Acts and resolutions of the General Assembly of the state of Georgia 1943 [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 19430000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1943 19430000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1943 PART I.GENERAL PUBLIC LAWS

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TITLE I. AMENDMENTS TO CONSTITUTION. ACTS. Bibb County Public Service Districts. Civil ServiceEqual Preferences to Veterans. Cobb County Funding Bonds. Consolidation of School Districts. Contracts Between Cities and Counties Respecting Hospitalization. DeKalb County Educational Tax. Disposition of Cases in Appellate Courts. Fulton County Appropriations. Fulton County Temporary Loans. Game and Fish Commission. General AssemblyCompensation of Members. Glenwood Bonded Debt. Glynn County Justice Courts. Public Service Commission. Qualification of Electors. Ray City Bonded Debt. Reprieves and Pardons. Revenue Anticipation Obligations. Richmond County Retirement Fund. Sessions of General Assembly. Spalding County School Board Elected by the People. State Board of Education. Summerville School District Bonds. TaxationExemption of Certain Corporate Stock. Teachers Retirement Benefits. Teacher Retirement SystemTaxation For. University System Regents. Venue in Divorce Cases.

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BIBB COUNTY PUBLIC SERVICE DISTRICTS. No. 37. 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 so as to authorize the governing authorities of the County of Bibb to establish, re-establish, and administer special districts for sanitation, garbage removal and disposal, fire prevention, police protection, drainage, road building, paving, and improvement; and any and all other public services and facilities usual and customarily afforded by municipalities of this State; to levy varying amounts of taxes; to issue bonds; and to levy assessments and service charges in connection with the establishments and administration of said districts; to provide means of collecting such executions, assessments, and service charges; and for 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 11, Section 1, of the Constitution of the State of Georgia, as the same has been amended, be further amended by adding at the end of said section as amended, a new paragraph, as follows: Art. 11, Sec. 1. The governing authorities of the County of Bibb shall have authority in their discretion, and without further authority than the exercise of such discretion, to establish and constitute, from time to time to re-establish and re-constitute or discontinue, and to administer within the bounds of the County but without the present territorial limits of the City of Macon, Georgia, districts for special sanitation; garbage removal and disposal; fire prevention; police protection; drainage; road building, paving, and improvement; and any and all other public services and facilities usual and customarily afforded by

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municipalities of this State; and to carry out the purposes of such establishment and administration, they shall have authority to levy taxes in varying amounts from that applicable to the County as a whole or to any other district, to issue bonds of any such district upon a vote of the qualified voters of such district, and under the rules of law governing the issue of County bonds, to levy assessments against and impose service charges upon the property and/or person served by these establishments provided pursuant hereto, to issue executions against the property and/or persons so served, and to collect such assessments, service charges, and executions in the manner as provided by law with respect to ad valorem taxes and/or license taxes. Public Service Districts. Tax. Assessments. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by a twothirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with ayes and nays thereon, and published in one or more newspapers in each Congressional District in this State for two months prior to the time for holding the next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at said general election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Article 11, Section 1, of the Constitution of Georgia, authorizing Bibb County to establish special districts for sanitation, garbage removal and disposal, fire prevention, police protection, drainage, road building, paving, and improvement, and any other public service and facility usual and customarily afforded by municipalities of this State; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words Against ratification of amendment to Article 11, Section 1, of the

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Constitution of Georgia, authorizing Bibb County to establish special districts for sanitation, garbage removal and disposal, fire prevention, police protection, drainage, road building, paving, and improvement, and any other public service and facility usual and customarily afforded by municipalities of this State. 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. Approved March 15, 1943. CIVIL SERVICEEQUAL PREFERENCES TO VETERANS. No. 60. A Resolution proposing to the people of Georgia that Article 3, Section 7, of the Constitution of Georgia be amended by providing that neither the State of Georgia, nor any political subdivision thereof, shall originate or maintain any civil service scheme which fails to provide for honorably discharged veterans of any war and to require the said State of Georgia and the political subdivisions thereof to provide equal preferences accorded to veterans of all wars as provided by Federal Civil Service Laws; 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 3, Section 7, of the Constitution of Georgia be amended by adding thereto

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a new paragraph to be known as Paragraph 26, which will read as follows: Art. 3, Sec. 7. par. 26 added. Neither the State of Georgia, nor any political subdivision thereof, shall inaugurate or maintain any civil service scheme of any nature whatever which fails to provide for honorably discharged veterans of any war, and the said State of Georgia, or any political subdivision shall, if a civil service scheme is originated or is already in force, shall provide equal preferences accorded to such veterans as now exist under Federal Civil Service Laws. Equal preferences to veterans. Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two houses in the General Assembly, the same shall be entered upon their journals with the yeas 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 an Act of the General Assembly approved March 24, 1939. Submission to vote. Approved March 20, 1943. COBB COUNTY FUNDING BONDS No. 13. 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; 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

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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 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. 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 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 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, Cobb 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

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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. Funding Bonds. 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

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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 1944, 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 provisions 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. Deferred payment orders prohibited. Punishment for violation. Casual deficiencies. Budget expenses. Tax levies. 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. Tax. Validation. Section 2. Be it further enacted by the authority aforesaid,

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said, 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 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. 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 16, 1943.

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CONSOLIDATION OF SCHOOL DISTRICTS. No. 57. A Resolution to propose to the qualified voters of Georgia an amendment to Article 8, Section 4, Paragraph 1, of the Constitution of the State of Georgia (1933 Code, Section 2-6901), relating, among other things, to the consolidation of local school districts; so as to provide that where one school district voting on consolidation shall have outstanding any bonds and another school district voting thereon has no outstanding bonds, a majority only of those voting in such district having such bonds shall be sufficient to carry such election in that particular district, while two-thirds of the qualified voters shall be required as to the district having no such outstanding bonds; and so as to provide that upon such consolidation, the consolidated district shall possess and retain any and all taxing powers that may have existed in either of such districts, but the levying of such tax shall apply to all property in any consolidated districts without any additional election therefor. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that Prargraph 1, Section 4, Article 8, of the Constitution of the State of Georgia (1933 Code, Section 2-6901), relating, among other things, to the consolidation of local school districts, be and the same is hereby amended by adding at the end of said section the following: Art. 8, Sec. 4, p. 1 ( 2-6901). Provided further, that where one of such local school districts voting on consolidation shall have outstanding any bonds and another school district voting thereon has no outstanding bonds, a majority only of those voting in such district having such bonds shall be sufficient to carry such election in that particular district, while two-thirds of the qualified voters shall be required

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as to the district having no such outstanding bonds; and upon such consolidation, the consolidated district shall possess and retain any and all taxing powers that may have existed in either of such districts, but the levying of such tax shall apply to all property in any consolidated districts without any additional election therefor. Vote required. 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 8, Section 4, Paragraph 1, of the Constitution providing for consolidation of local school districts where bonds have been voted, 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 8, Section 4, Paragraph 1, of the Constitution providing for consolidation of local school districts where bonds have been voted. And if a majority of the electors, quilified 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 8, Section 4, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Submission to vote.

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Section 3. That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 20, 1943. CONTRACTS BETWEEN CITIES AND COUNTIES RESPECTING HOSPITALIZATION. No. 315. An Act to propose to the qualified voters of Georgia amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia so as to authorize the City of Atlanta, Fulton County, and DeKalb County, or either of them, to enter into contracts with each other, or with a Hospital Authority, without the necessity of an election and irrespective of the debt limitation provision of the Constitution, and to levy and collect taxes for the purpose of complying with such contracts so entered into; 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 the State of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following language, to-wit: Art. 7, Sec. 7, p. 1 ( 2-5501). And except that the City of Atlanta, Fulton County, and DeKalb County, or either of these political subdivisions, may jointly and severally, by a majority vote of the governing body, or bodies, of the respective political subdivisions, enter into contracts each with the other, or with a duly authorized and created Hospital Authority, and assume thereby definite and fixed future liabilities

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or obligations for the period of time provided under and in furtherance of the general powers and obligations pertaining to hospitalization authorized by Article 7, Section 6, Paragraph 3, of the Constitution and may agree to levy and levy and collect a tax within the millage limitation as prescribed by the Hospital Authority Act, Georgia Laws 1941, page 241, et seq., and any amendments thereto, for the purpose of complying with the terms of any contract so entered into; such contracts so entered into, and the liabilities or obligations arising thereunder shall not require an election for that purpose, and such liabilities or obligations so assumed thereby shall not be deemed within the debt limitation provision of the Constitution. Contracts. Tax. Election not required. 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 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 of Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize the City of Atlanta, Fulton County, and DeKalb County to enter into contracts and assume liabilities or obligations thereunder pertaining to hospitalization of the indigent sick, and for other purposes. 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, so as to

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authorize the City of Atlanta, Fulton County, and DeKalb County to enter into contracts and assume liabilities or obligations thereunder pertaining to hospitalization of the indigent sick, 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, 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 therefor, as provided by law. Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1943. DeKALB COUNTY EDUCATIONAL TAX. No. 257. An Act to amend Paragraph 2, Section 6, of Article 7, of the Constitution of the State of Georgia by directing the County Authorities of DeKalb County to levy a tax not exceeding one mill for educational purposes throughout the entire County in addition to all tax now levied for such purposes subject to the approval of the voters of DeKalb County in a special election to be called by the Ordinary, and for other purpose. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. The Constitution of this State is hereby amended as follows; by adding to Paragraph 2, of Section

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6, of Artcle 7, of the Constitution the following words, to-wit: Art. 7, Sec. 6, p. 2 ( 2-5402). Upon the request of the Board of Education of DeKalb County, the County authorities thereof are hereby directed to levy in addition to all other taxes now levied by law, a tax not exceeding one mill for educational purposes, on all the taxable property throughout the entire County, including territory embraced in independent school systems, the same to be appropriated to the use of the County Board of Education and to the educational work directed by them. If the people ratify this amendment and proclamation of the same is made by the Governor of this State at the next General election as hereinafter provided, the Ordinary of DeKalb County shall within thirty days after said proclamation call a special election to be held within twenty days after such call. At said special election the sole question to be submitted to the voters of DeKalb County shall be whether or not said Act shall become operative in said County and if a majority of the voters qualified to vote for members of the General Assembly in said County, voting in said election, approve this Act, then said tax shall be levied as above set forth. If a majority of said voters, voting in said election, in said County, fail to approve this Act, then said Act shall not become operative. Tax for educational purposes. Referendum. Section 2. Be it further enacted by the authority aforesaid that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the ayes and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State for two months

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next preceding the time of the holding the next general election. Publication. Section 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Paragraph 2 of Section 6 of Article 7 of the Constitution authorizing one mill county-wide tax for educational purposes in DeKalb County if approved by the voters of said County, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Paragraph 2 of Section 6 of Article 7 of the Constitution authorizing one mill county-wide tax for educational purposes in DeKalb County if approved by the voters of said County. If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Submission to vote. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1943.

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DISPOSITION OF CASES IN APPELLATE COURTS. No. 62. A Resolution proposing to the people of Georgia for ratification or rejection an amendment to Article 6, Section 2, of the Constitution of Georgia. Resolved by the General Assembly of Georgia: Section 1. That the General Assembly of Georgia proposes to the people of Georgia that Article 6, Section 2, of the Constitution of Georgia be amended by striking and repealing all of Paragraph 6 of said Article and Section, as the same has heretofore been amended, and inserting in lieu thereof a new Paragraph 6, as follows: Art. 6, Sec. 2, p. 6 ( 2-3006). Paragraph 6. Cases, How Disposed of: The Supreme Court and the Court of Appeals shall dispose of every case at the term at which it is entered on the court's docket for hearing, as provided by Paragraph 9 of this Article and Section, or at the next term. If the plaintiff in error shall not be prepared to prosecute the case at the term at which it is so entered for hearing, unless prevented by providential cause, it shall be stricken from the docket and the judgment below shall stand affirmed. No writ of error shall be dismissed because of delay in transmission of the bill of exceptions and the copy of the record, or either of them, resulting from the default of the clerk or other cause, unless it shall appear that the plaintiff in error or his counsel caused such delay. Nothing herein shall be construed to excuse the clerk for any omission of duty or to relieve him of any liability consequent thereof. Docket term or next term. No dismissal for delayed transmission. Clerk liable. Section 2. When the foregoing amendment shall have been agreed to by two-thirds of the members elected to the

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Senate and the House of Representatives, the same shall be entered on their journals with the yeas and nays taken thereon and published and submitted to the people for ratification or rejection at the next general election, as now provided by law. Submission to vote. Approved March 20, 1943. FULTON COUNTY APPROPRIATIONS. No. 46. A Resolution proposing to the qualified voters of Georgia an amendment to Article 7, Section 6, Paragraph 1, of the Constitution of Georgia to authorize the Board of Commissioners of Roads and Revenues of the County of Fulton and the City of Atlanta to make appropriations from county or city funds not derived from taxation to advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of such County and City and environs, to encourage the location of new industries therein and to attract tourists and conventions of visitors thereto, making such appropriations directly for such purposes, or through such agencies as it may designate. Be it resolved by the General Assembly of Georgia: Section 1. That Article 7, Section 6, Paragraph 1, of the Constitution of Georgia, be and the same is hereby amended by adding at the end of said paragraph the following language: Art. 7, Sec. 6, p. 1 ( 2-5401). Provided, however, that the Board of Commissioners of Roads and Revenues of the County of Fulton and the proper authorities of the City of Atlanta are authorized to make appropriations from County or City funds not

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derived from taxation to advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of such County and City and environs, to encourage the location of new industries therein and to attract tourists and conventions of visitors thereto, making such appropriations directly for such purposes, or through such agencies as it may designate. Appropriations for promotional purposes. 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 publihsed 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, at the next General Election it shall 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 Paragraph 1, Section 6, Article 7, of the Constitution by providing for advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Fulton County and City of Atlanta. Submission to vote. 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 6, Article 7, of the Constitution by providing for advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Fulton County and City of Atlanta.

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And if a majority of the electors qualify 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 6, Article 7, of the Constitution of the State of Georgia. Approved March 18, 1943. FULTON COUNTY TEMPORARY LOANS. No. 47. A Resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia by striking the words Fulton County, being the fourth and fifth words, from the sub-paragraph to said Article 7, Section 7, Paragraph 1, proposed by the Act of the General Assembly approved August 25, 1927 (Georgia Laws 1927, page 122), and ratified by the people of Georgia on November 6, 1928, providing that Fulton, Chatham and Richmond Counties may make temporary loans and be further amended by adding a new sub-paragraph to said Article 7, Section 7, Paragraph 1, so as to authorize Fulton County to make temporary loans between January 1st and December 31st in each year, and to limit the aggregate amount of said loans outstanding at any one time, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Article 7, Section 7, Paragraph 1, of the

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Constitution of Georgia which has heretofore been amended be further amended by striking the words Fulton County, being the fourth and fifth words, from the sub-paragraph to said Article 7, Section 7, Paragraph 1, proposed by the Act of the General Assembly approved August 25, 1927 (Georgia Laws 1927, page 122), and ratified by the people of Georgia on November 6, 1928, providing that Fulton, Chatham and Richmond Counties may make temporary loans, and be further amended by adding a new sub-paragraph to said Article 7, Section 7, Paragraph 1, in the following language, to-wit: Art. 7, Sec. 7, p. 1 ( 2-5501). Words stricken. And except that Fulton County, in addition to the debts hereinbefore allowed, may make temporary loans between January 1st and December 31st in each year, said loans to be evidenced by promissory notes signed by the Chairman and Clerk of the Board of County Commissioners of said County when previously authorized by resolution by a majority vote of the County Commission at a regular or special meeting of the Board and spread upon the minutes. The aggregate amount of all such loans outstanding at any one time shall not exceed 70 per cent of the total gross income of the County from Taxes and other sources in the preceding year; provided, however, no loan legal at the time made shall be rendered illegal by any subsequent reduction in such gross income of the county. Temporary loans. Amount restricted. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members elected to each House, it shall be entered upon the journal of each House, with the ayes and nays thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, and shall, at the next general election, be submitted to the people for ratification. All persons voting at said

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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 Fulton County to make temporasy loans, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words Against ratification of amendment to Article 7, Section 7, Paragraph 1, of the Constitution, authorizing Fulton County to make temporary loans, and if a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the results shall be consolidated as now required by law in elections for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law. Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 18, 1943. GAME AND FISH COMMISSION. No. 31. A Resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection, an Amendment of Article 5 of the Constitution of the State of Georgia by adding thereto a new Section and a new Paragraph to be designated Paragraph 1 of Section 4 of Article 5 to create a State Game and Fish Commission and to provide for their appointment, terms of office, compensation, powers and duties; and for other purposes. Be it resolved by the General Assembly of the State of Georgia:

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Section 1. Upon approval of this Resolution in the manner hereinafter provided, that Article 5 of the Constitution of the State of Georgia be, and same is, hereby amended, by adding thereto a new section and a new paragraph to be designated as Paragraph 1 of Section 4 of Article 5, and which shall read as follows: Art. 5 ( 2- New section. There is hereby created a State Game and Fish Commission. Said Commission shall consist of one member from each Congressional District in this State, and one additional member from one of the following named counties, to-wit: Chatham, Bryan, Liberty, McIntosh, Glynn or Camden. The first members of the Commission shall consist of those in office at the time this Constitution is adopted, with terms provided by law. Thereafter, all succeeding appointments shall be made by the Governor and confirmed by the Senate for a term of seven years from the expiration of the previous term. All members of the Commission shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment of the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment. Game and Fish Commission. Members. Appointed by Governor. Vacancies. The Commission shall have such powers, authority, duties, and shall receive such compensation and expenses as may be delegated or provided for by the General Assembly. Section 2. When said amendment shall be agreed to by two-thirds vote of the members of each House, with the ayes and nays entered on their respective journals, it shall be published and submitted to the qualified voters of the State of Georgia for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted the result shall be declared and the amendment proclaimed as a part of the Constitution of

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the State of Georgia, as provided by the Constitution and laws relating to constitutional amendments. Submission to vote. Approved March 5, 1943. GENERAL ASSEMBLYCOMPENSATION OF MEMBERS. No. 54. A Resolution proposing to the people of Georgia an amendment to Paragraph 1 of Section 9 of Article 3 of the Constitution of Georgia, fixing the compensation and mileage of members of the General Assembly. Be it resolved by the General Assembly of Georgia: Section 1. That Paragraph 1 of Section 9 of Article 3 (Section 2-2001 of the Georgia Code) of the Constitution of Georgia be amended by striking and repealing said Paragraph 1 in its entirety and substituting in lieu thereof a new Paragraph to read as follows: Art. 3, Sec. 9, p. 1 ( 2-2001). Paragraph 1. Compensation and Mileage. Members of the General Assembly shall each receive the sum of $600.00 for each full term, and a pro rata portion thereof if serving less than a full term of office, as compensation for attending regular sessions of the General Assembly. For attending extraordinary sessions of the General Assembly, the members shall each receive $8.00 per diem. They shall each receive mileage not to exceed ten cents for each mile travelled, by the nearest practicable route, in going to and returning from the capital, to be paid once for each regular or extraordinary session. The President of the Senate and the Speaker of the House of Representatives shall each receive $900.00 for each full term of office, and a pro rata portion thereof if serving less than a full term of office, as compensation for

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attending regular sessions of the General Assembly; and $12.00 per diem for attending extraordinary sessions of the General Assembly; they shall receive the same mileage as other members. Compensation. Mileage. 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 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 20, 1943. GLENWOOD BONDED DEBT. No. 322. An Act to propose to the qualified voters of Georgia an Amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the town of Glenwood 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 the existing bonded indebtedness and interest thereon of said town due and unpaid as of July 1, 1943, and any outstanding bonded indebtedness and interest thereon due up to and including January 1, 1958; 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 July 1, 1943, and any bonded indebtedness and interest thereon which becomes due up to and including January 1, 1958; to provide for the submission of the amendment for ratification by the people; 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 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 Town of Glenwood, Wheeler County, 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 $17,500.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said Town outstanding, past due and unpaid on July 1, 1943, and any bonded indebtedness and interest thereon of said Town outstanding, past due and unpaid on July 1, 1943, and any bonded indebtedness and interest thereon of said city, outstanding and which becomes due up to and including January 1, 1958, 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 Town of Glenwood to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of July 1, 1943, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1958. Said refunding bonds shall be issued when authorized by a majority vote of the Mayor and Council of the Town of Glenwood, Georgia, and shall be validated as provided by law. Refunding bonds. Validation. 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

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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 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 of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the Town of Glenwood, Georgia, to issue refunding bonds. All persons opposed to the adopting of said amendment shall have written or printed on their ballots the words Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the Town of Glenwood, Georgia, to issue Refunding bonds. And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the result shall be consolidated as now required by law in election for members of the General Assembly, the said 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 15, 1943. GLYNN COUNTY JUSTICE COURTS. No. 175. An Act to propose to the qualified voters of Georgia an amendment to Article 6, Section 7, Paragraph 1, of the Constitution of Georgia so as to authorize the General Assembly in its discretion to abolish justice courts and the office of justice of peace and notary public ex-officio

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justice of peace in Glynn County, Georgia, and to establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction, the jurisdiction to subject-matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts and with such further provision for the correction of errors by the Superior Court or the Court of Appeals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize; 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 6, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding immediately after the words of over twenty thousand and immediately in front of the words and establish in lieu thereof the words and as well in the county of Glynn so that the said paragraph as amended shall read as follows, to-wit: There shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be four years: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace

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and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject-matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace, together with such additional jurisdiction, either as to amount or subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such courts, and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court, or Court of Appeals, or the Supreme Court, as the General Assembly may, from time to time, in its discretion provide or authorize. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph 1 of Section 9 of Article 6 of the Constitution of Georgia: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace in any county in this State having within its borders a city having a population of over twenty thousand, and as well in the County of Glynn, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction, the jurisdiction as to subject-matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction

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under this Constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court or the Court of Appeals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The municipal court of Atlanta shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, or supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any Court so established shall not be subject to the rules of uniformity laid down in Paragraph 1 of Section 9 of Article VI of the Constitution of Georgia. May abolish justice courts. Establish other courts. Jurisdiction. Procedure. 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 of 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 6, Section 7, Paragraph 1, of the Constitution so as to authorize the General Assembly to abolish Justice Courts in Glynn County and to create such new courts or system of Courts as the General Assembly may, in its discretion, deem necessary or transfer their functions to an existing Court 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 6, Section 7, Paragraph 1, of the Constitution so as to authorize the General Assembly to abolish Justice Courts in Glynn County and to create such new courts or system of Courts as the General Assembly may, in its discretion, deem necessary or transfer their function to an existing court. 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 6, 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. Section 3. Be it further enacted, that all laws or parts of laws, in conflct herewith be, and the same are, hereby repealed. Approved February 25, 1943. PUBLIC SERVICE COMMISSION. No. 424. An Act to propose to the qualified electors for ratification or rejection an amendment of Article 4, Section 2, of the Constitution of the State of Georgia by adding a new paragraph, to be designated as Paragraph 8, so as to provide for the Public Service Commission, its membership, election, qualification, terms of office, powers and duties; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the ratification of this proposal by the people of the State of Georgia, Article 4,

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Section 2, of the Constitution of the State of Georgia shall be amended by adding thereto a new paragraph, to be known and designated as Paragraph 8, and to read as follows: Art. 4, Sec, 2, ( 2- There shall be a Public Service Commission for the regulation of utilities, vested with the jurisdiction, powers, and duties now provided by law or that may hereafter be prescribed by the General Assembly, not inconsistent with other provisions of this Constitution. Such Commission shall consist of five members, who shall be elected by the people. A chairman shall be elected by the members of the Commission from one of its members. The first Commission under this amendment shall consist of the commissioners in office at the time of the adoption of this constitutional amendment and they shall serve for the term to which each was elected. Thereafter all succeeding terms of members shall be for six years. The qualifications, compensation, filling of vacancies, manner and time of election, powers and duties of members of the Commission, including the chairman, shall be such as are now or may hereafter be provided by the General Assembly. Public Service Commission. Members. 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 entered on their respective journals, said proposal shall be published in one or more newspapers in each Congressional District for two months previous to the time of holding the next general election and submitted to the qualified electors of the State of Georgia as provided for by law at the next general election at which proposals to amend the Constitution of the State of Georgia may be voted on, and there shall be placed on the ballot at said next general election the following language: All persons voting at said election in favor of adopting this amendment to the Constitution shall have written or printed

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on their ballots the words For Public Service Commission as Constitutional Officers, and all persons opposed to the adoption of this amendment to the Constitution shall have written or printed on their ballots the words Against Public Service Commission as Constitutional Officers, and should a majority of all the votes cast at said general election be in favor of ratification of this amendment to the Constitution and the returns thereof made to the Governor, he shall declare this amendment to be a part of the Constitution and shall issue a proclamation declaring this amendment to be a part of the Constitution of the State of Georgia in accordance with the Constitution and Laws of this State relating to Amendments to the Constitution. Submission to vote. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1943. QUALIFICATIONS OF ELECTORS. No. 28. A Resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Paragraph 2 of Section 1 of Article 2 of the Constitution of the State of Georgia relating to the qualifications of electors in this State, by providing the age and qualifications for electors; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Upon approval of this Resolution in the manner hereinafter provided, that Paragraph 2 of Section 1 of Article 2 of the Constitution of the State of Georgia, as follows: Art. 2, Sec. 1, p. 2 ( 2-602). Every male citizen of this State who is a citizen of the United States, twenty-one years old or upwards, not

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laboring under any of the disabilities named in this Article, and possessing the qualifications provided by it, shall be an elector and entitled to register and vote at any election by the people: Provided, that no soldier, sailor, or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State. be, and the same is, hereby amended by striking Paragraph 2 of Section 1 of Article 2, as above set out, in its entirety, and that in lieu thereof a new Paragraph to be substituted, to be known as Paragraph 2 of Section 1 of Article 2, and which shall read as follows: Par. 2 stricken. New paragraph substituted. Every citizen of this State who is a citizen of the United States, eighteen years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualifications provided by it, shall be an elector and entitled to register and vote at any election by the people: Provided, that no soldier, sailor, or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State. Age. 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 entered on their respective journals, it shall be published and submitted to the qualified voters of Georgia for ratification or rejection at the next general election at which Constitutional amendments may be voted on, and if adopted, the result shall be declared and the amendment proclaimed as a part of the Constitution of the State of Georgia, as provided by the Constitution and laws relating to Constitutional amendments. Submission to vote. Approved March 3, 1943.

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RAY CITY BONDED DEBT. No. 43. 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 Ray City 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 July 1, 1943, and which becomes due up to and including January 1, 1962; 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, 1943, or which may become due up to and including January 1, 1962; to provide for the submission of the amendment for ratification by the people, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: Art. 7, Sec. 7, p. 1 ( 2-5501). And except that the City of Ray City, Berrien County, Georgia, may issue refunding serial bonds not in excess of the aggregate sum of $25,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding, past due and unpaid on July 1, 1943, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including January 1, 1962, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of

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said refunding bonds as they fall due; the proceeds of all such refunding bonds so issued by the City of Ray City to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of July 1, 1943, and interest thereon outstanding and which becomes due up to and including January 1, 1962. Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Ray City 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 the ratification of amendment to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Ray City 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 Ray City to issue refunding bonds. And if a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the result shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become

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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, or parts of law, in conflict herewith are hereby repealed. Approved March 18, 1943. REPRIEVES AND PARDONS. No. 8. A Resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Paragraph XII of Section 1 of Article V of the Constitution of the State of Georgia which vests in the Governor power to grant reprieves and pardons, to commute penalties, to remove disabilities imposed by law, to remit any part of a sentence and to suspend sentences, by taking from the Governor all power over the same except as to suspension of death sentences and sentences in treason cases which are retained in him; to provide for a State Board of Pardons and Paroles, and for appointment, terms of office, compensation and duties of the members of the State Board of Pardons and Paroles; to provide that the power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and to remit any part of a sentence for any offense against the State, after conviction, except in cases of treason and impeachment, and except in cases in which the Governor refuses to suspend a sentence of death, shall be exercised by the State Board of Pardons and Paroles; to provide that the existing State Board of Pardons and Paroles created by the General Assembly shall take over and exercise the powers and duties conferred by this amendment in lieu of the creation of a new Board of such name and

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such existing Board shall have all the rights, powers, duties and privileges the same as if created by the General Assembly subsequent to the adoption of this amendment; and for other purposes. Be it resolved by the General Assembly of the State of Georgia: Section 1. Upon approval of this Resolution in the manner hereinafter provided, that Paragraph XII of Section 1 of Article V of the Constitution of the State of Georgia, as follows: Art. 5, Sec. 1, p. 12 ( 2-2612). 2-2612. (6481) Paragraph XII. Reprieves and Pardons. He shall have power to grant reprieves and pardons, to commute penalties, remove disabilities imposed by law, and to remit any part of a sentence for offenses against the State, after conviction, except in cases of treason and impeachment, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he may suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution, or grant a further reprieve. He shall, at each session of the General Assembly, communicate to that body each case of reprieve, pardon, or commutation granted, stating the name of the convict, the offense of which he was convicted, the sentence and its date, the date of the reprieve, pardon, or commutation, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. be, and the same is, hereby amended, by striking Paragraph XII of Section 1 of Article V, as above set out, in its entirety,

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and that in lieu thereof a new paragraph to be substituted, to be known as Paragraph XII of Section 1 of Article V, and which shall read as follows: Stricken. New paragraph. The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinafter provided, shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting therof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. There shall be a State Board of Pardons and Paroles composed of three members, who shall be appointed by the Governor and confirmed by the Senate. Appointments made at times when the Senate is not in session shall be effective ad interim. The first members shall be appointed for terms of three, five and seven years, respectively, to be designated by the Governor, and all subsequent appointments shall be for a period of seven years, except in case of an unexpired term. The Governor shall not be a member of the State Board of Pardons and Paroles. The members of the State Board of Pardons and Paroles shall each receive an annual salary of $5,000.00, payable monthly. The State Board of

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Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offence against the State, after conviction, except in cases of treason or impeacement, and except in cases in which the Governor refuses to suspend a sentence of death. Provided that such board shall act on all applications within 90 days from the filing of same, and in all cases a majority shall decide the action of the Board. Except if any member for any cause is unable to serve in any case involving capital punishment, the Governor shall act as the third member of said Board and the action so taken in such instances shall be by unanimous vote. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of disabilities or remission of sentences granted, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law. The first Board of Pardons and Paroles under this provision may be those in office under an Act of the General Assembly creating such a Board existing at the time of the adoption of this amendment, which, if so existing shall be in lieu of such a Board to be created by the General Assembly subsequent to the adoption of this amendment, and which Board shall have all the rights, privileges, powers and duties the same as if it was so subsequently created, and the terms of members of such Board shall date from the time specified in the existing Act of the General Assembly. The General Assembly may enact laws in aid of, but not inconsistent with, this amendment. Governor's power. Board of Pardons and Paroles. Salaries. Powers. Reports to General Assembly. Terms.

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Section 2. When said amendment shall be agreed to by two-thirds vote of each House, with the ayes and nays thereon entered on their respective journals, it shall be published and submitted to the qualified voters of Georgia for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted, the result shall be declared and the amendment proclaimed as a part of the Constitution of the State of Georgia, as provided by the Constitution and laws relating to constitutional amendments. Submission to vote. Approved February 5, 1943. REVENUE ANTICIPATION OBLIGATIONS. No. 34. A Resolution proposing an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia by providing that Revenue Anticipation Obligations shall not be deemed debts of or to create debts against the political sub-division issuing such obligations; and for other purposes. Be it resolved by the General Assembly of Georgia: Art. 7, Sec. 7, p. 1 ( 2-5501). Section 1. That the General Assembly does hereby propose that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia be amended by adding at the end thereof the following language: Provided, further, that revenue anticipation obligations may be issued by any county, municipal corporation, or political sub-division of this State to provide funds for the construction, in whole or in part, of any revenue-producing facility which such county, municipal corporation or political sub-division is authorized by the Act of the General Assembly approved March 31, 1937, known as

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the `Revenue Certificate Laws of 1937,' as amended by the Act approved March 14, 1939, to construct and operate, or to provide funds to extend, repair or improve any such existing facility. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political sub-division, and shall not be deemed debts of, or to create debts against, the issuing political sub-division within the meaning of this paragraph or any other of this Constitution. This proviso shall apply only to revenue anticipation obligations issued to provide funds for the construction, extension, repair, or improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, as amended by said Act of 1939; and no such issuing political sub-division of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof. Revenue anticipation obligations. Not debts. Scope limited. 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 years and nays taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election, as provided by law. Submission to vote. Approved March 9, 1943. RICHMOND COUNTY RETIREMENT FUND. No. 332. An Act to propose to the people an amendment to Paragraph 2 of Section 6 of Article 7 of the Constitution of the State of Georgia so as to authorize the General Assembly

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to enact laws to create in Richmond County a retirement or pension fund for county employees and to enact laws to create in Richmond County a pension or retirement fund for the employees of the Board of Health of Richmond County, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Constitution of the State of Georgia is hereby amended as follows, to-wit: By adding to Paragraph 2, of Section 6 of Article 7 thereof the following words, to-wit: Art. 7, Sec. 6, p. 2 ( 2-5402). Provided further, that the General Assembly shall have authority, however, to enact laws authorizing the County of Richmond to create a retirement or pension fund, and a system of retirement or pension pay for county employees not elected by the people and to employees under county officials elected by the people and paid from the county Treasury, and to provide for a contribution to such fund by all such employees by deductions from their pay, and to provide for contribution thereto from the County Treasury of Richmond County, and to provide for an assessment of taxes by Richmond County sufficient to cover such county's contribution, and to establish rules of tenure of office for all such employees. Retirement fund for employees. Tax. Provided further, that the General Assembly shall have authority to enact laws authorizing the Board of Health of Richmond County to create a retirement or pension fund for the employees of such Board, to provide a system of retirement or pension pay for the employees of such Board, to provide for contribution by the City Council of Augusta and Richmond County to such fund, to provide for contribution to such fund by the employees of the Board of Health of Richmond County,

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to authorize the City Council of Augusta and Richmond County to levy taxes for such fund, and to provide for the tenure of office of such employees. Employees. Contribution. Section 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election. Publication. Section 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Paragraph 2, of Section 6, of Article 7 of the Constitution authorizing the Legislature to provide a pension or retirement fund for the employees of Richmond County and to enact laws authorizing a retirement or pension fund for the employees of the Board of Health of Richmond County, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Paragraph 2, of Section 6, of Article 7 of the Constitution authorizing the Legislature to provide a pension or retirement fund for the employees of Richmond County and to

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enact laws authorizing a retirement or pension fund for the employees of the Board of Health of Richmond County. If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Submission to vote. 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 15, 1943. SESSIONS OF GENERAL ASSEMBLY. No. 55. A Resolution proposing to the people of Georgia an amendment to Article 3, Section 4 of the Constitution of Georgia, providing for sessions of the General Assembly. Be it resolved by the General Assembly of Georgia: Section 1. The General Assembly of Georgia proposes to the people of Georgia that Article 3, Section 4 of the Constitution of Georgia be amended by striking all of Paragraph 3 of said Article and Section and inserting in lieu thereof a new Paragraph 3, as follows: Art. 3, Sec. 4, p. 3 ( 2-1503). Paragraph 3. Meetings of the General Assembly. The General Assembly shall meet in regular session on the second Monday in January, 1945, and bienially thereafter on the same date until the date shall be changed by law. By concurrent resolution, adopted by a

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majority of the members elected to both Houses, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than seventy (70) days, in the aggregate, during the term for which the members were elected. If it shall adjourn the first regular session before the expiration of seventy (70) days without fixing a date for reconvening, the General Assembly shall reconvene in regular session on the second Monday in January of the next year. All business pending in the House or Senate at the adjournment of any regular session may be considered at any later regular session of the same General Assembly as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and House of Representatives, as provided in Article 5, Section 1, Paragraph 13 of this Constitution. If an impeacement trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed. Sessions. Adjournments. Lengh of regular session. Extraordinary Sessions. Impeachment trial pending. Section 2. 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 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. Approved March 20, 1943.

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SPALDING COUNTY SCHOOL BOARD ELECTED BY PEOPLE. No. 41. A Resolution proposing to the qualified voters an amendment to Article 11, Section 2, Paragraph 1 of the Constitution of Georgia so as to provide for the division of Spalding County into school districts and for the election of a member of the county board of education from each school district; to provide for their terms of office and qualifications; to provide for the election and appointment by the county board of education of a superintendent of the county school system, and to prescribe his qualifications and term of office; to provide for the submission of the amendment for ratification or rejection by the people; and for other purposes. Be it resolved by the General Assembly of the State of Georgia: Section 1. That Article 11, Section 2, Paragraph 1 of the Constitution of Georgia, as heretofore amended, shall be further amended by adding at the end thereof a new paragraph as follows, to-wit: Art. 11, Sec. 2, p. 1 ( 2-8301). The members of the county board of education of Spalding County shall be elected by the people at the same time and for the same term that other county officers are elected, and shall hold their offices until their successors are elected and qualified. Sixty days after the ratification of this amendment it shall be the duty of the ordinary of Spalding County to call an election for the purpose of electing by the qualified voters in each school district of a member of the county board of education from that school district. The members of the board who are elected at that time shall hold office until their successors are elected and qualified. Should a vacancy occur

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in the office of any member thus elected, a successor shall be appointed by the Judge of the Superior Court for the unexpired term. The County of Spalding, outside of the city limits of the City of Griffin, shall, by the Judge of the Superior Court, the ordinary, and the clerk of the Superior Court, be laid off and divided into five school districts to be known, numbered, and designated as school districts Nos. 1, 2, 3, 4 and 5; one member from each school district shall be elected to serve on said board; and only the registered and qualified voters in each school district shall vote for the election of a member from that district. It shall become mandatory upon the officers herein named to exercise the powers granted under this amendment. Election and terms. Vacancy. Districts. No publisher of school books or any agent for such publisher or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of the county board of education; and in said election, only the qualified voters of the county residing in that part of the county where the schools are under the jurisdiction and control of the county school superintendent shall be eligible to vote. Persons ineligible. That from and after the ratification of this amendment the Grand Jury of Spalding County shall make no future appointments of members of the county board of education, but the present board shall serve until their successors are duly elected as above provided. Grand Jury appointments forbidden. No person shall be eligible to hold office as a member of the county board of education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for the members of the General Assembly. Eligibility.

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The county superintendent of Spalding County shall be elected or appointed by the county board of education for a term of two years and he shall hold such office until his successor is elected and qualified. From and after the ratification of this amendment the voters of Spalding County shall no longer elect the county school superintendent, but the present superintendent shall serve the remainder of his elected term of office and until his successor is duly elected or appointed as above provided by the county board of education. School Superintendent appointed by board. Before any person shall be qualified or eligible to hold office as county school superintendent, he shall have had at least two years practical experience in teaching and he shall have completed a minimum of five school years of college and shall have graduated from an accredited college or university and hold the degree of Master of Arts or an equivalent Master's degree. Eligibility of school superintendent. Section 2. Whenever this proposed amendment shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly and the same shall have been entered on their journals with the ayes and nays taken thereon, it shall be published, submitted to the people in an election and the returns thereof consolidated and the result declared in the manner provided in the Act of 1939 (Georgia Laws 1939, p. 305). Submission to vote. Approved March 15, 1943. STATE BOARD OF EDUCATION. No. 17. An Act to propose to the qualified electors for ratification or rejection an amendment of Article 8, Section 2 of the Constitution of the State of Georgia by adding a new paragraph to provide for a State Board of Education;

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to provide membership, appointment, qualification, term of office, tenure, filling of vacancies, eligibility for membership, powers and duties of the State Board of Education; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That there shall be proposed to the qualified electors for ratification or rejection at the next general election an amendment of Article 8, Section 2 of the Constitution of the State of Georgia, by adding a new paragraph to be numbered Paragraph 2 to read as follows: Art. 8, Sec. 2, ( 2- There shall be a State Board of Education, composed of one member from each Congressional District in the State, who shall be appointed by the Governor, by and with the advice and consent of the Senate. The Governor shall not be a member of the State Board of Education. The first State Board of Education under this provision shall consist of those in office at the time this constitutional amendment is adopted, with the terms provided by law. Thereafter, all succeeding appointments shall be for seven years terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board shall hold office until their successors are appointed and qualify. The members of the State Board of Education shall be citizens of this

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State who shall have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional capacity by a private or public educational institution, or by the State Department of Education, shall be eligible for appointment or to serve on said Board. No person who is or has been connected with or employed by a school-book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law existing at the time of the adoption of this amendment, together with such further powers and duties as may be hereafter provided by law. Members appointed by Governor. Terms. Vacancies. Confirmation by Senate. Eligibility. Powers. 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 entered on their respective journals, it shall be published and submitted to the people for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted the result shall be declared and the amendment proclaimed as a part of the Constitution, as provided by the Constitution and laws relating to constitutional amendments. Submission to vote. Section 3. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 4, 1943. SUMMERVILLE SCHOOL DISTRICT BONDS. No. 335. An Act proposing 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 to permit

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the County Board of Education of Chattooga County, or the Trustees of the Summerville School District or other proper authority, to issue bonds in an amount in excess of seven per centum of the taxable property in the Summerville School District for the purpose of replacing in the Summerville School District high school buildings destroyed by fire, and to authorize the proper school authority of Chattooga County, whether it be the Board of Education of said County or the Trustees of the Summerville School District, to issue bonds in an amount not to exceed $35,000.00 over and above the present indebtedness for school buildings in the Summerville School District of Chattooga 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 Article 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia, which has heretofore been amended, be and the same is hereby proposed to be further amended by adding at the end of said Paragraph 1, the following language, to-wit: Art. 7, Sec. 7, p. 1 ( 2-5501). Except that the Board of Education of Chattooga County, or the Trustees of the Summerville School District, whichever may be the proper authority, shall be and are hereby authorized to issue bonds to replace a high school building in the Summerville School District destroyed by fire, in an amount not to exceed $35,000.00 which said amount of $35,000.00 will be in excess of the limitation of seven per centum provided by Article 7, Section 7, Paragraph 1 of the Constitution. After this amendment has been authorized and approved by the qualified voters of the State of Georgia, as required by the Constitution and laws of this State, the bonds herein authorized in the amount of $35,000.00 or as much thereof as the proper school authorities may determine

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is necessary, shall be issued only after an election held in the Summerville School District at which the qualified voters of said District shall vote either for or against such bond issue and no bonds shall be issued until the same shall have been approved by the qualified voters of the Summerville School District in the method and manner now provided by law. Purpose and amount. Referendum. 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 the State for two months previous to the time of holding the next general election at which proposed amendments of the Constitution of this State may be voted on, the same shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of ratification of the 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 proper school authority in Chattooga County to issue bonds in an amount not exceeding $35,000.00 to replace a high school building in the Summerville School District destroyed by fire and all persons opposing the ratification of said amendment shall have written or printed on their ballots the words: Against the ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the proper school authority in Chattooga County to issue bonds in an amount not exceeding $35,000.00 to replace a high school building in the Summerville School District destroyed by fire. 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 required by law in a general election at which Constitutional amendments are submitted to the voters of this State, then said

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amendment shall become a part of Article 7, Section 7, Paragraph 1 of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law. Submission to vote. Section 3. That All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1943. TAXATIONEXEMPTION OF CERTAIN CORPORATE STOCK. No. 258. An Act 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 exempt from ad valorem and intangibles taxes in Georgia the common voting stock of a subsidiary corporation when at least ninety per cent thereof is held by a Georgia corporation and for the purpose of enabling such parent corporation to carry on part of its business through such subsidiary; and for other purposes: Section 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 2, 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. 2, p. 2 ( 2- There shall be exempt from all ad valorem intangibles taxes in this State the common voting stock of a subsidiary corporation not doing business in this state, if at least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is

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held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary. Stocks exempt. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members elected to each House, it shall be entered upon the journal of each House, with the ayes and nays thereon, and published in one or more newspapers in each congressional district in this State for two months previous to the time for holding the next general election, and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Article 7, Section 2, Paragraph 2, of the Constitution, exempting from ad valorem and intangibles taxes the common voting stock of a subsidiary corporation, at least ninety per cent of which is owned by a Georgia corporation with its principal place of business in this State, 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 2, Paragraph 2, of the Constitution, exempting from ad valorem and intangibles taxes the common voting stock of a subsidiary corporation, at least ninety per cent of which is owned by a Georgia corporation with its principal place of business in this State; and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in elections for members of the General Assembly, the said amendment shall become a part of Article 7, Section 2, Paragraph 2, of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law. Submission to vote.

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Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 5, 1943. TEACHER'S RETIREMENT BENEFITS. No. 22. A Resolution proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Paragraph 1, Section 1, Article 7, of the Constitution of Georgia so as to provide for payment of benefits and other costs under a teacher's retirement system of Georgia in accordance with enactment of the General Assembly to be administered by a Board of Trustees; 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- To authorize the levy of taxes for, and to make provision for the payment of benefits and other cost under a teacher's retirement system of Georgia, provided that no person shall be entitled to the benefits herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder; provided no indebtedness against the State shall ever be created for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder. Persons entitled. Debt limitation.

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Section 2. That when this amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the journals of each House, with the yeas and nays thereon, and shall be published in one or more newspapers in each Congressional District in the State for two months previous to the time for holding the next general election, and at said next general election shall be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words For ratification of amendment to Paragraph 1, Section 1, Article 7, of the Constitution, providing benefits under a teacher's retirement system of Georgia. And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to Paragraph 1, Section 1, Article 7, of the Constitution, providing for benefits under a teacher's retirement system of Georgia. Submission to vote. And if the majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the returns shall be consolidated as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the result by publication of the results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified. Section 3. That any and all provisions of law and parts of laws in conflict with this amendment be and the same are hereby repealed. Approved February 26, 1943.

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TEACHER RETIREMENT SYSTEMTAXATION FOR. No. 48. A Resolution proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Article 7 of the Constitution of Georgia, so as to provide that powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities for the purpose of paying pensions and other costs and benefits under a teacher retirement system or systems; to repeal House Resolution No. 13-16 B approved February 26th, 1943, 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 a new section thereto to be known as Section 18, to read as follows: Art. 7. Sec. 18. The powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities, for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems; provided no indebtedness against the State shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under acts of the General Assembly authorized hereunder. Powers of taxaiton extended. Section 2. Be it further enacted that a resolution known as House Resolution No. 13-16 B, approved February 26, 1943, for the submission to the qualified voters of the State of a proposed amendment to the Constitution of Georgia amending Article 7, Paragraph 1, Section 1, to provide for payments of benefits and other costs under a teacher retirement system of Georgia is hereby repealed. House Resolution repealed. Section 3. That when this amendment shall be agreed

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to by two-thirds vote of the members elected to each House, it shall be entered upon the journals of each House, with the yeas and nays thereon, and shall be published in one or more newspapers in each congressional district in the State for two months previous to the time for holding the next general election, and at the next general election shall be submitted to the people for ratification. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to Article 7 of the Constitution providing that the powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems; and all persons opposed to the ratification of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to Article 7 of the Constitution providing that the powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems. Submission to vote. And if the majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the returns shall be consolidated as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the result by publication of the results of said election by one insertion in one of the daily papers of this State declaring the amendment ratified. Section 4. That any and all provisions of law and parts

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of law in conflict herewith be and the same are hereby repealed. Approved March 18, 1943. UNIVERSITY SYSTEM REGENTS. No. 7. An Act to propose to the qualified electors for ratification or rejection an amendment of Article 8, Section 6 of the Constitution of the State of Georgia by adding a new paragraph to provide for a Board of Regents of the University System of Georgia; to provide membership, appointment, qualification, term of office, tenure, filling of vacancies, powers and duties of the Board of Regents of the University System of Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That there shall be proposed to the qualified electors for ratification or rejection at the next general election an amendment of Article 8, Section 6 of the Constitution of the State of Georgia by adding a new paragraph to be numbered Paragraph 2 to read as follows: Art. 8, Sec. 6, p. 2. There shall be a Board of Regents of the University System of Georgia, and the government, control, and management of the University System of Georgia and all of its institutions in said System, shall be vested in said Board of Regents of the University System of Georgia. Said Board of Regents of the University System of Georgia shall consist of one member from each Congressional District in the State, and five additional members from the State-at-Large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said Board. The first Board of Regents under this

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provision shall consist of those in office at the time this constitutional amendment is adopted, with the terms provided by law. Thereafter, all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session, to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board of Regents shall hold office until their successors are appointed. The said Board of Regents of the University System of Georgia shall have the powers and duties as provided by law existing at the time of the adoption of this amendment, together with such further powers and duties as may be hereafter provided by law. Board of Regents. Members appointed by Governor. Vacancies. Senate confirmation. 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 entered on their respective journals, it shall be published and submitted to the people for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted, the result shall be declared and the amendment proclaimed as a part of the Constitution, as provided by the Constitution and laws relating to constitutional amendments. Submission to vote.

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Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 28, 1943. VENUE IN DIVORCE CASES. No. 63. A Resolution proposing to the qualified voters of the State of Georgia; for ratification or rejection, an amendment to Paragraph 1, Section 16, of Article 6 of the Constitution of the State of Georgia, which determines venue in divorce cases by adding the following at the end of said paragraph: Provided that any person who has been a resident of any United States Army Post or Military Reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or Military Reservation. Be it resolved by the General Assembly of the State of Georgia: Section 1. Upon approval of this resolution in the manner hereinafter provided that Paragraph 1 of Section 16, Article 6 of the Constitution of the State of Georgia, which appears as Section 2-4301 of the Code of 1933, which reads as follows: Divorce cases shall be brought in the county where the defendant resides if a resident of this State; if the defendant be not a resident of this State, then in the county in which the plaintiff resides, shall be amended by adding at the end thereof the following: provided, that any person who has been a resident of any United States Army Post or Military Reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent

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to said United States Army Post or Military Reservation, so that said paragraph when amended shall read as follows: Art. 6, Sec. 16, p. 1 ( 2-4301). Divorce cases shall be brought in the county where the defendant resides if a resident of this State; if the defendant be not a resident of this State, then in the county in which the plaintiff resides; provided, that any person who has been a resident of any United States Army Post or Military Reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or Military Reservation. As amended. Section 2. When said amendment shall be agreed to by two-thirds vote of each House with the ayes and nays thereon entered on their respective journals shall be published and submitted to the qualified voters of the State of Georgia for ratification or rejection at the next general election, at which Constitutional amendments may be voted on, and if adopted the results shall be declared and the amendment proclaimed as a part of the Constitution of the State of Georgia, as provided by the Constitution and laws relating to Constitutional amendments. Submission to vote. Approved March 20, 1943.

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TITLE II. APPROPRIATIONS. ACTS. General Appropriation ActAd Interim. General Appropriation Act. Brannen, W. HerbertCompensation for Injuries. Veterinary Diagnosis Laboratory. GENERAL APPROPRIATION ACT. AD INTERIM. No. 1. An Act to make appropriations for the operations of the State Government, for the support of its eleemosynary institutions, for aid to the University System and to the Common Schools of the State, for aid to the counties for roads, for the payment of Public Debt and the Interest thereon, and for all other Governmental activities authorized by law and the Budget Authorities, for the period January 1, 1943, to June 30, 1943; to repeal parts of Appropriation Act of 1937 as amended; to provide for establishing balances at January 1, 1943; to provide for the disposition of surplus funds above budget approval; to suspend the operation of parts of Acts allocating certain revenue for special purposes, so that such revenue shall be paid into the General Fund of the State Treasury to reimburse the General Fund for the payment of appropriations herein made in fixed amounts in lieu of such allocated revenues; to provide for the qualifications of a public officer before the funds appropriated herein are available; and to repeal conflicting laws.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that the sums of money hereinafter set out are appropriated for the period January 1, 1943, to June 30, 1943. Appropriation. LEGISLATIVE. Section 1. Legislative Department.....$250,000.00 Legislative Department. The above sum appropriated shall be available for compensation as fixed by law and for mileage at the rate of 10c per mile for one round-trip for each session and any and all extraordinary sessions of the General Assembly, of the President and Members of the Senate and of the Speaker and Members of the House of Representatives; for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, of the messengers and door-keepers of the Senate and House of Representatives as fixed by law, for the actual travel expenses of Members of Legislative Committees; for supplies, repairs, printing and other incidental expenses and equipment of the General Assembly; for publishing and distributing the Acts and Journals of the General Assembly and the Codes of Georgia; and for publishing Constitutional Amendments. JUDICIARY. Section 2. For the cost of operating the Supreme Court.....$46,000.00 Supreme Court. Provided, that the expenses of the court heretofore paid from fees and costs authorized by law collected by the court and such other expenses as authorized by the budget authorities shall be paid from this appropriation under the same rules and regulations that control expenditures of all other State agencies. Proviso. Provided, further, that all the fees and costs collected by

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this court shall be paid immediately into the General Fund of the State Treasury. Proviso. Section 3. For the cost of operating the court of Appeals.....$42,000.00 Court of Appeals. Provided, that the expenses of the court heretofore paid from fees and costs authorized by law collected by the court and such other expenses as authorized by the budget authorities shall be paid from this appropriation under the same rules and regulations that control expenditures of all other State agencies. Proviso. Provided, further, that all the fees and costs collected by this court shall be paid immediately into the General Fund of the State Treasury. Proviso. Section 4. For the cost of operating the Superior Courts.....$107,000.00 Superior Courts. Section 5. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.....$7,500.00 Printing and distributing reports. PUBLIC DEBT, INTEREST AND LEASE CONTRACTS. Section 6. For the redemption of the Western and Atlantic Railroad Rental Discounts.....$270,000.00 W. A. rental discounts. Section 7. For the redemption of the principal of the Highway County Certificates of Indebtedness and Highway Refunding Bonds.....$2,670,000.00 Highway county certificates. Section 8. For the payment of rental charges for Sinking Funds Requirements of State Hospital Authority by Milledgeville State Hospital.....$125,000.00 Milledgeville State Hospital. EDUCATION. Section 9. For grants for aid to the Common Schools; for matching Vocational Education and Vocational Rehabilitation

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funds in cooperation with the Federal Government; for grants for aid to the Common Schools under the provisions of the Common Schools Equalization Acts of 1926 and 1927; for free textbooks for the children attending Common Schools; for the salaries of County School Superintendents; for the operating cost of the Department; and for any and all other expenses by law payable from the Common School Fund.....$8,427,200.00 Common Schools. Provided, that the State Board of Education shall within the first thirty days after the effective date of this Act make an apportionment of this appropriation to the various activities of the Department of Education and immediately report same to the State Budget Authorities for approval. After said apportionment is approved, any and all obligations or commitments made which are in excess of the funds apportioned shall be null and void. Proviso. Provided, further, that the amount appropriated in this Section is inclusive of all revenues allocated to the Common Schools under the provision of the State Constitution, as well as under statutory law. Proviso. Section 10. For the cost of operating the State Board of Regents; for aid to the University System, for necessary buildings and equipment; for experimental purposes in tobacco; and for cost of operating the State Soil Conservation Committee.....$750,000.00 University System. Provided, that the above appropriation shall be in addition to the funds realized by the respective units in the period from Federal Government, donations, gifts, earnings from fees, rents, sales and any and all other sources of income. Proviso. Provided, that the State Board of Regents shall within the first thirty days after the effective date of this Act, make an apportionment of this appropriation to the various units

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of the University System and immediately report same to the State Budget Authorities for approval. After said apportionment is approved, any and all obligations or commitments made, which are in excess of these funds apportioned together with the unit's other income, shall be null and void. Proviso. Section 11. For the cost of operating the Library Commission, including cost of publications for free traveling libraries in rural sections..... $6,000.00 Library Commission. Section 12. (a) For the cost of operating the Highway Department, including the Planning Survey..... $225,000.00 Highway Department. (b) For the cost of maintenance of roads, including all cost items incident thereto..... $1,000,000.00 Maintenance. (c) For the cost of construction of Highways, including all cost items incident thereto..... $50,000.00 Construction. Provided, that during this war emergency, if the condition of the State warrants, the Budget Authorities may from time to time make an additional allotment from the State Emergency Fund authorizing and providing funds for the construction of necessary and emergency highways and bridges and to meet outstanding contracts. Proviso. Provided, further, that any and all obligations and commitments negotiated by the officials of the State Highway Department after the enactment of this law which have not been authorized by a specific allotment from the State Emergency Fund shall be null and void. Proviso. Section 13. For grants to Counties for aid in County road construction and maintenance as provided by law authorizing the State Treasury to make such grants..... $2,150,000.00 Road construction and maintenance. Section 14. For the cost of operating the State Prison System..... $150,000.00 State Prison.

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Section 15. For the cost of operating the Department of Public Health..... $300,000.00 Public Health. Section 16. For the cost of operating the Department of Public HealthTuberculosis Sanatorium..... $200,000.00 Tuberculosis Sanatorium. Section 17. For the cost of operating the State Department of Public Welfare..... $37,500.00 Public Welfare. Section 18. For grants to Counties for aid in administration of County Public Welfare Departments..... $315,000.00 Public Welfare. Section 19. For matching Federal Funds for Benefits to Old Age, Blind, Dependent children and Crippled children services..... $2,450,000.00 Matching Federal funds. Section 20. For the pension to Confederate soldiers and widows..... $270,000.00 Confederate soldiers and widows. Section 21. For the support, maintenance and equipment of the State Institutions under the management of the State Department of Public Welfare (not including rental payments to Hospital Authority)..... $1,075,000.00 State Institutions. ALL OTHER AGENCIES. Section 22. Agriculture, Department of Department of Agriculture. For the cost of operating all activities of the Department, Farmers Markets, Bangs Disease indemnities and State Superintendent of Farms..... $200,000.00 Section 23. Audits, Department of Audits. For the cost of operating all activities of the Department, County school auditing and Budget Division..... $36,000.00 Section 24. Banking, Department of Banking. For the cost of operating all activities of the Department..... $25,000.00

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Section 25. Capitol Square Improvement Committee. For aid in cost of operating the new State Office Building..... $20,000.00 State Office Building. Section 26. Comptroller General. Comptroller-General. For the cost of operating the office of Comptroller General, Insurance Commissioner, and Fire Inspection Division..... $30,000.00 Section 27. Confederate Pensions and Records. Confederate pension records. For the cost of operating the department..... $3,900.00 Section 28. Entomology, Department of Entomology. For the cost of operating the Department of Entomology, including emergency disease and insect eradication..... $30,000.00 Section 29. Executive Department. Executive Department. (a) For the cost of operating the Executive Department including cost and maintenance expense of Executive automobile and telephones at Mansion..... $20,000.00 (b) For allowance payable monthly for cost of operating the Mansion including servants hire, food, other supplies and laundry..... $3,750.00 Mansion. Provided, that the accounts to furnish the necessary heat, lights, power, water repairs, furnishings and equipment shall be paid by the Public Buildings and Grounds Funds. Proviso. (c) For a Contingent Fund of the Executive Department for other costs of operating, namely, rewards, election blanks, dues Governors conference and special committee expenses..... $2,500.00 Contingent fund. Section 30. Income Equalization Account. Income Equalization Account. The State Treasurer and other fiscal officers are authorized and directed to set up as an appropriation in this account an amount equal to the amount or amounts that is determined by the State Auditor to be a surplus in

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available funds after the pro rating of monthly income has been made to the monthly allotments authorized under this Act. In the event the income for the month is insufficient to make a 100% pro rating to meet the allotments authorized under this Act, the State Auditor is authorized to utilize the necessary amount from this fund to cover the deficiency. In the event there is at any time a surplus in this account, the amount of same shall be available and is appropriated for allotment for Highway construction or for other purposes, in accordance with provisions of Section 8 of the Budget Act. Section 31. Industrial Board, State Industrial Board. For the cost of operating the State Industrial Board; provided assessments as provided by law are collected in a like amount..... $45,000.00 Section 32. Labor, Department of Labor Department. For the cost of operating the Commissioner's Office and Factory Inspection Division..... $13,000.00 Section 33. Law, Department of Law Department. For the cost of operating the Department of Law..... $50,000.00 Provided, that the salaries of all assistant Attorneys-General, all law clerks and stenographic help therefor shall be paid from this fund. Proviso. No state agency is authorized to expend the funds appropriated for the support and maintenance of the respective agency for the purpose for which provision is made in this item unless payment is made 100% from Federal Funds. Section 34. Library, State State Library. For the cost of operating the State Library and the purchase of new books and publications..... $6,000.00

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Section 35. Military Department. Military Department. For the cost of operating the Military Department and aid to Military Organizations.....$24,000.00 Section 36. Military and Citizens Defense Corps. Citizens Defense Corps. For the cost of operating the Georgia State Guard and the Citizens Defense Committee.....$210,000.00 Section 37. Milk Control Board. Milk Control. For the cost of operating the Milk Control Board.....$23,000.00 Section 38. Natural Resources, Department of (a) For the cost of operating the Division of Forestry, including a $5,000.00 allotment to Herty Foundation.....$62,500.00 Forestry. (b) For the cost of operating the Division of Mines, Mining and Geology.....$22,500.00 Mining and Geology. (c) For the cost of operating the Division of Parks, provided that all park concessions be operated on a lease basis.....$17,500.00 Parks. (d) For the cost of operating the Division of Wild Life and Coastal Fisheries Division.....$87,500.00 Wild Life. Section 39. Naval Stores Supervising Inspector. Naval Stores Inspector. For compensation provided the fees shall be remitted to the State Treasury.....$1,800.00 Section 40. Prison Commission. Prison Commission. For the cost of operating the Prison Commission.....$35,000.00 Section 41. Planning Board, State Planning Board. For cost of operating the State Planning Board.....$7,500.00

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Section 42. Pharmacy Board. For the cost of operating the Office of Chief Drug Inspector.....$6,500.00 Drug Inspector. Section 43. Public Buildings and Grounds. Public buildings and grounds. For the cost of operating the State Capitol Buildings and Grounds; the maintenance of Confederate Cemeteries; the repairs, furnishings, equipment, heat, light, power, water and upkeep of grounds at the Mansion and for Insurance on Public Property not otherwise provided for.....$30,000.00 Provided, that the State Agency having in charge any State property shall pay the premium of insurance on such property. Proviso. Section 44. Public Safety, Department of Public Safety. For cost of operating the Department of Public Safety.....$340,000.00 Section 45. Public Service Commission. Public Service Commission. For cost of operating the Utilities Division and the Motor Carriers Division of the Public Service Commission.....$55,000.00 Section 46. Revenue, Department of Revenue Department. For cost of operating the Department of Revenue, including liquor warehouses, Provided, that the liquor warehouse charges shall be maintained and that same shall be immediately imbursed to the State Treasury.....$375,000.00 Proviso. Provided, further, that in addition to the above appropriation, there is hereby appropriated from every source of income a sufficient sum to make refunds of collections made in error, as provided by law. Proviso.

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Section 47. Secretary of State. Secretary of State. (a) For cost of operating the Office of Secretary of State; Archives and History Division; Corporation Division; Building and Loan Division; Securities Division and Joint Secretary's Office.....$37,500.00 (b) For cost of operating the Several Examining Boards.....$25,000.00 Examining Boards. Provided, that the funds appropriated in this item shall be apportioned to each board in exact ratio of the revenue collections of each board. Proviso. Section 48. Supervisor of Purchases. Supervisor of Purchases. For cost of operating the Office of Supervisor of Purchases.....$37,500.00 Section 49. Treasury, State Treasury. For cost of operating the State Treasury.....$15,000.00 Section 50. Treasury Land Title Fund. Land Title Fund. There is hereby appropriated for this fund the actual amount of receipts as required by law. Section 51. Veterans Service Office. Veterans Service Office. For cost of operating the Veterans Service Office.....$20,000.00 Section 52. The fixed sums appropriated in this Act for the cost of operating the agencies and for other purposes shall be in lieu of and/or inclusive of, and not in addition to, all amounts realized from taxes, fees and collections specially allocated for the support of the respective agency, under any law now or hereafter to become operative, making specific allocation for the support of the respective agency, and the operation of parts of Acts so allocating revenue for specific purposes is hereby suspended for the periods for which fixed sums are appropriated under the within Act. The State Agencies charged

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with the duty of collecting the revenue affected by the provisions of this section are hereby directed to pay all of said revenues into the General Fund of the State Treasury. Taxes, fees, etc., specially allocated. Section 53. This Act shall apply for the period January 1, 1943, to June 30, 1943. Period effective. Section 54. In the event any duties, purposes and objects for which appropriations are made in this Act, shall be transferred under authority of law to a State Agency other than that to which appropriated, the appropriations for such duties, purposes and objects shall follow to such State Agency to which the duties are transferred; and in case the appropriation to be so transferred is not a separate item, the Governor, the State Auditor, and the head of the State Agency to which the appropriation is made in this Act, are authorized to determine the amount to be transferred and set up to the transferee State agency. Nothing in this Section shall be construed to increase any appropriation for the duties, purposes and objects named in this Act. Contingencies. Section 55. All Federal Funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant. Federal funds. Section 56. Before an allotment from the appropriations made in this Act, shall be available for expenditure by any Agency of the State, a quarterly budget shall have been submitted and approved in accordanse with provisions of the Budget Act and all rules and regulations issued in accordance with the Budget Act shall have been complied with. Quarterly budgets. Section 57. The State Auditor shall monthly pro rate the income of the State to the credit of each appropriation

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account in the same proportion that each appropriation bears to the total appropriations and if the amount of funds prorated to the credit of each account is in excess of the approved budget allotments, the amount of said surplus shall be credited to the Income Equalization Account by the State Treasurer. In the event the income is insufficient to make a 100% pro rating to meet the allotments authorized under this Act, the State Auditor is authorized to utilize the necessary amount from the Income Equalization Account to cover the deficiency and same shall be charged to the account by the State Treasurer. The pro rating of funds under this Section by the State Auditor shall not increase the amount of appropriations set out in this Act. State income pro rated monthly. Section 58. The State Budget Authorities are authorized and directed in the administration of this Act, to enforce every economy possible in the operation of the State Agencies in the conduct of the affairs of the respective agencies. Economy. Section 59. No payment shall be made and no obligation shall be incurred against any fund, allotment or appropriation made in this Act unless same has been included in the Budget of the respective agency and approved as provided by law. Every expenditure or obligation authorized or incurred in violation of the provisions of this Section shall be void. Every payment made in violation of the provisions of this Section shall be deemed illegal, and every official authorizing or making such payment, or taking part therein, and every person receiving such payment or any part thereof, shall be jointly and severally liable to the State for the full amount so paid or received. Unauthorized expenditures. Section 60. At June 30, 1943, the amount of each appropriation provided for in this Act which has not been

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allotted by Budget Bureau Authorities in writing shall lapse and cease to be available and the State Treasurer, upon receiving notice of same, shall not pay any unallotted appropriation and shall make the necessary adjustments in his appropriation accounts to charge off the amount of the lapsed appropriations. Unallotted appropriations lapse. Section 61. Immediately upon the passage of this Act, the Budget Officials are authorized and directed to establish as of January 1, 1943, the amount of Budget allotments outstanding to each agency of the State and after determination of the amount of the allotments, the Budget Officials shall issue to the State's Fiscal Officials in writing a list of the amounts which shall be set up by the, State Treasury and State Comptroller as the balance in each account as of January 1, 1943, and the amounts so set up shall be available in the same manner and for the same purposes as originally authorized and as provided in this Act. The amount of the determined balances are hereby appropriated as fixed sums in addition to the amounts appropriated in this Act and the sums of money held in any special account by the State Treasury are hereby transferred to the State's General Fund. All payments made by the State Treasurer from appropriation or allocation accounts after January 1, 1943, shall be a charge against the determined balances and the amount of the appropriations set up in this Act for each respective Agency. All balances of any appropriation or allocation account as of January 1, 1943, in excess of the determined balances shall immediately lapse and cease to be available and the State Treasurer is authorized and directed to cancel same from record. The purpose of this Section is to repeal that part of the Appropriation Act of 1937 as amended, which would provide funds for allotment in the period January 1, 1943, to June 30, 1943, provision for which is made in this Act. Budget established. Purpose.

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Section 62. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved January 21, 1943. GENERAL APPROPRIATIONS ACT. No. 8. An Act to make appropriations for the operations of the State Government, for the support of its eleemosynary institutions, for aid to the University System and to the Common Schools of the State, for aid to the counties for roads, for the payment of public debt and interest thereon, and for all other Governmental activities authorized by law and the Budget Authorities, for the fiscal year ending June 30, 1944, and for each and every fiscal year thereafter until repealed by law; to provide for the disposition of surplus funds above budget approval; to suspend the operation of parts of Acts allocating certain revenue for special purposes, so that such revenue shall be paid into the General Fund of the State treasury to reimburse the General Fund for the payment of appropriations herein made in fixed amounts in lieu of such allocated revenues; to provide for the qualifications of a public officer before the funds appropriated herein are available; and to repeal conflicting laws. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that the sums of money hereinafter set out are appropriated for the fiscal year ending June 30, 1944, and for each and every fiscal year thereafter until repealed by law. Appropriation. LEGISLATIVE Section 1. Legislative Department.....$250,000.00 Legislative Department. The above sum appropriated shall be available for each

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of the years in which there is a meeting of the General Assembly, for compensation as fixed by law and for mileage at the rate of 10c per mile for one round trip for each session and any and all extraordinary sessions of the General Assembly, of the President and Members of the Senate and of the Speaker and Members of the House of Representatives; for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, of the messengers and door-keepers of the Senate and House of Representatives as fixed by law, for the actual travel expenses of Members of Legislative Committees; for supplies, repairs, printing and other incidental expenses and equipment for the General Assembly; for publishing and distributing the Acts and Journals of the General Assembly and the Codes of Georgia; and for publishing Constitutional Amendments. JUDICIARY. Section 2. For the cost of operating the Supreme Court.....$92,000.00 Supreme Court. Provided, that the expenses of the court heretofore paid from fees and costs authorized by law collected by the Court and such other expenses as authorized by the Budget Authorities shall be paid from this appropriation under the same rules and regulations that control the expenditures of all other state agencies. Proviso. Provided, further, that all the fees and costs collected by this Court shall be paid immediately into the General Fund of the State Treasury. Proviso. Section 3. For the cost of operating the Court of Appeals.....$84,000.00 Court of Appeals. Provided, that the expenses of the court heretofore paid from fees and costs authorized by law collected by the Court and such other expenses as authorized by the

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Budget Authorities shall be paid from this appropriation under the same rules and regulations that control the expenditures of all other state agencies. Proviso. Provided, further, that all the fees and costs collected by this Court shall be paid immediately into the General Fund of the State Treasury. Proviso. Section 4. For the cost of operating the Superior Courts.....$214,000.00 Superior Courts. Section 5. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.....$15,000.00 Printing and distributing court reports. PUBLIC DEBT, INTEREST AND LEASE CONTRACTS. Section 6. For the redemption of the principal of the Public Debt for General State Bonds.....$200,000.00 Bond redemption. Section 7. For the interest on Public Debt, General State Bonds and $8,000.00 to the University System on the Bank Stock Debt.....$150,000.00 Interest on public debt. Section 8. For the redemption of the Western and Atlantic Railroad Rental Discounts.....$540,000.00 W. A. discounts. Section 9. For the redemption of the principal of the Highway County Certificates of Indebtedness and Highway Refunding Bonds.....$2,670,000.00 Highway County Certificates, etc. Section 10. For the interest on Highway Refunding Bonds.....$159,000.00 Highway refunding Bonds. Section 11. For the payment of Rental Charges for Sinking Fund Requirements of State Hospital Authority by Milledgeville State Hospital.....$250,000.00 Milledgeville State Hospital.

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EDUCATION. Section 42. For grants for aid to the Common Schools; for matching Vocational Education and Vocational Rehabilitation funds, in cooperation with the Federal Government; for grants for aid to the Common Schools under the provisions of the Common Schools Equalization Acts of 1926 and 1927; for free textbooks for the children attending Common Schools; for the salaries of County School Superintendents; for the operating cost of the Department; and for any and all other expenses by law payable from the Common School Fund.....$19,000,000.00 Common Schools. Provided, that the State Board of Education shall within the first thirty days of each fiscal year make an apportionment of this appropriation to the various activities of the Department of Education and immediately report same to the State Budget Authorities for approval. After said apportionment is approved any and all obligations or commitments made which are in excess of the funds apportioned shall be null and void. Proviso. Provided, further, that the amount appropriated in this Section is inclusive of all revenues allocated to the Common Schools under the provision of the State Constitution as well as under statutory law. Proviso. Section 13. For the cost of operating the State Board of Regents; for aid to the University System, for necessary buildings and equipment; for experimental purposes in tobacco; and for cost of operating the State Soil Conservation Committee.....$1,800,000.00 University System. Provided, that the above appropriation shall be in addition to the funds realized by the respective units in each fiscal year from Federal Government, donations, gifts, earnings, earning from fees, rents, sales and any and all other sources of income. Proviso.

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Provided, that the State Board of Regents shall within the first thirty days of each fiscal year make an apportionment of this appropriation to the various units of the University System and immediately report same to the State Budget Authorities for approval. After said apportionment is approved, any and all obligations or commitments made, which are in excess of the funds apportioned together with the unit's other income, shall be null and void. Proviso. Section 14. For the cost of operating the Library Commission, including cost of publications for free traveling libraries in rural sections.....$12,000.00 Library Commission. Section 15. (a) For the cost of operating the Highway Department, including the Planning Survey.....$450,000.00 Highway Department. (b) For the cost of maintenance of roads, including all cost items incident thereto.....$2,000,000.00 Road maintenance. (c) For the cost of construction of Highways, including all cost items incident thereto.....$100,000.00 Highway construction. Provided, that during this war emergency, if the condition of the State warrants, the Budget Authorities may from time to time make an additional allotment from the State Emergency Fund authorizing and providing funds for the construction of necessary and emergency highways and bridges and to meet outstanding contracts. Proviso. Provided, further, that any and all obligations and commitments negotiated by the officials of the State Highway Department, after the enactment of this law, which have not been authorized by a specific allotment from the State Emergency Fund shall be null and void. Proviso.

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Section 16. For grants to Counties for aid in County road construction and maintenance as provided by law authorizing the State Treasury to make such grants.....$4,300,000.00 County roads. HEALTH, PUBLIC WELFARE AND PENSIONS. Section 17. For the cost of operating the State Prison System.....$300,000.00 State Prison System. Section 18. For the cost of operating the Department of Public Health.....$600,000.00 Public Health. Section 19. For the cost of operating the Department of Public HealthTuberculosis Sanatorium.....$400,000.00 Tuberculosis Sanatorium. Section 20. For the cost of operating the State Department of Public Welfare.....$75,000.00 Public Welfare Department. Section 21. For grants to Counties for aid in administration of County Public Welfare Departments.....$630,000.00 County aid, public welfare. Section 22. For matching Federal Funds for Benefits to Old Age, Blind and Dependent Children and Crippled Children Services.....$4,900,000.00 Matching Federal Funds. Section 23. For the pension to Confederate Soldiers and Widows.....$540,000.00 Confederate soldiers and widows. Section 24. For the support, maintenance and equipment of the State Institutions under the management of the State Department of Public Welfare (not including rental payments to Hospital Authority).....$2,150,000.00 State Institutions. ALL OTHER AGENCIES. Section 25. Agriculture, Department ofFor the cost of operating all activities of the Department, Farmers' Markets, Bangs Disease indemnities and State Superintendent of Farms.....$400,000.00 Agriculture Department.

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Section 26. Audits, Department ofFor the cost of operating all activities of the Department, County School auditing and Budget Division.....$72,000.00 Audits. Section 27. Banking, Department ofFor the cost of operating all activities of the Department.....$50,000.00 Banking Department. Section 28. Capitol Square Improvement CommitteeFor aid in cost of operating the new State Office Building.....$40,000.00 State Office. Section 29. Comptroller GeneralFor the cost of operating the office of Comptroller General, Insurance Commissioner, and Fire Inspection Division.....$60,000.00 Comptroller-General. Section 30. Confederate Pensions and RecordsFor the cost of operating the department.....$7,800.00 Confederate pension records. Section 31. Entomology, Department ofFor the cost of operating the Department of Entomology, including emergency disease and insect eradication.....$60,000.00 Entomology. Section 32. Executive Department(a) For cost of operating the Executive Department, including cost and maintenance expense of Executive automobile and telephones at mansion.....$40,000.00 Executive Department. (b) For allowance payable monthly for cost of operating the Mansion, including servants' hire, food, other supplies and laundry.....$7,500.00 Mansion. Provided, that the accounts to furnish the necessary heat, light, power, water, repairs, furnishings and equipment shall be paid by the Public Buildings and Grounds Funds. Proviso. (c) For a Contingent Fund of the Executive Department for other costs of operating, namely, rewards, election blanks, dues, Governors Conference and Special Committee expenses.....$5,000.00 Contingent fund.

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Section 33. Income Equalization AccountThe State Treasurer and other fiscal officers are authorized and directed to set up as an appropriation in this account an amount equal to the amount or amounts that is determined by the State Auditor to be a surplus in available funds after the prorating of monthly income has been made to the monthly allotments authorized under this Act. In the event the income for the month is insufficient to make a 100% prorating to meet the allotments authorized under this Act, the State Auditor is authorized to utilize the necessary amount from this fund to cover the deficiency. In the event there is at any time a surplus in this account, the amount of same shall be available and is appropriated for allotment for highway construction or for other purposes, in accordance with provisions of Section 8 of the Budget Act. Income Equilization Account. Section 34. Industrial Board, StateFor the cost of operating the State Industrial Board; provided assessments as provided by law are collected in a like amount.....$90,000.00 Industrial Board. Section 35. Labor, Department ofFor the cost of operating the Commissioner's Office and Factory Inspection Division.....$26,000.00 Labor Department. Section 36. Law, Department ofFor the cost of operating the Department of Law.....$100,000.00 Law Department. Provided, that the salaries of all assistant Attorneys-General, all law clerks and stenographic help therefor shall be paid from this fund. No state agency is authorized to expend the funds appropriated for the support and maintenance of the respective agency for the purpose for which provision is made in this item unless the payment is made 100% from Federal Funds. Proviso.

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Section 37. Library, StateFor the cost of operating the State Library and the purchase of new books and publications.....$12,000.00 Library. Section 38. Military DepartmentFor the cost of operating the Military Department and aid to Military Organizations.....$48,000.00 Military Department. Section 39. Military and Citizens Defense CorpsFor the cost of operating the Georgia State Guard and the Citizens Defense Committee.....$420,000.00 Citizens Defense Corps. Section 40. Milk Control BoardFor the cost of operating the Milk Control Board.....$46,000.00 Milk Control Board. Section 41. Natural Resources, Department of(a) For the cost of operating the Division of Forestry, including a $10,000.00 annual allotment to Herty Foundation.....$125,000.00 Forestry. (b) For the cost of operating the Division of Mines, Mining and Geology.....$45,000.00 Mines, Mining and Geology. (c) For the cost of operating the Division of Parks, provided, that all park concessions be operated on a lease basis.....$35,000.00 Parks. (d) For the cost of operating the Division of Wild Life and Coastal Fisheries Divisions.....$175,000.00 Wild Life; Coastal Fisheries. Section 42. Naval Stores Supervising Inspector.For compensation, provided the fees shall be remitted to the State Treasury.....$3,600.00 Naval Stores Inspector. Section 43. Prison Commission.For the cost of operating the Prison Commission.....$70,000.00 Prison Commission. Section 44. Planning Board, StateFor cost of operating the State Planning Board.....$15,000.00 Planning Board. Section 45. Pharmacy Board.For the cost of operating the Office of Chief Drug Inspector.....$13,000.00 Pharmacy Board.

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Section 46. Public Buildings and Grounds.For cost of operating the State Capitol Buildngs and Grounds; the maintenance of Confederate Cemeteries; the repairs, furnishings, equipment, heat, light, power, water, and upkeep of Grounds at the Mansion and for Insurance on Public Property not otherwise provided for.....$60,000.00 Public Buildings and Grounds. Provided, that the State Agency having in charge any State property shall pay the premium of insurance on such property. Insurance Premiums. Section 47. Public Safety, Department ofFor cost of operating the Department of Public Safety.....$680,000.00 Public Safety. Section 48. Public Service Commission.For cost of operating the Utilities Division and the Motor Carriers Division of the Public Service Commission.....$110,000.00 Public Service ommission. Section 49. Revenue, Department ofFor the cost of operating the Department of Revenue, including liquor warehouses, provided, that the liquor warehouse charges shall be maintained and that same shall be immediately imbursed into the State Treasury.....$750,000.00 Reference Dept. Provided, further, that in addition to the above appropriation, there is hereby appropriated from every source of income a sufficient sum to make refunds of collections made in error, as provided by law. Refunds. Section 50. Secretary of State.(a) For cost of operating the Office of Secretary of State, Archives and History Division; Corporation Division; Building and Loan Division; Securities Division and Joint Secretary's Office.....$75,000.00 Sec. of State. (b) For cost of operating the Several Examining Boards.....$50,000.00 Examining Boards. Provided, that the funds appropriated in this item

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shall be apportioned to each board in exact ratio of the revenue collections of each board. Section 51. Supervisor of Purchases.For cost of operating the office of Supervisor of Purchases.....$75,000.00 Supervisor of Purchases. Section 52. Treasury, StateFor cost of operating the State Treasury.....$30,000.00 State Treasurer. Section 53. Treasury Land Title Fund.There is hereby appropriated for this fund the actual amount of receipts as required by law. Land Title Fund. Section 54. Veterans Service Office.For cost of operating the Veterans Service Office.....$40,000.00 Veterans Service Office. Section 55. The fixed sums appropriated in this Act for the cost of operating the Agencies and for other purposes shall be in lieu and/or inclusive of, and not in addition to, all amounts realized from taxes, fees and collections specially allocated for the support of the respective agency, under any law now or hereafter to become operative, making specific allocation for the support of the respective Agency, and the operation of parts of Acts so allocating revenues for specific purposes is hereby suspended for the periods for which fixed sums are appropriated under the within Act. The State Agencies charged with the duty of collecting the revenue affected by the provisions of this section are hereby directed to pay all of said revenues into the General Fund of the State Treasury. Appropriations in lieu of fees. Section 56. This Act shall apply for the fiscal year ending June 30, 1944, and to each and every year thereafter until repealed by law. Ending June 30, 1944. Section 57. In the event any duties, purposes, and objects for which appropriations are made in this Act, shall be transferred under authority of law to a State Agency other than that to which appropriated, the appropriations

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for such duties, purposes and objects shall follow to such State Agency to which the duties are transferred; and in case the appropriation to be so transferred is not a separate item, the Governor, the State Auditor, and the head of the State Agency to which the appropriation is made in this Act, are authorized to determine the amount to be transferred and set up to the transferee State Agency. Nothing in this Section shall be construed to increase any appropriation for the duties, purposes and objects named in this Act. Appropriations to follow Agency. Section 58. All Federal Funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant. Federal Funds. Section 59. Before an allotment from the appropriations made in this Act, shall be available for expenditure by any Agency of the State, a quarterly budget shall have been submitted and approved in accordance with provisions of the Budget Act and all rules and regulations issued in accordance with the Budget Act shall have been complied with. Allotment to follow quarterly budget. Section 60. The State Auditor shall monthly pro rate the income of the State to the credit of each appropriation account in the same proportion that each appropriation bears to the total appropriations and if the amount of funds pro rated to the credit of each account is in excess of the approved budget allotments, the amount of said surplus shall be credited to the Income Equalization Account by the State Treasurer. In the event the income is insufficient to make a 100% pro rating to meet the allotments authorized under this Act, the State Auditor is authorized to utilize the necessary amount from the Income Equalization Account to cover the deficiency and same shall be charged to the Account by the State Treasurer.

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The pro rating of funds under this Section by the State Auditor shall not increase the amount of appropriations set out in this Act. Income pro rated monthly. Section 61. The State Budget authorities are authorized and directed in the administration of this Act, to enforce every economy possible in the operation of the State Agencies in the conduct of the affairs of the respective agencies. Economy. Section 62. No payment shall be made and no obligation shall be incurred against any fund, allotment, or appropriation made in this Act unless same has been included in the Budget of the respective agency and approved as provided by law. Every expenditure or obligation authorized or incurred in violation of the provisions of this Section shall be void. Every payment made in violation of the provisions of this Section shall be deemed illegal, and every official authorizing or making such payment, or taking part therein, and every person receiving such payment or any part thereof, shall be jointly and severally liable to the State for the full amount so paid or received. No payments not included in budget. Section 63. At the end of each fiscal year the amount of each appropriation provided for in this Act which has not been allotted by Budget Bureau authorities in writing shall lapse and cease to be available and the State Treasurer, upon receiving notice of same, shall not pay any unallotted appropriation and shall make the necessary adjustments in his appropriation accounts to charge off the amount of the lapsed appropriations. Lapsed appropriations. Section 64. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved January 29, 1943.

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BRANNEN, W. HERBERTCOMPENSATION FOR INJURIES. No. 457. An Act providing funds for the reimbursement of medical expenses, hospital treatment and nurses', and doctors' bills, for W. Herbert Brannen, a citizen of the State of Georgia, caused by his being wounded by officers of the State of Georgia in their attempt to capture escaped convicts on July 11th, 1938; and for other purposes. Whereas, W. Herbert Brannen, while employed as a traveling salesman on July 11, 1938, was peaceably pursuing his occupation and travelling State Route No. 38, between Hinesville and Ludowici, Georgia, in an automobile; and, Preamble. Whereas, while between the said two towns Forrest Turner and four (4) other convicts who had escaped from the Penitentiary blocked the highway causing him to stop; and, Whereas, the said convicts at the points of guns made a prisoner of the said W. Herbert Brannen in his own automobile; and, Whereas, while a prisoner as aforesaid, the officers of Liberty County and the State Highway Patrol set out in pursuit of said fleeing convicts, they not knowing that the said Herbert Brannen was in said automobile, fired upon the vehicle. When the officers fired upon said automobile three (3) buck shots struck the said W. Herbert Brannen immediately below his right shoulder blade, one of said shots causing his right lung to collapse, one of said shots passing through his liver, and one of said shots puncturing his diaphram; and Whereas, when said convicts were finally overhauled the automobile was caused to turn over at a speed of approximately

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eighty (80) miles an hour, injuring the back of the said W. Herbert Brannen; and, Whereas, as a result of the injuries received, he was placed in hospital in Savannah, Georgia, remaining there approximately twenty (20) days at a cost of Seven Hundred and Fifty Dollars ($750.00); and, Whereas, he lost twelve (12) weeks from his work; and, Whereas, as a result of the injury his health is now bad and will continue to be bad and it affects his earning capacity and his ability to support his wife and infant child; and, Whereas, he has no remedy at law to recover damages from any person involved; 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, Section 1. That there is hereby appropriated from any lawful funds in the Treasury of the State of Georgia, not otherwise appropriated and payable when the budget authorities of the State may determine that said funds are available, the sum of Seven Hundred Fifty ($750.00) Dollars, to be paid to W. Herbert Brannen, a citizen of the State of Georgia, for reimbursement of medical expenses, hospital treatment and nurses' and doctors' bills. Reimbursement for medical expenses. Section 2. Be it further enacted that all Acts or parts of Acts in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 20, 1943.

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VETERINARY DIAGNOSIS LABORATORY. No. 459. An Act to appropriate Fifteen Thousand ($15,000.00) Dollars to the Department of Agriculture for the use and purpose of purchasing and installing the necessary additional equipment for a Veterinary Diagnostic Laboratory to make possible the diagnosing of diseases of livestock and poultry so that efficient treatment can be administered and prompt steps taken to prevent the spread of contagious and infectious diseases, and testing of Biological products, including hog cholera serum and virus for purity and potency, and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Whereas: In view of increase livestock and poultry industry in this State and the increase monetary value placed thereon by war conditions, recognizing the responsibility in helping conserve all food producing animals, and lessen the possibility of human infection of diseases that are transferable from animal to man, any number of which diseases are fatal. Only with a laboratory diagnosis is it possible in a number of diseases to make accurate diagnosis, and the present equipment and facilities being inadequate for the purpose, it is therefore necessary to acquire additional laboratory equipment and facilities for the testing of Biological products, including hog cholera serum and virus for purity and potency and for other purposes. Preamble. Section 1. The sum of Fifteen Thousand ($15,000.00) Dollars is hereby appropriated to the Department of Agriculture, to be paid from the first $15,000.00 collected by the Department as fertilizer fees, for the use and purpose of purchasing and installing the necessary additional equipment

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for a Veterinary Diagnosis Laboratory and for other purposes. Appropriation for Veterinary Diagnosis Laboratory. Section 2. All laws and parts of laws in conflict with this Act be and are hereby repealed. Approved March 20, 1943.

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TITLE III. TAXATION. ACTS. Homestead ExemptionAmending Act. Homestead ExemptionAmending Act. IntangiblesClassification LawAmendments. Income TaxesAccelerated Amortization of Emergency Facilities. Income Tax ReturnsVerification Dispensed With. Personal Property ExemptionAmending Act. HOMESTEAD EXEMPTIONAMENDING ACT. No. 189. An Act to amend an Act entitled, An Act to provide for homesteads exempt from certain taxation; to fix the amount of said exemption; to determine the value and eligibility of the homestead; to prescribe rules and regulations for setting aside exemptions, etc., and for other purposes, approved December 16, 1937 (Ga. Laws Ex-Sess. 1937-38, pp. 145-150), as amended by the Acts approved February 21, 1939, and March 24, 1939, as appearing in Georgia Laws of 1939, pp. 98-100; by repealing Section 2 of said Act as amended, relating to the date of the year in which the exemption from taxation is sought when the application and schedule shall be filed; the duties of the County Tax Receiver or Tax Commissioner; the filing of the application and schedule; and for other purposes; by inserting in lieu thereof a new section, to be known as Section 2, providing that the date for the filing of the application for exemption shall be changed from April 1 to May 1 of the year in which exemption from taxation is sought; 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 entitled, An Act to provide for homesteads exempt from certain taxation; to fix the amount of said exemption; to determine the value and eligibility of the homestead; to prescribe rules and regulations for setting aside exemptions, etc., and for other purposes, approved December 16, 1937 (Ga. Laws Ex. Sess. 1937-38, pp. 145-150), as amended by the Acts approved February 21, 1939, and March 24, 1939, as appearing in Georgia. Laws of 1939, pp. 98-100, be amended by repealing Section 2 of said Act as amended, which reads as follows: Ga. Laws Ex. Sess., 1937-38. pp. 145-150, Sec. 2 repealed. Section 2. The person seeking said exemption shall, on or before April 1st of the year in which exemption from taxation is sought, file a written application and schedule with the County Tax Receiver or Tax Commissioner charged with the duty of receiving returns of property for taxation. The failure to so file said application and schedule as provided herein shall constitute a waiver upon the part of such person failing to make said application for exemption for said year. and inserting in lieu thereof a new section, to be known as Section 2, to read as follows: Section 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the person seeking said exemption shall, on or before May 1st of the year in which exemption from taxation is sought, file a written application and schedule with the County Tax Receiver or Tax Commissioner charged with the duty of receiving returns of property for taxation. The failure to so file said application and schedule as provided herein shall constitute a waiver upon the part of such person failing to make said application for exemption for said year. To read.

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Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1943. HOMESTEAD EXEMPTIONAMENDING ACT. No. 463. An Act to amend an Act entitled Homestead Exemption from Taxes (Georgia Laws Extra Session, 1937-1938, p. 145), approved December 16, 1937, so as to define the term Homestead; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that Section 8 of the Homestead Exemption from Taxes law (Georgia Laws Extra Session, 1937-1938, p. 145) is hereby amended by adding another subsection to be known as k and to read as follows: Ga. Laws 1937-38 p. 145 Sec. 8 amended. The permanent place of residence of a person in the military, naval, marine, or other armed forces of the United States, and said residence shall be construed to be actually occupied as the place of abode of such person for the duration of the war in which the United States is now engaged, where the family of such person resides thereat, or where the family because of such service is forced to live elsewhere. Residence. Section 1A. Section 8 of the Homestead Exemption from Taxes Law (Georgia Laws Extra Session 1937-1938, page 145) is hereby amended by adding thereto a new Section to be known as Section 8A as follows: Whenever used in this Act, the phrase occupied primarily as a dwelling shall mean: Dwelling defined.

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(a) That the applicant and members of his family occupy the property solely as a home; or (b) The applicant and his family occupy a portion, 50 per cent or more, as a dwelling and the remainder, 50 per cent or less, is occupied by a tenant as a dwelling; or (c) Property used for commercial purposes or the conduct of a business shall not be classified for the purposes of this Act as a homestead unless the business conducted or the commercial enterprise carried on is of such nature that same is customarily conducted at a place of residence. In no event shall property be exempt from taxation hereunder when a commercial enterprise requiring the services of employees is carried on on said property or when the nature of the business and the enterprise requires physical changes in the property to render same suitable for such business or enterprise. (d) Apartment houses shall not be exempt from taxation hereunder even though one or more apartments are occupied by the owner as a dwelling., (e) For the purpose of this Act, an apartment house is defined to be a building designed or altered for occupancy as residences by three or more separate families or units. (f) Division of property so as to render a portion eligible for exemption and a portion ineligible for exemption will be allowed when the division follows a bona fide plan in which both the land and the improvements are capable of division. (g) The physical structure of any improvement shall not prevent the applicant from being eligible for a homestead exemption when the use of said property as a dwelling by the applicant and members of his family actually extends to the whole of the improvement.

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Section 2. That all laws and parts of laws in conflict here-with be and the same are hereby repealed. Approved March 20, 1943. INTANGIBLESCLASSIFICATION LAWAMENDMENTS. No. 353. An Act to amend an Act approved December 27th, 1937, known as the Intangibles-Classification Act, and being No. 68 (Ga. Laws 1937-1938, pp. 156, et seq.) by amending Section 11 (d) of said Act, so as to provide for a division of so much of the revence derived from taxes on intangible personal property as is now paid into the General Fund of Incorporated Municipalities with independent school districts located therein, between the General Fund of such Incorporated Municipalities and the Independent School District within such Municipality in the proportion the millage rate levied for school purposed by such municipality bears to the total millage rate levied for all purposes by such municipality applicable to real and tangible personal property similarly located, 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 11 (d) of the Act of the General Assembly of Georgia approved December 27th, 1937 (Ga. Laws 1937-1938, p. 167), be, and the same is, hereby amended, by adding at the end of said sub-section (d) of said Section 11, the following provision, to-wit: Ga. Laws 1937-38 p. 167 amended. Provided, that the revenue derived from taxes on intangible personal property now paid in the General Fund of Incorporated Municipalities having Independent School Districts located therein, and for the support of

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which a tax is levied by the Municipality, shall be divided between the General Fund of said Incorporated Municipality and the Independent School District within such Municipality, in the proportion that the millage rate levied for school purposes by such municipality bears to the total millage rate levied for all purposes by such municipality applicable to real and tangible personal property similarly situated, so that said Section 11 (d), when thus amended, shall read as follows: Division of revenue. (d) Revenue derived from taxes on intangible personal property the taxable situs of which is within a county having a countywide school system, shall be divided between the State, County General Fund, County School Fund, and the Municipal General Fund in the proportion that the millage rate for State purposes, for county purposes, for County School purposes, and for municipal purposes respectively bear to the grand total millage rate for all purposes applicable to real and tangible personal property similarly located; To read. Provided, that the revenue derived from taxes on intangible personal property now paid into the General Fund of Incorporated Municipalities having Independent School Districts located therein, and for the support of which a tax is levied by the Municipality, shall be divided between the General Fund of said Incorporated Municipality and the Independent School District within such municipality, in the proportion that the millage rate levied for school purposes by such municipality bears to the total millage rate levied for all purposes by such municipality applicable to real and tangible personal property similarly situated. 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 17, 1943.

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INCOME TAXESACCELERATED AMORTIZATION OF EMERGENCY FACILITIES. No. 400. An Act to authorize accelerated amortization of emergency facilities in computing income taxes to the State of Georgia at the same rate as allowed by the Government of the United States in computing federal income taxes; to restrict such amortization to the amount allowed by the federal government; to define emergency facilities; to authorize the Commissioner of Revenue to pay refunds on taxes accruing during the calendar years 1940, 1941, and 1942; to provide that such amortization shall be construed in conjunction with the laws of Georgia relating to apportionment of income in proper instances, and for other purposes. Be it enacted by the General Assembly of Georgia: Emergency Facilities defined. Section 1. That for the purposes of this Act emergency facilities shall be construed to mean property, both real and personal, built, bought, or acquired subsequent to December 31, 1939, and which properties have been construed by the authorities of the United States Government to come within that class of property or facilities included in the federal statute allowing accelerated amortization of facilities used primarily for war purposes, and for which facilities the certificate of approval required under the federal statute has been issued by the Secretary of War or the Secretary of the Navy. Section 2. From and after the passage of this Act and its approval by the Governor, any taxpayer shall be allowed to deduct from gross income in computing net taxable income amortization of emergency facilities in the same amount and for the same period of time as is allowed the same taxpayer by the federal authorities in computing federal

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income taxes when such taxpayer shall have applied for and obtained the certificate of approval as to such amortization on federal income taxes from the Secretary of War or from the Secretary of the Navy. This deduction shall apply only to emergency facilities as herein defined. As to any facility on which such accelerated amortization shall apply and shall be claimed and allowed, no other or further amortization or depreciation shall be deducted by such taxpayer during the same period for which such accelerated amortization is allowed. Allowance. Section 3. Be it further enacted by the authority aforesaid that the operation of this statute and the computations of allowances provided herein shall be restricted in their use and effect solely to the computation of income taxes due the State of Georgia, and provided further that after any taxpayer shall have recovered or restored through the amortization provided by this Act the net depreciated cost of such facility as of December 31, 1939, or any date subsequent to such date, no further amortization or depreciation as to such facilities shall be allowed such taxpayer. Provided, further, that the accelerated amortization allowed herein does not and shall not be construed to change, alter or amend in any way the allocation and apportionment statutes of this State as to income earned or derived from sources within and without the State of Georgia. Allowance Restricted. Section 4. Be it further enacted by the authority aforesaid that any taxpayer who does not owe the State of Georgia any taxes accruing prior to March 16, 1940, who shall have made a return and paid taxes which would be affected by the other terms of this statute, shall make an amended return and a claim for a refund, in the form required by the Department of Revenue of the State of Georgia, and upon approval of such claim by the Commissioner of Revenue, such refund to such taxpayer shall be

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paid as refunds on income taxes are now paid by the Office of said Commissioner. Claim for refund. Section 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith, are hereby repealed. Approved March 19, 1943. INCOME TAX RETURNSVERIFICATION DISPENSED WITH. No. 437. An Act to provide that no income tax return made to the State of Georgia on any date subsequent to the passage of this Act shall be required to be verified by the taxpayer before such filing; to provide that all penalties heretofore provided for the filing of a false or fraudulent verified return shall relate equally to the filing of an unverified return, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act no income tax return made to the State of Georgia shall be required to be verified under the oath of such taxpayer before such filing. Verification not required. Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws relating to penalties of any nature imposed upon a taxpayer guilty of making a false or fraudulent return to the State of Georgia shall remain of full force and effect and shall be construed to refer to and include the return filed by such taxpayer whether the same shall or shall not be verified by the oath of such taxpayer. Penalties. Section 3. 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 20, 1943. PERSONAL PROPERTY EXEMPTIONAMENDING ACT. No. 288. An Act to amend an Act entitled, An Act to provide for exemption of taxation to the owner of personal property; to fix the amount of such exemption; to provide for the time and manner of exempting said personal property; to provide for personal property application blanks; to provide for a record of exempted property; to provide penalties for fraudulent acts and for the repeal of existing laws; and for other purposes (Ga. Laws Ex. Sess. 1937-38, pp. 176-179) approved December 14, 1937; by repealing Section 2 of said Act, relating to the time the person seeking said exemption shall file his written application and schedule with the official or the county and/or municipality of his residence, by inserting in lieu thereof a new section, to be known as Section 2, providing that the date for the filing of the application for exemption shall be changed from April 1st to May 1st of the year in which exemption from taxation is sought; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia entitled, An Act to provide for exemption of taxation to the owner of personal property; to fix the amount of such exemption; to provide for the time and manner of exempting said personal property; to provide for personal property application blanks; to provide for a

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record of exempted property; to provide penalties for fraudulent acts and for the repeal of existing laws; and for other purposes (Ga. Laws Ex. Sess. 1937-38, pp. 176-179), approved December 14, 1937, be amended by repealing Section 2 of said Act, which reads as follows: Ga. Laws Ex. Sess. 1937-38 pp. 176-179 amended. Section 2. The exemption of property provided for by this Act shall not be exempted from taxation until and unless the persons seeking said exemption shall on or before April 1st of each year in which the exemption for taxation is sought, file a written application and schedule with the official or the county and/or municipality of his residence charged with the duty of receiving property for taxation for county purposes and/or municipal purposes. Sec. 2 repealed. and inserting in lieu thereof a new section, to be known as Section 2, to read as follows: Section 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the exemption of property provided for by this Act shall not be exempted from taxation until and unless the persons seeking said exemption shall on or before May 1st of each year in which the exemption for taxation is sought, file a written application and schedule with the official or the county and/or municipality of his residence charged with the duty of receiving property for taxation for county purposes and/or municipal purposes. That where the property on which a homestead exemption is claimed is jointly owned by the occupant and others, the occupant or occupants shall be entitled to claim a proportionate exemption of the amount allowed by law in proportion to which the interest of the occupant bears to the total interest of the property. New Sec. 2, to read. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1943.

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TITLE IV. GOVERNMENT ACTS. Adjutant GeneralQualifications. Agricultural and Industrial Development Board. Atlantic States Marine Fisheries Compact. Commissioner of AgricultureTerm of Office. Comptroller GeneralCompensation. Game and Fish Commission Created. Georgia State Guard. Governor Removed from Boards and Departments. GriffinCamp Northern Ceded to. Housing Authorities LawAmendments. Housing AuthoritiesPowers Extended. HousingState Director Created. Industrial Board Abolished. Labor DepartmentCommissioner's Salary Increased. Merit System Established. Military ForcesService Beyond State. Motor Contract CarriersDefinitions. Natural Resources Department AbolishedDivision of Conservation Created. Pardons and Parole Board Created. Public Health DepartmentDirector's Compensation. Public Safety DepartmentAmending Act. Public Welfare Board AbolishedBoard of Social Security Created. Revenue DepartmentCreating Act Amended. Senate Confirmation of Appointments. State Board of HealthAcquisition of Hospitals, Laboratories, etc. State Board of Prisons Established. State Examining BoardsAbolished and Recreated. State Highway Commission Created. State ParksAdvisory Committee. State Planning Board Abolished. State TreasurerCompensation. Treasurer and ComptrollerSuspension Act Repealed.

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ADJUTANT GENERALQUALIFICATIONS. No. 25. An Act to provide the qualifications of the Adjutant General of Georgia; to provide his official residence; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No person shall be eligible to hold the office of Adjutant General unless he holds or has held a commission (Regular or Reserve) in the National Guard of Georgia, or in the Army of the United States, or in the Marine Corps, or in the United States Navy; and shall have served not less than two years in one or more such services, and shall not be less than twenty-five nor more than sixty-four years of age at the time of his appointment. The Adjutant General shall reside in Fulton or an adjacent county thereto, after appointment and shall be available at all hours for emergency duties. Qualifications. Board Created. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 5, 1943. AGRICULTURAL AND INDUSTRIAL DEVELOPMENT BOARD. No. 374. An Act to create and establish a Board to be known as Agricultural and Industrial Board of Georgia: To provide for the appointment and terms of office of a Chairman and Members of the Board; to define its functions and duties; to authorize the establishment of advisory councils, the appointment of committees to aid in the promotion of the development of the State's resources;

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the employment of assistants and of independent agencies for aid and counsel, to provide for the payment of the expenses of the Board, its members and compensation of those employed by said Board; to authorize said Board to advertise and promote the agricultural, industrial, historic, recreational and natural resources facilities and assets of the State; 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: Section 1. A Board known as the Agricultural and Industrial Development Board of Georgia is hereby created. The Board shall consist of 21 members. The members shall be: The Chairman of the Board of Regents of the University System of Georgia or a member of the Board of Regents designated by the Chairman, the State Superintendent of Schools, the Commissioner of Agriculture, The Director of Public Health, The head of the Department of Conservation, The Chairman of the Public Service Commission and 15 citizens from the State at Large appointed by the Governor. In making said appointments the Governor shall select citizens who are fairly representative of the fields of finance, industry, business, agriculture and labor. One of the members shall be appointed Chairman of the Board by the Governor. The Governor shall fill vacancies for unexpired terms by appointment. Section 2. Members of the Board shall not be paid for their services, but may receive compensation for reasonable expenses incurred in the performance of their duties. Compensation. Section 3. The Board shall maintain an office and keep permanent and complete records of its proceedings, meetings, hearings, orders and decisions, and seven (7) members of the Board shall constitute a quorum.

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Section 4. The Board is hereby authorized and empowered to employ a Director who shall be selected with special reference to his executive ability and experience and special training and skill in the promotion of agricultural and industrial resources of the State, and such other persons, technical, clerical or otherwise as may be necessary within the limits of any funds available. Director. Section 5. The Board is hereby authorized and empowered to accept grants from the Federal Government or from the State Government or from any County or Municipal Government and gifts from individuals. Grants accepted. Section 6. The Board is hereby authorized and empowered to engage the services of independent agencies and persons for research work and counsel in the promotion and development of the agricultural and industrial resources of the State. Research. Section 7. Advisory Councils may be created and established throughout the State by the Board, the number and composition of such Councils shall be discretionary with the Board. Advisory Councils. Section 8. It shall be the duty of the Board to: (a) Advise and counsel with and coordinate the efforts and activities of all Departments and agencies of the State and its institutions which are engaged in the assistance or promotion of or planning for the agricultural or industrial development or the natural resources of the State or in the promotion of a program for the public health in Georgia. Duties of Board. (b) To advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of the State to make research and surveys, prepare plans, maps and publish information

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with respect to agricultural, industrial and economic resources, facilities and establishments in the State. (c) To prepare and perfect plans for an ordered and comprehensive development of the State and its resources, to develop long-term policies in relation to agricultural, land and water utilization, flood controls, conservation, land settlement, tree cutting, reforestration, watershed protection, public health, and water supply reservations. (d) To encourage Counties, Cities and Towns and Groups thereof in the development and promotion of the agricultural, industrial and natural resources of the State. Section 9. The expenses and costs of the operation of the Board shall be paid out of any funds contributed from any of the sources hereinbefore mentioned and from any funds approved by the Budget Commission from funds which might be available. Expenses: how paid. Section 10. Said Board shall operate as an Executive Department of the State Government, and all expenditures and disbursements of any sums herein or hereafter appropriated for its expenses and operation shall be approved by the Governor. Section 11. This Act shall become effective immediately upon its passage by the General Assembly and approval by the Governor. Section 12. Be it further enacted that if any section, clause, provision or portion of this Act shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect or invalidate any other section, clause, provision or portion of the Act. Invalid part. Section 13. Be it further enacted that all laws or parts

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of laws in conflict with this Act be and the same are hereby repealed. Approved March 19, 1943. ATLANTIC STATES MARINE FISHERIES COMPACT. No. 452. An Act providing that the State of Georgia may enter into a compact with any one or more of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Florida, and with such other States as may join, to promote the better utilization of the fisheries, marine, shell and anadromous of the Atlantic Seaboard and to create the Atlantic States marine fisheries Commission; Providing for the members of such Commission from the State of Georgia; Providing for the carrying out of said compact; and making an appropriation. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same. Section 1. The Governor of this State is hereby authorized and directed to execute a compact on behalf of the State of Georgia with any one or more of the states of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Florida and with such other states as may enter into the compact, legally joining therein the form substantially as follows: Compact with States.

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ATLANTIC STATES MARINE FISHERIES COMPACT The contracting states solemnly agree: Article I. The purpose of this compact is to promote the better utilization of the fisheries, marine, shell and anadromous, of the Atlantic seaboard by the development of a joint program for the promotion and protection of such fisheries, and by the prevention of the physical waste of the fisheries from any cause. It is not the purpose of this compact to authorize the states joining herein to limit the production of fish or fish products for the purpose of establishing or fixing the price thereof, or creating and perpetuating monopoly. Purpose of compact. Article II. This agreement shall become operative immediately as to those states executing it whenever any two or more of the states of Maine, New Hempshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida have executed it in the form that is in accordance with the laws of the executing state and the Congress has given its consent. Any state contiguous with any of the aforementioned states and riparian upon waters frequented by anadromous fish, flowing into waters under the jurisdiction of any of the aforementioned states, may become a party hereto as hereinafter provided. When operative. Article III. Each State joining herein shall appoint three representatives to a Commisson hereby constituted and designated as the Atlantic States Marine Fisheries Commission. One shall be the executive officer of the administrative

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agency of such state charged with the conservation of the fisheries resources to which this compact pertains or, if there be more than one officer or agency, the official of that state named by the governor thereof. The second shall be a member of the legislature of such state designated by the Commission or Committee on Interstate Cooperation of such State, or if there be none, or if said Commission on Interstate Cooperation cannot constitutionally designate the said member, such legislator shall be designated by the Governor thereof; provided, that if it is constitutionally impossible to appoint a legislator as a commissioner from such state, the second member shall be appointed by the governor of said state in his discretion. The third shall be a citizen who shall have a knowledge of and interest in the marine fisheries problem to be appointed by the governor. This Commission shall be a body corporate with the powers and duties set forth herein. Commission appointed. Article IV. The duty of the said Commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about the conservation and the prevention of the depletion and physical waste of the fisheries, marine, and anadromous, of the Atlantic seaboard. The commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their respective jurisdictions to promote the preservation of those fisheries and their protection against overfishing; waste, depletion or any abuse whatsoever and to assure a continuing yield from the fisheries resources of the aforementioned states. Duties of Commission. To that end the Commission shall draft and, after consultation with the Advisory Committee hereinafter

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authorized, recommend to the governors and legislatures of the various signatory states legislation dealing with the conservation of the marine, shell and anadromous fisheries of the Atlantic seaboard. The Commission shall, more than one month prior to any regular meeting of the legislature in any signatory state, present to the governor of the state its recommendations relating to enactments to be made by the legislature of this compact. Recommend legislation. The Commission shall consult with and advise the pertinent administrative agencies in the states party hereto with regard to problems connected with the fisheries and recommend the adoption of such regulations as it deems advisable. The commission shall have power to recommend to the States party hereto the stocking of the waters of such states with fish and fish eggs or joint stocking by some or all of the states party hereto and when two or more of the states shall jointly stock waters the Commission shall act as the coordinating agency for such stocking. Article V. The Commission shall elect from its number a Chairman and a Vice Chairman and shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry the provisions of this compact into effect and shall fix and determine their duties, qualifications and compensation. Said Commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place but must meet at least once a year. Chairman.

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Article VI. No action shall be taken by the Commission in regard to its general affairs except by the affirmative vote of a majority of the whole number of compacting states present at any meeting. No recommendation shall be made by the Commission in regard to any species of fish except by the affirmative vote of a majority of the compacting states which have an interest in such species. The Commission shall define what shall be an interest. Article VII. The Fish and Wildlife Service of the Department of the Interior of the Government of the United States shall act as the primary research agency of the Atlantic States Marine Fisheries Commission cooperating with the research agencies in each state for that purpose. Representatives of the said Fish and Wildlife Service shall attend the meetings of the Commission. An advisory committee to be representative of the commercial fisherman and the salt water anglers and such other interests of each state as the commission deems advisable shall be established by the Commission as soon as practicable for the purpose of advising the Commission upon such recommendations as it may desire to make. Advisory Committee. Article VIII. When any state other than those named specifically in Article II of this compact become a party thereto for the purpose of conserving its anadromous fish in accordance with the provisions of Article II the participation of such state in the action of the Commission shall be limited to such species of anadromous fish.

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Article IX. Nothing in this compact shall be construed to limit the powers of any signatory state or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any signatory state imposing additional conditions and restrictions, to conserve its fisheries. Article X. Continued absence of representation or of any representative on the Commission from any state party hereto shall be brought to the attention of the Governor thereof. Article XI. The states party hereto agree to make annual appropriations to the support of the Commission in proportion to the primary market value of the products of their fisheries, exclusive of cod and haddock, as recorded in the most recent published reports of the Fish and Wildlife Service of the United States Department of the Interior, provided no state shall contribute less than two hundred dollars per annum and the annual contribution of each state above the minimum shall be figured to the nearest one hundred dollars. Appropriations. The compacting states agree to appropriate initially the annual amounts scheduled below, which amounts are calculated in the manner set forth herein, on the basis of the catch record of 1938. Subsequent budgets shall be recommended by a majority of the Commission and the cost thereof allocated equitably among the states in accordance with their respective interests and submitted to the compacting states.

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SCHEDULE OF INITIAL ANNUAL STATE CONTRIBUTIONS Maine $ 700 New Hampshire 200 Massachusetts 2,300 Rhode Island 300 Connecticut 400 New York 1,300 New Jersey 800 Delaware 200 Maryland 700 Virginia 1,300 North Carolina 600 South Carolina 200 Georgia 200 Florida 1,500 Article XII. This compact shall continue in force and remain binding upon each compacting state until renounced by it. Renunciation of this compact must be preceded by sending six months' notice in writing of intention to withdraw from the compact to the other states party hereto. Section 2. In pursuance of Article III of said compact there shall be three members (hereinafter called commissioners) of the Atlantic States Marine Fisheries Commission (hereinafter called commission) from the State of Georgia. The first commissioner from the State of Georgia shall be the Director of the Department of Game and Fish of the State of Georgia ex-officio, and the term of any such ex-officio commissioner shall terminate at the time he ceases to hold said office of Director of the Department of Game and Fish and his successor as commissioner shall be his successor as Director of the Department of Game and Fish. The second commissioner from the State of Georgia

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shall be a legislator and member of the commission on interstate cooperation of the State of Georgia ex-officio, designated by said commission on interstate cooperation, and the term of any such ex-officio commissioner shall terminate at the time he ceases to hold said legislative office or said office as commissioner on interstate cooperation, and his successor as commissioner shall be named in like manner. The governor (by and with the advice and consent of the senate) shall appoint a citizen as a third commissioner who shall have a knowledge of and interest in the marine fisheries problem. The term of said commissioner shall be three years and he shall hold office until his successor shall be appointed and qualified. Vacancies occuring in the office of such commissioner from any reason or cause shall be filled by appointment by the governor (by and with the advice and consent of the senate) for the unexpired term. The Director of the Department of Game and Fish as ex-officio commissioner may delegate, from time to time, to any deputy or other subordinate in his department or office, the power to be present and participate, including voting as his representative or substitute at any meeting of or hearing by or other proceeding of the commission. The terms of each of the initial three members shall begin at the date of the appointment of the appointive commissioner, provided the said compact shall have then gone into effect in accordance with Article II of the compact; otherwise they shall begin upon the date upon which said compact shall become effective in accordance with said Article II. Any commissioner may be removed from office by the governor upon charges and after a hearing. Georgia Commissioners. Section 3. There is hereby granted to the commission and the commissioners thereof all the powers provided for in the said compact and all the powers necessary or incidental to the carrying out of said compact in every particular. All officers of the state of Georgia are hereby authorized

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and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of said compact in every particular; it being hereby declared to be the policy of the State of Georgia to perform and carry out the said compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in the state government or administration of the State of Georgia are hereby authorized and directed at convenient times and upon request of the said commission to furnish the said commission with information and data possessed by them or any of them and to aid said commission by loan of personnel or other means lying within their legal rights respectively. Powers of Commissioners. Section 4. Any powers herein granted to the commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said commission by other laws of the State of Georgia or by the laws of the States of Maine, New Hampshire, Massachusetts, Connecticct, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina and Florida or by the Congress or the terms of said compact. Section 5. The commission shall keep accurate accounts of all receipts and disbursements and shall report to the governor and the legislature of the State of Georgia on or before the tenth day of December in each year, setting forth in detail the transactions conducted by it during the 12 months preceding December 1st of that year and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the State of Georgia which may be necessary to carry out the intent and purposes of the compact between the signatory states. Accounts kept. The comptroller of the State of Georgia is hereby authorized

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and empowered from time to time to examine the accounts and books of the commission, including its receipts, disbursements and such other items referring to its financial standing as such comptroller may deem proper and to report the results of such examination to the governor of such state. Section 6. The sum of two hundred dollars ($200.00) per annum, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, for the expenses of the commission created by the compact authorized by this Act. Expenses paid. Section 7. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. Invalid part. Section 8. This Act shall take effect immediately. Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 20, 1943. COMMISSIONER OF AGRICULTURETERM OF OFFICE. No. 18. An Act to make the term of the Commissioner of Agriculture concurrent with that of the Governor; to provide the time for election; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In order to make the term of the Commissioner

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of Agriculture concurrent with that of the Governor and other State House officials, the time for the election of the Commissioner of Agriculture is hereby established as Tuesday after the first Monday in November, 1946, and every four years thereafter. The successful candidate for said office shall take office at the same time and serve for the same term as the Governor. The present Commissioner of Agriculture shall hold office until his successor is elected and qualified. Terms of office. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 4, 1943. COMPTROLLER GENERALCOMPENSATION. No. 22. An Act to fix the salary of the Comptroller General: To repeal An Act of Legislature of February 6, 1941, 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 approval of this Act, the Comptroller General shall receive an annual salary of $6,000.00, payable as now provided by law, and shall not be otherwise compensated for services rendered as Comptroller General or Insurance Commissioner. Salary $6,000.00. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved February 5, 1943.

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GAME AND FISH COMMISSION CREATED. No. 30. An Act to abolish the Division of Wild Life, the Department of Natural Resources, the office of Commissioner of Natural Resources, insofar as they pertain to such Division, the office of Director of Wild Life, and the Inspector of Coastal Fisheries; to create a State Game and Fish Commission, A Director, and Supervisor of Coastal Fisheries, and to provide for their appointment, tenure, compensation, powers and duties; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Division of Wild Life, the Department of Natural Resources, the office of Commissioner of Natural Resources, insofar as the same pertain to such Division, the office of Director of Wild Life, and the Inspector of Coastal Fisheries, as created and established by the Act of the General Assembly, approved March 5, 1937 (Georgia Laws 1937, pages 264-280), are hereby abolished. Department abolished. Section 2. There is hereby created and established a Commission to be known as the State Game and Fish Commission composed of one member from each congressional district in this State, and one additional member from one of the following named counties, to-wit: Chatham, Bryan, Liberty, McIntosh, Glynn or Camden. The member from the 1st congressional district and the member from the eighth congressional district shall not be from any of the six counties named herein. The members of such Commission shall be appointed by the Governor and confirmed by the Senate, and shall hold office until their successors are appointed and qualified. The Governor shall not be a member of such Commission. State Game and Fish Commission created. Section 3. The first members of the State Game and

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Fish Commission appointed hereunder shall hold office as follows: Two for three years; two for four years; two for five years; two for six years; and three for seven years. All of said terms shall date from January 1, 1943. The Governor in making said appointments shall designate the holders of the respective terms. Successors to persons so appointed shall hold terms of office of seven years from the expiration of the previous term. Terms of office. Section 4. Any vacancy shall be filled by appointment of the Governor for the unexpired term, subject to confirmation by the Senate, and any appointment, whether for a full term or to fill a vacancy, made when the Senate is not in session, shall be effective until the same is acted upon by the Senate. Vacancies. Section 5. The control, management, restoration, conservation and regulation of the birds, game, wildlife, fur bearing animals, fresh water fish, salt water fish, shell fish and crustaceans, and the acquisition, establishment, control and management of hatcheries, sanctuaries, refuges, reservations, and all other property now or hereafter owned or used for such purposes by the State of Georgia shall be vested in the State Game and Fish Commission. Section 6. Immediately after appointment, taking the oath of office and qualification, the members of the Commission shall meet at the State Capitol and elect a chairman, and thereafter the Commission shall elect a chairman annually. The members of the Commission, including the chairman, shall each receive seven dollars for each day of actual attendance of meetings of the Commission at the State Capitol, and actual cost of transportation to and from the place of meeting and their respective homes by the nearest practicable route not to exceed five cents per mile, provided that in no one month shall any member receive more than twenty-one dollars compensation for per diem services and/or forty dollars expense, including transportation.

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Such per diem and travel expense shall be paid from funds of the Commission. The Commission shall meet at such times at the State capitol as it may determine and it may convene in call session upon call by the chairman or by a majority of the members of the Commission. Chairman. Compensation. Meetings. Section 7. The State Game and Fish Commission at its first meeting shall appoint a Director, who shall be the executive secretary and administrative officer of the Commission, and have such other powers and duties as may be prescribed by the Commission and by this Act, for all of which duties combined he shall receive a salary to be fixed by the Commission from time to time which in no event shall exceed $5,000.00 per annum, payable monthly, and traveling expenses necessary in the performance of his duties. The Director shall devote his full time to the duties of his office, and when the Commission is not in session the Director shall have power and it shall be his duty to act in all matters as fully as the Commission is authorized, except in those matters where the approval of the Commission is specifically required. He shall take oath of office and give bond in the sum of $10,000.00 in the usual form required of State officials. Such Director shall have offices at the State Capitol, which shall also be the office of the Commission. The Director shall hold office at the pleasure of the Commission. No member of the Commission during his tenure of office or within two years thereafter shall be eligible for appointment as Director or for any employment under the Commission or the Director. Director. Salary. Bond. Section 8. The Director, with the approval of the Commission, shall appoint a Supervisor of Coastal Fisheries, who shall receive a salary to be fixed by the Commission from time to time, and who shall serve at the pleasure of the Commission. He shall devote his full time to his official duties, and shall take oath and give bond in the sum of $10,000.00 in the usual form required of State officials.

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The Supervisor of Coastal Fisheries shall perform such services in connection with the development and protection of fish, shell fish and crustaceans in the tide-waters of Georgia, and such other duties as may be assigned to him by the Commission and the Director. Supervisor of Coastal Fisheries Salary. Section 9. The Director shall appoint and fix the salaries of such other assistants, protectors, and employees, including a uniformed division to be known as Wildlife Rangers, of such number as may be necessary to carry out the duties assigned to them by the Commission and Director, within funds available to and appropriated therefor, all of whom shall serve at the pleasure of the Director. The Director shall not appoint any persons as assistants, protectors, employees, including wild life rangers, related by blood or marriage in a degree closer than third cousins to the director or members of the Commission. Salaries of employees. Section 10. All funds resulting from the operation of the Commission and from the administration of the laws and regulations pertaining to birds, game, fur bearing animals, wildlife, fish, shell fish, crustaceans and coastal fisheries, together with all money collected or derived from licenses or special taxes pertaining thereto and any other funds specifically provided for such purposes, shall constitute the State Game and Fish Commission Fund and shall be used by the Commission for its operation and as it may deem proper in carrying out the provisions of this Act and for no other purpose. Such funds, fees and special taxes are hereby specifically allocated and appropriated to the State Game and Fish Commission, provided such specific allocations and appropriations may, for any period covered by a lump sum appropriation in a General Appropriations Act for the State Game and Fish Commission in lieu of specific allocations and appropriations, be superseded by such lump sum appropriation only when the same shall at least equal the total sum of such funds, fees and special taxes for the immediately

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preceding similar calendar period and shall provide for adjustment and payment to the Commission out of the emergency fund, immediately after the same can be ascertained, during the General Appropriations Act period or State fiscal year, whichever may be the shorter period, for any difference between such funds, fees, licenses and special taxes which are actually collected and the lump sum appropriated. Use of funds. Section 11. The State of Georgia hereby assents to the provisions of the Act of Congress entitled An Act to provide that the United States shall aid the State in wildlife restoration projects, and for other purposes, approved September 2, 1937 (Public Number 415, 75th Congress, Title 16, Chapter 5 B United States Code, Annotated). The State Game and Fish Commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the establishment and conduct of cooperative wildlife restoration projects as defined in the said Act of Congress, in compliance therewith and rules and regulations promulgated by the Federal agency authorized thereunder. The State Game and Fish Commission shall have authority to do all things necessary in cooperation with all agencies of the United States Government in connection with propagation, restoration and protection of wildlife, fish, shell fish, and crustaceans in this State. Federal aid. Section 12. The Director, with the approval of the Commission, shall have power to fix bag limits and to fix open and closed seasons, on a state-wide, regional or local basis, as they may find to be appropriate, and to regulate the manner and method of taking, transporting, storing and using birds, game, fur bearing animals, fish, shell fish, crustaceans, reptiles and amphibians, by rules and regulations, provided that the Director shall post at the Court House door of the County or counties that will be affected a complete copy of such rule or regulation certified by him and also file an

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additional certified copy thereof in the office of the ordinary of the county or counties affected, at least thirty days before the effective date of such rule or regulation. Bag limits. Section 13. The Director, with the approval of the Commission, shall have power to adopt all rules, regulations and methods of administration necessary for the efficient operation of the Commission as therein created and established. Rules and regulations. Section 14. The State Game and Fish Commission, with the Director, provided for by this Act, shall have the powers and duties vested in the Division of Wild Life, the Department of Natural Resources, the Commissioner of Natural Resources, the Director of Wild Life, and the Inspector of Coastal Fisheries, insofar as they pertain to such Divisions of Wild Life which are not inconsistent with this Act. Powers and duties. Section 15. Nothing contained in this Act shall be construed as repealing any laws relating to birds, game, wild-life, fur bearing animals, fresh water fish, salt water fish, shell fish or crustaceans, for the regulation, protection, conservation, license or taxation thereof or penalties for violations thereof, which are not inconsistent with this Act; and none of such laws which the Director, with the approval of the Commission, may have power by this Act to change, modify or supersede by rule or regulation shall be so changed, modified or superseded unless and until such change is effected by rule or regulation which is adopted, promulgated and posted as provided by this Act. Section 16. Nothing herein contained shall authorize said Commission to collect a license tax, or fee from any person for hunting, or fishing on his own lands. Private lands. Private ponds. Section 17. Nothing herein contained shall grant, or give to said Commission power and authority over strictly private ponds. Section 18. All appropriations heretofore made to the

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Division of Wild Life and the Department of Natural Resources pertaining to such Division, and now unused, are hereby transferred to the State Game and Fish Commission. Appropriations transferred. Section 19. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. Section 20. Any person who shall violate any of the rules and regulations promulgated by the Director, with the approval of the Commission, under the authority herein granted shall be guilty of a misdemeanor, and punished as provided by the law of Georgia in cases of misdemeanors. Penalty for violations. Section 21. This Act shall become effective upon its passage by the General Assembly and approval by the Governor. Section 22. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 8, 1943. GEORGIA STATE GUARD. No. 262. An Act to create a Georgia State Guard during such time as any of the National Guard is in active Federal service; to provide for the organization, training, discipline, pay and discharge thereof and rules and regulations necessary thereto; to provide the Governor with authority to disband or de-mobilize said Guard; to provide for conscription; to provide for members of said Guard to be employed by individuals, municipalities, and corporations;

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to provide for the members of said Guard to secure group life, accident and hospitalization insurance and to have all rights, privileges and immunities authorized by law for the National Guard under the National Defense Act as applicable to State Guard organizations; to make available to said Guard, all property and equipment of the State; to authorize the transfer of all property issued to the present Georgia State Guard to the Georgia State Guard created by this Act; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever any part of the National Guard of this State is in active Federal Service, the Governor, under such regulations as the Secretary of War, or other representative of the War Department may prescribe for discipline and training, is hereby authorized to enlist, organize, maintain, equip, and discipline a volunteer defense force to be composed of as many companies, troops, battalions, units or regiments as in his judgment he may deem proper; such force shall be additional to and distinct from the National Guard and will be known as the Georgia State Guard. Organized by Governor. Section 2. The Governor is hereby authorized to appoint and commission necessary officers for said State Guard; to prescribe rules and regulations not inconsistent with the provisions of this Act, governing the enlistment, organization, administration, pay, equipment, discipline and discharge of the personnel of said force; to requisition from the Secretary of War such arms and equipment as may be secured from the War Department, or procure from other sources the necessary arms and equipment to maintain and equip said Guard; to make available to said Guard the facilities of the State Armories and their equipment and such other State premises and property as may be available, including any premises and property of the Georgia Armory

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Commission, and any property and equipment of the Department of Public Safety. Officers. Equipment. Armories. Section 3. Each enlistment in the Georgia State Guard shall be for the duration of the National emergency and until the National Guard of said State is available for active service in said State again, and after enlistment, no member shall be released or discharged except by his Commanding Officer, or as otherwise provided in this Act. Enlistments. Section 4. Each and every member joining the Georgia State Guard shall take and subscribe the following oath: I do solemnly swear that I will well and faithfully perform my duties as a member of the Georgia State Guard to the best of my ability, and I do solemnly swear that I will bear true faith and allegiance to the State of Georgia, the Constitution of the United States and the Constitution of Georgia and that I will serve the State of Georgia honestly and faithfully against all enemies, foreign and domestic, and that I will obey the orders of the Governor and the Officers placed over me according to law. Oath. Section 5. It shall be the duty of the members of the Georgia State Guard to obey promptly all orders and instructions issued by the Governor or the officers of the Guard in command thereof. When said Guard or any part thereof is ordered to drill, or is in training or is in active service of the State the appropriate commanding officer shall force the attendance of all officers and enlisted men, and any such officers or enlisted men failing to report or attend without satisfactory excuse, shall be arrested and adjudged by a court-martial, and if convicted shall be deemed and treated as derelict, and dealt with by the commanding officer according to the sentence of such court-martial. All laws applicable to courts-martial for the National

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Guard, shall be and hereby are made to apply to the Georgia State Guard. Duties. Courts-martial. Section 6. No person shall be commissioned or enlisted in such force who is not a resident of the State and a citizen of the United States or who has been expelled or dishonorably discharged from any Military or Naval organization of this State or of another State, or of the United States. Residence. Section 7. The Governor is hereby authorized to call and assign all or any part of the Georgia State Guard to active service for the purpose of resisting invasion, suppressing rebellions, insurrections, riots or threats thereof; to suppress any active, unlawful or threatened violence to persons or property in this State; to authorize the arrest of all persons aiding or abetting therein. Active service. Section 8. The Governor is hereby authorized to call any part of the Georgia State Guard into active service to investigate any act of treason, sabotage or attempted sabotage and to cause the arrest of such persons engaged therein or aiding or abetting therein; to protect life and property in this State in the event of storm, flood, fire, or other emergency or disaster, and when on active duty the commanding officer and his subordinates shall be and they are hereby invested with all the rights, powers, immunities and authority of sheriffs, and of the National Guard and the Army of the United States when on active duty. Section 9. (a) Whenever such forces or any part thereof shall be ordered out for drills, training or active service the Articles of War of the United States applicable to members of the National Guard of this State in relation to courts-martial, their jurisdiction and the limits of punishment and the rules and regulations prescribed thereunder shall be in full force and effect with respect to the Georgia State Guard. U. S. Articles of War.

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(b) No officer or enlisted man of such forces shall be arrested on any warrant, except for treason, while going to, remaining at, or returning from a place where he is ordered to attend for military duty. Every officer and enlisted man of such forces shall, while on active duty, be exempt from service upon any posse comitatus and from jury duty. Exemption from arrest. Section 10. Such Guard shall not be required to serve outside the boundaries of this State except when the Governor of Georgia deems it necessary for the preservation and protection of lives, and property of the State of Georgia, and except that any organization, unit or detachment of such Guard upon order of the Officer in immediate command thereof may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this State into another State until they are apprehended or captured by such organization, unit or detachment or until the military or police forces of the other State or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons; Provided, such other State shall have given authority by law for such entry by such forces of this State. Any such person who shall be apprehended or captured in such other State by an organization, unit or detachment of the Guard of this State shall without necessary delay be surrendered to the military or police forces of the State in which he is taken or to the United States, but such surrender shall not constitute a waiver by this State of its right to extradite or prosecute such person for any crime committed in this State. Service outside State. Section 11. Any military forces, or organization, unit or detachment thereof of another State, who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue such pursuit into this State until the forces of this State or of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons, and they are hereby authorized to arrest

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or capture such persons within this State while in fresh pursuit. Any such person who shall be captured or arrested by the military forces of such other State while in this State shall without unnecessary delay be surrendered to the military or police forces of this State to be dealt with according to law. This section shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful. Pursuit across boundries. Section 12. Nothing in this chapter shall be construed as authorizing such force, or any part thereof, to be called, ordered or in any manner drafted, as such into the military service of the United States except by the consent of the Governor, but no person shall by reason of his enlistment or commission in any such force be exempted from military service under any law of the United States. Draft. Section 13. The Georgia State Guard shall have all privileges, rights, powers, authority and immunities authorized by law for the National Guard and Army of the United States including the right of conscription as set forth in Georgia Code of 1933, Sections 86-201 et seq. 86-201 et seq. Section 14. The Commanding Officer of the Georgia State Guard created by this act shall hold the rank of Colonel and will report directly to the Governor of Georgia as Commander-in-Chief for instructions, orders, and direction as to the use of said Guard in any kind of an emergency. Said Commanding Officers shall be appointed by the Governor. Colonel. Section 15. All District Commanders, District Staff Officers, Unit Commanders and Unit Officers at present commissioned and appointed in the Georgia State Guard will retain their same commission and seniority and they, together, with the enlisted men of the various Districts, shall constitute that part of the Georgia State Guard at the time of the passage of this Act, and all rules, regulations and

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orders pertaining to said Guard now in force and effect shall continue in full force and effect until changed in accordance with this Act. Officers. Section 16. A property and disbursing officer shall be selected and commissioned by the Governor and he shall attend to the care, preservation, safe keeping, repairing and issuing arms, ordnance, accounterments and equipment and all the military property belonging to the State or issued to the State by the Federal Government. He shall also receive and account for all property belonging to the State of Georgia in the possession of the State Guard of this State, and be responsible therefor, under such regulations as may be prescribed by the Governor and the Secretary of War, subject to the approval of the War Department. He shall give bond, the amount of which is to be fixed by the Governor and the premium shall be paid by the State. Property and Disbursing officer. Section 17. The Governor is authorized to direct payment to District and Unit Commanders, of such sums as may be available for the use of said District or Unit Commanders to pay rent, lights, water, postage and other incidental expenses necessary to operate a military organization. Expenses. Section 18. The Commanding Officer of said Guard is hereby authorized to purchase group life, group accident, and group hospitalization insurance contracts, policies or certificates issued to the members of the Georgia State Guard; Provided that the premiums for such contracts, policies or certificates of insurance shall be paid by the members of the Georgia State Guard 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 policy, contract, or certificate of insurance may be made payable to the beneficiary designated by the member of the Georgia State Guard to whom same is issued. Insurance.

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Section 19. When on active duty in an emergency, in case of any enemy attack either by troops or saboteurs, all the resources of the State are made available to the Georgia State Guard and all departments of the State Government in the event of an emergency will co-operate to the fullest extent and be available at the request of the Commanding Officer of the Georgia State Guard. Section 20. By direction of the Governor members of the Georgia State Guard are authorized to be employed by individuals, municipalities and corporations for such guard duty as may be essential to the preservation and protection of its or their property. And when members of the Guard are so employed they shall retain all rights, privileges and immunities, the same as though they were on active duty for the State. Provided, however, that such Guardsmen, when so employed, shall receive from such individual, municipality, or corporation at least the same pay and allowance as is then provided and paid by the State of Georgia to such Guards when on active duty; such compensation shall be in lieu of payment therefor by the State. Guard duty. Section 20-A. That membership in the Georgia State Guard shall not be grounds for deferment from services of the United States armed forces. Section 21. All provisions of the Act of Congress approved June 3, 1916 (32 U. S. C. A., para, 1 et seq., C 134, Stat. 213), and all amendments thereto applicable to the Georgia State Guard, not incorporated herein, are hereby enacted as law of this State as if specifically set forth herein, and in all cases where the provisions of this and those of the Act of Congress approved June 3, 1916, and all amendments thereto, conflict, the provisions of said Act of Congress and all such amendments shall govern. 32 U. S. C. A. par. 1 et seq. C 134, Stat. 213. Section 22. The Governor is hereby empowered to authorize the organization of a Woman's Division of the

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Georgia State Guard, and to prescribe such duties, rules and regulations not inconsistent with the provisions of this Act to govern said Division as he may deem necessary for the efficient operation of same. Woman's Division. Section 23. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications and to this end the provisions of this Act are declared to be severable. Invalid part. Section 24. This Act may be cited as the Georgia State Guard Act, 1943. Section 25. This Act shall take effect immediately after its passage. Section 26. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1943. GOVERNOR REMOVED FROM BOARDS AND DEPARTMENTS. No. 5 An Act to democratize the administration of certain Boards, Departments and Authorities of the State Government by removing the Governor as a member of the following: The Board of Regents of the University System of Georgia, the State Board of Education, the Department of Public Safety, and the State Housing Authority; to provide that such agencies shall function without the Governor as a member and/or chairman; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. That the Governor be, and he is, hereby removed as a member of the following: The Board of Regents of the University System of Georgia, as created and established by Code Section 32-104, as amended by Ga. Laws 1937, pp. 526-527; the State Board of Education, as created and established by Ga. Laws 1917, p. 867; the State Housing Authority, as created and established by Ga. Laws 1941, p. 253; and the Governor is hereby removed as a member and chairman of the Department of Public Safety, as created and established by Ga. Laws 1937, pp. 322-324. 32-104 Removal of Governor from State Boards. Section 2. That in all cases where the Governor is removed as member and/or chairman of the several named agencies set forth in Section 1 of this Act, unless the agency is otherwise reorganized by a special act relating thereto constituting such agency without the Governor as a member or chairman thereof the several named agencies shall continue as an agency with powers as full and complete as to its administration as before the removal of the Governor. In all cases not otherwise provided for by special act relating to the agency from which the Governor is removed as chairman the remaining members of the agency shall elect a chairman, who shall have such powers and duties as the Governor heretofore exercised in such agency. Chairmen. Section 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved January 25, 1943. GRIFFINCAMP NORTHERN CEDED TO. No. 286 An Act to cede and convey to the City of Griffin, in Spalding County, Georgia, the fee simple title to the tract of land

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known as Camp Northern, in said County, which had been donated to the State as an annual encampment for the Georgia Volunteers in 1893; and for other purposes. Whereas, the citizens of Griffin, in the County of Spalding, did on the 5th day of January, 1893, donate to the State of Georgia a certain tract of land located in said County of Spalding, to be used as a permanent camp site for the annual encampment of the Georgia Volunteers, as provided in an Act of the General Assembly approved October 17th, 1891, (Acts 1891, page 198) said tract of land known as Camp Northern, is more fully described as follows: All that certain tract and parcel of land which lies and is situated near the City of Griffin in Spalding County, Georgia, known as the Drake Place containing One hundred and three (103) Acres more or less, being parts of land lots number one hundred and forty-two (142) and one hundred and forty-three in the Second District of said County, said tract of land being bounded on the North by The Georgia Midland Gulf Railroad, on the South by lands of R. P. McWilliams and the Griffin Water Company, on the East by a small stream and is the land heretofore conveyed by Mrs. H. D. Drake to the South Side Park Company and more fully identified and described in the deed from Mrs. Drake to said Company. And Preabmble. Whereas, the State of Georgia has abandoned the policy of holding State encampments for many years, and has no use whatever for the said grounds donated by the said citizens of Griffin. And Whereas, the General Assembly by an Act approved August 14th, 1909, ceded to the City of Griffin the perpetual right to the possession of said Camp Northern, and the right perpetually to use and enjoy the same for park or other public purposes, except that in the event of war, the State reserved the right to use and occupy said property for

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military purposes, but provided that in no other event will it interfere with the possession and use of said property by the City of Griffin. (Acts 1909, page 934). And Whereas, it appears that the State of Georgia will have no further use for said property, it being wholly unfit for military purposes, in the event of war, and that said property should be returned to the donors. Therefore, be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the State of Georgia reserving only the right of eminent domain, hereby cedes and quit claims to the City of Griffin the fee simple title to all of said tract of land, provided, that the City of Griffin and its Board of Commissioners shall have no power or authority to grant, sell or convey the land described herein or any part thereof, until the grant or sale shall have been ratified by majority vote of the qualified voters of said City voting in an election especially called for said purpose. A notice of said election shall be published in the official gazette in and for Spalding County once a week for four (4) successive weeks, next preceding said election date, stating the time and place for said election and the purpose for which the same is to be held. Referendum. Section 2. That the police authority and jurisdiction of the City of Griffin is hereby extended over the territory hereby ceded and conveyed; and jurisdiction of violation of the municipal ordinances of the City of Griffin is hereby vested in the criminal court of the City of Griffin. Police authority. Section 3. That all laws or parts of laws in conflict herewith are hereby repealed. Approved March 11, 1943.

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HOUSING AUTHORITIES LAWAMENDMENTS No. 54 An Act to amend the Act entitled Housing Authorities Law, approved March 30, 1937, Georgia Laws of 1937, pages 210-230 (as amended by an Act approved March 23, 1939, Georgia Laws of 1939, pages 112-122, and as amended by an Act approved March 23, 1939, Georgia Laws of 1939, pages 124-125), by amending Subsections (a), (b), (d) and (f) of Section 3 thereof, by amending Sections 4, 5, 7 and 11 thereof, and by adding thereto 8 new Sections designated Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G and 4H, to redefine authority, housing authority, Mayor, area of operation and city; to authorize the creation and establishment of regional housing authorities by two or more counties and consolidated housing authorities by two or more municipalities; to define the rights, powers and immunities of such authorities and their areas of operation; to provide for the appointment and removal of commissioners of housing authorities and for the approval thereof by the State Director of Housing and to provide for their meetings; to specifically authorize county and regional housing authorities to undertake housing projects for farmers of low income; to authorize certain security for certain obligations of housing authorities; to authorize housing authorities to operate in certain municipalities with their consent and to cooperate with one another; and to confer the powers, duties and obligations of the State Housing Authority Board upon the State Director of Housing. 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 Subsection (a) of Section 3 of the Act entitled Housing

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Authorities Law, approved March 30, 1937, as the same appears in Georgia Laws of 1937, pages 210-230 (as amended by an Act approved March 23, 1939, as the same appears in Georgia Laws of 1939, pages 112-122, and as amended by an Act approved March 23, 1939, as the same appears in Georgia Laws of 1939, pages 124-125), be and the same is hereby amended by striking from said Subsection the words Section 4 of this Act and by inserting in lieu thereof the following words or pursuant to this Housing Authorities Law or any amendments thereto so that said Subsection as amended shall read as follows: Ga. Laws, 1937, pp. 210-230 Amended. (a) `Authority' or `housing authority' shall mean any of the public corporations created by or pursuant to this Housing Authorities Law or any amendments thereto. To read. Section 2. Be it further enacted by the authority aforesaid, that Subsection (b) of Section 3 of said Act entitled Housing Authorities Law is hereby amended by striking from said Subsection the words having population of more than 5,000 inhabitants and by inserting in lieu thereof the following words in the State so that said Subsection as amended shall read as follows: (b) `City' shall mean any city in the State. `County' shall mean any county in the State. `The City' shall mean the particular city for which a particular housing authority is created. `The County' shall mean the particular county for which a particular housing authority is created. Section 3. Be it further enacted by the authority aforesaid, that Subsection (d) of Section 3 of said Act entitled Housing Authorities Law is hereby amended by adding the words or other municipality following the word city in said Subsection so that said Subsection as amended shall read as follows:

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(d) `Mayor' shall mean the Mayor of the city or other municipality or the officer thereof charged with the duties customarily imposed on the Mayor or executive head of the city or other municipality. Section 4. Be it further enacted by the authority aforesaid, that Subsection (f) of Section 3 of said Act entitled Housing Authorities Law is hereby amended by striking from said Subsection the following words and in the case of a housing authority of a county, shall include all of the county except that portion which lies within the territorial boundaries of any city so that said Subsection as amended shall read as follows: (f) `Area of Operation' in the case of a housing authority of a city, shall include such city and the area within 10 miles of the territorial boundaries thereof, but shall not include any area which lies within the territorial boundaries of any other city. Section 5. Be it further enacted by the authority aforesaid, that Section 4 of said Act entitled Housing Authorities Law is hereby amended by adding a new paragraph at the end of said section to read as follows: All of the powers, duties, functions, liabilities and obligations vested in and imposed upon the State Housing Authority Board by this Act or any other provision of law shall be transferred to, vested in and imposed upon the State Director of Housing. New par. Section 5A. The Commissioners of the Authority in any City having a population of 200,000 or more, according to the last or any succeeding Census of the United States, shall be appointed to serve for terms of ten (10) years. The terms of the Commissioners now in office shall be, and they are hereby extended as follows: The Commissioner whose present term expires in 1943 shall hold office until 1953; the Commissioner whose present term expires in 1944 shall hold

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office until 1945; the Commissioner whose present term expires in 1945 shall hold office until 1947; the Commissioner whose present term expires in 1946 shall hold office until 1949; the Commissioner whose present term expires in 1947 shall hold office until 1951. Population. Term of office. Thereafter Commissioners shall be appointed for a term of office of ten (10) years, except that all vacancies shall be filled for the unexpired term. In the event of resignation or death or incapacity of any Commissioner before the expiration of his term, the vacancy for the unexpired term shall be filled by the remaining members of the Board. If there is a tie vote on the selection of a Commissioner for any unexpired term, the Mayor of the City shall be entitled to vote in selecting a Commissioner therefor. Except as herein amended, said Section 5 with respect to the appointment, terms of office, powers and authority of said Commissioners shall remain in force and effect. Section 6. Be it further enacted by the authority aforesaid, that said Act entitled Housing Authorities Law be and the same is hereby amended by adding thereto 8 new Sections designated Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G and 4H, which shall read as follows: New sections. Section 4A. Creation of Regional Housing Authority. If the governing body of each of two or more contiguous counties by resolution declares that there is a need for one housing authority to be created for all of such counties to exercise in such counties powers and other functions prescribed for a regional housing authority, a public body corporate and politic to be known as a regional housing authority shall thereupon exist for all of such counties and exercise its powers and other functions in such counties; and thereupon each county housing authority created for each of such counties shall cease to exist except for the purpose of winding up its affairs and

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executing a deed to the regional housing authority as hereinafter provided; provided that the governing body of a county shall not adopt a resolution as aforesaid if there is a county housing authority created for such county which has any bonds or notes outstanding unless first, all holders of such bonds and notes consent in writing to the substitution of such regional housing authority in lieu of such county housing authority on all such bonds and notes; and second, the commissioners of such county housing authority adopt a resolution consenting to the transfer of all rights, contracts, obligations, and property, real and personal, of such county housing authority to such regional housing authority as hereinafter provided; and provided further that when the above two conditions are complied with and such regional housing authority is created and authorized to exercise its powers and other functions, all rights, contracts, agreements, obligations, and property, real and personal, of such county housing authority shall be in the name of and vest in such regional housing authority, and all obligations of such county housing authority shall be the obligations of such regional housing authority and all rights and remedies of any person against such county housing authority may be asserted, enforced, and prosecuted against such regional housing authority to the same extent as they might have been asserted, enforced, and prosecuted against such county housing authority. Regional Housing Authority Created. When any real property of a county housing authority vests in a regional housing authority as provided above, the county housing authority shall execute a deed of such property to the regional housing authority which thereupon shall file such deed in the office provided for the filing of deeds, provided that nothing contained in this sentence shall affect the vesting of property in the regional housing authority as provided above. Transfer of property to New Authority.

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The governing body of each of two or more contiguous counties shall by resolution declare that there is a need for one regional housing authority to be created for all such counties to exercise in such counties powers and other functions prescribed for a regional housing authority, only if such governing body finds (a) that insanitary or unsafe inhabited dwelling accommodations exist in such county or there is a shortage of safe or sanitary dwelling accommodations in such county available to persons of low income at rentals they can afford and (b) that a regional housing authority would be a more efficient or economical administrative unit than the housing authority of such county. The governing body of a county shall not adopt any resolution authorized by this Section unless a public hearing has first been held. The clerk of such county shall give notice of the time, place, and purpose of the public hearing at least ten days prior to the day on which the hearing is to be held, in a newspaper published in such county, or if there is no newspaper published in such county, then in a newspaper published in the State and having a general circulation in such county. Upon the date fixed for such public hearing an opportunity to be heard shall be granted to all residents of such county and to all other interested persons. In determining whether dwelling accommodations are unsafe or insanitary the governing body of a county shall take into consideration the safety and sanitation of dwellings, the light and air space available to the inhabitants of such dwellings, the degree of over-crowding, the size and arrangement of the rooms and the extent to which conditions exist in such dwellings which endanger life or property by fire or other causes. Public Hearings. In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the

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regional housing authority, the regional housing authority shall be conclusively deemed to have become created as a public body corporate and politic and to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of a resolution by the governing body of each of the counties creating the regional housing authority declaring the need for the regional housing authority. Each such resolution shall be deemed sufficient if it declares that there is need for the regional housing authority and finds in substantially the foregoing terms (no further detail being necessary) that the conditions enumerated above in (a) and (b) exist. A copy of such resolution of the governing body of a county duly certified by the clerk of such county, shall be admissible in evidence in any suit, action, or proceeding. Suits. Section 4B. Area of Operation of County and Regional Housing Authorities. The area of operation of a housing authority created for a county shall include all of the county for which it is created and the area of operation of a regional housing authority shall include all of the counties for which such regional housing authority is created and established; provided that a county or regional housing authority shall not undertake any housing project or projects within the boundaries of any city unless a resolution shall have been adopted by the governing body of such city (and also by any housing authority which shall have been theretofore established and authorized to exercise its powers in such city) declaring that there is a need for the county or regional housing authority to exercise its powers within such city. Area of operation. Section 4C. Commissioners of Regional Housing Authority. The governing body of each county included in a regional housing authority shall appoint, with the consent of the State Director of Housing, one person as

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a commissioner of such authority, and each such commissioner to be first appointed by the governing body of a county may be appointed at or after the time of the adoption of the resolution declaring the need for such regional housing authority. The governing body of each county shall appoint, with the consent of the State Director of Housing, the successors of the commissioner appointed by it. A certificate of the appointment of any such commissioner shall be filed with the clerk of the county, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. Commissioner. If the area of operation of a regional housing authority consists of an even number of counties, the commissioners of the regional housing authority appointed by the governing bodies of such counties shall appoint one additional commissioner whose term of office shall be as herein provided for a commissioner of a regional housing authority. The commissioners of such authority appointed by the governing bodies of such counties shall likewise appoint each person to succeed such additional commissioner; provided that the term of office of such person begins during the terms of office of the commissioners appointing him. A certificate of the appointment of any such additional commissioner of such regional housing authority shall be filed with the other records of the regional housing authority and shall be conclusive evidence of the due and proper appointment of such additional commissioner. Additional Commissioner. The commissioners of a regional housing authority shall be appointed for terms of five years except that all vacancies shall be filled for the unexpired terms. Each commissioner shall hold office until his successor has been appointed and has qualified. For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed, with the consent of the State Director of Housing,

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by the officer or officers (or their successors) appointing such commissioner, but he shall be removed only after he has been given a copy of the charges at least 10 days prior to the hearing thereon and has had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed as required for the certificate of appointment of such commissioner. Terms of office. Removal. The commissioners shall constitute the regional housing authority, and the powers of such authority shall be vested in such commissioners in office from time to time. The commissioners of a regional housing authority shall elect a chairman from among the commissioners and shall have power to select or employ such other officers and employees as the regional housing authority may require. A majority of the commissioners of a regional housing authority shall constitute a quorum of such authority for the purpose of conducting its business and exercising its powers and for all other purposes. Nothing contained in this Housing Authorities law shall be construed to prevent meetings of the commissioners of a housing authority anywhere within the perimeter boundaries of the area of operation of the authority or within any additional area where the housing authority is authorized to undertake a housing project. Chairman. Employees. Section 4D. Powers of Regional Housing Authority. Except as otherwise provided in this Act, a regional housing authority and the commissioners thereof shall, within the area of operation of such regional housing authority, have the same functions, rights, powers, duties, privileges, immunities and limitations provided for housing authorities created for cities or counties and the commissioners of such housing authorities, and all the provisions of law applicable to housing authorities created

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for cities or counties and the commissioners of such authorities shall be applicable to regional housing authorities and the commissioners thereof. Powers. Section 4E. Rural Housing Projects. County housing authorities and regional housing authorities are specifically empowered and authorized to borrow money, accept grants and exercise their other powers to provide housing for farmers of low income. In connection with such projects, any such housing authority may enter into such leases or purchase agreements, accept such conveyances and rent or sell dwellings forming part of such projects to or for farmers of low income, as such housing authority deems necessary in order to assure the achievement of the objective of this Housing Authorities Law. Such leases, agreements or conveyances may include such covenants as the housing authority deems appropriate regarding such dwellings and the tracts of land described in any such instrument, which covenants shall be deemed to run with the land where the housing authority deems it necessary and the parties to such instrument so stipulate. Nothing contained in this Section shall be construed as limiting any other powers of any housing authority. In providing housing for farmers of low income county housing authorities and regional housing authorities shall not be subject to the tenant selection limitations provided in clause (d) of Section 10 of this Housing Authorities Law. Rural Housing Projects. Section 4F. Consolidated Housing Authority. If the governing body of each of two or more municipalities by resolution declares that there is a need for one housing authority for all of such municipalities to exercise in such municipalities the powers and other functions prescribed for a housing authority, a public body corporate and politic to be known as a consolidated housing authority (with such corporate name as it selects) shall thereupon

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exist for all of such municipalities and exercise its powers and other functions within its area of operation (as herein defined), including the power to undertake projects therein; and thereupon any housing authority created for any of such municipalities shall cease to exist except for the purpose of winding up its affairs and executing a deed of its real property to the consolidated housing authority: Provided that the creation of a consolidated housing authority and the finding of need therefor shall be subject to the same provisions and limitations of this Act as are applicable to the creation of a regional housing authority and that all of the provisions of this Act applicable to regional housing authorities and the commissioners thereof; shall be applicable to consolidated housing authorities and the commissioners thereof; provided further that the area of operation of a consolidated housing authority shall include all of the territory within the boundaries of each municipality joining in the creation of such authority together with the territory within ten miles of the boundaries of each such municipality; and provided further that for all such purposes, the term `county' shall be construed as meaning `municipality,' the term `governing body' in Section 4C shall be construed as meaning `Mayor or other executive head of the municipality,' and the terms `county housing authority' and `regional housing authority' shall be construed as meaning `housing authority of the city' and `consolidated housing authority,' respectively, unless a different meaning clearly appears from the context. Consolidating Housing Authority. Powers. Words defined. The governing body of a municipality for which a housing authority has not been created may adopt the above resolution if it first declares that there is a need for a housing authority to function in said municipality, which declaration shall be made in the same manner and subject to the same conditions as the declaration of the

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governing body of a city required by Section 4 of this Housing Authorities Law for the purpose of authorizing a housing authority created for a city to transact business and exercise its powers. Except as otherwise provided herein, a consolidated housing authority and the commissioners thereof shall, within the area of operation of such consolidated housing authority, have the same functions, rights, powers, duties, privileges, immunities and limitations as those provided for housing authorities created for cities, counties, or groups of counties and the commissioners of such housing authorities, in the same manner as though all the provisions of law applicable to housing authorities created for cities, counties or groups of counties were applicable to consolidated housing authorities. Powers. The term `municipality' as used in this Act shall mean any city, town, village or other municipality in the State. Section 4G. Housing Authority Operations in Other Municipalities. In addition to its other powers, a housing authority created for a city may exercise any or all of its powers within the territorial boundaries of any other municipality not included in the area of operation of such housing authority, for the purpose of planning, undertaking, financing, constructing and operating a housing project or projects within such municipality; provided that a resolution shall have been adopted (a) by the governing body of such municipality in which the authority is to exercise its powers and (b) by any housing authority therefore established by such municipality and authorized to exercise its powers therein declaring that there is a need for the housing authority of the aforesaid city to exercise its powers within such municipality. No governing body of a city or other municipality shall adopt such resolution unless it shall have found in

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substantially the following terms: (a) that insanitary or unsafe inhabited dwelling accommodations exist in such municipality or that there is a shortage of safe or sanitary dwelling accommodations in such municipality available to persons of low income at rentals they can afford; and (b) that these conditions can be best remedied through the exercise of the aforesaid city housing authority's powers within the territorial boundaries of such municipality; Provided that such findings shall not have the effect of establishing a housing authority for any such municipality under this Housing Authorities Law nor of thereafter preventing such municipality from establishing a housing authority or joining in the creation of a consolidated housing authority. During the time that, pursuant to these findings, a housing authority has outstanding (or is under contract to issue) any evidences of indebtedness for a project within the city or other municipality, no other housing authority may undertake a project within such municipality without the consent of said housing authority which has such outstanding indebtedness or obligation. A municipality shall have the same powers to furnish financial and other assistance to a housing authority exercising its powers within such municipality under this Section as though the municipality were within the area of operation of such authority. Authority in other cities. Section 4H. Agreement to Sell as Security for Obligations to Federal Government. In any contract or amendatory or superseding contract for a loan and annual contributions heretofore or hereafter entered into between a housing authority and the Federal Government with respect to any housing project undertaken by said housing authority, any such housing authority is authorized to make such covenants (including covenants with holders of bonds issued by such authority for purposes

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of the project involved), and to confer upon the Federal Government such rights and remedies, as said housing authority deems necessary to assure the fulfillment of the purposes for which the project was undertaken. In any such contract, the housing authority may, notwithstanding any other provisions of law, agree to sell and convey the project (including all lands appertaining thereto) to which such contract relates to the Federal Government upon the occurrence of such conditions, or upon such defaults on bonds for which any of the annual contributions provided in said contract are pledged, as may be prescribed in such contract, and at a price (which may include the assumption by the Federal Government of the payment, when due, of the principal of and interest on outstanding bonds of the housing authority issued for purposes of the project involved) determined as prescribed therein and upon such other terms and conditions as are therein provided. Any such housing authority is hereby authorized to enter into such supplementary contracts, and to execute such conveyances, as may be necessary to carry out the provisions hereof. Notwithstanding any other provisions of law, any contracts or supplementary contracts or conveyances made or executed pursuant to the provisions of this paragraph shall not be or constitute a mortgage within the meaning or for the purposes of any of the laws of this State. Loans by Federal Government. Contracts of sale. Not mortgages. Section 7. Be it further enacted by the authority aforesaid, that Sections 5 and 7 of said Act entitled Housing Authorities Law are hereby amended by striking from said Sections the word Governor wherever same appears in said Sections and by inserting in lieu thereof the following words State Director of Housing. Section 8. Be it further enacted by the authority aforesaid, that Section 11 of said Act entitled Housing Authorities Law be and the same is hereby repealed and a new

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Section shall be inserted in lieu thereof to be known as Section 11 and to read as follows: Sec. 11 repealed. Section 11. Cooperation of Authorities. Any two or more authorities may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all of their powers for the purpose of financing (including the issuance of bonds, notes or other obligations and giving security therefor), planning, undertaking, owning, constructing, operating or contracting with respect to a housing project or projects located within the area of operation of any one or more of said authorities. For such purpose an authority may by resolution prescribe and authorize any other housing authority or authorities, so joining or cooperating with it, to act on its behalf with respect to any or all powers. Any authorities joining or cooperating with one another may by resolutions appoint from among the commissioners of such authorities an executive committee with full power to act on behalf of such authorities with respect to any or all of their powers, as prescribed by resolutions of such authorities. New Sec. Section 9. Supplemental Nature of Act. Be it further enacted by the authority aforesaid, that the powers conferred by this Act shall be in addition and supplemental to the powers conferred by any other law. Section 10. Act Controlling. Be it further enacted by the authority aforesaid, that in so far as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling; provided that nothing contained in this Act shall impair the validity of any action or proceedings heretofore taken by housing authorities. Act controlling. Section 11. Severability. Be it further enacted by the authority aforesaid, that notwithstanding any other evidence or legislative intent, it is hereby declared to be the

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controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Invalid parts. Section 12. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 12, 1943. HOUSING AUTHORITIES POWERS EXTENDED. No. 37. An Act to aid the prosecution of the war by authorizing housing authorities to develop or administer projects to provide housing for persons engaged in war industries or activities and to cooperate with the Federal Government in making housing available for such persons; to grant certain powers to public bodies; to make obligations issued for such projects of housing authorities legal investments and security for deposits; and to declare valid all undertakings of housing authorities heretofore issued or entered into relating to such projects. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. The prosecution of the war requires a great migration of persons to engage in war industries and activities and would be jeopardized unless housing is available for such persons. An acute shortage of housing for such persons exists or impends in localities in the State. The Congress of the United States of America has enacted legislation and provided funds to make housing available for such

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persons in localities where an acute shortage of housing exists or impends. It is therefore of vital importance that housing authorities be authorized to develop and administer projects to provide housing for persons engaged or to be engaged in war industries or activities, and to aid and cooperate with the Federal Government in making housing available for such persons. Shortage of housing. Section 2. Any housing authority now or hereafter established pursuant to Act No. 411 of the Laws of 1937, page 210, as amended, (herein called the Housing Authorities Law) may undertake the development or administration, or both, of projects to provide housing for persons engaged or to be engaged in war industries or activities if it finds that an acute shortage of housing for such persons exists or impends in its area of operation or any part thereof and that the necessary housing would not otherwise be provided when needed. In the ownership, development or administration of projects under this Act, a housing authority shall have all the rights, powers, privileges and immunities that it has under any provision of law relating to the ownership, development or administration of low-rent housing and slum clearance projects, in the same manner as though all the provisions of law applicable thereto were applicable to projects developed or administered hereunder; Provided, that a housing authority may, notwithstanding the provisions of other laws, make and agree to make, with respect to any project owned and administered by it under this Act, such payments for services and facilities furnished for such project by the city, county or other political subdivision of the State in which such project is located as may be agreed upon; and provided further, that a project developed or administered under this Act by a housing authority to provide housing for persons engaged or to be engaged in war industries or activities shall not be subject to the limitations provided in Section 10 or in the second sentence of Section

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9 of the Housing Authorities Law. As soon after the termination of the present war as it is found to be practicable, all projects owned and administered by a housing authority under this Act shall be administered for the purposes and in accordance with all the provisions of the Housing Authorities Law. Development of prospects. Services by cities paid for. Section 3. A housing authority may exercise any or all of its powers to aid and cooperate with the Federal Government in making housing available for persons engaged or to be engaged in war industries or activities; may act as agent for the Federal Government in developing and administering projects undertaken by the Federal Government to provide such housing; may lease such projects from the Federal Government; and may arrange with public bodies and private agencies for such services and facilities as may be needed for such projects. Agent for Federal Government. Section 4. With respect to projects undertaken by a housing authority or the Federal Government to provide housing for persons engaged or to be engaged in war industries or activities, any State Public Body, as defined in Act No. 499, Georgia Laws of 1937, pages 697-702, as amended, shall have all the rights and powers to aid and cooperate in the development or administration of such projects that it has under any provision of law relating to its aiding or cooperating in the development or administration of lowrent housing and slum clearance projects, in the same manner as though all the provisions of law applicable thereto were applicable to projects undertaken by a housing authority or by the Federal Government to provide housing for persons engaged or to be engaged in war industries or activities. With respect to projects located outside the territorial boundaries of a State Public Body which are undertaken by a housing authority or the Federal Government to provide housing for persons engaged or to be engaged in war industries or activities, such State Public Body may furnish

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or contract to furnish, upon such terms as it deems advisable, public services or facilities for any such project if the governing body of the city or county, as the case may be, in which such project is located, shall, by resolution, consent thereto. State Public Body, rights and powers. Section 5. Bonds or other obligations issued by a housing authority for a project developed or administered hereunder shall be security for public deposits and legal investments to the same extent and for the same persons, institutions, associations, corporations, bodies and officers as bonds or other obligations issued pursuant to the Housing Authorities Law. Bonds, security. Section 6. Wherever used in this Act, the term persons shall include the families of such persons who are living with them, the term Federal Government shall include any department, agency or instrumentality thereof, and the term city shall mean any city, town or village in the State. The development of a project shall be deemed to have been initiated under this Act if a housing authority has issued any bonds, notes or other obligations to finance the cost thereof. Words defined. Section 7. This Act shall constitute an independent authorization for a housing authority to undertake the development or administration of projects to provide housing for persons engaged or to be engaged in war industries or activities and to cooperate with, or act as agent for, the Federal Government in the development or administration of projects undertaken by the Federal Government to make housing available for such persons. In acting hereunder, a housing authority shall not be subject to any limitations, restrictions or requirements of other laws (except those relating to land acquisition) prescribing or limiting the procedure or action to be taken in the development or administration of any buildings, property or public works, including,

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but not limited to, low-rent housing and slum clearance projects or undertakings or projects of municipal or public corporations or political subdivisions or agencies of the State; provided that nothing contained herein shall be construed as permitting a housing authority to take any action without securing such approval of the State Director of Housing as required by the Housing Authorities Law. A housing authority may do any and all things necessary or desirable to cooperate with, or act as agent for, the Federal Government, or to secure financial aid, for the expeditious development or the administration of projects to make housing available for persons engaged or to be engaged in war industries or activities and to effectuate the purposes of this Act. All powers conferred by this Act shall be in addition and supplemental to the powers conferred by any other law, and nothing contained herein shall be construed as limiting such other powers. Independent housing authority. Powers. Section 8. All bonds, notes, agreements and undertakings of housing authorities heretofore issued or entered into relating to financing or undertaking (including cooperating with, leasing from or acting as agent of the Federal Government in) the development or operation of any project to provide housing for persons engaged in war industries or activities, are hereby validated and declared legal in all respects. Bonds, etc., validated. Section 9. No housing authority shall initiate the development of any housing project under this Act after the termination of the present war. Section 10. Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any persons or circumstances, is held invalid, the remainder of the Act and the application of such provisions to persons or circumstances, other than those as to which it is held invalid, shall not be affected thereby. Invalid parts.

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Section 11. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 12, 1943. HOUSINGSTATE DIRECTOR CREATED. No. 55. An Act to create a State Director of Housing; to provide for appointment thereof; to transfer to such State Director of Housing the powers, duties, functions, obligations and liabilities imposed upon the State Housing Authority Board by the Act approved February 6, 1941, and other provisions of law; to abolish the State Housing Authority Board created under said 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. There is hereby created a State Director of Housing. The State Treasurer shall serve as State Director of Housing without compensation but shall be entitled to receive necessary expenses in connection with the obligations and duties of said office. State Director Created. Section 2. Immediately upon the passage and approval of this Act all the powers, duties, functions, liabilities and obligations vested in and imposed upon the State Housing Authority Board by the Act approved February 6, 1941, entitled An Act to create a State Housing Authority Board; to provide for membership therein; 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

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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, shall be transferred to and thereupon vested in and be imposed upon the State Director of Housing created by this Act who 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 Act. Powers of Housing Authority vested in Director. Section 3. The State Housing Authority Board created by said Act of February 6, 1941, is hereby abolished. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 12, 1943. INDUSTRIAL BOARD ABOLISHED. No. 35. An Act to amend an Act entitled an Act to provide for the establishment of a Department of Labor, etc., approved March 25, 1937, (Georgia Laws, 1937, pages 230-244) and all Acts amendatory thereof by abolishing the present Industrial Board and creating in lieu thereof a State Board of Workmen's Compensation; to define its authority, powers and duties, composition, salaries, etc.; to empower said Board to hear and determine all causes arising under and relating to the Workmen's Compensation Law of this State; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Industrial Board created and established

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under and by virtue of the Act of the General Assembly approved March 25, 1937 (Georgia Laws 1937, pages 230-244) is hereby abolished. The tenures, powers, duties, authorities, perquisites and privileges of the members of the present Industrial Board are likewise abolished in toto. All powers, authorities, duties, privileges, rights and functions of the present Industrial Board are transferred to the State Board of Workmen's Compensation, which said Board is hereby established within the Department of Labor. All references in existing laws to the Industrial Board shall be held to refer to and are hereby referred to the State Board of Workmen's Compensation. Industrial Board abolished. State Board of Workmen's Compensation created. Section 2. All criminal laws providing penalties for violation of any rules set forth in Georgia Laws 1937, pages 230 to 244, and in pages 806 to 829, relating to offenses with reference to the Industrial Board or any member thereof, shall remain of full force and effect, and shall be transferred to and construed to relate to the State Board of Workmen's Compensation or the members thereof. Transfer of authority. Section 3. There is hereby created and established within the Department of Labor a Board to be known as the State Board of Workmen's Compensation, composed of three members who shall be appointed by the Governor for a term of four years, by and with the advice and consent of the Senate, and each member shall hold office until his successor shall have been appointed and qualified. The State Board of Workmen's Compensation shall have all powers, authorities and duties heretofore vested in the Industrial Board for the administration of the Workmen's Compensation Act. The Governor shall appoint one member of said Board as Chairman thereof. Three Members. Powers. Chairman. The Chairman shall be a person who on account of his previous employment, affiliation, or experience shall be classified as capable of representing the public at large. One of

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said two members appointed by the Governor other than the chairman shall be a person who on account of his previous employment, association, or affiliation shall be considered as a representative of employers, and the one remaining member of said Board shall be a person whose previous employment or affiliation has been as a member of a group subject to the provisions of the Workmen's Compensation law as an employee regardless as to whether the employment of such person has been with a person, firm, or corporation actually operating under the Workmen's Compensation Law. All members of said Board, including the Chairman thereof shall, before entering upon the duties of their office, take an oath for the faithful discharge of their duties and shall execute such bond as may be required by the Governor for the protection of the State and those having business before the Board. The expense of such bond to be paid by the State, such bond to be conditioned upon the faithful discharge of the duties of such member of the Board and his faithful accounting for all moneys coming within his custody or control, whether such funds shall be the property of the State of Georgia, or of any other person, firm or corporation. The Chairman of such Board shall receive as compensation for his services the sum of $5,000.00 per year, payable monthly, and each of the two remaining members of said Board shall receive a scompensation for their services the sum of $5,000.00 per year, payable monthly. Qualifications of members. Bond. Salary. Section 4. The State Board of Workmen's Compensation shall exercise all powers and perform all the duties relating to the enforcement of the Workmen's Compensation law, which are now vested in and exercised or performed by the Industrial Board. The State Workmen's Compensation Board is hereby empowered and authorized to and shall adopt proper rules of procedure to govern the exercise of its functions and of hearings before the Board or any of its

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members. The directors of the State Workmen's Compensation Board shall be entitled to receive from the State their necessary and actual expenses for traveling on business of the Department, either within or without the State of Georgia, and such expenses shall be paid by the State in the same manner as other similar expense are paid. Powers and duties. Traveling expensis. Section 5. The Authority of the Commissioner of Labor with relation to the business of the State Board of Workmen's Compensation shall be advisory only, and he shall not be authorized to remove from office any member or employee of that Board, or to exercise any authority over the members of such Board, or any employees thereof, as such authority is hereby vested exclusively in the members of such Board. Section 6. All records, documents, appropriations, or other things relating to the business of the Industrial Board be and the same are hereby transferred and assigned to the State Board of Workmen's Compensation. Records transferred. Section 7. Nothing contained in this Act shall apply to any railroad company the principal motive power of which is steam, or to the employees of any such railroad company. Section 8. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 8, 1943. LABOR DEPARTMENTCOMMISSIONER'S SALARY INCREASED. No. 199. An Act to amend an Act entitled An Act to Provide for the Establishment of the Department of Labor, approved March 25, 1937 (Georgia Laws 1937, p. 230 et. seq.)

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by adjusting and fixing the salary of the Commissioner; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that an Act approved March 25, 1937, establishing the Department of Labor of the State of Georgia be and the same is amended in the following particulars: By striking the words and figures `five thousand ($5,000.00)' and wherever the same occur in Section 4 of said Act, and inserting in lieu thereof the words and figures `six thousand ($6,000.00).' Salary $6,000.00. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, repealed. Approved March 2, 1943. MERIT SYSTEM ESTABLISHED. No. 20. An Act to authorize the establishment of a merit system of personnel administration to include the employees of the State Department of Labor, Public Welfare, or Health or any of them; to authorize the establishment of a Merit System Council; to fix the terms of the members thereof, their compensation and duties, to authorize the Council to issue rules and regulations and to take over departmental merit systems in the State Departments of Health, Labor, or Public Welfare or any of them, to preserve the merit status of persons presently governed under departmental merit systems, to provide for appeals in case of dismissals and authorize the Merit System Council to issue decisions upon such appeals which shall be binding upon the heads of the departments affected hereby; to provide that violation of this Act or rules and regulations issued thereunder shall be punished as misdemeanors;

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and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. (a) That there is authorized to be created and established a merit system of personnel administration covering the employees of the State and County Departments of Health, the State and County Departments of Public Welfare, (other than employees of eleemosynary institutions, and County Welfare Board members) and/or the Bureau of Unemployment Compensation of the State Department of Labor. Merit system to be created. (b) The Governor shall be authorized in his discretion to order the creation of such merit system by Executive Order. Such order shall specify the department or departments above enumerated which shall be covered by said system and the effective date of said system in each department so covered. (c) Pending the issuance of such Executive Order by the Governor and pending the effective date of the system as specified in said order by the Governor, the departmental merit system heretofore established in each of said State departments shall be of full force and effect. (d) The Executive Order of the Governor may provide that the departments affected thereby shall transfer to the Merit System Council hereinafter created all books, records, registers, equipment, and other property heretofore made available for the operation of its departmental merit system. Section 2. (a) Establishment of Merit System Council. The Governor is hereby authorized to establish a Merit System Council. Such Council as established by the Governor shall be composed of three citizens of this State of known interest in the improvement of public administration

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and in the impartial selection of efficient personnel by the governmental departments of this State. Council. (b) Terms. Members of the Merit System Council shall be selected for terms of five years each, except that the initial appointments shall be for terms of one, three and five years, respectively. The Governor shall designate one member of the Council as its Chairman. Terms. (c) Qualifications and Removal. No member of the Merit System Council may be removed from office prior to the expiration of his term except for cause and after being served with a written copy of charges and being given an opportunity for a public hearing before the Governor. No member of the Merit System Council shall have held political office, or have been an officer of a political party during the twelve months preceding his appointment, nor shall any member of the Council hold political or party office during his term. No member of the Council shall have been a salaried employee of any of the departments covered by this Act during the twelve months preceding his appointment. Qualifications and removal. (d) Compensation. Members of the Merit System Council shall receive no salary but shall be paid $7.00 per diem for time actually devoted to the business of the Council, not exceeding sixty days in any calendar year, and reimbursement for necessary travel expense. Per diem. Section 3. Functions and Duties of the Merit System Council. The Merit System Council shall hold regular meetings at least once each month and may hold such additional meetings as may be required for the proper discharge of its duties. It shall be the duty and the function of the Merit System Council: Meetings. (a) To represent the public interest in the improvement of personnel administration in the aforementioned State departments.

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(b) After public hearings to adopt and amend rules and regulations effectuating the merit system of personnel administration which may be established under this Act. Such rules and regulations shall include provision for the establishment and maintenance of classification and compensation plans, the conduct of examinations and the establishment of registers of persons eligible for appointment under the merit system, the certification of eligible persons, appointments, promotions, transfers, demotions, separation, Tenure, reinstatement, appeals, service ratings, payroll certification and other phases of merit system administration. Such rules and regulations shall prohibit political activity by any departmental employee of the Merit System Council or any employee covered under the terms of the merit system and shall provide that there shall be no discrimination against any person or employee because of political or religious affiliations. Such rules and regulations when approved by the Governor shall have the force and effect of law and shall be binding upon the State departments enumerated in the Governor's Executive Order creating the Merit System Council. Rules and regulations. The rules and regulations issued by the Merit System Council hereunder shall conform to the minimum standards for systems of personnel administration issued by the Social Security Board under the Federal Social Security Act and such other personnel standards as have been specified by the other Federal departments from which Federal grants are obtained for use by the several State departments covered by this Act and the Governor's Executive Order hereunder. Standards. (c) To select, fix the compensation of, appoint as a result of competitive examination, and prescribe the duties of a Merit System Director. Provided, however, that pending the establishment of a list of persons eligible for appointment to the position of Merit System Director the Council

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may temporarily appoint some qualified person to act in this position. Director; compensation. (d) To authorize the selection, fix the duties and compensation of all other employees of the Merit System Council. Such employees shall be employed under and be covered by the merit system established under this Act. Employees. (e) To establish after consultation with the heads of the several State departments specified in the Governor's Executive Order as provided in Section 1 hereof an annual budget covering all the costs of operating the Merit System Council and determine after consultation with said several department heads an equitable basis of prorating said annual costs among the several departments included in the Governor's Executive Order issued under Section 1 hereof. Provided that upon the approval of such budget by the Governor he shall be empowered to direct that the necessary pro rata share of the several departments concerned be made available for expenditure by the Merit System Council in the same manner as appropriated funds are expended by other departments of the State and without the necessity of further approval by the respective departments from whom said funds are to be derived. Provided that nothing contained herein shall be construed to impair the requirements of Section 13 (a) and (b) of the Unemployment Compensation Law of this State. Budget. (f) To conduct hearings and render decisions on charges preferred against persons employed in the several departments which are included in said merit system. Hearings. (g) To promote public understanding of the purposes, policies and practices of the merit system and to advise and assist the Merit System Director and any other State department in fostering merit selection and securing the interest of institutions of learning and of civic, professional

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and other organizations in the improvement of personnel standards under the merit system. Section 4. Dismissal and Hearing. No employee of any department which has been brought under this Act under an Executive Order issued in accordance with Section 1 hereof and who is included under the terms of the rules and regulations prescribed by the Merit System Council may be dismissed from said department except for good cause as shall be specified in the rules and regulations of the Merit System Council. Provided, however, that this provision shall not apply to persons dismissed from any department due to curtailment in funds or reduction in staff. Any employee who is dismissed shall have the right of appeal under the terms of the rules and regulations prescribed by the Merit System Council. The decision of the Council on such an appeal as to whether or not the dismissal was for proper cause and in accordance with the rules and regulations prescribed by the Council shall be bindings upon the Commissioner or Director of the department dismissing such employee. Such Commissioner or Director shall promptly comply with such order as may be issued as a result of the appeal by the Merit System Council. Dismissal of employees. Appeal. Section 5. Preservation of status of employee covered under departmental merit systems. An employee of a department of this State which has been brought under this Act by virtue of an Executive Order issued under Section 1 hereof, who has acquired a valid permanent status in conformity with the rules and regulations of a presently existing departmental merit system shall be entitled to the same status under the system created by this Act and shall not be required to take a new examination in order to retain his position or status. Provided, however, that this provision shall not be applicable to the status obtained by an employee under a departmental merit system unless the standards of said departmental system are found by the Merit System

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Council to be substantially comparable to the standards established for the merit system which may be created under this Act. Status of employee presenved. Section 6. Penalties. (a) Any person who wilfully violates any provision of this Act or the rules and regulations properly issued hereunder shall be guilty of a misdemeanor. Penalty. (b) Any person who is convicted of a misdemeanor under the foregoing section of this Act shall, for a period of five years thereafter, be ineligible for appointment to, or employment in, a position in the State service. Section 7. Be it further enacted by the authority of the aforesaid that all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 4, 1943. MILITARY FORCESSERVICE BEYOND STATE. No. 253. An Act providing for fresh pursuit by military forces and authorizing this State to cooperate with other States therein; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Use Without this State. No military forces of this State other than the National Guard (and the Naval Militia) shall be required to serve outside the boundaries of this State except: Service outside State. (A) Upon the request of the Governor of another State, the Governor of this State may, in his discretion, order any portion or all of such forces to assist the military or police

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forces of such other State who are actually engaged in defending such other State. Such forces may be recalled by the Governor at his discretion. (B) Any organization, unit or detachment of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this State into another State until they are apprehended or captured by such organization, unit or detachment or until the military or police forces of the other State or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons: Provided, such other State shall have given authority by law for such pursuit by such forces of this State. Any such person who shall be apprehended or captured in such other State by an organization, unit or detachment of the forces of this State shall without unnecessary delay be surrendered to the military or police forces of the State in which he is taken or to the United States, but such surrender shall not constitute a waiver by this State of its right to extradite or prosecute such person for any crime committed in this State. Pursuit beyond State. Section 2. Permission to Forces of Other States. Any military forces or organization, unit or detachment thereof of another State who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue such pursuit into this State until the military or police forces of this State or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons and are hereby authorized to arrest or capture such persons within this State while in fresh pursuit. Any such person who shall be captured or arrested by the military forces of such other state while in this State shall without unnecessary delay be surrendered to the military or police forces of this State to be dealt with according

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to law. This section shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful. Pursuit into this State. Section. Severability. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application, and to this end the provisions of this act are declared to be severable. Invalid part. Section 4. Repeal. All laws and parts of laws inconsistent with the provisions of this act are hereby repealed. Approved March 4, 1943. MOTOR CONTRACT CARRIERSDEFINITIONS. 68-502. No. 128. An Act to amend Section 68-502 of the 1933 Code of Georgia, as amended by an Act of the General Assembly of 1939 (Ga. Laws 1939, pp. 207-209), by inserting a new paragraph between subsections (2) and (3) thereof, to be designated as subsection (2a) so as to provide that the term motor Carrier shall not include motor vehicles engaged in the transportation of peanuts in the shell and peaches; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 68-502 of the 1933 Code of Georgia, as amended by an Act of the General Assembly of 1939 (Ga. Laws 1939, pp. 207-209), be amended by inserting a new paragraph between subsections (2) and (3) thereof, to be designated as subsection (2a) so as to provide that the term motor Carrier shall not include motor vehicles engaged in the transportation of peanuts in the

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shell and peaches, and to read as follows: 68-502 amended. (2a) Motor vehicles engaged in the transportation of peanuts in the shell and peaches, whether such motor vehicle is owned by the producer or owner of such peanuts and peaches or by any other person: Provided, such vehicles do not haul or transport other commodities not exempt by law from the regulations of the Public Service Commission. To read. Section 2. All laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 22, 1943. NATURAL RESOURCES DEPARTMENT ABOLISHEDDIVISION OF CONSERVATION CREATED. No. 125. An Act to abolish the Department of Natural Resources, together with the subdivisions of said Department known as the Division of Forestry, the Division of Wild Life, the Division of Mines, Mining, and Geology, the Division of State Parks, Historic Sites, and Monuments, and the office of Commissioner of Natural Resources, and the office of Director of each of the subdivisions of said Department; to create, within the Executive Department, a State Division of Conservation and to provide the powers and duties thereof; to provide that the highest executive officer of the Executive Department shall be ex-officio Commissioner of Conservation and to provide his powers and duties; to create, under the State Division of Conservation and within the Executive Department, the Department of Forestry, the Department of Mines,

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Mining, and Geology, and the Department of State Parks, Historic Sites, and Monuments and to provide for a Director of each of such Departments, qualifications, appointment, term of office, removal, compensation, powers and duties; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Department of Natural Resources, together with the subdivisions of said Department known as the Division of Forestry, Division of Wild Life, Division of Mines, Mining, and Geology, and the Division of State Parks, Historic Sites, and Monuments, and the office of Commissioner of Natural Resources, and the office of Director of each of the said named subdivisions of said Department created and established by an Act approved March 5, 1937 (Georgia Laws 1937, pages 264-280, and laws amendatory thereof) are hereby abolished. Abolished. Section 2. There is hereby created within the Executive Department of Georgia a division to be known as the State Division of Conservation which shall be under the control and management of the highest executive officer of the Executive Department of Georgia, by whatever name called, who shall be ex-officio Commissioner of Conservation. The Division of Conservation, hereby created, shall have all the powers and duties heretofore vested in the Department of Natural Resources except those concerning or connected with the Division of Wild Life. Such Commissioner of Conservation, hereby created, shall have all the powers and duties heretofore vested in the Commissioner of Natural Resources except those concerning or connected with the Division of Wild Life. The Commissioner of Conservation shall perform the duties of such Division without any additional salary to that he receives as highest executive officer of the Executive Department of Georgia. All powers and duties conferred by this Act upon the highest executive

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officer of the Executive Department of Georgia, by whatever name called, as ex-officio Commissioner of Conservation, shall be in addition to and cumulative of the powers and duties of such official as now provided by law or as hereafter may be provided by law. Division of Conservation Created. Section 3. There is hereby created under the State Division of Conservation within the Executive Department of Georgia three departments to be known as follows: 1. The Department of Forestry 2. The Department of Mines, Mining, and Geology 3. The Department of State Parks, Historic Sites, and Monuments The Department of Forestry shall have all the powers and duties heretofore vested in the Division of Forestry. The Department of Mines, Mining, and Geology shall have all the powers and duties heretofore vested in the Division of Mines, Mining, and Geology. The Department of State Parts, Historic Sites, and Monuments shall have all the powers and duties heretofore vested in the Division of State Parks, Historic Sites, and Monuments. The powers and duties hereby transferred shall be all those powers and duties not inconsistent with this Act. Powers and duties. Section 4. The Governor shall appoint, by and with the advice and consent of the Senate, a Director of the Department of Forestry, a Director of the Department of Mines, Mining, and Geology, and a Director of the Department of State Parks, Historic Sites, and Monuments. The first term of each such Director shall end December 31, 1946. Succeeding appointments, except to fill vacancies, shall be for terms of four years each. Such Directors shall serve for the terms for which they are appointed, and until their successors are appointed and qualified. All appointments

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hereunder shall be effective ad interim until the same shall be passed on by the Senate. Directors. Section 5. The Directors shall receive a salary of $4,000.00 per year, payable in equal monthly installments. Salary. Section 6. Each Director shall subscribe to an oath to be administered by the Governor before assuming his official duties and shall also execute an official bond in an amount to be fixed by the Governor, prior to assuming his official duties. Oath. Bond. Section 7. A Director may be removed for cause based on written charges and specifications to which he must be given full opportunity to reply. The hearing to be before a Board composed of the ex-officio Commissioner of Conservation, the head of the Forestry School at Athens, Georgia, and the head of the Georgia School of Technology. A written report of their findings shall be filed with the Governor, and their decision shall be final, and if that decision is in favor of removal, the Governor shall declare the office vacant and shall immediate appoint a successor. The Director of the Department of Forestry shall possess all the qualifications and have all the powers and duties heretofore required of or vested in the Director of the Division of Forestry. The Director of the Department of Mines, Mining, and Geology shall possess all the qualifications and have all the powers and duties heretofore required of or vested in the Director of the Division of Mines, Mining, and Geology. The Director of the Department of State Parks, Historic Sites, and Monuments shall possess all the qualifications and have all the powers and duties heretofore required of or vested in the Director of the Division of State Parks, Historic Sites, and Monuments. The qualifications required of such Directors and the powers and duties hereby transferred shall be all such qualifications, powers and duties not inconsistent with this Act. Removal. Qualifications.

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Section 8. Any laws now existing or hereafter enacted by the General Assembly permitting the Executive Department of Georgia to be sued or vouched into court without specific consent of the State, shall not apply to the Division of Conservation or any of the Departments hereunder, unless such law shall specifically so provide. Suits. Section 9. Upon the organization of the State Division of Conservation and the qualification of the Commissioner and Directors, all of the property of the State in the hands of said abolished Department or Divisions shall be transferred to the State Division of Conservation. Property transferred. Section 10. All appropriations made for use of said abolished Department or Division are hereby transferred to the account for use of the State Division of Conservation, to be used by the Commissioner in the handling of the State Division of Conservation: Provided, that no appropriation made to any Department of said Division shall be used by any other Department of said Division, the intent of this Act being that such funds as the General Assembly might desire and direct to be used by one Department shall in no event be used by any other Department of the State Division of Conservation. Appropriations transferred. Section 11. If any section, clause, provision or portion of this Act shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect or invalidate any other section, clause, provision or portion of this Act. Invalid part. Section 12. That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved February 19, 1943.

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PARDONS AND PAROLES BOARD CREATED. No. 19. An Act to create the State Board of Pardons and Paroles; to provide for the appointment, terms of office, compensation, powers and duties of the State Board of Pardons and Paroles; to provide that the power to grant reprieves, pardons and paroles, to commute penalties, to remove disabilities imposed by law, and to remit any part of a sentence for any offense against the State, after conviction, except in cases of treason and impeachment, and except in cases in which the Governor refuses to suspend a sentence of death, shall be exercised by the State Board of Pardons and Paroles; to provide the Governor shall have power to suspend death sentences and sentences in treason cases; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There shall be a State Board of Pardons and Paroles, which shall consist of three members appointed by the Governor, subject to the confirmation of the Senate. Board created. Section 2. The first members shall be appointed for terms of three, five and seven years, respectively, to be designated by the Governor, and at the expiration of said terms their successors shall be appointed for terms of seven years. All of said terms shall date from January 1, 1943. Vacancies shall be filled by appointment by the Governor, subject to the confirmation of the Senate, for unexpired terms. Appointments made at times when the Senate is not in session shall be effective ad interim. Terms. Vacancies. Section 3. The members of the board shall devote their full time to the duties of their office. The annual salary of each member shall be $5,000.00 per annum, payable in equal monthly installments, and each member shall be allowed

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necessary expenses when traveling in the performance of the duties of the office. Salaries; traveling expenses. Section 4. The Governor shall bi-annually appoint one of the members of the Board as chairman, who shall serve until his successor is appointed and qualified. As soon as practicable after their appointment, the members of the Board shall meet and select from their number a secretary, who shall serve for a period of two years or until his successor is appointed and qualified. Neither the chairman nor the secretary shall draw any salary from the State in addition to that which he receives as a member of the Board. Chairman. Secy. Section 5. The Board shall adopt an official seal of which the courts shall take judicial notice. Seal. Section 6. A majority of the Board shall constitute a quorum for the transaction of all business except as hereinafter provided. Section 7. The Attorney General shall be the legal adviser of the Board. Section 8. The Board shall have office quarters in the State Capitol, and supplies, stationery and equipment shall be provided for this Board in the same manner as they are provided for other departments, boards, commissions, bureaus or offices of the State. Offices. Section 9. The Board may appoint such clerical, stenographic, supervisory and expert assistants, and establish qualifications for employees as they may deem necessary, and in its discretion may discharge such employees. Clerical help. Section 10. No member of the Board or no full time employee thereof shall, during his service upon or under the Board, engage in any other business or profession or hold any other public office; nor shall he serve as a representative of any political party, or executive committee or other governing

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body thereof, or as an executive officer or employee of any political committee, organization or association, or be engaged on the behalf of any candidate for public office in the solicitation of votes, or otherwise become a candidate for public office without resigning from the Board. No member of the present Prison and Parole Board shall be eligible to be appointed a member of said Board of Pardons and Paroles, or to any subordinate position under such Board, until two years after the term of office of such member of the present Prison and Parole Board shall have expired. Section 11. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, to remove disabilities imposed by law, and to remit any part of a sentence for offenses against the State, after conviction, except in cases of treason and impeachment, and except in cases in which the death sentence has been imposed and the Governor refuses to suspend the execution of such death sentence to enable the Board to consider and pass upon the same. In all cases when the Governor has suspended the execution of a death sentence to enable the Board to consider and pass on same it shall be mandatory that said Board act within a period not exceeding 90 days from the date of the suspension order of the Governor. In all cases of clemency, pardons and paroles, a majority vote of the members is sufficient for approval, except in cases involving capital punishment, and in such cases a unanimous vote of all members of the Board is necessary. Provided, however, if any member for any cause is unable to serve in any case involving capital punishment the Governor shall act as the third member of said Board and the action so taken in such instances shall be by unanimous vote. In the cases which the Board has power to consider, such Board shall be charged with the duty of determining what prisoners serving sentences in the jails and

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prisons and public works camps of this State may be released on pardon or parole, and affixing the time and conditions thereof. The Board shall also be charged with the duty of supervising all persons placed on parole; of determining violations thereof and of taking action with reference thereto; of making such investigations as may be necessary and of aiding parolees or probationers in securing employment. It shall be the duty of the Board personally to study those prisoners whose cases the Board has power to consider, who may be confined in the jails, prisons and public works camps of the State, so as to determine their ultimate fitness for such relief as the Board has power to grant. Provided, however that the Board by an affirmative vote of two of its members shall have the power to commute a sentence of death to one of life imprisonment. Reprieves, pardons, etc. Section 12. It shall be the duty of the Board to obtain and place in its permanent records as complete information as may be practicably available on every person who may become subject to any relief which may be within the power of the Board to grant. Such information shall be obtained as soon as possible after imposition of the sentence and shall include: Records. (a) A complete statement of the crime for which such person is sentenced, the circumstances of such crime and the nature of such person's sentence. (b) The Court in which such person was sentenced. (c) The term of his sentence. (d) The name of the presiding judge, the prosecuting officers, the investigating officers and the attorney for the person convicted. (e) Copy of pre-sentence investigation and any previous court record. (f) Fingerprint record.

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(g) A copy of all probation reports which may have been made. (h) Any social, physical, mental or criminal record of such person. The Board in its discretion may also obtain and place in its permanent records similar information on each person who may be placed on probation. The Board shall immediately examine such records and any other records obtained and make such other investigation as they may deem necessary. It shall be the duty of the Court and of all probation officers and other appropriate officers to furnish to the Board, upon its request, such information as may be in their possession or under their control. The Welfare Boards of the State of Georgia and all other State, county and city agencies, sheriffs and their deputies and all peace officers shall cooperate with the Board and shall aid and assist it in the performance of its duties. The Board may make such rules as to the privacy or privilege of such information and its use by others than the board and its staff as may be deemed expedient in the performance of its duties. Section 13. No person shall be treated clemency, pardon or parole or other relief from sentence except by a majority vote of the Board and in all cases involving capital punishment, a unanimous vote of all members is necessary provided two members of said board may commute a death sentence to life imprisonment, as provided in Section 11 of this Act. However, each member of the Board shall render a written decision on each case considered by the Board and such written decision shall become a part of the permanent record. Good conduct and efficient performance of duties by a prisoner shall be considered by the Board in his favor and shall merit consideration of an application for pardon or parole. No prisoner shall be released on probation or placed on parole until and unless the Board shall find that

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there is reasonable probability that, if he is so released, he will live and conduct himself as a respectable and law-abiding person, and that his release will be compatible with his own welfare and the welfare of society. No person shall be released on pardon or placed on parole unless and until the Board is satisfied that he will be suitably employed in self-sustaining employment, or that he will not become a public charge. Any person who may be paroled shall be released on such terms and conditions as the Board shall prescribe. The Board shall diligently see that no peonage is allowed in the guise of parole relationship or supervision. Such parolee shall remain in the legal custody of the Board until the expiration of the maximum term specified in his sentence or until he is pardoned by the Board. In the event a parolee violates the terms of his parole, he shall be subject to rearrest and/or extradition for placement in the actual custody of the Board to be re-delivered to any prison or public works camps of this State. Capital Cases. Written decisions. Peonage. Violation of parole. Section 14. The Board, in considering any case within its power, shall cause to be brought before it all pertinent information on such person. Included therein shall be a report of the superintendent, warden or jailer of the jail, prison or public works camp in which such person has been convicted, upon the conduct and record of such person while in such jail, prison or public works camp; the results of such physical and mental examinations as may have been made of such person; the extent to which such person appears to have responded to the efforts made to improve his social attitude; his industrial record while confined and the nature of his occupations while so confined, and a recommendation as to the kind of work he is best fitted to perform and at which he is most likely to succeed when and if he is released. The Board may make such other investigation as it may deem necessary in order to be fully informed on such person. Before releasing any person on parole, the Board may

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have such person appear before it and may personally examine him. Thereafter, upon consideration, the Board shall make its findings and determine whether or not such person shall be treated a pardon, parole, or other relief within the power of such Board; and the Board shall determine the terms and conditions thereof. Notice of such determination shall be given to such person and to the prison official having him in custody. If such a person is granted a pardon or a parole, the prison officials having such person in custody shall, upon notification thereof, inform him of the terms and conditions thereof and shall in strict accordance therewith release such person. If such person is indigent at the time he is released, which fact shall be determined in advance by the Board, he shall be given his transportation by the nearest route to the destination noted in the pardon or parole. In addition thereto, he shall be furnished clothes, shoes, a hat, a suit of underclothing, not to exceed in value in the aggregate the sum of $15.00, and $5.00 in cash, the cost of which shall be paid by the State of Georgia as are other expenses of the Board. Information on prisoners. Transportation, clothing, etc. Section 15. The Board, upon placing a person on a parole, shall specify in writing the terms and conditions thereof, a certified copy of which shall be given to the parolee. Thereafter, a copy shall be sent to the Clerk of Court in which such person was convicted. The Board shall adopt general rules on the terms and conditions of parole and what shall constitute the violation thereof and make such special rules to govern particular cases. Such rules, both general and special, may include, among other things, a requirement that the parolee shall not leave the State of Georgia or any definite area in Georgia without the consent of the Board; that he shall contribute to the support of his dependents to the best of his ability; that he shall make reparation or restitution for his crime; that he shall abandon evil associates and ways; that he shall carry out the

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instructions of his parole supervisor, and, in general, so comport himself as such supervisor shall determine. A violation of the terms of parole may render the parolee liable to arrest and a return to prison to serve out the term for which he was sentenced. Terms of parole. Rules. Section 16. If any member of the Board shall have reasonable ground to believe that any parolee has lapsed into criminal ways, or has violated the terms and conditions of his parole in a material respect, such member may issue a warrant for the arrest of such parolee. Said warrant, if issued by a member of the Board, shall be returned before him and shall command that the parolee be brought before him, at which time he shall examine such parolee and admit him to bail conditioned for his appearance before the Board, or if he is not admitted to bail, commit him to jail pending a hearing before the Board, as herein provided. All officers authorized to serve criminal process and all peace officers of this State shall be authorized to execute said warrant. Any parole or probation supervisor, when he has reasonable ground to believe that a parolee has violated the terms of conditions of his parole in a material respect, shall notify the Board or some member thereof; and proceedings shall thereupon be had as provided herein. Arrest of parolee. Bail. Section 17. As soon as practicable after the arrest of a person charged with the violation of the terms and conditions of his parole, such parolee shall appear before the Board in person and a hearing shall be had at which the State of Georgia and parolee may introduce such evidence as they may deem necessary and pertinent to the charge of parole violation. Within a reasonable time thereafter the Board shall make findings upon such charge of parole violation and shall enter an order thereon rescinding said parole and returning such person to serve the sentence theretofore imposed upon him, with benefit of computing the time so served on parole as a part of such person's sentence, or

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reinstating such parole, or shall enter such other order as it may deem proper. Hearings. Section 18. No person who has been placed on parole shall be discharged therefrom by the Board prior to the expiration of the term for which he was sentenced, or until he shall have been duly pardoned in accordance with the law. The Board may, however, relieve a person on parole from making further reports and may permit such person to leave the State or county if satisfied that this is for his own best interest and for the best interest of society. When a parolee has, in the opinion of the Board, so conducted himself as to deserve a pardon or a commutation of sentence or the remission in whole or in part of any fine, forfeiture or penalty, the Board may grant such relief in cases within its power. Discharge. Section 19. The superintendent, warden or jailer of any jail or prison or public works camp in which persons convicted of a crime may be confined and all officers or employees thereof shall at all times cooperate with the Board and upon its request shall furnish it with such information as they may have respecting any person inquired about as will enable the Board properly to perform its duties. Such official shall at all reasonable times, when the public safety permits, give the members of the Board, its authorized agents and employees, access to all prisoners in their charge. Access to prisoners. Section 20. The Board shall preserve on file all documents on which it has acted in the granting of clemency, reprieve, pardon or parole. Following the effective date of this Act no conditional pardon shall be issued. Section 21. Following the effective date of this Act, the Governor of Georgia shall have the power and authority to suspend the execution of sentences of death or sentences in cases of treason. The Governor shall have no authority or power whatever over the granting of pardons or paroles. Power of Governor.

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Section 22. Nothing contained herein shall be construed as repealing any power given to any court of this State to place offenders on probation or supervise the same nor of any probation agency set up and now existing in any county of the State in conjunction with such courts, provided, however, the State Board of Pardons and Paroles shall be authorized to cooperate with any such existing agencies, except it shall not assume or pay any financial obligations thereof; and the Board shall be authorized to cooperate with the Courts for probation of offenders in those counties in which there is no existing probation agency, when such court so requests. Probation. Section 23. The Board many adopt and promulgate rules and regulations, not inconsistent with the provisions of this Act, touching all matters herein dealt with, including, among others, the practice and procedure in matters pertaining to paroles, pardons, probations and remission of fines and forfeitures. Rules and regulations. Section 24. On or before the first day of January each year the Board shall make a written report of its activities, copies of which shall be sent to the Governor and to the Attorney General and to such other officers and persons as the Board may deem advisable. One copy of said report shall become a part of the records of the Board. Biennially the Board shall make a full and complete report to the General Assembly of Georgia. Reports. Section 25. Nothing in this law shall be construed to change or modify the laws respecting parole and probation as administered by the juvenile courts of this State or the Training School for Boys or the Training School for Girls or the courts where persons have been placed on probation in cases involving bastardy or abandonment of minor children. Juvenile courts.

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Section 26. Following the effective date of this Act, all pardons shall relieve from civil and political disabilities. Disabilities. Section 27. Provisions of this Act shall not affect pardons, paroles or probations acted upon previous to the effective date of this Act. Section 28. This law shall be liberally construed so that its purpose may be achieved. Section 29. All records and documents of the Prison and Parole Commission or any other agency of the State which relate solely to pardons or paroles shall be turned over to the State Board of Pardons and Paroles. Records. Section 30. If any clause, sentence, paragraph, section or part of this law shall have any reason to be adjudged by any court of competent jurisdiction to be unconstitutional, invalid or void, such judgment shall not affect, impair or invalidate the remainer of the law, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. Invalid part. Section 31. This Act shall become effective upon its passage by the General Assembly and approval by the Governor. Section 32. The granting of reprieves and pardons, under the conditions of this Act shall be subject to approval by the Governor until such time as Article 5, Section 1, paragraph 12 taking this authority from the Governor, shall have been ratified. Section 33. That all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved February 5, 1943.

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PUBLIC HEALTH DEPARTMENT DIRECTOR'S COMPENSATION. No. 188. An Act to fix the compensation of the Director of the Department of Public Health; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That the State Board of Health shall fix the salary of the Director of the Department of Public Health, in accordance with the classification and compensation plan established under the rules and regulations for the merit system of personnel administration of the Department of Public Health and approved by said Board and the cooperating Federal agencies provided for in Titles V and VI of the Federal Social Security Act; provided that the salary of said Director shall not exceed sixty hundred ($6,000.00) per annum. How fixed. Salary limit. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1943. PUBLIC SAFETY DEPARTMENTAMENDING ACT. No. 16. An Act to amend An Act entitled An Act to create a Department of Public Safety for Georgia, etc.; approved March 19, 1937 (Georgia Laws 1937, pages 322-355) by repealing Section 1 of Article 1 of the said Act relating to the Department of Public Safety and its composition, and by substituting in lieu thereof a new Section 1, Article 1, providing for members of the Department of

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Public Safety, expenses, meetings, officers, etc.; by striking therefrom Section 3 of the said Act relating to the Commissioner of Public Safety and by substituting a new section creating the office of Director of Public Safety, prescribing duties, qualifications, salary, bond, oath, etc.; by repealing Section 5 of the said Act relating to the Deputy Commissioner of Public Safety and by substituting a new section creating the office of Deputy Director of Public Safety, prescribing duties, salary, oath, bond, qualifications, removal, etc.; by terminating the tenure of the present Department of Public Safety members, Commissioner of Public Safety and Deputy Commissioner of Public Safety; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly approved March 19, 1937 (Georgia Laws 1937, pages 322-355) and all Acts amendatory thereof, be and the same are hereby amended by repealing in its entirety Section 1 of Article 1, pages 324-325 of Georgia Laws 1937, relating to the Department of Public Safety, its composition, expenses, officers and meetings, and by enacting in lieu thereof a new section to be known as Section 1, Article 1, to read as follows: Act of 1937 amended. Sec. 1 of Art 1 repealed. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that, there is hereby created and established as a part of the Executive Branch of the State of Georgia a department which shall be known as `The Department of Public Safety'. It shall be composed of the Governor of Georgia as Chairman, the Attorney General, the Adjutant General, the Chairman or Executive Officer in charge of the State Highway Department, the Comptroller General, and two members to be selected by the Governor from among the sheriffs and peace officers of Georgia. New section. Department of Public Safety. Members.

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None of the members of the Department of Public Safety shall receive any salary or compensation for the discharge of their duties, other than their salaries as officers of the State of Georgia, except such legitimate expenses as may be incurred. Compensation restricted. They shall elect a Vice-Chairman from among their number, who shall exercise the duties of the Chairman in his absence, and shall appoint a Secretary from the head-quarters staff of the Uniform Division of the Georgia State Patrol hereinafter created, which Secretary shall draw no additional salary other than is paid by the division of which he is a member. Officers. The Department of Public Safety shall meet in regular session once each month at a time and place which they shall determine, and oftener if their duties shall require. Three members shall constitute a quorum for the discharge of business. Sessions. Section 2. The Act of the General Assembly approved March 19, 1937 (Georgia Laws 1937, pages 322-355) relating to the Public Safety Department, and all Acts amendatory thereof, be and the same is hereby further amended by striking therefrom in its entirety Section 3 of the said Act appearng on pages 325-326, Georgia Laws 1937, which said section relates to the Commissioner of Public Safety, term of office, salary, removal from office, qualifications, retirement, bond, oath of office and vacancy in office, and by substituting in lieu thereof a new section to be known as Section 3, to read as follows: Act of 1937 further amended. Section 3. The Department of Public Safety as herein created shall appoint a person to be known as the Director of Public Safety of Georgia, who shall be the highest ranking officer in the Uniform Division of the Georgia State Patrol, and who shall under the direction of the Department of Public Safety exercise supervision

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and control over all the divisions and employees of the Department of Public Safety. Director. The Director of Public Safety of Georgia shall be appointed for a term of four years during good behavior, and shall receive an annual salary of Forty-Eight Hundred ($4800) Dollars, payable monthly. Term and salary. He shall be subject to removal by the Department of Public Safety only after charges have been preferred and hearing granted, which hearing shall be made a matter of record. Removal. He shall be of good moral character and of sound physical condition, not less than twenty-five nor more than fifty-five years of age at the time of appointment, and shall have had at least three years experience as a law enforcement officer, as an officer of the United States Army or National Guard, or as an officer in some other organization of this State, another State, or of the United States, charged with controlling men enforcing the laws of the State or the United States. Qualifications. The Director of Public Safety shall be automatically retired upon reaching the age of sixty-five years. Retirement. He shall before entering upon his duties give a bond in the sum of Ten Thousand ($10,000) Dollars conditioned upon the faithful discharge of his duties, to be approved by and payable to the Governor of Georgia and his successors in office, and shall take an oath before the Governor to faithfully uphold the Constitution and laws of Georgia and of the United States. Bond. Oath. In the event of a vacancy in the office of Director of Public Safety by reason of death, resignation or other cause, the Deputy Director herein provided shall immediately succeed to all the duties and perform all the functions of the Director of Public Safety until the vacancy is

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filled, but the Department of Public Safety shall be authorized to appoint a successor to such Director immediately upon the vacancy occurring. Vacancy. Section 3. The Act of the General Assembly approved March 19, 1937 (Georgia Laws 1937, pages 322-355) relating to the Public Safety Department, and all Acts amendatory thereof, be and the same is hereby amended by further striking therefrom in its entirely Section 5 of the said Act appearing on pages 327, 328, Georgia Laws 1937, relating to the Deputy Commissioner of Public Safety, duties, oath, bond, age limit and removal, and by substituting in lieu thereof a new section to be known as Section 5, to read as follows: Act of 1937 further amended. Section 5. The Director of Public Safety of Georgia is authorized to appoint a Deputy Director of Public Safety, whose term of office shall be for four years and who shall receive an annual salary of Thirty-Six Hundred ($3600) Dollars, payable monthly, and whose appointment shall be subject to confirmation by the Department of Public Safety. Deputy Director. Salary. He shall perform such duties as he may be charged with by the Director of Public Safety, and in case of a vacancy shall act as Director of Public Safety in Georgia until an appointment is made to fill such vacancy, and shall during such time draw the same salary as that of Director. Duties. The Deputy Director shall take the same oath as that required of the Director of Public Safety, which oath shall be administered by the Director, and shall before entering upon his duties give a good and sufficient bond in the amount of Five Thousand ($5,000) Dollars conditioned upon the faithful discharge of his duties to be approved by and payable to the Governor and his successors in office. Oath. Bond.

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The Deputy Director shall not be less than twenty-five nor more than fifty-five years of age at the time of his first appointment and shall automatically be retired when the age of sixty-five years is reached. Age. Retirement. The Deputy Director shall be subject to removal from office by the Department of Public Safety after charges preferred and a hearing thereon, which shall be made a matter of record. Removal. Section 4. The members of the Department of Public Safety as constituted in the original Act, the Commissioner of Public Safety and the Deputy Commissioner of Public Safety as provided in the Act of the General Assembly approved March 19, 1937 (Georgia Laws 1937, pages 322-355) shall cease to act and perform any duties as such officer or receive compensation as such immediately upon the passage and approval of this Act. The terms, tenure, office, appointment, approval, jurisdiction, qualification, authority, rights, powers and duties of the same are hereby terminated in toto. Terms, pay, etc., of members under Act of 1937 terminated. Section 5. Wherever the words Commissioner of Public Safety or the words Deputy Commissioner of Public Safety are used in the Act of the General Assembly approved March 19, 1937 (Georgia Laws 1937, pages 322-355) and all Acts amendatory thereof, the words Director of Public Safety or the words Deputy Director of Public Safety, as respectively used, be and the same are hereby inserted in lieu thereof. Substitution of official titles. Section 6. Such employees of the Department of Public Safety as heretofore constituted who have been granted leaves of absence by the Department for the purpose of permitting such employee to enter the military service of the United States shall have their names retained by the Department hereby created as employees on leave in the same capacities as they are now retained until such time as

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the military service of the respective employees in the armed forces of the United States shall have been terminated, at which time the Department hereby created shall determine whether such employee shall be again actively employed by said Department. Employees in military service retained. Section 7. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 3, 1943. PUBLIC WELFARE BOARD ABOLISHEDBOARD OF SOCIAL SECURITY CREATED. No. 344. An Act to abolish the present State Board of Public Welfare; to repeal Section 3 of the Act of the General Assembly approved February 26, 1937 (Georgia Laws 1937, pages 355 et seq) relating thereto; to create a State Board of Social Security; to provide the qualifications of members; to define the terms, powers, duties and compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 3 of the Act of the General Assembly approved February 26, 1937, (Georgia Laws 1937, pages 355 et seq) relating to the State Board of Public Welfare be and the same is hereby repealed in its entirety and a new Section to be known as Section 3 be and the same is hereby substituted in lieu thereof; said Section to read as follows: Sec. 3, Act of 1937 repealed. Section 3. State Board of Social Security. The State Board of Social Security shall consist of the Director of said Board and ten additional members, two of which said members shall be medical doctors in active practice.

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Each Congressional District in the State shall be represented by one member of the Board. Members of the Board, with the exception of the Director, shall receive no compensation for their services other than the amount of their travelling and other expenses incurred in the performance of their official duties. All members of the State Board of Social Security shall be appointed by the Governor and confirmed by the Senate for terms, respectively, to run concurrently with the term of office of the Governor making the appointment of such member or members, and to expire with the term of the Governor making such appointment, or appointments. Thereafter upon the expiration of such terms, successors shall be appointed for terms of four years each. All members shall be appointed by the Governor on the basis of recognized interest and knowledge of the problems of social welfare. The Director of the Board of Social Security shall be appointed by the Governor for a term of four years and until his successor is appointed and qualified. His compensation shall be that now provided by law. He shall be an ex-officio member of the Board. Members. Compensation. Appointed by Governor. Director. Compensation. Section 2. The term, tenure and office of each of the members of the present State Board of Public Welfare be and the same are hereby terminated and ended and no member of such present Board shall have the authority to act as such. Public Welfare Board adolished. Section 3. Every reference to the State Board of Public Welfare contained in the Act of the General Assembly approved February 26, 1937 (Georgia Laws 1937, pages 355 et seq) and in all acts amendatory thereof shall on and after the passage of this Act be deemed to refer to and shall refer to the State Board of Social Security. substituted. Social Secruity Board

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Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1943. REVENUE DEPARTMENTCREATING ACT AMENDED. No. 109. An Act to amend an Act approved January 3, 1938, (Ga. Laws Ex. Session 1937-38, page 77), known as the Act creating the Department of Revenue, and providing for the administration of taxing laws, by fixing the salary of the State Revenue Commissioner; by abolishing the State Board of Tax Appeals; by providing for the discharge of the duties and functions of said Board; by providing for the assessment of property required to be returned for ad valorem taxation by certain corporations and companies to the State Revenue Commissioner; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly approved January 3, 1938 (Ga. Laws Ex. Section 1937-38, p. 77) 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

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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, 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, be and the same is hereby amended by striking from Chapter 11, Section 2, thereof the words and figures Forty-eight hundred dollars ($4800.00) and inserting in lieu thereof the words and figures Six thousand dollars ($6000.00), so that said Section 2 of Chapter 11 shall read as follows: Act of 1938 amended. Section 2. Creation of Department and Office. Salary, bond, oath. The office of State Revenue Commissioner and the Department of Revenue are hereby created. The Commissioner is hereby made head of the Department of Revenue. The Commissioner shall be appointed by the Governor with the consent of the Senate for a term of four years, provided, however, the first term beginning at the time of appointment and running to February 1, 1947. The Commissioner shall receive a salary of six thousand dollars ($6,000.00) annually, payable monthly. Before entering upon the performance of his duties he shall execute and file an official surety bond, approved as to form and [Illegible Text] [Illegible Text] the [Illegible Text] General and amounting to seventy thousand dollars ($70,000), the premium on which shall be paid by the State. The Commissioner shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of his office, which oath shall be in addition to that required of all civil officers. Commissioner's salary increased. Section 2. That said Act of January 3, 1938, be, and the

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same is hereby further amended by striking and repealing all of Sections 18, 19, 20, 21, 22, 23 and 24 of Chapter III thereof, which said sections create a State Board of Tax Appeals, and provide for the review of decisions of the State Revenue Commissioner, and substituting in lieu thereof new sections to be numbered section 18, section 19, and section 20, which shall read as follows: Act of 1938 further amended. Sections stricken. New sections. Section 18. Except as otherwise provided by this Act, all matters, cases, claims and controversies, of whatsoever nature arising in the administration of the revenue laws, or in the exercise of the jurisdiction of the State Revenue Commissioner or the Department of Revenue, as conferred by this act, shall be for determination by the State Revenue Commissioner, subject to review by the courts as provided for by Section 45 of Chapter IV of this Act. The effect of this section shall be that, except as hereinafter provided, all final rulings, orders and judgments of the State Revenue Commissioner shall be subject to appeal and review under Section 45 of this act in the same manner, under the same procedure, and as fully, as if same had been considered and passed upon by the State Board of Tax Appeals. Any such appeal from a final ruling, order, or judgment of the State Revenue Commissioner shall be entered within the time prescribed by Section 45 of the Act: Provided, however, that nothing herein contained, and no provision of this Act, shall be construed to deprive a taxpayer against whom an execution for taxes has been issued under an assessment by the State Revenue Commissioner of the right to resist enforcement of the same by affidavit of illegality. Appeal and review. Affidavit of illegality. All petitions for review filed and now pending before the Board of Tax Appeals shall be and they are hereby declared to be in the same position as if the ruling, order, finding or assessment of the Commissioner therein complained of and sought to be reviewed had been affirmed

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by the Board of Tax Appeals; and all such rulings, orders, findings or assessments now pending for review before the Board of Tax Appeals shall be final and conclusive unless the taxpayer who filed said petition for review shall, within thirty (30) days from the date of the passage of this Act, appeal said ruling, order, finding or assessment to the Superior Court in the manner provided by Code Section 92-8446, except that in the case of a foreign corporation domesticated in Georgia the appeal shall be made within the time herein prescribed to the Superior Court of the County in which such foreign corporation was domesticated in Georgia. Pending cases. Time for filing appeal. Exceptions. Section 19. The provisions of the foregoing section with reference to reviewing assessments of the State Revenue Commission shall not apply to assessments for ad valorem taxation against any person, corporation or company which was required by Chapter 92-59 of the Code of 1933 to return his or its property for ad valorem taxation to the Comptroller-General and is now required by such chapter and this Act of January 3, 1938, to make such returns to the State Revenue Commissioner. The State Revenue Commissioner shall carefully scrutinize such returns made to him, and if in his judgment the property embraced therein is returned below its value or the return is false in any particular, or in any wise contrary to law, he shall, within sixty days thereafter, correct the same and assess the value, from any information available. If any such person, corporation or company shall be dissatisfied with the assessment or correction of such returns as made by the State Revenue Commissioner or the Department of Revenue, such taxpayer shall have the privilege, within twenty days after notice of such assessment and correction, to refer the question of true value or amount to arbitrators as provided for by Chapter 92-60 of the Code of Georgia of 1933. Such arbitrators

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shall consist of one chosen by the taxpayer and one chosen by the Governor. If the arbitrators thus chosen shall be in disagreement, they shall choose an umpire. If such arbitrators disagree and shall fail to select an umpire within thirty days after receiving notice of their appointment, the Chief Justice of the Supreme Court of Georgia shall select an umpire. Every arbitrator or umpire chosen hereunder shall be a citizen of Georgia. The award shall be made by the arbitrators or by the arbitrators and the umpire, as the case may be, within thirty days from the appointment or selection of such umpire. The decision and award of the arbitrators or of the arbitrators and the umpire shall be subject to appeal and review in the same manner as decisions and orders of the State Board of Tax Appeals were subject to appeal and review under the terms of Section 45 of this Act. Ad volorem tax assessments. Arbitration. Umpire. Award. Appeal. Section 20. Sections 92-7004 to 92-7006 of the Code of Georgia of 1933, which relate to arbitration of State Revenue Commission's equalization of county assessments are hereby repealed. Chapter 92-60 (Section 92-6001 to 92-6007) of the Code of Georgia of 1933, as modified by the provisions of the foregoing Section 19, shall continue and remain in full force and effect as if fully set forth herein. 92-7004 to 92-7006 repealed. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1943. SENATE CONFIRMATION OF APPOINTMENTS. No. 378 An Act to provide for confirmation by the Senate of appointees of the Governor to boards, commissions, bureaus;

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to declare that all members of boards, commissions and bureaus not submitted to the Senate for confirmation since January 1, 1939, shall automatically cease to hold such office; to provide for the appointment of their successors; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That all appointments made by the Governor to boards, commissions and bureaus created and established by the laws of this State, shall be made subject to confirmation by the State Senate. And it shall be the duty of the Governor to submit to the Senate the names of all such appointees appointed prior to the convening of the General Assembly or during the session, either regular or special, of the General Assembly, and unless such appointees are confirmed by the Senate, they shall cease to hold the office to which they have been appointed, and the name of another appointee shall be immediately submitted by the Governor to the Senate to fill such office. Duty of Governor. Section 2. Be it further enacted that all appointees to offices as members of all boards, commissions and bureaus authorized by law to be made by the Governor since January 1, 1939, and not submitted to or confirmed by the Senate, shall automatically cease to hold such offices, and the offices shall be and are hereby declared to be vacant from the date of the approval of this Act, and it shall be the duty of the Governor to fill such vacancies by appointment and approval in the manner provided in Section 1 hereof. Vacancies. Section 3. Be is further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 19, 1943.

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STATE BOARD OF HEALTHACQUISITION OF HOSPITALS, LABORATORIES, ETC. No. 412. An Act to authorize the Board of Health of the State of Georgia to acquire such laboratories, hospitals, or other property, real or personal, by gift, purchase or otherwise, as is necessary to carry out the public health program in this state; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Board of Health of the State of Georgia shall have the power to acquire such laboratories, hospitals, or other property, either real or personal, by gift, purchase, devise or otherwise, as the said State Board of Health shall in its discretion deem advisable to afford proper treatment and care to patients and to carry out the public health program in this State. Powers. 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 20, 1943. STATE BOARD OF PRISONS ESTABLISHED. No. 14 An Act to revise the laws relating to penal administration, pardons, paroles, probations and their supervision; to change the name of the Prison and Parole Commission to the State Board of Prisons; to continue the present Prison and Parole Commission in office as members of the State Board of Prisons; to take from the Prison and

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Parole Commission all its powers and duties relating to pardons, paroles and probations; to provide for the State Board of Prisons, its membership, election, appointment, terms of office, tenure, compensation, vacancies, powers and duties; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Prison and Parole Commission of the State of Georgia shall hereafter be known as the State Board of Prisons. Board of Prisons. Section 2. The present members of the Prison and Parole Commission are hereby designated members of and shall automatically become and comprise the State Board of Prisons, from and after the effective date of this Act, and shall continue to serve as members of the State Board of Prisons for the terms to which they have heretofore been elected or appointed and confirmed, at the same salary each now receives and in lieu of his salary as a member of the Prison and Parole Commission. Members. Salary. Section 3. The State Board of Prisons shall be composed of three members who shall be elected by the qualified voters of the State of Georgia and whose terms shall be for a period of six years. One of the said members shall be elected at the general election held in 1944, and one at the general election held in 1946, and one at the general election to be held in 1948. The term of office for each member thus elected shall be for six years, commencing on the first day of January following such election. A successor to each member of the Board shall be elected in the general election next before the term of office expires. The Governor shall appoint one member of the State Board of Prisons as chairman for a term of one year and until his successor is appointed. The said chairman shall be the executive director of said Board and shall exercise the administrative powers of the State Board of Prisons when the same is not in session,

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and direct generally the administration of the laws, rules and regulations of the State Board of Prisons. All vacancies from any cause on said Board shall be filled by appointment by the Governor, subject to the approval of the Senate. Elected by people. Term. Chairman. Vacancies. Section 4. Neither the State Board of Prisons nor the former Commission known as the Prison and Parole Commission shall hereafter have the powers and duties relating to pardons, paroles and probations formerly vested in the Prison and Parole Commission, but all the powers and duties vested in the Prison and Parole Commission relating to pardons, paroles or probations are hereby abolished. Pardon, parole, etc., power abolished. Section 5. The State Board of Prisons shall have all the powers and duties vested in the Prison and Parole Commission except those powers and duties relating to pardons, paroles and probations. Section 6. This Act shall go into effect immediately on its passage by the General Assembly and its approval by the Governor. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 2, 1943. STATE EXAMINING BOARDSABOLISHED AND RECREATED. No. 462. An Act to abolish the present State Examining Boards included in Title 84 of the Georgia Code of 1933 and those created by the Acts of 1937 (Ga. Laws 1937, pp. 208, 209, 245, 246, 294, 295, 296, 564) the Acts of 1939 (Ga. Laws 1939, p. 226) The Acts of 1941, (Ga. Laws

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1941, p. 342), and to create in lieu thereof new State Examining Boards and Commissions, to provide for the appointment, qualifications, terms of office, tenure, powers, duties, perquisites, authorities, etc., of the new State Examining Boards and Commissions and the membership thereof; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The following present State Examining Boards included in Title 84 of the Georgia Code of 1933 and those created by the Acts of 1937 (Ga. Laws 1937, pp. 208, 209, 245, 246, 294, 295, 296, 564) The Acts of 1939 (Ga. Laws 1939, p. 226) The Acts of 1941, (Ga. Laws 1941, p. 342), are hereby abolished: Boards abolished. 1. State Board of Examiners of Public Accountants. 2. Georgia State Board for the Examination and Registration of Architects. 3. State Board of Barber and Hairdresser Examiners. 4. Georgia Board of Chiropractic Examiners. 5. State Board of Chiropody Examiners. 6. Board of Dental Examiners of Georgia. 7. State Board of Medical Examiners. 8. Board of Examiners of Nurses for Georgia. 9. Georgia State Board of Examiners in Optometry. 10. State Board of Osteopathic Examiners in Georgia. 11. Georgia State Board of Pharmacy. 12. Georgia Real Estate Commission. 13. Stationary Engineers and Firemen.

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14. Georgia State Board of Veterinary Examiners. 15. State Board of Registration for Professional Engineers and Surveyors. 16. State Board for the Certification of Librarians. Section 2. The following new State Examining Boards and Commissions are hereby created: Boards created. 1. State Board of Examiners of Public Accounts. 2. Georgia State Board for the Examination and Registration of Architects. 3. State Board of Barber and Hairdresser Examiners. 4. Georgia Board of Chiropractic Examiners. 5. State Board of Chiropody Examiners. 6. Board of Dental Examiners of Georgia. 7. State Board of Medical Examiners. 8. Board of Examiners of Nurses for Georgia. 9. Georgia State Board of Examiners in Optometry. 10. State Board of Osteopathic Examiners of Georgia. 11. Georgia State Board of Pharmacy. 12. Georgia Real Estate Commission. 13. Stationary Engineers and Firemen. 14. Georgia State Board of Veterinary Examiners. 15. State Board of Registration for Professional Engineers and Surveyors. 16. State Board for the Certification of Librarians. Section 3. The new State Examining Boards and Commissions, hereby created, shall be comprised of the number

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of members as now provided by law for the present Examining Boards. The said new Examining Boards and Commissions provided for by this Act shall have the powers and duties now provided by law for the present Examining Boards, and such as may be hereafter provided and shall be subject to all provisions of law with respect to the said present State Examining Boards and Commissions not inconsistent with this Act. Members, Powers. Section 4. The members of the respective new State Examining Boards and Commissions created by this Act shall be appointed by the Governor with the approval of the Secretary of State and shall be confirmed by the Senate. The terms of such members of said Examining Boards and Commissions created by this Act shall be for the unexpired terms and full terms as provided by law relative to the present Examining Boards and Commissions and the respective Boards which are abolished by this Act. Appointed by Governor. Senate confirmation. Section 5. The qualifications, tenures, rights, duties, authorities, purposes, prerequisites, and prerogatives of the new State Examining Boards and Commissions, the particular new State Examining Boards and Commissions, and the members of said Boards and Commissions shall be those now provided by law for the present State Examining Boards. The respective new State Examining Boards and Commissions, and the members thereof shall exercise the rights, duties and authorities in as full and complete a manner as they were exercised by the members of the present State Examining Boards hereby abolished. The qualifications for members of the New State Examining Boards and Commissions shall be those now required for members of the present State Examining Boards which are hereby abolished. Qualifications, tenures, duties, etc. Section 5-A. The provisions of this Act shall not apply

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to any boards or commissions appointed by Municipal or County authorities. Section 6. Where members to be appointed to the various present Examining Boards are recommended to the Governor from named groups in the present law, the same system and procedure shall govern the appointment of members to the new State Examining Boards and Commissions hereby created. Section 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1943. STATE HIGHWAY COMMISSION. No. 343. An Act to repeal an Act approved January 30, 1941 (Ga. Laws 1941, pages 290-291) creating a State Highway Board, providing for its membership, terms of office, powers, duties and compensation; to abolish and terminate the term, tenure and perquisite of office of the members appointed under said Act; to create the offices of State Highway Director and Treasurer of the State Highway Department, to prescribe their duties and powers, compensation and tenure; to create a State Highway Commission and to provide for the compensation, authority, powers and duties thereof; to provide that the State Highway Department shall encourage the employment of Georgia labor and the use of material produced within the State of Georgia; to empower the State Highway Department to contract with municipalities, counties, and various departments of the Federal Government; to provide that pending actions and causes of actions shall abate and stand abated unless reinstated by executive

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order of the Governor, concurred in by the State Highway Commission; to provide against the liability of the State Highway Commission and the State Highway Department for actions originating prior to the passage of this Act, except where allowed by executive order, concurred in by the State Highway Commission; to provide the manner in which services of process shall be had on the State Highway Department; to prohibit the members of the State Highway Commission, or any officer or employee of the State Highway Department, from contracting to buy from or sell to the State Highway Department merchandise, etc., and to provide the penalty for the violation thereof; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act approved January 30, 1941 (Ga. Laws 1941, pages 290-291) creating a State Highway Board, providing for its membership, terms of office, powers, duties and compensation, be, and the same is hereby repealed, and the State Highway Board appointed under and by virtue of said Act is hereby abolished and the term, tenure and perquisite of office of the members of such board is hereby terminated. Act of 1941 repealed. Section 2. The State Highway Department as created and provided for in Title 95, Part IV, of the Code of Georgia, and Acts amendatory thereof, shall be managed and controlled in the manner hereinafter provided. Highway Department. Section 3. There is hereby created the offices of State Highway Director and Treasurer of the State Highway Department, to be appointed by the Governor subject to confirmation by the Senate, both of whom, however, shall serve at the pleasure of the Governor. They shall be citizens of the State of Georgia and shall be required to execute

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faithful performance bonds with a solvent Surety Company, approved by the Governor, qualified to do business in this State, in such sums as the State Highway Commission, hereinafter provided, by resolution, shall prescribe, the premiums thereof to be paid out of the funds of the State Highway Department. The Governor shall fix the salary of both the State Highway Director and the Treasurer. The salary of the Director shall not exceed Seven Thousand ($7000.00) Dollars per annum, and the salary of the Treasurer shall not exceed Forty-eight Hundred ($4800.00) Dollars per annum. Director and Treasurer. Bonds. Salaries Section 4. Immediately upon the appointment and qualification of the said State Highway Director he shall become vested with the duties and powers of the management and control of the State Highway Department, except in so far as such duties and powers may conflict with those of the State Highway Commission as hereinafter provided. Director's duties and powers. Section 5. The State Highway Director is hereby authorized and empowered to place on the State highway system any state-aid-roads as he deems necessary to the best interests of the State, when approved by a majority of the Commission herein created, and to take off of the State highway system all roads heretofore certified as state-aid-roads, when approved by a majority of the Commission herein created, which do not exist or which, if in existence, are not now being used by the traveling public, and such roads as have been included in United States Government reservations and closed to travel of the public, and by first giving written notice to the county road authorities concerned thirty days prior to such action. State-aid-roads. Section 6. Immediately upon the appointment and qualification of the Treasurer of the State Highway Department, he shall enter upon his duties which shall be to receive and receipt for all funds from all sources to which the State

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Highway Department is entitled; to disburse such funds at the direction of the State Highway Director; to have charge of and supervise the keeping of the records, books and accounts of the State Highway Department, and to perform such other duties as may be required of him by the State Highway Director. Treasurer's duties. Section 7. There is hereby created a Commission to be known as the State Highway Commission which shall consist of twelve members to be appointed by the Governor with the approval of the Senate, who shall serve for a term of four years, the same to be concurrent with that of the Governor. Each Congressional District of the State shall be represented by a member residing in said District and there shall be two members from the State at Large. The Governor shall designate one member of such Commission as Chairman, one as Vice-Chairman, and another member as Secretary, but such officials shall receive no additional compensation for their services. Each member of the Commission shall receive as compensation seven dollars per diem while engaged upon attendance at meetings of the Commission, and shall be entitled to actual expenses while so engaged. Highway Commission. Members. Terms. Chairman, Vice-Chairman, Secretary. Compensation. Section 8. The members of the State Highway Commission shall meet on the first Monday in each month at the State Highway Building, located at No. 2 Capitol Square, in the City of Atlanta, to transact such business as may properly come before it. The Commission shall not remain in regular session for more than four days in any one month. Called meetings of the Commission may be had at such times as are deemed necessary by the Chairman or a majority of the members thereof; provided, that not more than two called meetings shall be held in any one month and such called meetings shall be limited to two days. Meetings.

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Section 9. It shall be the duty of the State Highway Commission to make quarterly reports to the Governor of the complete operations, activities and plans of the State Highway Department, together with such recommendations for the future activities of the Department as said Commission may deem to be to the best interest of the State of Georgia; said Commission shall also constitute an advisory board with whom the State Highway Director shall from time to time consult regarding the administration of the affairs of the State Highway Department. The State Highway Commission is hereby authorized and empowered to require from the State Highway Director, Treasurer, Officers and employees of the State Highway Department complete reports and information relative to the affairs of the Department at such time and in such manner as the Commission may deem advisable. Each member of the Commission shall give attention to and survey the conditions of the roads and highways in his respective district and make recommendations concerning the needs, maintenance, planning of roads and road construction to the Commission. Quarterly reports to Governor. Advisory Board. Authority and duty. Section 10. In the construction and maintenance of highways, the State Highway Commission and the State Highway Director shall encourage the employment of Georgia labor and the use of materials produced within the State whenever possible. Plans, specifications, proposal forms, notices to contractors and advertisements for materials shall be prepared with the view of utilizing, as far as practical, acceptable materials produced within the State. Mineral aggregates conforming with standard specifications for types of work intended shall be purchased from Georgia producers whenever the price per ton is equal to or lower than the price per ton submitted by an out-of-state producer. Labor and materials. Section 11. The State Highway Department shall have the power and authority to cooperate with the several counties

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and municipalities of Georgia, and with the Highway Departments, bureaus, commissions, and authorities now in existence or hereafter to be created by the Congress of the United States and by the Legislature of this State or other states, and by whatever name or title designated, by providing surveys, maps, specifications, and other things necessary in planning, supervising, locating, improving and constructing roads and highways and streets in any part, section or area of Georgia. To cooperate with counties, municipalities and Federal authorities. Section 12. All pending actions and causes of actions against the State Highway Department or the State Highway Board of Georgia shall abate and stand abated unless reinstated and allowed to proceed by executive order of the Governor, agreed to by the State Highway Commission, in which event the State Highway Department shall be the necessary party defendant thereto. The State Highway Commission nor the State Highway Department shall be liable to suit for alleged causes of action originating prior to the passage and approval of this Act and no action shall be maintained therefor or thereon, except upon executive order of the Governor and the approval thereof by the State Highway Commission. Nothing in this bill shall prevent suit against the State Highway Department or preclude liability against the same as a result of an accident at or on a bridge in this State. Pending actions abated. How reinstated. When liable to suit. Exceptions. Section 13. All suits brought either by or against the State Highway Department shall be brought in the name of State Highway Department of Georgia. All suits brought ex-contrato by or against State Highway Department of Georgia shall be brought in the County where the contract is to be or has been performed. All suits brought ex-delicto shall be brought in the County in which the cause of action arose. Service upon said Department shall be sufficient by serving a second original process issued from the county where the suit is filed upon the Highway Director, either

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personally or by leaving a copy of same in the State Highway Building, No. 2 Capitol Square, Atlanta, Georgia. Suits. Venue. Service. Section 14. It shall be unlawful for any member of the State Highway Commission, or any officer or employee of the State Highway Department to contract to buy from or sell to the State Highway Department any real or personal property of any kind, when such purchase or sale would benefit or be likely to benefit such member, officer or employee, or any firm or corporation in which he is or may be interested as a stockholder, partner, sharer, or beneficiary. Any person or persons violating the provisions of this Section shall be guilty of a misdemeanor. Acts prohibited. Penalty. Section 15. It shall be the duty of the Highway Commission to equalize highway funds and distribute road building, road repairing according to their needs, and political prestige or pressure shall not be the Guiding Rule. Duty. Section 16. That after the passage of this Act, the Highway Department, or Commission, or Director, shall not have authority to enter into any legal contract for the construction of any highway, or part thereof, during any period of three months next preceding the end of the term of office of any Governor of this State. That all contracts which may be entered into by the Highway Department, Director, or Commissioner, on which no actual work has been done at the end of the term of office of any Governor shall be null and void. Highway contracts. Section 17. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 17, 1943.

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STATE PARKSADVISORY COMMITTEE. No. 31. An Act to authorize and direct the Governor to appoint an advisory committee in each county in which a State Park is located and operated; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Governor is hereby authorized and directed to appoint an advisory committee of five substantial citizens residing in each county in which is located and operated a State Park. Said committee shall be appointed for a term of four years and shall keep in close touch with the operation of the State Park or Parks in the committee's county and report to the Governor and the Director of State Parks as to the efficiency and desirability of the operation of the Park. Any complaint in reference to the operation or conduct of the Park may be made to the local committee, which said local advisory committee shall submit the same to the Governor and the Director of State Parks. Members. Complaints. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 10, 1943. STATE PLANNING BOARD ABOLISHED. No. 27. An Act to repeal an Act approved March 8, 1937, entitled, An Act to establish a State Planning Board; to provide for the appointment of a chairman and members of the Board; to define its functions and duties; to provide for the payment of a portion of its expenses by the Highway Department; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia: Section 1. The Act of the General Assembly of Georgia approved March 8, 1937 (Ga. Laws, page 291) entitled, An Act to establish a State Planning Board; to provide for the appointment of a Chairman and members of the Board; to define its functions and duties; to provide for the payment of a portion of its expenses by the Highway Department, and for other purposes, be and the same is hereby repealed. Act of 1937 repealed. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 5, 1943. STATE TREASURERCOMPENSATION. No. 23. An Act To Amend An Act fixing the salary of the State Treasurer 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 of Act fixing the salary of the State Treasurer, Page 295, Georgia Laws 1941, be and the same is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof the following Section: Section 1. That from and after the approval of this Act the State Treasurer shall receive an annual salary of six thousand ($6,000.00) dollars, payable as now provided by law. Salary. Approved February 5, 1943.

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TREASURER AND COMPTROLLER-GENERALSUSPENSION ACT REPEALED. No. 4. An Act to repeal an Act entitled an Act to provide for the suspension of the State Treasurer and the Comptroller-General; and for other purposes, approved February 6, 1941 (Georgia Laws 1941, pages 295-297); 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 provide for the suspension of the State Treasurer and the 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, approved February 6, 1941 (Georgia Laws 1941, pages 295-297) be and the same is hereby repealed in its entirety. Act of 1941 repealed Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 25, 1943.

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TITLE V. CODE AMENDMENTS AND REPEALS. ACTS. Absentee Voters. 34-3301, 34-3308. Academy for Blind and School for Deaf. 99-434. Administrators and ExecutorsAnnual Returns. 113-1409. Administrators and ExecutorsConveyances of Rights of Way and Easements. 113-901, 113-908, 113-1702, 113-1710. Adult Illiteracy. 32-2401. Assessments Against Property Owners. 92-6703. Attorneys at LawLimitation of Disbarment Proceedings. Ch. 9-5. Banks and BankingExaminations. 13-2005 et seq. Bank ExaminersIndividual Deposit Accounts Verified. 13-401. Banking LawsAmendments. 13-901, 13-1001, 13-2002. Banking LawsDeposits of Deceased Depositors. 13-2048. Banking LawsLimit of Loans. 13-2013. Bank Examiners' Compensation. 13-312. Building and Loan AssociationsLoans to Non-Members. 16-101. Change of Names. 79-501. Charge of Court. 81-1102. Choses in ActionAssignment. 85-1803. City and County Health Departments. 88-207. Clerk's Fees in Certain Counties. 24-2728. Coroner's Fees in Certain Counties. Councilmen's Eligibility for Election as Mayor. 69-201. County Board of EducationCompensation. 32-904. County Boards of EducationQualifications. 32-902. County School Superintendent. 32-1014. County School SuperintendentsClerical Help. 32-1006. Court Reporter Coweta Circuit. 24-3103, 24-3104. Court Reporter Griffin Circuit. 24-3104. Court Reporter Piedmont Circuit. 24-3103 et seq. Credit Union Examination Fees. 25-122 et seq. Criminal ProcedureBail. 27-904, 27-906. Department of Law Created. 40-1607 et seq. Deputy Insurance CommissionerSalary. 56-102. Divorce CasesCost Deposit. 24-3406. ElectionsAssistance in Preparing Ballot. 34-1905. ElectionsCandidatesBallots. 34-1904.

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ElectionsVoters' List for Each Precinct. 34-401. Fertilizer and Fertilizer MaterialRegistration. 5-1104, 5-1118. Fidelity InsuranceJoint Control of Assets. 56-1117. Finance Commission Created. 40-204, 40-411 et seq. Firing Woods Wilfully and Maliciously. 26-3603. Gasoline and Kerosene Specifications. 73-216. Georgia State Board of Entomology. 84-803 et seq. Guardian and WardSales for Reinvestment. 49-203 et seq. Hotels and Inn KeepersLiability Limited. 52-110a. Hours of Labor by Minors. 54-205. Husband and WifeRights and Liabilities. Ch. 53-5. Income TaxAlimony. 92-3107, 92-3109. Income TaxBanks and Trust Companies. 92-3105, 92-3107. Income TaxExemptions and Credits. 92-3106. Judicial OfficersDisqualifications. 24-102. Justice CourtsDockets. 24-602. Justices of the PeaceDockets. 24-604. Land Registration Law. 60-209, etc. Legal Holidays. 14-105, 14-716, 14-1808. Limitation of Actions. 3-704. Limited PartnershipFirm Name. 75-412. Miniature Pool Tables. 92-2014. Motor-Fuel Tax. 92-1104. Motor-Fuel TaxesDistributors. 92-1403. Motor-Fuel TaxExemption Limited. 92-1403. Motor VehiclesLicenses and Tags. 68-201 et seq. Non-Profit Cooperative Associations. 65-203, 65-206. Payment of Teachers. 32-1301, 32-1303. Primary ElectionsCertificate of Result. 34-3215A. Property Exempt from Taxation. 92-201. Public Service CommissionAdditional Compensation. 68-623. Registered Voters Lists. 34-406. Revocation of Agency. 4-214. Schools for Illiterate Adults. 32-2503. Secretary of StateCompensation. 40-504. Secretary of StateSecurities DivisionExaminers. 97-202 et seq. Segregation of Convicts. 97-319. State AuditorQualifications and Tenure. 40-1801. State Board of Accountancy. 84-201 etc. State Examining BoardsSecretary. 84-102. State Health LawsAmendments. 88-201 et seq. State Library Commission Abolished. Chapter 32-26.

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Supreme Court and ourt of AppealsCosts and Salaries. 6-1702 et seq., 24-3505 et seq., 24-4103 et seq. TaxationWelfare Benefits. 92-3701. Testamentary GuardiansAppointment. 49-103. Trade and Partnership NamesRegistration. 106-301. Treasurer and Comptroller-GeneralSuspensionRepeal. 40-206, 40-1301. Voluntary Deeds and Conveyances. 96-205, 29-401. Workmen's CompensationState Employees. 114-101, 14-101A. See Title VI for other laws affecting Code Sections. ABSENTEE VOTERS. 34-3301, 34-3308. No. 447. An Act to repeal Section 34-3301 of the Official Code of Georgia of 1933, as amended (Georgia Laws 1941, pages 365-367) relating to the time and manner of giving notice by persons desiring to vote by mail; and to substitute therefor a new Section 34-3301 to provide for the time and manner of giving notice to the Registrars or Ordinary for persons desiring to vote by mail, and for other purposes; to repeal Section 34-3308 of the Code of Georgia of 1933 relating to voucher forms signed by absentee voters, and to substitute therefor a new Section 34-3308 to provide for vouchers to be signed by absentee voters and the form of same; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 34-3301 of the Code of Georgia of 1933, as amended (Georgia Laws 1941, pages 365-367) approved March 27, 1941, be and the same is hereby repealed and a new Section 34-3301 is hereby substituted, which new section shall read as follows: 34-3301 as amended repealed. Section 34-3301. Any voter, when required to be absent from the city or county, ward or district in which

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he is registered, may vote by registered mail: provided, that he or some member of his immediate family,viz., husband or wife, father or mother, sister or brother, or son or daughtershall give notice in writing of such intention to the Registrars or the Ordinary of his county, not less than ten days nor more than sixty days prior to the primary or general election in which he may desire to participate. New section. Notice. Section 2. That Section 34-3308 of the Code of Georgia of 1933 relating to vouchers signed by absentee voters, is hereby repealed and a new Section 34-3308 is hereby inserted in lieu thereof, which new section shall read as follows: 34-3308 repealed. Section 34-3308. The voucher shall be on the back of the return envelope containing the marked ballot, and shall be as follows: New section. This is to certify that the enclosed ballot was received by me from the Registrars or the Ordinary of.....County, State of Georgia. The envelope marked ballot within was opened by me in the presence of.....postmaster, consul or commissioned officer, of....., marked while in the office, without assistance or knowledge on the part of any one as to manner in which same was prepared, and then and there sealed as provided by law. Form of voucher. (Signed)..... Tests: ..... Date..... 19..... Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1943.

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ACADEMY FOR BLIND AND SCHOOL FOR DEAF. 99-434. No. 29. An Act to amend Section 18 of an Act approved February 26, 1937 (Ga. Laws 1937, pp. 335, 368) set forth in the 1933 Georgia Code, annotated, Supplement, as Section 99-434, relating to the abolition of Board of Control and transfer of its functions to the State Board of Public Welfare, so as to provide that the authority, powers, duties, supervision, control and management now vested in the State Department of Public Welfare over the Georgia Academy for the Blind and the Georgia School for the Deaf be transferred to the State Board of Education, and to provide for the continued administration of that trust fund of the Georgia Academy for the Blind known as the Pupils' Trust Fund for the purposes for which it was created, to provide for the use of funds of said institutions, to make provision for the representation of trust funds and donations appertaining to said institutions; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 18 of the Act of the General Assembly of Georgia, approved February 26, 1937 (Ga. Laws 1937, pp. 355, 368) set forth in the 1933 Georgia Code, Annoted, Supplement, as Section 99-434, relating to the abolition of the Board of Control and transfer of its functions to the State Board of Public Welfare, be, and the same is, hereby amended by adding at the end thereof the following: 99-434 amended. Provided further that effective July 1, 1943, the authority, powers, duties, supervision, control and management of the Georgia Academy for the Blind, as laid down

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in Chapter 35-7 of the 1933 Georgia Code, and the Georgia School for the Deaf, as laid down in Chapter 35-8 of the 1933 Georgia Code, be, and they are, hereby taken from the State Board of Public Welfare and transferred to the State Board of Education. Supervision, control, etc., transferred to Board of Education. And by adding new sections; said Sections being as follows: Section 18A. No statute nor regulation as to uniformity of curricula, course of study, text books, period of operation, qualifications or compensation of teachers, nor any other statute or regulation, applicable to other schools, shall apply to the schools herein referred to, as it is declared to be the public policy of this State that on account of the special requirements of care, training, and education, of the blind and of the deaf they shall have that care, training, and education, specially adapted to their needs, and the State Board of Education is authorized to act accordingly. Section 18B. The trust fund appertaining to the Georgia Academy for the Blind known as the Pupils' Trust Fund and which had its origin in a private subscription made by members of the General Assembly of Georgia prior to the War Between the States shall be, and is hereby transferred to the State Board of Education, which shall administer the income from said fund for the benefit of the pupils of the Georgia Academy for the Blind, said State Board of Education holding and administering said funds as Trustees until such time as the General Assembly shall appoint some other agency to operate said Academy for the Blind, and shall appoint some other agency to act as Trustees for such fund. Pupils' Trust Fund transferred. Section 18C. When moneys or properties are appropriated by the Legislature, or received from any other source by the State Board of Education for the use and

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benefit of the Georgia Academy for the Blind or the Georgia School for the Deaf, the said Board, unless otherwise directed by the General Assembly, shall not use said moneys or properties except for the benefit of the institution for whose use the moneys or property was appropriated or donated. Appropriations, etc., how used. Section 18D. Any trust fund or property, real, personal, or mixed, that may have been heretofore created by will or otherwise as a fund or gift or donation or devise to any board of trustees of any of the institutions hereinbefore mentioned, or to any executor or trustee to and for the use, benefit, or behoof of any such institution, shall not lapse by virtue of any of the provisions of this Chapter, but the same shall remain valid and of full force and effect, and such beneficial interest under any such deed of gift or will or other conveyance shall vest in said State Board of Education as trustee to and for the use, benefit, and behoof of the institution intended to be benefitted by said gift, devise, or other conveyance in its favor. In any case where provisions of any deed of gift, or will, or other conveyance hereinbefore referred to, require a trustee, and no trustee shall in any contingency exist, said State Board of Education shall be and become a substituted trustee to carry out the beneficial purposes of said gift, devise, or conveyance. Trust funds and properties. Trustee. So that said section, when so amended, shall read as follows: Section 18. Abolition of Board of Control and Transfer of Functions Heretofore Performed by said Board of Control. The Board of Control of Eleemosynary Institutions heretofore created under and by virtue of an Act approved August 28, 1931 (Acts 1931, Pages 7, 15) is hereby abolished. The activities, authority, and delegated duties which have heretofore been carried on by the Board of Control and defined in detail in Title 35 in

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its entirety of the 1933 Code of Georgia are hereby transferred and removed to the State Department of Public Welfare and all of such functions and activities heretofore entrusted to such Board of Control of Eleemosynary Institutions shall hereafter be administered through the State Department as created in this Act; Provided, however, that effective July 1, 1937, the authority and duties in supervising and conducting the management of the State Tuberculosis Sanatorium, as laid down in Chapter 35-4 of the 1933 Code of Georgia are hereby transferred and removed to the State Board of Health of Georgia; Provided further that effective July 1, 1943, the authority, powers, duties, supervision, control and management of the Georgia Academy for the Blind, as laid down in Chapter 35-7 of the 1933 Georgia Code, and the Georgia School for the Deaf, as laid down in Chapter 35-8 of the 1933 Georgia Code, be, and they are, hereby taken from the State Board of Public Welfare and transferred to the State Board of Education. New provision Section 18A. No statute nor regulation as to uniformity of curricula, course of study, text books, period of operation, qualifications or compensation of teachers, nor any other statute or regulation, applicable to other schools, shall apply to the schools herein referred to, as it is declared to be the public policy of this State that on account of the special requirements of care, training, and education, of the blind and of the deaf they shall have that care, training, and education, specially adapted to their needs, and the State Board of Education is authorized to act accordingly. New section. Section 18B. The trust fund appertaining to the Georgia Academy for the Blind known as the Pupils' Trust Fund and which had its origin in a private subscription made by members of the General Assembly of

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Georgia prior to the War Between the States shall be, and is hereby transferred to the State Board of Education, which shall administer the income from said fund for the benefit of the pupils of the Georgia Academy for the Blind, said State Board of Education holding and administering said funds as Trustees until such time as the General Assembly shall appoint some other agency to operate said Academy for the Blind, and shall appoint some other agency to act as Trustees for such fund. New section. Section 18C. When moneys or properties are appropriated by the Legislature, or received from any other source by the State Board of Education for the use and benefit of the Georgia Academy for the Blind or the Georgia School for the Deaf, the said Board, unless otherwise directed by the General Assembly, shall not use said moneys or properties except for the benefit of the institution for whose use the moneys or property was appropriated or donated. New section. Section 18D. Any trust fund or property, real, personal, or mixed, that may have been heretofore created by will or otherwise as a fund or gift or donation or devise to any board of trustees of any of the institutions hereinbefore mentioned, or to any executor or trustee to and for the use, benefit, or behoof of any such institution, shall not lapse by virtue of any of the provisions of this Chapter, but the same shall remain valid and of full force and effect, and such beneficial interest under any such deed or gift or will or other conveyance shall vest in said State Board of Education as trustee to and for the use, benefit, and behoof of the institution intended to be benefitted by said gift, devise, or other conveyance in its favor. In any case where provisions of any deed of gift, or will, or other conveyance hereinbefore referred to, require a trustee, and no trustee shall in any contingency

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exist, said State Board of Education shall be and become a substituted trustee to carry out the beneficial purposes of said gift, devise, or conveyance. New section. Section 2. That all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved February 8, 1943. ADMINISTRATORS AND EXECUTORSANNUAL RETURNS. 113-1409. No. 379. An Act to amend Section 113-1409 of the Code of Georgia of 1933, relating to the filing of annual returns by administrators and executors; to provide for the time of filing of such returns; and for 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 113-1409 of the Code of Georgia of 1933 be, and the same is hereby amended by striking from the first sentence the following words: On or before the regular term of the court in January, in each year, and substituting in lieu thereof the following words: Within thirty days after the expiration of one year from the date of his appointment, and during the January Term of the court in each year thereafter, so that said section when so amended shall read as follows: 113-1409 amended. Part stricken. Substituted. 113-1409. (3992) Annual returns; contents; copies of vouchers.Within thirty days after the expiration of one year from the date of his appointment, and during the January Term of the court in each year thereafter, every executor or administrator shall make a true and

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just account, upon oath, of his receipts and expenditures in behalf of the estate during the preceding year, together with a note or memorandum of any other fact necessary to the exhibition of the true condition of such estate. With this return the original vouchers shall be filed, showing the correctness of each item; and at the option of the executor or administrator, copies of all the vouchers may be attached. The original vouchers shall remain in the ordinary's office for 30 days. If any of the receipts shall be for cotton, corn or other products sold, the voucher shall show the quantity of each, the price at which it was sold, the name of purchaser, and the time of sale. (Act 1792, Cobb, 306. Act 1799, Cobb, 312. Act 1810, Cobb, 317. Acts 1855-6, p. 145; 1862-3 pp. 138, 139; 1920, p. 79) 113-1409 as amended. 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 19, 1943. ADMINISTRATORS AND EXECUTORSCONVEYANCES OF RIGHTS OF WAY AND EASEMENTS. 113-901, 113-908, 113-1702, 113-1710. No. 450. An Act to amend Title 113 (Wills, Descent, and Administration of Estates), part 2 (Descent and Distribution) and part 3 (Administration of Estates) of the Code of Georgia to authorize an Administrator, Executor, or other Trustee, to convey rights of way and easements, to the United States or the State of Georgia or any subdivision or department thereof, or to any person, firm or

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corporation having the right of eminent domain; to authorize the Ordinary to approve the sale of said rights of way and easements; to provide the procedure and effect of such approval, and for such purposes to add seven new sections to the Code of Georgia to be designated as sections 113-1725, 113-1726, 113-1727, 113-1728, 113-1729, 113-1730 and 113-1731; to repeal all laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 113-901 of the Code of Georgia be and the same is hereby amended by adding a comma after the word debts in line four, by striking from lines four and five the words and purposes of distribution, and adding in lieu thereof the words the purposes of distribution, and other purposes provided for in this Title, so that said section as amended shall read as follows: 113-901 as amended. Section 113-901Upon the death of the owner of any estate in realty, which estate survives him, the title shall vest immediately in his heirs at law, subject to be administered by the legal representative, if there is one, for the payment of debts, the purposes of distribution, and other purposes provided for in this Title. If there is a legal representative, the right to recover such realty shall be in him; if there is none, the heirs may sue in their own names. The title to all other property owned by a decedent shall vest in the administrator of his estate for the benefit of the heirs and creditors. 113-901 as amended. Section 2. That Section 113-908 of the Code of Georgia be and the same is hereby amended by adding a comma after the word debts in line six, by strinking the words or making a proper distribution from lines six and seven, and adding in lieu thereof the words making a proper distribution, or for other purposes provided for in this Title, so

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that said section as amended shall read as follows: 113-908 amended. Section 113-908The administrator may recover possession of any part of the estate from the heirs at law, or purchasers from them; but in order to recover lands, it is necessary for him to show upon the trial, either that the property sued for has been in his possession, and without his consent is now held by the defendant, or that it is necessary for him to have possession for the purpose of paying the debts, making a proper distribution, or for other purposes provided for in this Title. An order for sale or distribution, granted by the ordinary after notice to the defendant, shall be conclusive evidence of either fact. 113-908 as amended. Section 3. That Section 113-1702 of the Code of Georgia be and the same is hereby amended by adding the words easements or between the words of and vacant in line two, so that said section as amended shall read as follows: 113-1702 amended. Section 113-1702All sales by administrators (except of annual crops sent off to market, and of easements or vacant lands) shall be at public outcry, between the hours of 10 o'clock A. M. and four o'clock P. M.; and no sale shall be continued from day to day unless so advertised. Good faith is required of the administrator in all cases that the property may be sold in such manner and quantities as shall be deemed most advantageous to the estate. 113-1702 as amended. Section 4. That Section 113-1710 of the Code of Georgia be and the same is hereby amended by substituting a semicolon for the period after the word debts in line three and by adding the words except that rights of way and easements may be conveyed as provided in this Title, so that said section as amended shall read as follows: 113-1710 amended.

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Section 113-1710No administrator or executor shall be authorized to sell the reversionary interest in the land set apart as dower during the lifetime of the widow, unless necessary to pay debts; except that rights of way and easements may be conveyed as provided in this Title. 113-1710 as amended. Section 5. Be it further enacted that Title 113, Part 3, of the Code of Georgia be further amended and the same is hereby amended by adding thereto seven new sections to be designated as Sections 113-1725, 113-1726, 113-1727, 113-1728, 113-1729, 113-1730 and 113-1731, to read as follows: New sections added. Section 113-1725An administrator, executor, or other trustee, may convey rights of way and easements upon, across, and/or under estate or trust property to the United States, the State of Georgia or any subdivision or department thereof, or to any person, firm or corporation having the right of eminent domain, at private sale, and such conveyance shall be binding upon the heirs at law, devisees or cestuis que trustent and persons claiming through or under them, when approved by the ordinary of the county in which the administrator, executor, or other trustee is qualified. The purchaser of the right of way and easement shall not be responsible for the proper use or application of the proceeds. 113-1725. Trust property. Private sale. Approval of ordinary. Section 113-1726The approval of the ordinary required by Section 113-1725 shall be obtained as follows: The administrator, executor, or other trustee shall make application in writing, under oath, to the ordinary, setting forth the purpose or purposes of the proposed conveyance, the names of the heirs at law, devisees or cestuis que trustent and, if minors, their ages, and a description of the easement to be conveyed. Thereupon, the ordinary shall set a date for hearing on the application and appoint a guardian ad litem to represent those of the heirs at

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law, devisees or cestuis que trustent who are under disability or unknown. The guardian ad litem shall accept the appointment in writing. Service shall be made by publishing notice of the date and purpose of the hearing once in the newspaper in which sheriff's sales for said county are advertised and posting a copy of the notice at the courthouse not less than ten days prior to the date set for such hearing. 113-1726. Procedure. Hearing. Guardian ad litem. Service. Notice. Section 113-1727The ordinary may act upon such applications in vacation or in term time. Section 113-1728At the hearing the ordinary shall satisfy himself that service has been made as required by Section 113-1726, and that the vendee is a proper one under the provisions of Section 113-1725, and shall, when so satisfied, pass an order reciting that proper service has been made, that the vendee is one of those specified in Section 113-1725, and approval of the proposed conveyance, which order shall be final and conclusive. order. Section 113-1729An appeal shall lie to the superior court in the manner, under the restrictions, and with the effect provided for appeals from the ordinary in other cases. Appeal. Section 113-1730The proceedings shall be indexed and recorded in books to be kept for that purpose by the ordinary in each county in which any of the property is located. Proceedings recorded. Section 113-1731The ordinary shall receive the same fees as for like services in other matters of a similar nature, provided that the total cost of any one proceeding shall not exceed ten dollars. The cost shall be paid out of the proceeds of the sale when the application is approved. Costs.

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Section 6. 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 20, 1943. ADULT ILLITERACY. 32-2401. No. 338. An Act to amend Section 32-2401 of the Code of Georgia of 1933, relating to the powers and duties of the State Board of Education with respect to adult illiteracy by enlarging said powers and duties so as to authorize said Board to promote the establishment of schools for adult illiterates and to cooperate with other State, County or Federal agencies in eliminating adult illiteracy, 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: Section 1. That Section 32-2401 of the Code of Georgia of 1933, relating to the powers and duties of the State Board of Education with reference to adult illiteracy in this State, be and the same is hereby amended by inserting after the words adult illiteracy in the first clause thereof, the following words and to encourage and promote the establishment of schools for adult illiterates and to cooperate with other State, County or Federal agencies in the elimination of adult illiteracy; so that said Section as amended, shall read as follows, to-wit: 32-2401 amended. Words added. It shall be the duty of the State Board of Education and it shall have the power to make researches, collect

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data and statistics, and procure surveys of any and all communities, districts, or vicinities of the State, looking to the obtaining of a more detailed, definite and particular knowledge as to the true conditions of the State with regard to its adult illiteracy, and to encourage and promote the establishment of schools for adult illiterates and to cooperate with other State, County or Federal agencies in the elimination of adult illiteracy; and report regularly the results of its labors to the General Assembly; and to interest persons and institutions in the dispensation of any and all funds and endowments of whatsoever kind which will or may aid in the elimination of the adult illiteracy of the State, and to do or perform any other act which in their discretion will contribute to the elimination of the State's adult illiteracy by means of education, instruction and enlightenment; and said board shall be empowered to receive, accept, hold, own, distribute and expend, to the end of educating, instructing, enlightening and assisting in the education, instruction and enlightenment of illiterate persons in the State of Georgia, any and all funds or other things of value with which it may be endowed or may otherwise receive; and in the expenditure and disbursement thereof said board shall be controlled by such expedient and discreet regulations as it may from time to time adopt; provided, however, that any and all such funds which may come to the hands of said board shall be expended in keeping with the general purposes of this Chapter. 32-2401 as amended. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1943.

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ASSESSMENTS AGAINST PROPERTY OWNERS. 92-6703. No. 60. An Act to amend Chapter 92-67 of the Code of Georgia of 1933 which relates to assessment of property under certain circumstances. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Chapter 92-67 of the Code of Georgia of 1933 which provides for the assessment of property under certain circumstances, shall be amended by adding at the end of Section 92-6703 of the said Chapter, the following language: 92-6703 amended. Provided, further, if the County Board of Tax Assessors has previously passed upon the assessment of this same property for the years involved, then any reassessment of this property heretofore or hereafter made by the Tax Receiver under this Chapter, shall be void. Proviso added. so that said section as so amended, shall read as follows: Section 92-6703. Assessment of value by tax receiver. If the delinquent or his personal representative or representatives, as provided under Section 92-6702, refuses or fails to return such property after notice given him, the tax receiver shall assess such property for taxation from the best information he 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 so notified shall claim that it is excessive, in which event the further procedure shall be by petition in equity in the superior court of the county where such property is assessed. The assessments when completed and entered upon the tax digests shall be adopted and used by the county boards

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of education or other school authorities authorized by law to levy taxes for school purposes in counties or school districts in lieu of requiring separate returns or arbitrations for purposes of school taxation: Provided that the taxpayer may contest the taxability of his property for school purposes by petition in equity in the superior court of the county where said property is assessed. Provided, further, if the County Board of Tax Assessors has previously passed upon the assessment of this same property for the years involved, then any reassessment of this property heretofore or hereafter made by the Tax Receiver under this Chapter, shall be void. 92-6703 as amended. Proviso. Section 2. Be it further enacted by the authority aforesaid, that the said Chapter is further amended by adding a new section at the end thereof, to be appropriately numbered, such new section to read as follows: Ch. 92-67 amended. In all cases where additional or deficiency assessments are made, or have heretofore been made, by County Tax Receivers or Tax Commissioners as provided in said Chapter, such assessments or additional assessments shall be presented to the Board of Tax Assessors of the County wherein such assessment is made, and such Board of Tax Assessors shall by majority thereof determine, amend or disapprove such assessments in writing. All provisions of the law as to giving notice of assessments, arbitration and subsequent procedure, applicable to other assessments of valuation by the Board of Tax Assessors shall apply to the assessments by the Board of Tax Assessors herein provided for. New section. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith, are hereby repealed. Approved February 11, 1943.

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ATTORNEYS AT LAWLIMITATION OF DISBARMENT PROCEEDINGS. Code, Chapter 9-5. No. 33. An Act to amend Chapter 9-5, entitled Disbarment Proceedings, of the official Code of 1933, by adding a new section to be appropriately numbered; to provide for a limitation of actions for the disbarment of attorneys; and for 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. Chapter 9-5 of the official Code of 1933, entitled Disbarment Proceedings, is hereby amended by adding a new section to be appropriately numbered, which new section shall read as follows: Ch. 9-5 amended. Limitation of Actions. No proceedings for the disbarment of any attorney shall be instituted or prosecuted in any of the courts of this State unless such proceedings shall be instituted or begun within four years after the commission of the act complained of. Provided, however, this limitation shall not run so long as the offender or the offense is unknown. New section. Section 2. All laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 9, 1943.

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BANKS AND BANKINGEXAMINATIONS. 13-2005 et seq. No. 429. An Act to amend the Banking Law and Sections 13-2005, 13-2006, 13-2007 and 13-2008 of the Georgia Code of 1933, which provide for Director's Examinations of Banks, Report of Such Examinations, Action on Reports and Failure to Comply with the Requirements of said sections of the Code of Georgia of 1933, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 13-2005 of the Georgia Code of 1933 is hereby amended by striking this section in its entirety and inserting in lieu thereof a new section to be known as Section 13-2005 which shall read as follows: 13-2005 stricken. Section 13-2005. It shall be the duty of the Superintendent of Banks or his Examiner on one of the semi-annual examinations of each bank subject to his supervision to interview the Directors or a Committee of Directors appointed by the Board of Directors of said bank for this purpose. This interview shall be held while the examination is being conducted or immediately upon the completion of same. New section. Directors interviewed by examiner. Section 2. Section 13-2006 of the Code of Georgia of 1933 is hereby amended by striking this section in its entirety and inserting in lieu thereof a new section to be known as Section 13-2006 which shall read as follows: 13-2006 stricken. Section 13-2006. The Superintendent or his Examiner shall, in the interview required by the new Section 13-2005, present to the Directors or Committee of Directors any facts concerning the operation or condition of the bank which he considers of sufficient importance to be

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called to the attention of the Directors and he shall inform them of any violation of the Banking Laws of Georgia which he may have knowledge of or which he may discover during the examination. The Examiner shall file with the Superintendent of Banks, along with the Report of the Examiner, a statement of such matters which were called to the attention of the Directors or Committee of Directors and which were not satisfactorily explained or corrected during the examination. The Superintendent shall furnish the Directors of each bank a copy of the Examiner's report on the examination of such bank together with a copy of the statement of matters called to the attention of the Directors or Committee of Directors at the time of the examination. The Superintendent shall make such recommendations to the Board of Directors, concerning any irregularities or violations of law or on any other matter which he may consider detrimental to good banking, as may now be required by law. For the purposes of this Act one Director may be considered as a Committee of Directors when such Director is appointed by the Board of Directors for this purpose. It is further provided that should the Committee of Directors be unavailable for the interview with examiners during the examination then a letter from the Superintendent of Banks addressed to the President of the Bank, setting forth all matters which would have been called to the attention of the Directors had such interview been held, shall be construed as compliance with this Section of the Act by the Superintendent of Banks. New section. Nature of interview. Report to Superintendent. Copy furnished directors. Recommendations. Section 3. Section 13-2007 of the Code of Georgia of 1933 is hereby amended by striking this section in its entirety and inserting in lieu thereof a new section to be known as Section 13-2007 which shall read as follows: 13-2007 stricken. Section 13-2007. A written report to the Superintendent of Banks showing a copy of the minutes of a Meeting

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of the Board of Directors of any bank where said minutes set out the action taken on the recommendations of the Superintendent shall be accepted as the annual report of Directors as required by Law and he may ratify such action or reject the action taken as now provided by law. New section. Section 4. Section 13-2008 of the Code of Georgia of 1933 is hereby amended by striking this section in its entirety and inserting a new section to be known as Section 13-2008 which shall read as follows: 13-2008 stricken. Section 13-2008. In the event the Board of Directors shall fail to or refuse to take actions as may be recommended by the Superintendent of Banks as provided in the preceding sections of this Act, the Superintendent is authorized to take charge of said Bank or to take such action as provided by law in other cases of wilful refusal to obey the lawful orders of the Superintendent of Banks. Section 5. All laws or parts of laws in conflict with this New section. Act are hereby repealed. Approved March 20, 1943. BANK EXAMINERSINDIVIDUAL DEPOSIT ACCOUNTS VERIFIED. 13-401. Ch. 13-4. An Act to amend Chapter 13-4 of the Code of 1933, the same relating to Examination of Banks, by providing a new Section to be known as Section 13-401 A, providing for verification of certain individual accounts of banks by bank examiners, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same:

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Section 1. That Chapter 13-4 of the Code of 1933, the same relating to Examination of Banks, be amended by adding thereto a new Section to be known as Section 13-401 A to read as follows: Ch. 13-4 amended. Bank examiners in making examination of banks shall verify eighteen or more certain individual deposit accounts at each examination by sending statements of balances direct to individual depositors and requesting return of the verification of such balances direct to the Superintendent of Banks. Such verifications shall state that such verifications are made in accordance with provisions of the Banking Law, and shall be treated with the same degree of confidence as other matters contained in reports of examinations. 13-401 A added. Individual deposit accounts verified. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 19, 1943. BANKING LAWSAMENDMENTS. 13-901, 13-1001, 13-2002. No. 177. An Act to amend the Banking Laws and Title 13 of the Georgia Code of 1933 and Sections 13-901, 13-1001 and 13-2002 thereof, which provide for the incorporation and amendment of charters of banks and the par value of the shares thereof, to provide that the par value of stock of banking corporations may be, or be changed to, an amount not less than $10.00 per share, to provide that if the par value is other than $100.00 per share, the par value of such shares shall be stated on the published reports of said bank, to provide that each director shall own stock of the par value of at least $1000.00 unless

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the capital of the bank shall not exceed $25,000.00, in which case he must own at least $500.00 par value; and for other purposes: Be it enacted by the General Assembly of Georgia: Section 1. Section 13-901 of the Georgia Code of 1933 is hereby amended by striking from sub-paragraph 4 thereof the words shall be $100.00 and inserting in lieu thereof the words and figures shall be not less than $10.00, provided that, if the par value of each share is other than $100.00, then the par value of such shares shall be stated on the published reports of such bank, so that said Section as amended shall read as follows: 13-901 amended. 13-901. Application for charter, contents, etc.Any number of persons not less than five may form a corporation for the purpose of carrying on the business of banking, by filing in the office of the Secretary of State an application in writing signed by each of them, in which they shall state: 13-901 as amended. 1. The name by which such bank is to be known. 2. The particular city, town or village, where its office is to be located. 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, this section shall not apply to banks whose capital stock is now fixed, so they shall not be required to increase the same. 4. The number of shares into which such capital stock shall be divided, provided the par value of each share of

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stock shall be not less than $10.00, provided that, if the par value of each share is other than $100.00, then the par value of such shares shall be stated on the published reports of such bank. Sub-par. 4 as amended. 5. The purposes and nature of the business proposed to be conducted, with any other matters which they may deem it desirable to state. 6. The number of directors of the bank, which shall not be less than three nor more than 25. Said application shall be filed in triplicate, and a fee of $50 shall be paid to the Secretary of State to be covered by him into the treasury, on filing the application, and the Secretary of State shall not receive said application until said fee shall be paid. The person filing such application may also aquire all the rights, powers and privileges and immunities, and be subject to all of the liabilities and restrictions conferred and imposed upon trust companies by Sections 109-101 to 109-105, 109-201, 109-301, and in addition to the usual banking powers, as conferred and described in this Title, providing such applicants shall allege that at least $100,000 of capital stock has been subscribed and actually paid in; provided also such applicants shall pay to the Secretary of State upon filing such application to be covered by him into the treasury, a fee of $25 in addition to the fee of $50 above provided, in all cases where trust company powers are desired as above set forth. Section 2. Section 13-1001 of the Georgia Code of 1933 is hereby amended by striking therefrom the words so as to change the par value thereof to $100.00 each and by inserting in lieu thereof the words so as to change the par value thereof to an amount not less than $10.00 each so that said Section as amended shall read as follows: 13-1001 amended.

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13-1001. What amendments allowed. Any bank, whether incorporated by special Act of the General Assembly or by the Secretary of State under the general law, may have its charter amended so as to change its corporate name, or the city, town, or village in which its office is located, or the amount of its capital stock, or the number of shares into which its capital stock is divided, so as to change the par value thereof to an amount not less than $10.00 each; and where the capital stock of such bank subscribed and paid in shall be not less than $100,000, so as to acquire all the rights, powers, privileges and immunities and be subject to the liabilities and restrictions conferred and imposed upon trust companies by Sections 109-101 to 109-105, 109-201, 109-301, and any bank heretofore incorporated by special Act of the General Assembly may have its special charter amended so as to incorporate therein any provision of this Title or any amendment thereto. 13 1001 as amended. Section 3. Section 13-2002 of the Georgia Code of 1933 is hereby amended by striking therefrom the words at least 10 shares of the capital stock and inserting in lieu thereof the words capital stock having a par value of at least $1000.00 and by striking therefrom the words at least 5 shares of such stock and by inserting in lieu thereof the words such stock having a par value of at least $500.00 so that said Section as amended shall read as follows: 13-2002 amended. 13-2002. Qualifications of directors.Every director must, during his whole term of service, be a citizen of this State or reside within 25 miles of the city or town in which the bank is located, and at least three-fourths of the directors must be residents of the city or town in which the bank is located or within 25 miles thereof, and must continue so to reside during their continuance in office. Every director must own in his own right an unpledged

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capital stock having a par value of at least $1000.00 of the bank of which he is a director, upon which all installments which are due shall have been paid in full, unless the capital of the bank shall not exceed $25,000, in which case he must own such stock having a par value of at least $500.00. Any director who ceases to be the owner of the number of shares herein required, or who pledges the same, or who fails to pay any installment thereon when the same becomes due, or who becomes in any other manner disqualified, shall vacate his place as a member of the board: Provided, that this section shall not apply to directors in office on January 1, 1920, and said directors shall be qualified to succeed themselves as often as they may be re-elected, without reference to the provisions of this section. 13-2002 as amended. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 26, 1943. BANKING LAWSDEPOSITS OF DECEASED DEPOSITORS. 13-2048. No. 115. An Act to amend the Banking Law and Section 13-2048 of the Georgia Code of 1933, which provides that a deposit of not more than $300.00 of a depositor dying intestate may be paid to certain persons other than the representative of the Estate of such depositor, to increase to $600.00 the amount of deposit which may be so paid and for other purposes: Be it enacted by the General Assembly of Georgia: Section 1. Section 13-2048 of the Georgia Code of 1933

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is hereby amended by striking therefrom the figure $300.00 and inserting in lieu thereof the figure $600.00 so that said Section as amended shall read as follows: 13-2048 amended. 13-2048. Payment of deposit of deceased depositor. Upon the death of any person intestate, having a deposit in the bank of not more than $600.00, such bank shall be authorized to pay over such deposit: (a) to the husband or wife of the depositor; (b) if no husband or wife, to the children; (c) if no children, to the father if living; if not, to the mother of the depositor; (d) if no children or parent, then to the brothers and sisters of the depositor. The receipt of such person or persons shall be a full and final acquittance to the bank and relieve it of all liability to the estate of said deceased depositor or the representative thereof should one be appointed. 13-2048 as amended. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1943. BANKING LAWSLIMIT OF LOANS. 13-2013. No. 116. An Act to amend the Banking Law and Section 13-2013 of the Georgia Code of 1933, which provides a limit for loans by banks to any one person, firm or corporation, to provide that such limit shall not apply to loans to the extent that such loans are secured or covered by guaranties or commitments or agreements to take over or purchase made by any Federal Reserve Bank or by the United States or any department, bureau, board, commission or establishment of the United States including any corporation wholly owned directly or indirectly by

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the United States if such guaranties, agreements or commitments are subject to no condition beyond the control of such bank and must be performed by payment of cash or its equivalent within sixty days after demand, and for other purposes: Be it enacted by the General Assembly of Georgia: Section 1. Section 13-2013 of the Georgia Code of 1933 is hereby amended by striking the period at the end of the next to the last sentence thereof and by inserting in lieu thereof a colon and by inserting thereafter the words and provided, that the limit herein fixed shall not apply to loans to the extent that such loans are secured or covered by guaranties or commitments or agreements to take over or purchase made by any Federal Reserve Bank or by the United States or any department, bureau, board or establishment of the United States, including any corporation wholly owned directly or indirectly by the United States if such guaranties, agreements or commitments are subject to no condition beyond the control of such bank and must be performed by payments of cash or its equivalent within sixty days after demand so that said Section as amended shall read as follows: 13-2013. Loans by bank, limit of. No bank shall be allowed to lend to any one person, firm, or corporation more than 20 per cent. of its capital and unimpaired surplus; and no loan shall be made in excess of 10 per cent. of the capital and surplus, except upon good collateral or other ample security and with the approval of a majority of the directors, or of a committee of the board of directors authorized to act, which approval shall be evidenced by the written signature of said directors or the members of said committee. In estimating loans to any person, all amounts loaned to firms and partnerships of which he is a member shall be included: Provided, however,

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that a bank may buy from or discount for any person, firm, or corporation, bills of exchange drawn in good faith against actually existing values, or commercial or business paper actually owned by the person negotiating the same, in addition to loans directly made to the person, firm, or corporation selling the same, such purchase or discount not to exceed 20 per cent. of the capital and surplus, to be approved in writing by a majority of the directors, or by a committee of such board authorized to act; and Provided, that the limit of loans herein fixed shall not apply to bona fide loans made upon the security of agricultural, manufactured, or industrial products or live stock having a market value and for which there is ready sale in the open market, title to which by appropriate transfer shall be taken in the name of the bank, and which shall be secured by insurance against loss by fire, with policies made payable to the bank, where no more than 80 per cent. of the market value of such products shall be loaned or advanced thereon. In all such cases a margin of 20 per cent. between the amount of the loan and the market value of the products shall at all times be maintained (except where products are intended for immediate shipment); and the bank shall have the right to call for additional collateral when the difference between the market value and the amount loaned shall be less than 20 per cent., and in the event of the failure to comply with such demand, to immediately sell all or any part of such products in the open market and pay the amount of the loan and the expenses of sale, and the balance to the borrower; and Provided, that the limit herein fixed shall not apply to loans fully secured by bonds or certificates of indebtedness of the United States, or of this State, or of the several counties, districts, or municipalities thereof which have been duly and regularly validated as provided by law. Liabilities arising to the makers and indorsers of checks, drafts, bills of exchange, received

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by the bank on deposit, cashed, or purchased by it, shall not in any way be considered as borrowed money or loans: and Provided, that the limit herein fixed shall not apply to loans to the extent that such loans are secured or covered by guaranties or commitments or agreements to take over or purchase made by any Federal Reserve Bank or by the United States or any department, bureau, board or establishment of the United States, including any corporation wholly owned directly or indirectly by the United States if such guaranties, agreement or commitments are subject to no condition beyond the control of such bank and must be performed by payment of cash or its equivalent within sixty days after demand. It shall be the duty of the Superintendent of Banks to order any loans in excess charged to profit and loss, provided in his opinion such excess is not well secured; and if such reduction shall not be made within 30 days after such notification, to proceed as in other cases provided for violation of the orders of the Superintendent. Proviso. Section 2. All laws and parts of laws in conflict with this Act and the same are hereby repealed. Approved February 22, 1943. BANK EXAMINERS' COMPENSATION. 13-312. No. 377. An Act to amend the Banking Law and Section 13-312 of the Georgia Code of 1933, which provides for the salaries of Assistant Superintendent of Banks, Examiners and Clerks of the Banking Department, to increase the maximum salary of Examiners from $2400.00 per annum to $300.00 per annum and for other purposes:

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Be it enacted by the General Assembly of Georgia: Section 1. Section 13-312 of the Georgia Code of 1933 is hereby amended by striking therefrom the figure $2400.00 and inserting in lieu thereof the figure $3000.00, so that said Section as amended shall read as follows: 13-312 amended. 13-312. Salaries of assistant superintendent, examiners, and clerks. The assistant superintendent shall be paid a salary of $3600.00 per annum. Each of the examiners shall be paid a salary of not exceeding $3000.00 per annum. Examiner's salary increased. The salaries of the clerks and office assistants shall be fixed by the Superintendent of Banks. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 19, 1943. BUILDING AND LOAN ASSOCIATIONSLOANS TO NON-MEMBERS. 16-101. No. 186. An Act to amend Section 16-101 of the Code of Georgia, relating to Loans to persons not members; rate of interest,by inserting therein, immediately following the words Corporation in the third and fourth lines thereof, the [Illegible Text] or partnership, 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 16-101 of the 1933 Code of Georgia, relating

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to Loans to persons not members; rate of interestbe and the same is hereby amended by inserting therein, immediately following the word corporation in the third and fourth lines thereof, the words or partnerhsip; so that said Section, when so amended shall read as follows: `16-101 (2878) Loans to persons not members; rate of interest.All building and loan associations, and other like associations doing business in this state (and the term `other like associations' shall include a corporation or a partnership organized to do a general savings and loan business, and among other things, lending its funds to members of the industrial and working classes, or others, and secured in whole or in part by personal endorsements and its own fully paid or installment stock, or its own fully paid or installment certificates of indebtedness, or other personal property), and authorized to lend money to persons not members thereof, nor shareholders therein, at eight per cent or less, and to aggregate the principal and interest at the date of the loan for the entire period of the loan, and to divide the sum of the principal and the interest for the entire period of the loan into monthly or other installments, and to take security by mortgage with waiver of exemption or title, or both, upon and to real estate situated in the county in which such building and loan association or partnership may be located; and such building and loan association shall be construed to be located in any county wherein it has an office, agent, or resident correspondent; provided, however, the associations shall not be compelled to lend their funds exclusively in the manner hereinbefore specified, but also shall have authority to make loans to members of the industrial and working classes and all other persons, due at fixed intervals not exceeding twelve months, and secured in whole or in part by personal endorsements and by its own fully paid stock or stock payable on the installment plan, certificates of indebtedness, fully paid, or payable on the installment plan, or both endorsements or such securities,

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or other personal security and choses in action, and on such loans so made and secured as aforesaid, it shall be lawful to deduct interest in advance, but not to exceed eight per cent discount, and the installments payments, if any, made on such hypothecated stock or certificates of indebtedness, during the time the loan is of force may or may not bear interest, at the option of the association, and the taking of said installment payments on said hypothecated stock, certificates of indebtedness, choses in action, or other evidences shall not be deemed usurious. 16-101 amended. Or partnership inserted. Corporations and partnerships. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 2, 1943. CHANGE OF NAMES. 79-501. No. 57. An Act to amend Chapter 79, Section 501, of the Code of 1933, entitled Change of NamesManner; Petition by adding at the end of said Section 501 a provision requiring publication in the county official organ, giving notice of the filing of the petition for changing name of person, 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. Section 501 of Chapter 79 of the Code of 1933, be and is hereby amended by adding at the end of said section, the following, to-wit: Upon the filing of said petition, the petitioner shall cause notice of such filing to be published in the county official organ once a week for four weeks. Said notice shall contain therein the name of petitioner;

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the new name desired; the court in which the same is pending and the right of any interested or affected party to appear therein and file his objections. That said notice, or citation shall fix a date on or before which all objections to the granting of the relief prayed for must be filed in the Court, and, if no such objection is so filed, the Court shall proceed in vacation, at chambers, thereupon, or at any later date fixed, to hear, and determine all matters raised by the petition, and to render final judgment or decree thereupon. So that, as amended, said section shall read as follows: 79-501 amended. 79-501. (3014) Manner; petition.Any person desirous of changing his or her name and the names of his or her children may present a petition to the superior court of the county of his residence, setting forth fully and particularly the reason why such change is asked, which shall be sworn to by the petitioner, and said petition shall be placed on the proper docket in the superior court, and shall be acted on by the presiding judge any time at or after the second term following its filing. Upon the filing of said petition, the petitioner shall cause notice of such filing to be published in the county official organ once a week for four weeks. Said notice shall contain therein the name of petitioner; the new name desired; the court in which the same is pending, and the right of any interested or affected party to appear therein and file his objections. That said notice, or citation shall fix a date on or before which all objections to the granting of the relief prayed for must be filed in the Court, and, if no such objection is so filed, the Court shall proceed in vacation, at chambers, thereupon, or at any later date fixed, to hear, and determine all matters raised by the petition, and to render final judgment or decree thereupon. Notice.

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Section 2. Any and all other laws in conflict herewith are repealed. Approved February 13, 1943. CHARGE OF THE COURT. 81-1102. No. 53. An Act to amend Section 81-1102 of the official Code of 1933, which reads as follows: The judges of the superior, city and county courts shall, when the counsel for either party request it before argument begins, write out their charges and read them to the jury, and it shall be error to give any other or additional charge than that so written and read. By adding thereto the following language: Provided, however, the provisions of this section shall not apply when there is an official stenographer or reporter of the court in attendance thereon. So that said section as amended shall read as follows: The judges of the superior, city and county courts shall, when the counsel for either party request it before argument begins, write out their charges and read them to the jury, and it shall be error to give any other or additional charge than that so written and read. Provided, however, the provisions of this section shall not apply when there is an official stenographer or reporter of the court in attendance thereon; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. Section 81-1102 of the official Code of 1933, which reads as follows: The judges of the superior, city and county courts shall, when the counsel for either party requests it before argument begins, write out their charges

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and read them to the jury, and it shall be error to give any other or additional charge than that so written and read, is hereby amended by adding the following language: Provided, however, the provisions of this section shall not apply when there is an official stenographer or reporter of the court in attendance thereon. So that said section as amended shall read as follows: The judges of the superior, city and county courts shall, when the ecounsel for either party request it before argument begins, write out their charges and read them to the jury, and it shall be error to give any other or additional charge than that so written and read. Provided, however, the provisions of this section shall not apply when there is an official stenographer or reporter of the court in attendance thereon, and he, the official court reporter, takes down in short hand and writes out the full charge of the trial judge in said case upon the direction of court. 81-1102 amended. 81-1102 as amended. Proviso. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 11, 1943. CHOSES IN ACTIONASSIGNMENT. 85-1803. No. 178. An Act to amend Section 85-1803 of the Code of the State of Georgia of 1933 which provides that choses in action arising upon contract may be assigned and that such assignment is subject to the equities existing between the assignor and debtor, until notice of assignment is given to the person liable, by providing that a notation on the books of account of the assignor of an account receivable that an account has been assigned is notice to all persons

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except the debtor or debtors on such accounts, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Code Section 85-1803 of the Code of the State of Georgia of 1933 is hereby amended by adding at the end thereof the following words: A notation on a page of the books of account of the assignor of an account receivable that the account or accounts receivable shown on such page have been assigned to an assignee named in the notation is notice to all persons, except the debtor or debtors of such accounts, that such account or accounts receivable have been assigned to the assignee named; so that said Code Section 85-1803, when amended, will read as follows: All choses in action arising upon contract may be assigned so as to vest the title in the assignee, but he takes it, except negotiable instruments subject to the equities existing between the assignor and debtor at the time of the assignment, and until notice of the assignment is given to the person liable. A notation on a page of the books of account of the assignor of an account receivable that the account or accounts receivable shown on such page have been assigned to an assignee named in the notation is notice to all persons, except the debtor or debtors of such accounts, that such account or accounts receivable have been assigned to the assignee named. 85-1803 amended. 85-1803 as amended. Notice. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1943.

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CITY AND COUNTY HEALTH DEPARTMENTS. 88-207. No. 436. An Act amending Chapter 88-2 of the Code of Georgia of 1933, which chapter is a codification of Georgia Laws of 1914, pages 124 to 134, inclusive, and refers to County Boards of Health, by adding to said Chapter a new section, to be known as Section 88-207, and providing that there be excepted from the provisions of this chapter those counties and municipalities in the State of Georgia which have heretofore provided or which may hereafter provide, pursuant to Acts of the General Assembly, for combined county and city health departments, or county-wide health departments, whether or not such acts refer to the provisions of this chapter or to the Act from which it is codified and providing that they be authorized to maintain and operate such health departments pursuant to said respective acts, and upon a budget first approved by both the municipal and county taxing authorities of the cities and counties so combining and by the county taxing authorities of the counties operating a county-wide health department; providing for ratification of all such acts heretofore enacted by the General Assembly; providing that such combined or county-wide health departments shall, in all other respects conform to Chapter 88-2 of the Code of Georgia of 1933, and operate under the control of the State Department of Public Health and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Chapter 88-2 of the Code of Georgia of 1933, which chapter is a codification of Georgia Laws of 1914, pages 124 to 134, inclusive, and refers to County Boards of Health, be and the same is, hereby amended by

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adding to said chapter a new Section, to be known as Section 88-207 and to read as follows: 88-207. There are excepted from the provisions of this chapter those counties and municipalities in the State of Georgia which have heretofore provided or which may hereafter provide, pursuant to Acts of the General Assembly, for combined county and city health departments, or county-wide health departments, whether or not such acts refer to the provisions of this chapter or to the Acts from which it is codified; but such counties and municipalities are authorized to maintain and operate such combined or county-wide health departments pursuant to said respective acts upon a budget first approved by both the municipal and county taxing authorities of the cities and counties combining and by the county taxing authorities of the counties operating a county-wide health department, and all such acts heretofore enacted by the General Assembly are hereby ratified. Such combined or county-wide health departments shall, in all other respects, conform to Georgia Laws of 1914, pages 124-134, inclusive, and codified in Chapter 88-2 of the Code of Georgia of 1933 and popularly known as the Ellis Health Law, and such combined or county-wide health departments shall operate under the control of the State Department of Publib Health. Ch. 88-2 amended. 88-207 added. Counties and municipalities excepted. Section 2. That all laws and parts of laws in conflict herewith be, and they are, hereby repealed. Approved March 20, 1943.

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CLERK'S FEES IN CERTAIN COUNTIES. 24-2728. No. 351. An Act to amend Section 24-2728 of the Code of 1933 providing for fees of clerks in counties having less than fifty thousand population by striking the words and figures fifty thousand wherever the same appear in said code section and by inserting in lieu thereof the words and figures sixty-five thousand; 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 on and after the passage of this Act Section 24-2728 of the Code of 1933 providing for fees of clerks in counties having less than fifty thousand population be and the same is hereby amended by striking from said Code Section 24-2728 of the Code of 1933 the words and figures fifty thousand wherever they appear in said Code Section and inserting in lieu thereof the words and figures sixty-five thousand. 24-2728 amended. Counties affected. 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 18, 1943.

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CORONERS FEES IN CERTAIN COUNTIES. 21-105. No. 209. An Act to amend section 21-105 of the Code of Georgia of 1933 so as to provide for an increase in the fees of Coroners in Counties having a population of not less than 86,000 and not more than 88,000, according to the United States census of 1940, or any future United States census, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That section 21-105 of the Code of Georgia of 1933 be, and the same is hereby amended by adding to said section the following words: 21-105 amended. In all Counties of this State having a population of not less than 86,000 and not more than 88,000 according to the United States census of 1940, or any future census, the Coroner's fees for summoning an inquest on a dead body and returning an inquisition shall be $20.00 in lieu of the fee now allowed by law for said services. Population Fee. Section 2. This act shall become effective and of force upon approval of the Governor. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1943.

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COUNCILMEN'S ELIGIBILITY FOR ELECTION AS MAYOR. 69-201. No. 191. An Act to amend Section 69-201 of the Code of 1933, regulating the eligibility of Councilmen and Aldermen of certain towns and cities in this State for election to other Municipal Offices, 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, Section 69-201 of the Code of Georgia 1933, regulating the eligibility of Councilmen and Aldermen be and the same is hereby amended by adding to said section at the conclusion thereof the following language: In all cities of this State having a population according to the Federal Census of 1940 or all other future Federal Censuses of not more than six thousand four hundred (6,400), nor less than six thousand three hundred and ninety (6,390) Councilmen or Aldermen of said cities shall be eligible for the election for the Mayors of said cities, when the election of said Mayor shall occur during the term of office of said Councilman or Alderman, and shall be qualified to act as Mayor, if elected, upon their resigning then said office of Councilmen or Aldermen. 69-201 amended. Cities affected. Section 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 2, 1943.

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COUNTY BOARDS OF EDUCATIONCOMPENSATION. 32-904. No. 256. An Act to amend Section 32-904 of the Code of 1933 (Acts 1919, Sec. 79, p. 321) providing the amount of compensation payable to the members of County Boards of Education by changing the amount of such compensation from per diem not to exceed $2.00 for each days actual service, so as to provide that such per diem shall not exceed $5.00 for each days actual service, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act the members of the Board of Education in each county of this State shall be paid a per diem not to exceed $5.00 for each days actual service out of the school fund appropriation to the county; and their accounts for service shall be submitted for approval to the Ordinary or County Superintendent of Schools; and they shall not receive any other compensation, such as exemption from road duty or jury duty. Provided, that nothing herein shall apply to any county in the State having a population of 80,000 or over according to the last United States Federal Census or any future Census. 32-904 amended. Counties not affected. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 5, 1943.

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COUNTY BOARDS OF EDUCATIONQUALIFICATIONS. 32-902. No. 133. An Act to amend section 32-902 of the Code of Georgia of 1933, so as to provide that in Counties 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, a member of the County Board of Education shall be ineligible to succeed himself and shall be ineligible for reelection to said Board for a period of two years; to provide that successor of such Board Member shall not be selected from the same Militia District as that of the member he succeeds; to provide that trustees of local school districts shall not at the same time serve as members of the County Board of Education, 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 32-902 of the Code of Georgia of 1933, be and the same is hereby amended, by adding to said section the following words: In all Counties of this State 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, a member of the County Board of Education shall not be eligible to succeed himself at the expiration of his term of office, nor shall he be eligible for reelection to said board for a period of two years following the expiration of said term. 32-902 amended. Counties affected. Member ineligible to succeed himself.

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Section 2. The successor of any member of said County Board of Education shall be selected from a Militia District different from that of the member of said Board whom he is chosen to succeed. Successor. Section 3. Be it further enacted that a trustee of a local school district within the county shall not be eligible to serve at the same time as a member of the County Board of Education. Trustee of school district. Section 4. This Act shall be effective and of force upon approval of the Governor. 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 22, 1943.

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COUNTY SCHOOL SUPERINTENDENT. 32-1014, Ch. 32-9. No. 350. An Act to amend Section 32-1014 of the Code of Georgia of 1933 relating to the annual report of county superintendent of schools to the grand jury at the spring term of the court, and to amend Chapter 32-9 County Boards of Education by adding a new section to said chapter, to be appropriately numbered, such section to provide that no member of any county board of education shall be eligible to sell to any county board of education any supplies used, consumed or necessary in the operation of any public schools; 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 Section 32-1014 of the Code of Georgia of 1933, relating to the Annual Report of County Superintendents to the Grand Jury, be, and the same is, hereby amended by inserting the word fiscal immediately before the word year and by striking therefrom the word Spring immediately before the word term, and inserting the word Fall immediately before the word term so that said Section 32-1014 of the Code of Georgia of 1933, when so amended, shall read as follows: It shall be the duty of the County Superintendent of Schools to make a report of the school operations of the preceding fiscal year to the Grand Jury, at the Fall Term of the court, and to place his books before them for examination; and in making up the general presentments it shall be the duty of the jury to take proper notice of the matters thus brought to their attention. 32-1014 amended. 32-1014 as amended. Section 2. That Chapter 32-9 County Boards of Education

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of the Official Code of 1933 be amended by adding a new section to said chapter, to be appropriately numbered, and which section shall read as follows: No member of any county board of education in this State shall sell to any county board of education any supplies or equipment used, consumed or necessary in the operation of any public school in this State. Ch. 32-9 amended. Section added. Section 3. Any member of any county board of education violating the provisions of the above section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. Violation misdemeanor. Section 4. Should any provision of this Act be declared unconstitutional, it is hereby declared to be the intent of the General Assembly that the part of this Act not declared unconstitutional would have been enacted without the unconstitutional provision. Legislative intent. Section 5. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 17, 1943. COUNTY SCHOOL SUPERINTENDENTSCLERICAL HELP. 32-1006. No. 127. An Act to amend Section 32-1006 of the Georgia Code of 1933 relating to the compensation of county superintendents of schools, by providing that the county board of education may authorize the county superintendent of schools to employ clerical and office help and allow him compensation for the expenses so incurred; 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 32-1006 of the Georgia Code of 1933 relating to the compensation of county superintendents of schools be, and the same is hereby amended by adding at the end of said section the following: The county board of education may authorize the county superintendent of schools to employ clerical and office help, and may compensate him for the expenses of such help as in their judgment is just and proper. 32-1006 amended. So that said Section as amended shall read as follows: Each county superintendent of schools shall receive a minimum salary of $450 per annum, and an annual allowance of $150 for the purpose of defraying the expenses of visiting the schools within his county at least every 60 days, or a total of $600, which salary shall be paid out of the school funds of Georgia monthly; and in addition thereto, the county board of education shall allow such additional compensation for the services to be rendered as may be in their judgment proper and just. The county board of education may authorize the county superintendent of schools to employ clerical and office help and may compensate him for the expenses of such help as in their judgment is just and proper. Clerical help. 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 February 22, 1943.

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COURT REPORTER COWETA CIRCUIT. 24-3103, 24-3104. No. 183. 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 of the court reporters, by providing for additional compensation of the court reporter in the Coweta Judicial Circuit; to repeal conflicting laws; and for other purposes. Be 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: 24-3103 amended. Provided, however, that in addition to the compensation above provided the official reporter of the Superior Courts of the Coweta Judicial Circuit shall be paid the sum of $15.00 per day for attending court each day the court shall be in session for the trial of civil cases, which sum shall be paid on the order of the presiding judge out of the county funds of the county in which the court is held. Proviso added. Compensation. Section 2. That Section 24-2104 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: 24-3104 amended. In addition to the compensation provided in this section, the official court reporter of the Coweta Judicial Circuit of Georgia, shall be paid, in the discretion of the presiding judge, the sum of fifteen dollars per day for attending court each day the presiding judge shall require

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said reporter to attend the court for the disposition of criminal cases without a jury, said additional sums to be paid upon the order of the presiding judge as above provided. Proviso added. Additional compensation. Section 3. This amendment shall not affect the compensation provided in this section for the transcribing of felony cases in which a conviction is had. Section 4. All laws or parts of laws in conflict with this Act is hereby repealed. Approved February 26, 1943. COURT REPORTER GRIFFIN CIRCUIT. 24-3104. No. 185. An Act to amend section 24-3104 of the Code of Georgia (1933), relating to the compensation of court reporters in criminal cases; to provide a salary for the official court reporter of the Griffin Judicial Circuit in lieu of the compensation provided in code section 24-3104, and to prescribe his duties; to provide for the levy and collection of a tax by the authorities of the various counties comprising said Griffin Judicial Circuit to pay the salary of said court reporter; to authorize the Judge of the Circuit to enforce the payment of said salary out of fees, costs and funds, to provide for the expiration of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, the official court reporter of the Griffin Judicial Circuit shall be paid a salary of $200.00 per month, in lieu of all

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compensation in criminal cases provided in code section 24-3104. Each of the counties comprising said Circuit shall pay monthly such part or portion of said salary as its population bears to the total population of all the counties of said Circuit, according to the latest official Federal Census: Provided that the payment of said salary may be enforced by the Judge of the Circuit out of court fees, costs and funds, if the county is delinquent in the payment of same. The authorities of each of said counties are authorized to levy and collect a tax to defray its part of such salary, which shall be paid in addition to the compensation of the reporter in civil cases, provided in code section 24-3103. 24-3104 amended. Salary. How paid. Source. Tax. Section 2. The appointment, removal, oath of office, and duties of the court reporter shall be the same as now provided in code section 24-3101, except that it shall be the duty of the reporter, when directed by the Judge of the Circuit, to take down and transcribe the testimony in coroner's inquests, and commitment hearings of capital felonies. Duties. Section 3. This Act shall remain in force and effect until six (6) months after the close of the present war, and no longer, at which time the same shall automatically expire and be of no force and effect. Expiration. Section 4. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 2, 1943. COURT REPORTER PIEDMONT CIRCUIT. 24-3103, 24-3104. No. 172. 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 additional compensation

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for the court reporter of the Piedmont 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: 24-3103 amended. Provided, however, that in addition to the compensation above provided, the official reporter of the Superior Court of the Piedmont 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 of which the trial is had. $15.00 per day. Section 2. All laws or parts of laws in conflict with this act are hereby repealed. Approved 24, 1943. CREDIT UNION EXAMINATION FEES. 25-122, 25-123. No. 419. An Act to amend Title 25, Chapter 25-1, Civil Code of 1933, relating to credit unions so as to increase the amount each credit union shall pay for annual examinations by the State Banking Department as outlined in Section 25-122, and by striking Section 25-123 entitled Taxes to which subject and inserting in lieu thereof a new section which shall provide that credit unions shall be assessed upon the full market value of their capital

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stock belonging to members, including surplus and undivided profits, at the same rate provided by law for the taxation of other property in the hands of private individuals, in addition to ad valorem taxes upon their real estate, the latter to be deducted from the market value of such shares or capital stock, to provide for the filing of returns by credit unions, 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, that the various statutes concerning and regulating credit unions in this state, as contained in Title 25, Chapter 25-1 of the Civil Code of Georgia of 1933, and Acts amendatory thereto, be and the same are hereby amended in the following particulars to-wit: Ch. 25-1 amended. Section 1. That Section 25-122, Civil Code of 1933 entitled Report to Superintendent of Banks. Examination. Revocation of Certificates. Illegal Practices. Insolvency, the same is hereby amended by striking therefrom the scale of fees therein contained which each credit union shall pay for each annual examination, and for any other examination ordered by the Superitnendent of Banks, in proportion to its total resources or assets, and inserting in lieu thereof the following scale of charges which provide for an increase in such charges for the purposes of more thorough and complete examination, said new charges to be as follows beginning January 1, 1943: 25-122. Where the resources are $1,500 or less, $5.00; where the resources are more than $1,500 and not exceeding $2,500, $7.50; Fees. where the resources are more than $2,500 and not exceeding $5,000, $12.50;

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where the resources are more than $5,000 and not exceeding $10,000, $20.00; where the resources are more than $10,000 and not exceeding $20,000, $30.00; where the resources are more than $20,000 and not exceeding $30,000, $40.00; where the resources are more than $30,000 and not exceeding $50,000, $50.00; where the resources are more than $50,000 and not exceeding $75,000, $60.00; where the resources are more than $75,000 and not exceeding $100,000, $75.00; where the resources are more than $100,000 and not exceeding $150,000, $100.00; where the resources are more than $150,000 and not exceeding $250,000, $125.00; where the resources are more than $250,000, $150.00. Section 2. That Section 25-123 contained in said Title 25, Chapter 25-1, which is entitled Taxes to Which Subject is hereby amended by striking Section 25-123 and substituting in lieu thereof the following: 25-123. 25-123. Taxes to Which Subject. Credit unions shall not be subject to any tax except the ad valorem tax upon property imposed by the constitution of this state unless made subject thereto by express provision of law specifically naming credit unions and making them subject thereto. All ad valorem taxes against credit unions shall be assessed upon the full market value of their shares, including surplus and undivided profits, and not upon their assets, other than real estate, and the rate of such taxation shall not exceed the rate of taxation now imposed

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on banking corporations under provisions of Section 92-2406, Civil Code of 1933. Ad valorem tax. 92-2406. This section of this Act shall become effective on January 1, 1944. Section 3. That all laws or parts of laws in conflict herewith are expressly repealed. Approved March 20, 1943. CRIMINAL PROCEDUREBAIL. 27-904, 27-906. No. 469 An Act to amend Code Section 27-904 of the Code of Georgia of 1933, relating to surrendering of principal, costs, death of principal, by striking said section in its entirety and inserting in lieu thereof a new Section 27-904 to provide for surrendering of the principal, costs, death of the principal, to relieve penalty of bond, and for other purposes; and to amend Section 27-906 of the Code of 1933 providing for judgment against bail, service by publication, and for other purposes, by repealing said section in its entirety and inserting in lieu thereof a new Section 27-906 to provide for judgment against bail, service by publication, 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 27-904 of the Code of Georgia of 1933, relating to surrendering of principal, costs, death of principal, be and the same is hereby repealed and a new Section 27-904 is inserted in lieu thereof, to read as follows: 27-904. Repealed. 27-904. Bail surrendering principal; costs, death of

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principal.Bail may surrender their principal in vacation to the sheriff, or in open court, in discharge of themselves from liability, and such privilege shall continue to the last day of the term, without liability for costs for a forfeiture of the bond. After forfeiture, and before final judgment, the bail may, at any time, surrender their principal, upon payment of all costs accruing up to that time. The death of the principal at any time before final judgment shall be equivalent to a surrender, and the court shall, after final judgment, relieve the sureties of the penalty of the bond upon surrender of the principal and payment of the costs. New section. Surrender of principal. Section 2. That Section 27-906 of the Code of Georgia of 1933, providing for judgment against bail, service, service by publication, be and the same is hereby repealed and a new Section 27-906 is inserted in lieu thereof, to read as follows: 27-906 Repealed. The clerk shall issue a scire facias on all forfeited bonds, recognizances, or other obligations, returnable to the next term of such court, against the principal and his sureties, which shall be served by the sheriff or his deputies at least 20 days before the return thereof, or, if the party resides out of the county, the sheriff or his deputies in the county wherein the bond is forfeited shall have the authority to serve the principal and sureties in any county in this State. If the party resides out of the State, scire facias may be served by publication as in case of scire facias to revive judgment. If, at such return term, no sufficient cause shall be shown to the contrary, judgment, on motion, shall be entered against such principal and sureties or such of them as have been served. New section. Scire facias. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 20, 1943.

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DEPARTMENT OF LAW CREATED. 40-1607 et seq. No. 154. An Act to reorganize the State Department of Law by repealing Code Sections 40-1607, 40-1608 and 40-1609 relating to the Department of Law, Attorney General, Assistant Attorneys General, employment of counsel, etc.; to create a Department of Law; to provide for an Attorney General and Assistants; to fix salaries; to vest complete authority and jurisdiction in certain matters in the Department of Law; to prevent the employment of additional counsel; to provide for removals; to authorize and empower the Attorney General to investigate State Departments, Agencies, etc.; to compel evidence and assistance; to authorize the subpoena of witnesses, etc.; to provide penalties; to authorize criminal and civil prosecution in certain cases; to require the services of prosecuting attorneys; to provide method of indictment; to authorize recovery actions in certain cases; to provide for a special Attorney General upon failure of Attorney General to act; to empower the Governor and General Assembly to make investigations, etc.; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 40-1607 of the Georgia Code of 1933 relating to the Department of Law, Attorney General and Assistants; Section 40-1608 of the Georgia Code of 1933 relating to Assistant Attorneys General, appointment, removal, etc.; and Section 40-1609 of the Georgia Code of 1933 relating to authority of Department, employment of counsel, etc., be and the same are hereby repealed in their entirety. 40-1607, 40-1608, 40-1609, Repealed.

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Section 2. There is hereby created a Department of Law, with the Attorney General at the head thereof, with such number of Assistant Attorneys General of equal rank among said Assistants as the Governor, with the approval of the Attorney General, shall deem to be needed. The said Assistant Attorneys General shall give their full time to the duties of the office, and shall not otherwise engage in the practice of law during their tenure of office. One of said Assistant Attorneys General shall serve the Highway Department as its special attorney; another shall serve the Revenue Department as its special attorney, and another shall serve the Public Service Commission as its special attorney; the salaries of the three said Assistants shall be paid out of the funds appropriated to the Department of Law. The Attorney General shall be paid $6,000.00 per annum payable monthly. Department of Law created. Salary of Atty. Gen. Section 3. All of said Assistant Attorneys General shall be appointed by the Governor with the approval of the Attorney General, and subject to confirmation by the Senate, except one Assistant who shall be appointed by the Attorney General. Each Assistant Attorney General shall receive a salary of $5,000.00 per annum payable monthly. Any Assistant Attorney General may be removed at any time by the Governor with the approval of the Attorney General, or such Assistant Attorney General may be removed by the Attorney General with the approval of the Governor. Salaries of Asst. Attys. Gen. Section 4. The Department of Law is hereby vested with complete and exclusive authority and jurisdiction in all matters of law relating to every department of the State other than the judicial and legislative branches thereof. The several departments, commissions, institutions, offices and boards of the State Government are hereby prohibited from employing counsel in any manner whatsoever. However, the Governor, with the concurrence of the Attorney General, in specific instances and on special causes may appoint therein

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and thereto for such temporary and specific services Deputy Assistant Attorneys General, to be compensated therefor as the Governor may direct. Authority. Temporary Assistants. Section 5. The Attorney General as the head of the Department of Law and as Chief legal officer of the State is hereby authorized and empowered at any time, other than when the General Assembly is in session, to institute and conduct investigations into the affairs of any department, agency, board, bureau, commission, institution or authority of the State; to require the services and assistance of any State official in the conduct of such inquiry and investigation; to compel evidence and subpoena witnesses; to inspect records, documents, correspondence and books of any department, agency, board, bureau, commission, institution or authority of the State; to require the production of records, documents, correspondence and books of any person, firm or corporation which relate, directly or indirectly, to dealings with the State, any of its departments or adjuncts. Any person, firm or corporation, State Official or employee, denying to the Attorney General access to such records, etc., or failing and refusing to adduce evidence or to respond to subpoena shall be guilty of a misdemeanor and upon conviction thereof punished as provided by law. Investigation of Depts. Penalty. Section 6. The Attorney General as the head of the Department of Law and as Chief legal officer of the State is hereby authorized and empowered to prosecute in the criminal courts of this State any official, person, firm or corporation for violation of any criminal statute in dealing with or for the State, or any official or employee thereof, or any department, agency, board, bureau, commission, institution or appointee thereof; and the Attorney General is authorized and empowered to call upon the prosecuting officer of any State court to assist in or to conduct such prosecution, and when so requested by the Attorney General, it shall be the duty of any such solicitor general, solicitor,

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or prosecuting officer of this State to assist in or conduct such prosecution for and in behalf of the Attorney General and the State. Prosecutions. Section 7. Before an indictment against any State official charging him with misfeasance or malfeasance in office shall be laid before a grand jury, the rights provided in Section 89-9908 of the Georgia Code of 1933 relating to county officials shall be afforded the said state official and the Attorney General of Georgia shall be notified of such contemplated action, by the solicitor general of the county wherein the grand jury shall convene. 89-9908. Section 8. The Attorney General as head of the Department of Law and as the chief legal officer of the State is hereby authorized and empowered to file and prosecute civil recovery actions in the name of the State against any person, firm or corporation for violation of any statute in dealing with the State, any official or employee thereof, or any department, agency, board, bureau, commission, institution or authority of the State of Georgia which results in loss, damage or injury to the State, any of its departments, adjuncts or taxpayers. Civil Actions. Section 9. The Governor may at any time direct the Attorney General to conduct an investigation into the affairs of any department of the State or into the official conduct of any State Official, or employee, or into the affairs of any person, firm or corporation dealing with the State. Provided further the Governor may at any time direct the Attorney General to file and prosecute criminal actions and civil recovery actions in the name of the State against any official person, firm or corporation for violation of any criminal or civil statute in dealing with or for the State which results in loss, damage or injury thereto. In the event the Attorney General refuses to take or file such action within a reasonable time after having been directed by the

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Governor so to do, the Governor is authorized and empowered to appoint a special Attorney General to carry out the requirements of law herein provided. Investigations directed by Governor. Special Atty. Gen. Section 10. In addition to the power conferred upon the Attorney General in this Act, the Governor or the General Assembly is authorized likewise to make investigations, including investigation of the State Department of Law or the offices of the Attorney General or any agency under his control and all authority and rights granted to the Governor and the General Assembly shall be as complete and absolute as those granted hereunder to the Attorney General. In any civil or criminal action against the Attorney General, the Governor shall designate a Solicitor General, who shall be empowered, in such case, to act for the State. Additional powers. Section 11. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 18, 1943. DEPUTY INSURANCE COMMISSIONERSALARY. No. 404. An Act to fix the salary of the Deputy Insurance Commissioner of the State of Georgia: to amend Section 56-102 of the Code of the State of Georgia, 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: 56-102 amended. Section 1. That from and after the approval of this Act, the salary of the Deputy Insurance Commissioner of the State of Georgia shall be $4200.00 per annum, payable

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monthly, and he shall not receive any other fees or compensation whatsoever by virtue of his office as Deputy Insurance Commissioner. $4200.00. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1943. DIVORCE CASESCOST DEPOSIT. 24-3406. No. 467. An Act to amend Code Section 24-3406, of the Georgia Code of 1933, fixing the deposits of costs required in divorce cases so as to increase the deposits in certain counties from Six ($6.00) Dollars to Fifteen ($15.00) Dollars, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act Code Section 24-3406 of the Georgia Code of 1933, entitled, Deposits of Costs required in Divorce Cases, be and the same is hereby amended by adding at the end of said section the following: 24-3406 amended. In all counties having a population under the last or any future federal census of not less than 81,000 and not more than 82,000, and in all counties having a population under the last or any future federal census of not less than 117,000 and not more than 218,000, all applicants for divorce shall be required to deposit with the Clerk of the Superior Court, before the filing of applican't petition for divorce the sum of Fifteen ($15.00)

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Dollars, as costs deposit, instead of Six ($6.00) Dollars as provided in the original Code section. Population. Cost deposit. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1943. ELECTIONSASSISTANCE IN PREPARING BALLOT. 34-1905. No. 431. An Act to amend Section 34-1905 of the Code of Georgia of 1933 relating to voting; procuring of ballot; duty of managers; spoiling ballot; assistance in preparing ballot, so as to provide for selection of any freeholder to aid any person who cannot read the English language or by reason of blindness, loss of the use of his hands or other physical infirmity, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 34-1905 of the Code of Georgia of 1933 relating to voting; procuring of ballot, duty of managers; spoiling ballot; assistance in preparing ballot, be and the same is hereby stricken in its entirety and a new Section 34-1905 of the Code of Georgia of 1933 is enacted in lieu thereof, and to read as follows: 34-1905 stricken. Only one voter shall be allowed in a compartment of a room or booth or enclosure at a time, and immediately upon entering the booth or compartment the voter must procure a ballot from the managers, immediately prepare, vote the same and retire. It shall be the duty of the managers before handing a ballot to the voter to

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ascertain that he is duly registered and qualified under the law to cast a vote, then write the name of the voter on the sheet of the ticket or ballot, and after the voter has prepared the ballot and before depositing the same in the ballot box, it shall be the duty of the manager to see that the ticket attempted to be voted by the voter bears the same letter or designation and the same number as the sheet on which appears the name of the identical voter, and it shall be unlawful for any manager or clerk to receive or count any ticket or ballot except in conformity with these regulations, and any voter attempting to vote any other ticket or ballot, knowingly or wilfully, shall lose his vote for the election in which he offers to vote. If a ticket shall be spoiled by a voter it shall be the duty of the managers, before delivering another ticket or ballot to the voter, to get from the voter the ticket or ballot so spoiled. Any voter applying to vote who shall state under oath in writing to any of the managers, which said oath may be administered by any of the managers, that by reason of his inability to read the English language, or by reason of blindness or the loss of the use of his hands or other physical infirmity, he is unable to prepare his ballot, may have the assistance of any two managers, jointly or separately, in the preparation of his ballot, or may select any freeholder of his choice to aid him in the preparation of his ballot. No voter shall at any time take or remove any ticket or ballot from the polling place. The managers shall preserve these written oaths or affidavits, and return them with the other election papers to the proper officials. New section. Voting regulations. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1943.

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ELECTIONSCANDIDATES, BALLOTS. 34-1904. No. 415. An Act to amend Section 34-1904 of the Code of Georgia of 1933, providing for ballots in elections other than primary elections, by adding a proviso that candidates for office must file a petition from not less than five per cent of the registered voters of the territory or that the party nominating them shall have cast not less than five per cent of the votes for that officer at the last general election; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 34-1904 of the Code of Georgia of 1933, providing for ballots in elections other than primary elections, be, and the same is hereby, amended as follows: 34-1904 amended. By adding after the word necessary in the nineteenth line thereof, the following words, to-wit: Provided, further, that such candidate shall also file a petition for that purpose signed by not less than five per cent of the registered voters in that territory or that such political party shall have cast not less than five per cent of the votes in the last general election next preceding for the election of such officer. Petition by candidate. Section 2. Nothing in this Act shall be construed as applying to special elections. 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 20, 1943.

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ELECTIONSVOTERS LIST FOR EACH PRECINCT. 34-401. No. 86. An Act to amend Section 34-401 of the Code of Georgia of 1933 so as to provide that in counties having a population of not less than 86,000, and not more than 88,000, according to the United States census of 1940 or any future census, the County Registrars shall prepare separate registered voters lists for each voting precinct in Militia Districts containing more than one precinct; to provide that persons may vote only at the precinct upon which they are so listed; to provide a penalty for the violation of this act and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That Section 34-401 of the Code of Georgia of 1933 be and the same is hereby amended by adding to said section the following words: 34-401 amended. The County Registrars shall, in each Militia District of the County containing more than one voting precinct, prepare a separate registered voters list for each voting precinct in said Militia District. In preparing said lists they shall place the name of each voter on the list of the precinct most conveniently located for him, the question of convenience to be determined by the Registrars, unless requested by a voter to place his name on a different list, in which event the voter's name shall be placed on the list requested by him, but in no case shall any voter's name appear on more than one list. Registered voters list. Section 2. Be it further enacted that it shall be unlawful for any person to cast his ballot at any voting precinct other

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than the one upon which his name is listed as a registered voter, and that any willful violation of this section shall be punished as for a misdemeanor, provided however, that nothing in this act shall be construed as preventing those voters in rural precincts where the polls close at 3:00 o'clock P. M. to cast their ballot at the Court House precinct after the closing of said polls as now provided by law. Place to vote. Section 3. The provisions of this act shall apply to all State and County elections and primaries. Section 4. This act shall apply and be of force only in those Counties of this State having a population of not less than 86,000, and not more than 88,000, according to the United States census of 1940 or any future census. Population. Section 5. This act shall become effective and of force upon approval by the Governor. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved February 16, 1943. FERTILIZER AND FERTILIZER MATERIALREGISTRATION. 5-1104, 5-1118. No. 453. An Act to amend Section 5-1104 of the Code of Georgia of 1933 relating to the sale of fertilizer or fertilizer material and to the registration of same with the Commissioner of Agriculture, to require all fertilizer companies to file with the Commissioner of Agriculture a statement under oath of all fertilizer sold and tags bought, and for other purposes; to amend Code Section 5-1118 of the

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Code of Georgia of 1933 relating to fertilizer tax tags, registration of same, the duty of the Commissioner of Agriculture to issue tags, inspection fee, to provide for consecutive numerical serial numbers on fertilizer tags, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 5-1104 of the Code of Georgia of 1933 relating to the sale of fertilizer or fertilizer material, the registration of same with the Commissioner of Agriculture, be and the same is hereby stricken in its entirety and a new Section 5-1104 of the Code of Georgia of 1933 is enacted in lieu thereof, and to read as follows: 5-1104 stricken. It shall not be lawful for any manufacturer or company, either by themselves or their agent, to offer for sale any fertilizer or fertilizer material that has not been registered with the Commissioner of Agriculture as required by this chapter. The fact that the purchaser waives the inspection and analysis thereof shall be no protection to said party selling or offering the same for sale. To require all fertilizer manufacturers or companies to file with the Commissioner of Agriculture a statement under oath of all fertilizer sold and all tags bought, setting forth fees and the last serial number, the report to be made by all fertilizer manufacturers or companies at the end of the fiscal year. New 5-1104. Fertilizer registered. Reports. Section 2. That Section 5-1118 of the Code of Georgia of 1933 relating to fertilizer tax tags, registration of same, the duty of the Commissioner of Agriculture to issue tags, and inspection fee, be and the same is hereby stricken and a new Section 5-1118 of the Code of Georgia of 1933 is enacted in lieu thereof and to read as follows: 5-1118 stricken. All manufacturers and manipulators or agents representing them, who have registered their brands in compliance

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with this Chapter, shall forward to the Commissioner of Agriculture a request for tax tags, stating that said tags are to be used upon brands of fertilizers or fertilizer materials registered in accordance with this Chapter, and said request shall be accompanied with the sum of 30 cents per ton as an inspection fee; whereupon it shall be the duty of the Commissioner of Agriculture to issue tags to parties applying, who shall attach a tag to each bag, barrel or package thereof; all fertilizer tags must have consecutive numerical serial numbers, which, when attached to said package shall be prima facie evidence that the seller has complied with the requirements of this Chapter. Any tags left in the possession of the manufacturer may be used for another season and shall not be redeemed by the Department of Agriculture. The entire amount arising from the fee of 30 cents a ton shall be paid into the State Treasury as rapidly as collected. Section 3. This Act shall not go into effect until January 1st, 1944. New 5-1118. Request for tags. Fee. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1943. FIDELITY INSURANCEJOINT CONTROL OF ASSETS. 56-1117. No. 399. An Act to provide for the joint control with any surety of money or securities or other assets by any administrator, executor, committee, guardian, trustee or any other fiduciary for whom a bond, undertaking, or other obligation is required.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That Chapter 56-11 of the Code of Georgia of 1933 be amended by adding a new section to be numbered 56-1117, which shall read as follows: Ch. 56-11. It shall be lawful for any party of whom a bond, undertaking or other obligation is required, to agree with his surety or sureties for the deposit of any or all moneys and assets for which he and his surety or sureties are or may be held responsible, with a bank, savings banks, safe-deposit or trust company, authorized by law to do business as such, or with other depository approved by the Court or a judge thereof, if such deposit is otherwise proper, for the safekeeping thereof, and in such manner as to prevent the withdrawal of such money or assets or any part thereof, without the written consent of such surety or sureties, or an order of court, or a judge thereof made on such notice to such surety or sureties as such court or judge may direct; provided, however, that such agreement shall not in any manner release from or change the liability of the principal or sureties as established by the terms of the said bond. New 56-1117. Deposit of funds in bank. 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 19, 1943.

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FINANCE COMMISSION CREATED. 40-204, 40-411 et seq. No. 15. An Act to amend Chapter 40-4 of the Code of Georgia of 1933 relating to the operations of the Budget Bureau and to amend Section 40-204, 40-1101 and Section 40-1505 relating to the payment of funds from the State Treasury on appropriation accounts by adding additional sections at the end of said chapter; create a Finance Commission; to provide the purpose, authority, powers, duties, membership, compensation of said Commission; to provide for the establishment, method, operation and authority of the Finance Commission with reference to Budget Appeals; to limit the authority of the Finance Commission and Budget Bureau officials in striking the name of any employee of the State from a budget or requisition for funds; to provide for filing of charges against employees; to provide for a determination of such charges; to provide for severance of employment in the event the charges are found to be true; to provide for a right of appeal by a department head or employee; and to provide for an issuing of warrants on the State Treasury in conformity with budget approvals; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Chapter 40-4 of Code of Georgia of 1933 relating to the Budget Bureau be, and the same is, hereby amended by adding at the end of Chapter 40-4 of Code of 1933 the following sections to read as follows: Ch. 40-4 amended. Section 40-411To the end that all agencies of the State shall have a just hearing and an unbiased determination of appropriation needs of the respective agency before the preparation and submission of a Budget Bill

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to the General Assembly as required by the Budget Act which is now in force and effect, and to the end that all agencies of the State may have an appeal from the action of the Budget officials in the disapproval of a budget, there is hereby established a Finance Commission consisting of the Governor, President of the Senate, Speaker of the House of Representatives, Chairman of the Appropriation Committee of the Senate, Chairman of the Appropriation Committee of the House of Representatives. The members of the General Assembly herein designated shall be compensated each at the same per diem rate while attending a meeting of the Finance Commission as he receives for his services in the General Assembly and he shall also be paid his actual travel expense, both to be paid from the legislative fund; all other members of the Commission shall serve without extra compensation. 40-411. Finance Commission created. Per diem. Section 40-412The Finance Commission herein established shall actively assist the Governor in the preparation of the Budget for submission to the General Assembly as required by law and shall meet in the State Capitol at such time as a Governor or Governor-elect may direct, for this purpose. The Finance Commission shall meet also on call to act on any budget appeals that may be filed by the various State agencies, advise with the Governor in his performance of the official duties as required in Section 40-413 of this Act and to make recommendations to the Governor to aid him in promoting economy and efficiency in the operations of the State Government. 40-412. Budget. Meetings. Section 40-413After final action by the Budget officials on a Quarterly Budget Request submitted by any department, board, bureau or agency of the State in accordance with provisions of Section 40-407 of the Code

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of 1933, if the head of a State agency desires to appeal from the action of the Budget officials in approving or disapproving the quarterly budget submitted for the operations of their respective agency, the responsible head of the spending agency shall file in writing with the Governor, a request for a hearing before the Finance Commission, and the Governor shall within five days after the notice of appeal is filed, set a date for a hearing and notify the respective members of the Finance Commission, who shall meet on the day specified, in the State Capitol for the purpose of hearing the appeal. After hearing the evidence on the action taken by the officials of the Budget Bureau and the evidence presented by the agency head, if the Finance Commission by a majority of vote of its membership holds in favor of the agency presenting the appeal, then the Board shall request the agency to amend its Budget Request to conform with the findings of the Commission. The amended budget which conforms to findings of the Finance Commission in the event of an appeal shall be transmitted with the written approval of the majority of the members of the Finance Commission to the State Auditor who shall be governed thereby in his control of expenditures as now provided by law. No person shall have the authority to change within the quarter the allotment of funds authorized by approval of the Finance Commission. In the event the Finance Commission does not concur in the appeal of the head of a State agency, they shall transmit notice in writing of this action to the State Auditor who shall be governed thereby in his control of expenditures as now provided by law. 40-413 Appeal. Section 40-414After the approval of a Quarterly Budget by the Budget officials, the Governor is authorized to execute his warrant on the Treasury or he is hereby authorized to delegate this duty to the State

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Auditor. In the event of an appeal on the Budget and same being approved by a majority of vote of the Finance Commission, the State Auditor is authorized to draw his warrant on the State Treasury in conformity with the approved budget and the Comptroller General is authorized, after receiving the warrant signed by the State Auditor and after checking same as now required by law and found to be correct, to countersign same and transmit the warrant to the State Treasurer for payment, who is hereby authorized to pay the warrant if same conforms to the provisions of the appropriation made for such purpose. 40-414. Warrants. Section 40-415On and after the passage of this Act, neither the Governor in his official capacity nor the Finance Commission shall have the power to arbitrarily strike the name of any individual employed by the State from a requisition for allotment of funds or from the Budget of any department or agency of the State Government. 40-415. Provided, however, that upon information being received that any individual employed by the State or any department or agency thereof is guilty or is alleged to be guilty of irregularities, misconduct, malpractice, malfeasance, misfeasance, incompetence, incapability or inefficiency in the conduct of his or her official duties, the department head employing said person shall be notified of such charges and if the department or agency head takes the position that the charges are unfounded and fails or refuses to discharge the individual against whom the complaint is lodged, it shall be the duty of the Governor to hear the complaint and if, in his opinion, the facts sustain the truth of the accusation, the said individual shall stand discharged from State service. Should the department head employing the said person and the individual so discharged be aggrieved by the action of the Governor, he

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shall have a right of appeal by filing with the Governor a written notice of dissatisfaction and requesting that an appeal be entered in the matter. The Governor shall at the next meeting of the Finance Commission as herein provided, submit the matter to the Finance Commission which shall hear the appeal under such rules, regulations and procedure as it may be prescribed. The findings of a majority of the membership of the Finance Commission upon the question of whether or not the aggrieved person shall be employed shall be final and said findings shall be filed in writing with the department head, the person discharged and with the State Auditor. Nothing in this section shall effect the tenure of office of the elected officials of this State nor shall it effect the tenure of office of appointed officials of this State who have been confirmed by the Senate as required by law. Hearings. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 5, 1943. FIRING WOODS WILLFULLY AND MALICIOUSLY. 26-3603. No. 465. An Act to amend Chapter 26-36 of the Code, same being entitled, Firing the Woods, by adding a new section thereto to be known as Section 26-3603 providing that it shall be a felony for any person to maliciously and willfully fire woods; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Chapter 26-36 of the Code, same being

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entitled Firing the Woods, be amended by adding a new section thereto to be known as Section 26-3603 and to read as follows: Ch. 26-36. Any person who willfully and maliciously sets fire to woods, lands or marshes, shall be guilty of a felony and so punished. New 26-3603 Felony. Section 2. Upon conviction, such person shall be punishable by confinement in the penitentiary for not less than one (1) nor more than two (2) years. Section 3. That all laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 20, 1943. GASOLINE AND KEROSENE SPECIFICATIONS. 73-216. No. 420. An Act to amend Section 73-216 of the Code of Georgia of 1933, relating to the specifications for the sale of gasoline and kerosene in the State of Georgia, by adding to said Code Section a provision that such specifications may, during the period of the war emergency, be changed by the order of the Commissioner of Revenue; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That there is hereby added to Section 73-216 of the Code of Georgia of 1933 a new sub-paragraph to read as follows: 73-216 amended. Provided that the Commissioner of Revenue under the advice of the State Oil Chemist may from time to time change any of the specifications relating to gasoline

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or kerosene sold or offered for sale in the State of Georgia so far as such change may be needful or necessary to cooperate with the other States and with the government of the United States during the period of the war emergency, and further provided that the Commissioner of Revenue may restore such specifications to those now provided by law as soon as he shall, in his uncontrolled discretion, determine that such action will not interfere with the war effort of the United States. The Commissioner of Revenue shall effect any change in such specifications by publication of the proposed change in the newspaper in which sheriff's sales are advertised in each county of the State once a week for the two calendar weeks next preceding the effective date of such change as set forth in such notice of such change, Sperifications changed. Publication. so that said section as amended shall read as follows: 73-216. Test of gasoline and oils; specifications; change of specifications.No manufacturer, refiner, vendor, jobber, or wholesaler shall sell, or expose or offer for sale, any gasoline for heating or power purposes, which shall not comply with the following distillation test: 1. Corrosion test. A clean copper strip shall not be discolored when submerged in the gasoline for three hours at 122 degrees F. Test. 2. Distillation. When the first drop falls from the end of the condenser, the thermometer shall not read more than 55 degrees C. (131 degrees F.) When 20 per cent has been recovered in the receiver, the thermometer shall not read more than 105 degrees C. (221 degrees F.). When 50 per cent has been recovered in the receiver,

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the thermometer shall not read more than 140 degrees C. (284 degrees F.). When 90 per cent has been recovered in the receiver, the thermometer shall not read more than 200 degrees C. (392 degrees F.). The end point shall not be higher than 225 degrees C. (437 degrees F.). At least 95 per cent shall be recovered as distillate in the receiver from the distillation. 3. Sulphur. Sulphur shall not be over 0.25 per cent. Provided, however, that the Commissioner of Revenue may upon proper notice as provided in this Act decrease the Sulphur content specification to any figure down to a minimum of 0.125. All the foregoing test shall be made in accordance with the methods for testing gasoline contained in Technical Paper 323A, United States Government Bureau of Mines, Department of the Interior. No manufacturer, jobber, wholesaler, or vendor shall sell, offer, or expose for sale any kerosene oil for use or intended to be used for heating, cooking, or power, purposes, which shall not comply fully with the following distillation test: 1. Color. The color shall not be darker than No. 16 Saybolt. 2. Flash point. The flash point shall not be lower than 100 degrees F. 3. Sulphur. The sulphur shall not be more than 0.125 per cent. 4. Flock. The flock test shall be negative. 5. Distillation. The end point shall not be higher than 625 degrees F.

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6. Cloud point. The oil shall not show a cloud at 5 degrees F. 7. Burning test. The oil shall burn freely and steadily for 16 hours, in a lamp fitted for a No. 2 hinge burner. All of the foregoing tests for kerosene shall be made according to the methods for testing kerosene contained in Technical Paper 323A, United States Government Bureau of Mines, Department of the Interior: Provided, that the Comptroller General may from time to time change these specifications to agree with those adopted and promulgated by the United States Government Bureau of Mines: Provided further, that 60 days' notice shall be given all manufacturers, refiners, and jobbers doing business in this State, before any such changes shall become effective. Change of specifications. Provided that the Commissioner of Revenue under the advice of the State Oil Chemist may from time to time change any of the specifications relating to gasoline or kerosene sold or offered for sale in the State of Georgia so far as such change may be needful or necessary to cooperate with the other States and with the government of the United States during the period of the war emergency, and further provided that the Commissioner of Revenue may restore such specifications to those now provided by law as soon as he shall, in his uncontrolled discretion, determine that such action will not interfere with the war effort of the United States. The Commissioner of Revenue shall effect any change in such specifications by publication of the proposed change in the newspaper in which sheriff's sales are advertised in each county of the state once a week for the two calendar weeks next preceding the effective date of such change as set forth in such notice of such change.

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Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 20, 1943. GEORGIA STATE BUREAU OF EMBALMING. 84-803, 84-804. No. 342. An Act to amend Chapter 84-8 of the Code of Georgia of 1933 entitled Embalmers, the same creating the Georgia State Board of Embalmers, defining their duties, etc., by repealing Section 84-803, the caption of same providing: Georgia State Board of Embalming; creation; membership; appointment; qualification; vacancies, by striking and repealing said Section in its entirety and substituting in lieu thereof a new Section 84-803, creating a Georgia State Board of Embalmers; providing for their appointment and the filling of vacancies; qualifications and license fees; to repeal Section 84-804 in its entirety, the caption of said Section reading: Term of office of Board Members; removal from office. by substituting in lieu thereof a new Section 84-804 providing the term of office for Board members and removal of same for cause; 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 84-803 of the Code of 1933, the caption of said Section reading: Georgia State Board of Embalming; creation; membership; appointment; qualifications; vacancies. be amended by striking and repealing said Section in its entirety, and substituting in lieu thereof a new Section 84-803 which shall read as follows: Section 2. There shall be created a board to be known as the Georgia

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State Board of Embalming. The Board shall consist of six members to be appointed by the Governor. The members shall be practical licensed embalmers in good standing, with renewal license fees paid up to date, having experience in the business and the care of and the disposition of dead human bodies, and shall be residents of the State. 84-803 Repealed. New 84-803 Board created. Qualifications. Section 2. That Section 84-804 of the Code of Georgia of 1933, the caption of said Section reading: Term of office of Board members; removal from office. be amended by striking and repealing said Section in its entirety, and substituting in lieu thereof a new Section to provide the following: Section 3. Each member of the Georgia State Board of Embalmers shall serve for a period of four years from the date of his appointment or until his successor shall be named. Anyone having served as a member of said Board shall be eligible for re-appointment. The Governor shall have the power to remove from office any member of the Board for neglect of duty, incompetency or improper conduct. 84-804 Repealed. New 84-804. Section 3. That all laws or parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1943. GUARDIAN AND WARDSALES FOR REINVESTMENT. 49-203 et seq. No. 305. An Act to amend Chapter 49-2 of the Code of Georgia of 1933, which defines the powers, duties and liabilities of guardians and to amend Chapter 49-4 of the Code of Georgia of 1933, which provides for the sale and conveyance by a non-resident guardian or trustee of property

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of his ward or cestui qui trust lying or being in this State, by amending Section 49-203 by fixing the venue of applications for leave to sell for reinvestment and by amending Section 49-204 by prescribing the method of service upon certain wards, and by amending Section 49-410 by providing that a non-resident committee of the property of an incompetent person who shall reside in any other State shall be authorized to sell and convey any property of his ward or cestui que trust, lying or being in this State, under the rules and regulations as are now provided for guardians and trustees; and for other purposes: Be it enacted by the General Assembly of Georgia: Section 1. That Chapter 49-2 of the Code of Georgia of 1933, which prescribes the powers, duties and liabilities of guardians, be amended by amending Section 49-203 thereof, which authorizes sales for reinvestment by order of the judge of the superior court, by adding after the word appointment, in the third line of said Section, the words: or, in case of a foreign guardian, of the judge of the superior court of the county in which all or any part of the property is situated, so that said Section 49-203, as amended, shall read as follows: 49-203 amended. 49-203. Sale of Estate for Reinvestment. By order, in term time or vacation, of the judge of the superior court of the county of the guardian's appointment, or in the case of a foreign guardian, of the judge of the superior court of the county in which all or any part of the property is situated, any guardian may sell the whole or any part of the estate of his ward, for reinvestment and upon such terms and at such time and place as said judge may order. To read. Section 2. That said Chapter 49-2 of the Code of Georgia of 1933 be further amended by amending Section 49-204,

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which provides for service of applications to sell for reinvestment, by adding at the end thereof the following language, to-wit: Provided, however, that if the ward shall be a non-resident of this State, or because of absence from the State cannot be served personally, the judge of the superior court may, upon presentation of the petition and upon satisfactory proof that personal service is impossible or reasonably impracticable, direct substituted service in lieu of personal service upon such ward. In such case, the judge shall, by order entered upon presentation of the petition, set the time and place for hearing the same, appoint a guardian ad litem for such ward, and direct personal service of the petition and order upon such guardian ad litem, upon one or more of the next of kin of the ward, if any, within this State other than the guardian, provided such next of kin can be found after reasonable search, and upon the solicitor general of the circuit, ten (10) days before the time set for hearing. A copy of the petition and order shall be sent by the clerk, by registered mail, to the ward at his last known address, as shown by the verified petition or an amendment thereto. It shall be the duty of the solicitor general and of the guardian ad litem to represent the ward at such hearing, and to perform such other duties in connection therewith as the judge may require. Nothing in this proviso shall be construed to dispense with the publication required by this Section, but the judge may, in his discretion, direct such publication after the presentation of the petition, so that said Section 49-204, as amended, shall read as follows: 49-204 amended. 49-204. Notice of application for order to sell and reinvest estate; petition; hearing, guardian ad litem.Before application shall be made for an order to sell and reinvest, such guardian shall publish once a week for four weeks in the newspaper in which county advertisements are usually published in the county of said guardian's appointment,

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and, if the property sought to be sold shall be land, also in the county where the land lies, a notice of his intention to apply for such order, which notice shall describe the property sought to be sold, and the reasons for making the application, and the time and place where said application shall be made. If said application shall be made in vacation, the judge may hear and pass upon the same at any place within his judicial circuit, as business heard in chambers. Said guardian shall, in his petition, fully describe the property sought to be sold, the income therefrom, the expense, if any, of keeping the same, the reasons for asking the sale, describe the property in which he wishes to reinvest the proceeds, and whether he seeks to sell the property privately or at public outcry. Said petition shall be verified by the oath of the guardian. The guardian shall cause a copy of said petition to be served personally upon each of his wards who is over the age of 14, and shall also cause a copy of said petition to be served personally upon one of more of the next of kin of said ward, which next of kin shall be other than the guardian. Service of all said copies shall be made at least 10 days before the time of hearing the application. At the hearing the judge, before granting the application, shall carefully examine into the matter, and satisfy himself by evidence other than the verified petition that said order to sell and reinvest should be granted. The judge shall also appoint a guardian ad litem, as provided for the sale of trust estates where minors are interested. Provided, however, that if the ward shall be a non-resident of this State, or because of absence from the State cannot be served personally, the judge of the superior court may, upon presentation of the petition and upon satisfactory proof that personal service is impossible or reasonably impracticable, direct substituted service in lieu of personal service upon such ward. In such case, the judge shall, by order entered upon presentation

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of the petition, set the time and place for hearing the same, appoint a guardian ad litem for such ward, and direct personal service of the petition and order upon such guardian ad litem, upon one or more of the next of kin of the ward, if any, within this State other than the guardian, and upon the solicitor-general of the circuit, ten (10) days before the time set for the hearing. A copy of the petition and order shall be sent by the clerk, by registered mail, to the ward at his last known address, as shown by the verified petition or an amendment thereto. It shall be the duty of the solicitor-general and of the guardian ad litem to represent the ward at such hearing, and to perform such other duties in connection therewith as the judge may require. Nothing in this proviso shall be construed to dispense with the publication required by this section, but the judge may, in his discretion, direct such publication after the presentation of the petition. To read Publication of notice. Petition. Service. Guardian ad litem. Section 3. That said Chapter 49-4 of the Code of Georgia of 1933 be amended by amending Section 49-410, which provides that a non-resident guardian or trustee shall be authorized to sell and convey any property of his ward or cestui que trust, lying or being in this State, by adding after the word trustee in the second line of said Section the following: or committee of the property of an incompetent person; and by adding after the word trustee in the seventh line of said Section the following: or committee of the property of an incompetent person; and by adding after the word trustee in the tenth line of said Section the following: or committee of the property of an incompetent person; and by adding after the word trusteeship in the thirteenth line of said Section the following: or committeeship, so that said Section 49-410, as amended, shall read as follows: 49-410 amended. 49-410 (3116) Foreign guardian or trustee authorized to sell property.Any guardian or trustee or

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committee of the property of an incompetent person who shall reside in any other State is hereby authorized to sell and convey any property of his ward or cestui que trust, lying or being in this State, under the rules and regulation prescribed for the sale and conveyance of real estate by executors, administrators, guardians or trustees of this State: Provided, such foreign guardian or trustee or committee of the property of an incompetent person shall file and have recorded in the ordinary's or other proper office, at the time of making his application for sale, an authenticated exemplification of his letters of guardianship, or of his appointment as trustee or committee of the property of an incompetent person, and shall also file with the ordinary or other proper authority bond with good and sufficient security, in double the value of the property to be sold, for the faithful execution of such guardianship or trusteeship or committeeship as required by law. To read. Exemplification. Bond. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1943. HOTELS AND INNKEEPERSLIABILITY LIMITED. 52-110a. No. 443. An Act to amend Title 52 of the Code of Georgia entitled, Hotels and Inns, by adding to Chapter 52-1 a new Section to be known as Section 52-110a, and to provide that hotels and innkeepers shall not be responsible for loss or theft of valuables in excess of $300.00 where cash, jewelry, etc., box package, bag or other container where

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the valuables are kept in safe, or other depository where valuable are kept by the hotel; to provide that by written contract the hotel or innkeeper may assume a greater liability; to provide that notice of this restricted liability shall be posted in a conspicuous manner in all rooms occupied by guests; 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 Title 52 of the Code of Georgia, entitled Hotels and Inns be amended by adding a new Section to Chapter 52-1 to be known as Section 52-110a, and providing the following: Title 52 amended. 52-110a. No hotel, apartment hotel, or innkeeper shall be responsible in an amount in excess of $300.00 for the loss or theft of any valuables including cash, jewelry, etc. which are contained in a package, box, bag or other container left with hotel proprietor or innkeeper to be placed in the safe or other depository of the hotel or inn. Provided, however, that the liability of the hotel or innkeeper may be increased to an amount in excess of $300.00 by a written contract entered into between the parties providing a greater liability, provided the contract shall not call for any additional cost to guest. Liability in excess of $300.00. Contract. A notice containing the above provision of law shall be posted in a conspicuous place in all rooms of the hotel occupied by guests. Notice. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 20, 1943.

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HOURS OF LABOR BY MINORS. 54-205. No. 296. An Act to amend Section 54-205 of the Code of Georgia of 1933 relating to the hours of labor by all persons under 21 years of age in all manufacturing establishments or machine shops other than cotton and woolen manufacturing establishments and the time of meals and contracts, by changing the age from 21 years to 18 years; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 54-205 of the Code of Georgia of 1933 relating to the hours of labor by all persons under 21 years of age in all manufacturing establishments or machine shops other than cotton and woolen manufacturing establishments and the time of meals and contracts, be and the same is hereby amended by striking the numeral 21 appearing between the eighth and tenth words of said section and inserting in lieu thereof the numeral 18, so that when so amended said section will read as follows: 54-205. amended. The hours of labor by all persons under 18 years of age, in all manufacturing establishments or machine shops other than cotton and woolen manufacturing establishments except as modified by Chapter 54-3, shall be between sunrise and sunset, the usual and customary times for meals being allowed from the same; and any contract made with such persons or their parents, guardians, or others, whereby a longer time for labor is agreed upon or provided for, shall be null and void, so far as relates to the enforcement of said contracts against such laborers. To read. 18 years of age.

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Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 11, 1943. HUSBAND AND WIFERIGHTS AND LIABILITIES. Chapter 53-5. No. 243. An Act to amend Chapter 53-5 of the Code of 1933, said Chapter being entitled, Rights and Liabilities of Husband and Wife, by adding a new section to said Chapter, to be appropriately numbered, providing that from and after the passage of this Act a husband living with his wife shall not be entitled to, and shall not receive the salary or wages of his wife, except by her consent in writing; to repeal all laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Chapter 53-5 of the Code of 1933, said Chapter being entitled, Rights and Liabilities of Husband and Wife, shall be amended by adding a new section to said Chapter, to be appropriately numbered, which new section shall read as follows: Ch. 53-5 amended. Wife's wages. From and after the passage of this Act a husband living with his wife shall not be entitled to, and shall not receive the salary or wages of his wife, except by her consent. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 4, 1943.

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INCOME TAXALIMONY. 92-3107, 92-3109. No. 414. 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, and by an Act approved March 18, 1941, by amending Section 92-3107 of said Code as so amended relating to the definition of gross income by providing that alimony and separate maintenance received by a wife divorced from or separated from her husband shall constitute income to said wife; and by amending paragraph 92-3109 relating to deductions from gross income by adding a new sub-paragraph thereto which sub-paragraph shall provide that payments made by a husband divorced or legally separated from his wife shall be deducted from the gross income of the divorced or legally separated husband to the extent included in the wife's gross income as provided by section 92-3107 as amended, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: That title 92 (Public Revenue) Division 1 (Sources of Revenue) Part 9 (Income Taxes) Chapter 92-31 of the Georgia Code of 1933, as amended by an Act approved March 26, 1935, and by an Act approved March 30, 1937, by an Act approved December 29, 1937, by an Act approved February 16, 1938, and by an Act approved March 18, 1941, be and the same is amended in the following particulars: Section 1. That Section 92-3107 of said Code as so

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amended be further amended by adding to sub-paragraph (a) of said Section a sub-paragraph to be known as sub-paragraph (1), which said sub-paragraph shall read as follows: 92-3107 (a) amended. (1) In the case of a wife who is divorced or legally separated from her husband under a decree of divorce or of separate maintenance, periodic payments (whether or not made at regular intervals) received subsequent to such decree in discharge of, or attributable to property transferred (in trust or otherwise) in discharge of, a legal obligation which, because of the marital or family relationship, is imposed upon or incurred by such husband under such decree or under a written instrument incident to such divorce or separation shall be includible in the gross income of such wife, and such amounts received as are attributable to property so transferred shall not be includible in the gross income of such husband. This subsection shall not apply to that part of any such periodic payment which the terms of the decree or written instrument fix, in terms of an amount of money or a portion of the payment, as a sum which is payable for the support of minor children of such husband. In case any such periodic payment is less than the amount specified in the decree or written instrument, for the purpose of applying the preceding sentence, such payment, to the extent of such sum payable for such support, shall be considered a payment for such support. Installment payments discharging a part of obligation the principal sum of which is, in terms of money or property, specified in the decree or instrument shall not be considered periodic payments for the purpose of this subsection; except that an installment payment shall be considered a periodic payment for the purpose of this subsection if such principal sum, by the terms of the decree or instrument, may be or is to be paid within a period ending more than 10

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years from the date of such decree or instrument, but only to the extent that such installment payment for the taxable year of the wife (or if more than one such installment payment for such taxable year is received during such taxable year, the aggregate of such installment payments) does not exceed 10 per centum of such principal sum. For the purposes of the preceding sentence, the portion of a payment of the principal sum which is allocable to a period after the taxable year of the wife in which it is received shall be considered an installment payment for the taxable year in which it is received. To read. Alimony related to income tax. Section 2. That Section 92-3109 of said Code as so amended be further amended by adding thereto a new sub-paragraph to be known as sub-paragraph (h), which said sub-paragraph (h) shall read as follows: 92-3109 amended. (h) In case of a husband who is divorced or legally separated from his wife under a decree of divorce or of separate maintenance, amounts includable in the gross income of the wife under Section 92-3107 (a) (1) of the Georgia Code of 1933 as amended, payment of which is made by the husband within his taxable year. To read. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1943.

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INCOME TAXBANKS AND TRUST COMPANIES. 92-3105, 92-3107. No. 255. An Act To Amend an Act of the General Assembly amending the Income Tax Laws (Georgia Laws 1937, pages 109-148) by providing certain exceptions from the operation of the said Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Subsection (I) of Section 92-3105 of the Georgia Code of 1933, as amended, (Georgia Laws 1937, page 120) be and the same is hereby amended by striking therefrom the entire subsection (I) and by substituting in lieu thereof a new subsection (I) to read as follows: 92-3105 (1) stricken. Banks and trust companies, including Savings Banks incorporated under the banking laws of this State or of the United States, doing a general banking business. New subsection (1). Section 2. Subsection 7 of Section 92-3107 of the Georgia Code of 1933 as amended (Georgia Laws 1937, page 125) be and the same is hereby amended by striking therefrom the entire subsection 7 and substituting in lieu thereof a new subsection 7 to read as follows: 92-3107 Dividends received on stock of banks and trust companies incorporated under the banking laws of this State or of the United States. Subsection 7 to read. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 5, 1943.

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INCOME TAXEXEMPTIONS AND CREDITS. 92-3106. No. 446. An Act to amend Chapter 92-30 of the Code of Georgia entitled Income Taxes as amended by an Act approved March 30, 1937 (Ga. Laws 1937, pages 109-148), by striking and repealing Paragraph C of Section 92-3106, the same being entitled, Personal Exemptions and Credits and inserting in lieu thereof a new Paragraph C, providing an exemption of $2,500 for a widow or widower or divorced person having minor child or children, natural or adopted, who derive their chief support from the taxpayer; 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 Paragraph C of Section 92-3106 of the Amended Code of Georgia (Ga. Laws of 1937, pages 109-148), said Section being entitled Personal Exemptions and Credits be amended by striking said Paragraph C of Section 92-3106, and inserting in lieu thereof a new Paragraph C to provide as follows: 92-3106 (C) stricken. C. In the case of a widow or widower or divorced person having minor child or children, natural or adopted, who receive their chief support from taxpayer, $2,500. New par. C. Section 2. That all laws or parts of laws in conflict with the provisions of this Act be, and same are hereby repealed. Approved March 20, 1943.

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JUDICIAL OFFICERSDISQUALIFICATIONS. 24-102. No. 257. An Act to amend Section 24-102 of the Code of Georgia of 1933 as amended by the Georgia Laws of 1935, page 396, so as to provide that no judicial officer shall be disqualified from sitting in any cause or proceeding because of being a policy holder or being related to a policy holder of a mutual insurance company which has no capital stock; to repeal all laws and parts of laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. Section 24-102 of the Code of Georgia of 1933 as amended by the Acts of the General Assembly of Georgia of 1935, page 396, said code section as amended being set out as section 24-102 of the Code of Georgia Annotated, is hereby amended by adding thereto the following: 24-102 amended. and provided further that no judge or justice of any court, no ordinary, justice of the peace, nor presiding officer of any inferior judicature or commission shall be disqualified from sitting in any cause or proceeding because of the fact that he is a policy holder or is related to a policy holder of any mutual insurance company which has no capital stock. so that said Section 24-102 of the Code of Georgia of 1933 as amended by the said Acts of 1935 and by this Act, shall read as follows: 24-102. When judicial officer disqualified.No judge or justice of any court, no ordinary, justice of the

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peace, nor presiding officer of any inferior judicature or commission, shall sit in any cause or proceeding in which he is pecuniarily interested, nor preside, act, or serve, in any case or matter, when such judge is related by consanguinity or affinity to any party interested in the result of the case or matter, within the sixth degree, as computed according to the civil law, and relationship more remote shall not be a disqualification; nor in which he has been of counsel, nor in which he has presided in any inferior judicature, when his ruling or decision is the subject of review, without the consent of all parties in interest: Provided, that in all cases in which the presiding judge of the superior court may have been employed as counsel before his appointment as judge, he shall preside in such cases if the opposite party or counsel agree in writing that he may preside, unless the judge declines so to do; and provided further that no judge or justice of any court, no ordinary, justice of the peace, nor presiding officer of any inferior judicature or commission shall be disqualified from sitting in any cause or proceeding because of the fact that he is a policy holder or is related to a policy holder of any mutual insurance company which has no capital stock. To read. Not disqualified as policy holder. Section 2. Nothing in this act shall be construed as applying to the qualifications of trial jurors. Section 3. All laws and parts of laws in conflict with this act are hereby repealed. Approved March 5, 1943.

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JUSTICE COURTSDOCKETS 24-602. No. 184. An Act to amend Section 24-602 of the Code of 1933, relating to the furnishing of Dockets to Justices of the Peace, by providing for the furnishing in addition thereto the necessary blank forms used for process and Service by Justices of the Peace and Constables; to fix maximum cost of dockets; to repeal all 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 Section 24-602 of the Code of the State of Georgia of 1933, relating to the furnishing of Dockets to Justices of the Peace, be and the same is hereby amended by inserting the words and as needed by the Justices of the Peace and Constables of the County the necessary blank forms used for process and service by them after the word Dockets and before the word to in the third line of said section, and by striking the figures $2.00 in the last sentence of said Section and inserting in lieu thereof the words Four Dollars and Fifty Cents so that as amended said Section shall read as follows: 24-602 amended. Section 24-602. The Ordinary or other tribunal having Control of County Matters, shall furnish, at the expense of the county, good and durable Dockets, and as needed by the Justices of the Peace and Constables of the County the necessary blank forms used for process and service by them, to each Justice of the Peace in their respective counties. Said Dockets shall not cost more than four dollars and fifty cents each. To read. Forms to J. Ps.

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Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 25, 1943. JUSTICES OF THE PEACEDOCKETS. 24-604. No. 401. An Act to amend section 24-604 of the Code of Georgia of 1933 so as to provide that Justices of the Peace shall lay their dockets before grand juries of their respective Counties only on the first day of the first term of the Superior Court to meet in said Counties in each calendar year, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That section 24-604 of the Code of Georgia of 1933 be and the same is hereby amended as follows: 24-604 amended. By striking from the last paragraph of said section the words on the first day of each Superior Court and substituting in lieu thereof the following words: On the first day of the first term of the Superior Court to be held in said Counties in each calendar year, so that said section as amended shall read as follows: 24-604-Contents of dockets.Justices of the peace shall keep separate dockets of all civil and criminal causes disposed of by them, which dockets shall show: To read. 1. The actual disposition of each case. 2. An itemized bill of costs charged or collected, and from whom collected.

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3. For what officer and service each item is charged. Dockets for inspection. The justices shall lay their dockets before the grand juries of their respective counties on the first day of the first term of the Superior Court to be held in said Counties in each calendar year, for inspection. 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 19, 1943. LAND REGISTRATION LAW. 60-209, etc. No. 66. An Act to amend Title 60 of the present Code of Georgia, known as the Land Registration Law; to provide for issuance and service of summons in lieu of issuance of process, service of copy of the petition, and process; to provide the method of posting notice and the method of the court's acquiring jurisdiction in rem or quasi in rem as to lands for the registration of the title of which a proceeding is pending; to prescribe when a re-reference to an examiner is required and when not required; to provide a method for the cancellation of mortgages, certificates of indebtedness, liens, equities, lis pendens, and other similar matters by which the title to registered land may be encumbered; to provide a method by which the holder of an owner's certificate to a tract of land may subdivide it and procure certificates of title and owner's certificates for the tracts into which it is subdivided; to prescribe the form of the sheriff's return in lieu of the form prescribed in 60-606 of the present Code; 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. Title 60 of the present Code of Georgia known as the Land Registration Law is hereby amended in the following respects: Title 60. (a) By adding at the end of 60-209 the following: 60-209 amended. Provided, nevertheless, instead of the clerk's issuing the process and making the copies of the petition and process and instead of service of the petition and process being made, as stated above in this section, it shall be sufficient for the clerk to prepare and cause to be issued and served as stated above a summons substantially in the following language. Summons. To (here list the defendants shown in the petition): Please take notice that (here name the plaintiff or plaintiffs) has filed in said court a petition seeking to register, under the provisions of the Land Registration Law, the following described lands (describe them). You are notified to show cause to the contrary if any you have before said court on or before the.....day of....., 19..... ..... Clerk. However, if the petitioner so requests and delivers to the clerk copies of the petition, the clerk shall attach a copy of the process thereto and cause the same to be served as first above stated. Wherever in this law requirement is made for serving on any person a copy of the petition and process, it shall be sufficient, in lieu thereof, to serve a copy of the summons as stated above. (b) Also by adding at the end of 60-214 the following: 60-214.

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If there be upon the land a dwelling house or dwelling houses or a building or buildings used as a place or places of business, the sheriff shall also post conspicuously upon each of them the notice of the kind above stated, and shall so state in his return. Upon the sheriff or his deputy or deputies having so entered upon the land and having so posted the notices as aforesaid, and having made his return thereof as aforesaid, the land shall be deemed to have been seized and brought into the custody of the court for the purposes of this Land Registration Law, and the court's jurisdiction in rem and quasi in rem shall attach thereto. The clerk shall attach to each owner's certificate of title a certified copy of the return of the sheriff or deputy sheriff, and shall be entitled to a fee of fifty cents therefor. Notice Return of sheriff. (c) Also by adding at the end of 60-304 the following: 60-304. Provided, nevertheless, where an exception or exceptions to the examiner's report shall have been sustained by the court or by verdict on the trial of an issue of fact, or where the Supreme Court shall reverse the judgment of the trial court, it shall not be necessary for the trial court to re-refer the case to an examiner, but the judge shall proceed to enter a decree in accordance with the law and the facts as thus established and appearing from the record: Provided, nevertheless, that if the judge in his discretion is of the opinion that it is to the interests of truth and justice that a re-reference to an examiner should be made, he may, upon the motion of any party or on his own motion, order a re-reference of the whole case or any part thereof or for the taking of additional testimony upon any matter which the court deems necessary to the rendition of a true and correct decree. Decree. Re-reference to examiner.

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(d) Also by adding at the end of 60-418 the following: 60-418. If the holder of the mortgage, certificate of indebtedness or any lien, equity, encumbrance, lis pendens, or other similar matter relating to the registered land or any interest therein shall refuse to give the requisite authority for the cancellation thereof, if and when the debt has been paid or no longer exists, or it is no longer legal and equitable that the registered title should be encumbered by the same, any person adversely affected may petition the court for an involuntary cancellation of the same, whereupon the judge shall cause a rule nisi to be served upon such holder, requiring him to show cause on a day set, not less than thirty days, why the mortgage certificate of indebtedness, lien or other encumbrance on the registered title, should not be cancelled. The petition and rule nisi shall be served personally on such holder at lease fifteen days before the date set for the hearing if such service be practical, but in case it is made to appear to the court that personal service cannot be practically effected, the judge may pass an order providing how the service shall be made. In case the holder is not a resident of this State or is unknown, service by publication shall be made upon the order of the judge in the manner prescribed in Section 81-206, 81-207 and 81-208 of the present Code of Georgia. In case of infants and persons of unsound mind, guardians ad litem shall be appointed as in equity cases. If any issue of fact as to the right of the petition to have the cancellation made appears, it shall, upon demand of either party, be tried by jury, with right of the judge to grant a new trial as in equity cases. If it shall appear that the registered title should be freed from the encumbrance, the court shall decree accordingly and order the cancellation noted upon the certificate of title. The Supreme Court shall have jurisdiction for the

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correction of errors in the trial court as in cases of equity. The judge shall have power by attachment for contempt, if necessary, to compel the holder of the mortgage certificate of indebtedness or other instrument to surrender it for cancellation. Mortgage, etc., cancelled. Service. Trial of issues of fact. Supreme Court jurisdiction. (e) Also by adding at the end of 60-502 of the present Code the following: 60-502. The owner or owners of a tract of land embraced in a certificate may divide it into smaller tracts and, upon surrender of his or their owner's certificate, cause separate certificates to be issued for the respective smaller tracts. The procedure in such cases shall be for the owner or owners to petition the judge and to attach to or include within the petition a map or plat showing the tract as registered and the sub-division as to which he desires the new certificates. The judge shall examine the petition and the plat, and if he is not fully satisfied that the content of the original tract is exactly equivalent to the sum of the contents of the smaller tracts into which it is subdivided, may order a survey at the owner's expense. If and when the judge is satisfied on this subject, he shall pass an order directing the clerk to cancel the certificate of title on the record, upon surrender of the outstanding owner's certificate, and to issue new and separate certificates of title and owner's certificates for the smaller tracts into which the original tract is subdivided, all of which new certificates shall carry the same limitations and notations as the cencelled certificate, as in case of transfer. Certificates for smaller tracts. (f) Also by substituting for the form of sheriff's return contained in 60-606 of the present Code the following: 60-606.

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Georgia,..... County; I have served copies of the within petition and process, or of the summons in substitute therefor, upon the following persons at the time and in the manner stated, as follows: Sheriff's return. I have also gone upon the land and posted in a conspicuous place on the land described herein and upon each separate tract thereof and upon every dwelling house and every building used as a place of business upon said land, a copy of the notice as required by law, and have taken the same into the custody of the court. The following is the name and post office address of each and every person above the age of fourteen years actually occupying the premises: This,..... day of....., 19..... ..... Sheriff. Section 2. All conflicting laws are repealed. Section 3. All of the sections of the Code here amended relate to the registration of title to lands. Approved February 16, 1943. LEGAL HOLIDAYS. 14-105, 14-716, 14-1808. No. 68. An Act to declare certain days as public and legal holidays; to declare certain days as religious holidays; to declare certain acts and deeds occurring on public and legal holidays as not void; to declare certain acts and deeds occurring on religious holidays as void; to repeal Section

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14-1808 of the Georgia Code, as amended in 1935, concerning holidays; to amend Section 14-105 of the Georgia Code, concerning computation of time when negotiable instruments become due; to amend Section 14-716 of the Georgia Code, concerning maturity of negotiable instruments and days of grace; to repeal other laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act the first day of January, known as New Year's Day; the nineteenth day of January, known as Lee's Birthday; the twenty-second day of February, known as Washington's Birthday; the twenty-sixth day of April, known as Memorial Day; the fourth day of July, known as Independence Day; the twelfth day of October, known as Columbus Day; the eleventh Day of November, known as Armistice Day; the last Thursday in November, known as Thanksgiving Day; and the twenty-fifth day of December, known as Christmas Day, be, and the same are hereby declared to be, public and legal holidays in the State of Georgia. Legal Holidays. Section 2. Be it further enacted that from and after the passage of this Act the only days to be declared, treated and considered as religious holidays shall be the first day of each week, called Sunday. Sundays. Section 3. Be it further enacted that from and after the passage of this Act all promissory notes, bills of exchange, checks, contracts, bills of sale, conditional sales contracts, deeds, security deeds, deeds of trust, mortgages, sales, certificates of indebtedness, stock certificates, bonds and other negotiable instruments and documents used in the regular course of business made, signed, executed, witnessed, sealed, entered into, delivered, transferred, assigned, pledged, bargained for, granted, given, sold and/or conveyed shall not

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be treated, declared, made and considered as void acts and deeds on account of such action having occurred on a public or legal holiday as herein designated; however, said acts and deeds occurring on religious holidays as set forth in Section two (2) of this Act shall be treated, declared, made and considered as void acts and deeds. Last wills and testaments shall not be declared void because of having been made, signed, sealed, declared and published on a religious, public and/or legal holiday. Contracts not void. Except those executed on Sunday. Wills executed. Section 4. Be it further enacted that Section 14-105 of the Georgia Code, concerning computation of time when negotiable instruments become due and Section 14-716 of the Georgia Code, concerning maturity of negotiable instruments and days of grace, be amended by striking the word holiday wherever the same occurs therein, and by inserting in lieu thereof the words public, legal and/or religious holiday. 14-105. 14-716 amended. Section 5. Be it further enacted that Section 14-1808 of the Georgia Code, as amended in 1935, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. 14-1808 Repealed. Approved February 16, 1943. LIMITATION OF ACTIONS. 3-704. No. 439 An Act to amend Section 3-704 of the Code of Georgia of 1933 to fix the time within which all suits for the recovery of wages, damages or overtime accruing to individuals under statutes shall be brought; to repeal conflicting statutes; 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 3-704 of the Code of Georgia of 1933 relating to the time within which suits for the enforcement of rights accruing to individuals under statutes, acts of incorporation, or by operation of law, shall be brought, be and the same is hereby amended by adding at the end of said section a proviso reading as follows provided, however, that all suits for the recovery of wages, overtime or damages and penalties accuring under laws respecting the payment of wages and overtime, prior to the passage of this Act, shall be brought within two years from the date of the approval of this Act; and that all such suits for the recovery of wages, overtime or damages and penalties accruing under laws respecting the payment of wages and overtime, subsequent to the passage of this Act, shall be brought within two years after the right of action shall have accrued., so that said section as amended shall read as follows: [Illegible Text] 3-704. Section 3-704. All suits for the enforcement of rights accuring to individuals under statutes, acts of incorporation, or by operation of law, shall be brought within twenty years after the right of action shall have been accrued; provided, however, that all suits for the recovery of wages, overtime or damages and penalties accruing under laws respecting the payment of wages and overtime, prior to the passage of this Act, shall be brought within two years from the date of the approval of this Act; and that all such suits for the recovery of wages, overtime or damages and penalties accruing under laws respecting the payment of wages and overtime, subsequent to the passage of this Act, shall be brought within two years after the right of action shall have accrued. [Illegible Text] 3-704. Wages, etc. Two years.

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Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 20, 1943. LIMITED PARTNERSHIPFIRM NAME. 75-412. No. 426. An Act to be entitled an Act to amend Section 75-412 of the Code of 1933, which provides the nature of the firm name under which a limited partnership shall be conducted, by providing for the use of the word company, or other general terms to denote special partners; and for the use of trade names; for the registration of such firm name; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 75-412 of the Code of Georgia of 1933, which provides the nature of the firm name under which a limited partnership business shall be conducted be and the same is hereby amended by striking therefrom the words the names of the general partners only shall be inserted without the addition of the word `company,' or any other general term; and if the name of any special partner shall be used in such firm name, he shall be deemed a general partner, and inserting in lieu thereof the following: the name of at least one of the partners is contained, to which may be added the word `company,' or other general term to denote that there are special partners in the business, or under such firm or trade name as the partners may select, which name shall be registered as a limited partnership with the clerk of the superior court as required by the Act approved March 29, 1937, providing for the registration of trade names, partnership names, etc., provided that

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in all cases when the firm is a limited partnership the firm name shall have added the word `limited' in parentheses, so that all persons dealing with the partnership may know that the firm name identifies a limited partnership, so that said Section 75-412, as amended, shall read as follows: 75-412 amended. Section 75-412. The business of the partnership may be conducted under a firm name in which the name of at least one of the partners is contained, to which may be added the word `company,' or other general term to denote that there are special partners in the business, or under such firm or trade name as the partners may select, which name shall be registered as a limited partnership with the clerk of the superior court as required by the Act approved March 29, 1937, providing for the registration of trade names, partnership names, etc., provided that in all cases when the firm is a limited partnership the firm name shall have added the word `limited' in parentheses, so that all persons dealing with the partnership may know that the firm name identifies a limited partnership. To read. Word Limited added. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1943. MINIATURE POOL TABLES. 92-2014. No. 345. An Act to amend Section 92-2014 of the Code of Georgia of 1933, by striking said Section, which reads as follows: Miniature pool tables. Each person, firm, or corporation operating a miniature pool table not exceeding 30x60 inches playing surface, shall pay $5 for each table where

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set up, used or operated. Pool tables in excess of 30x60 inches playing surface shall be subject to the tax imposed by section 92-2001. And substituting a new Section to be known as Section 92-2014, which shall read as follows: Miniature pool tables. Upon each miniature pool table not exceeding 30x60 inches playing surface, $5.00 for each table where set up, used or operated. Pool tables in excess of 30x60 inches playing surface and less than 43x85 inches playing surface shall be subject to a tax of $10.00 for each table where set up, used or operated. Pool tables equal to and in excess of 43-85 inches playing surface shall be subject to the tax imposed by Section 92-2001. And for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. Section 92-2014 of the Code of Georgia of 1933 is hereby amended by striking said Section, which reads as follows: Miniature pool tables. Each person, firm, or corporation operating a miniature pool table not exceeding 30x60 inches playing surface, shall pay $5 for each table where set up, used or operated. Pool tables in excess of 30x60 inches playing surface shall be subject to the tax imposed by section 92-2001; and substituting a new Section to be known as Section 92-2014, which shall read as follows: Miniature pool tables. Upon each miniature pool table not exceeding 30x60 inches playing surface, $5.00 for each table where set up, used or operated. Pool tables in excess of 30x60 inches playing surface and less than 43x85 inches playing surface shall be subject to a tax of $10.00 for each table where set up, used or operated. Pool tables equal to and in excess of 43x85 inches playing surface shall be subject to the tax imposed by Section 92-2001. 92-2014 stricken. New 92-2014. Tax.

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Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 17, 1943. MOTOR FUELTAX. 92-1104. No. 313. An Act to amend Chapter 92-11, of the Code of Georgia 1933, as amended (Georgia Laws 1935, pages 11-72) by striking therefrom section 92-1104, (Georgia Laws 1935, page 54, paragraph 101), and for 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 Chapter 92-11 of the Code of Georgia 1933, as amended (Georgia Laws 1935, pages 11-72), be and the same is hereby amended by striking therefrom section 92-1104 as amended (Georgia Laws 1935, page 54, paragraph 101), which section 92-1104 (paragraph 101) reads as follows: 92-1104 (par. 101) repealed. 92-1104. Gasoline and oil wagons or trucks.Each person, firm, or corporation selling oil or gasoline from a wagon or truck shall pay $10.00 for each wagon or truck. so that said section 92-1104 (paragraph 101) be and the same is hereby repealed. Section 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 12, 1943.

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MOTOR FUEL TAXESDISTRIBUTORS. 92-1403. No. 311. An Act to amend an Act approved March 18, 1937 (Georgia Laws 1937, P. 167) entitled Motor Fuel Tax Law, which Act enacted a new chapter in lieu of Chapter 92-14 of the Code of 1933, by amending Section 92-1403 of the Code of 1933, as amended by the Act of 1937, so as to provide that the levy of Motor Fuel Tax under said Act be considered in fact a levy on the consumers of motor fuels; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That Section 92-1403 of the Code of 1933 as enacted by the Act approved March 18, 1937 (Georgia Laws 1937, P. 167) be, and the same is hereby amended by adding at the end of Sub-section (C) of Section 92-1403, the following provision to be known as Sub-section (C-1), to wit: 92-1403 (C) amended. Section 92-1403(C-1)Every distributor of motor fuels defined in this Act shall add the amount of the taxes levied and assessed by this Chapter to the price of such motor fuels, it being the purpose and intent of this provision that the tax levied under the provisions of this chapter is in fact a levy on the consumer, and the levy on distributors as specified in said Chapter is merely as agent of the state for collection of said tax. This provision shall in no way affect the method of collection of said taxes as specified in this chapter. The distributor may state the amount of the taxes separately from the price of such motor fuels on all price display signs, sales or delivery slips, bill and statements, which advertise or indicate the price of such motor fuel products. New 92-1403 (C-1). Tax on consumer.

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Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 12, 1943. MOTOR FUEL TAXEXEMPTION LIMITED. 92-1403. No. 466. An Act to amend an Act approved March 18, 1937 (Georgia Laws, 1937, pages 167-207), entitled Motor Fuel Tax Law, by striking and repealing subsection (3) of Paragraph D of Section 92-1403 and inserting in lieu thereof a new subsection, to be known as Paragraph (3) of Paragraph D, so to limit the exemption and taxation on sales of gasoline to the United States of America; 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 subparagraph (3) of Paragraph D of the Act Approved March 18, 1937 (Georgia Laws 1937, pages 167-207) be stricken and a new paragraph, to be known as subparagraph (3) of Paragraph D of Section 92-1403 of said Act approved March 18, 1937 (Georgia Laws 1937, pages 167-207) be inserted in lieu thereof, which new subparagraph (3) of Paragraph D of Section 92-1403 shall read as follows: 92-1403. D 3. (3) The sale of motor fuel and/or kerosene to the United States of America, when said motor fuel and/or kerosene shall be purchased and paid for by the United States of America. As amended.

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Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1943. MOTOR VEHICLESLICENSES AND TAGS. 68-201 et seq. No. 440. An Act to amend Chapter 68-202, of the Code of Georgia, 1933, as amended by an Act approved December 24, 1937, (Georgia Laws 1937-1938, pp. 259-272), by providing that motor vehicle licenses shall be purchased before April 1st, during the year for which they are issued; To provide penalties for violation of this Act; To provide for use of metal strip to be attached to the tag; To provide tags to be made of a material of high quality, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. Section 7, of Act 66, approved December 24, 1937, (Georgia Laws 1937-1938, pp. 270-271) is hereby amended by striking the words and figures This Act shall go into effect on January 1, 1938, and that, inserting in lieu words and figures, Effective January 1, 1943, and by striking the words and figures, February 1, 1938, and inserting in lieu thereof, the words and figures, April 1, 1944 so that said section when amended shall read as follows: Section 7, Be it further enacted by the authority aforesaid that effective January 1, 1944, all persons, firms, corporations, or, associations subject to the taxes and licenses herein provided shall apply for and obtain

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said tags on or before April 1, 1944, and each year thereafter, and that such payment for tags shall be made to the Motor Vehicle Division of the State Revenue Commission, or such other officers that may be provided by law. Apply for tags by April 1. Section 2. Section 68-201, of the Code of Georgia 1933, is hereby amended by striking therefrom the word, February wherever it appears in said Section, and inserting in lieu thereof the word April. 68-201 amended. Section 3. Be it further enacted by the authority aforesaid that the Motor Vehicle Division of the State Revenue Commission shall from and after the passage of this Act, be authorized to substitute in lieu of the tag for any motor vehicle, a metal strip showing the year for which license has been paid on said motor vehicle; Provided further that at a time within the discretion of the Director of the Motor Vehicle Division of the State Revenue Commission, the said Director may purchase tags made of such high quality material, that said tag will last for five years; Provided further that in no event shall more than one tag be issued for each motor vehicle in the State of Georgia, said tag to be attached to the rear of said Motor Vehicle. Metal date strip. Material. One tag. Section 4. Be it further enacted by the authority aforesaid that any automobile operated in the State of Georgia after April 1, of that year, that does not have attached to the rear thereof a tag showing the payment of license for said year, said motor vehicle shall be stored at the owner's risk and expense by any law enforcing officer of the State of Georgia; Provided that where the owner of said vehicle does present to said officer, evidence that a tag has been ordered, and the purchase price thereof sent to the Motor Vehicle Division of the State Revenue Commission of Georgia, but that said tag has not been delivered to said owner, then said owner shall not be subject to the penalty aforesaid. Penalty.

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Section 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act, be and the same are, hereby repealed. Approved March 20, 1943. NON-PROFIT COOPERATIVE ASSOCIATIONS. 65-203, 65-206. No. 352. An Act to amend Sections 65-203 and 65-206 of the Code of Georgia of 1933, relating to non-profit cooperative associations under the Act of 1921 so as to permit the granting of charters to such associations for a term not to exceed 50 years (rather than 20 years as heretofore provided); to provide that the prohibition in such Section contained providing that no member or stockholder shall have more than one vote shall not apply to associations composed of producers of any forestry product or products; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That Section 65-203 of the Code of Georgia of 1933, as heretofore amended, be further amended by striking therefrom the paragraph designated (d) and by inserting in lieu thereof the following: 65-203. (d) stricken. (d) The term for which it is to exist, not exceeding 50 years. New (d). Section 2. That Section 65-206 of the Code of Georgia of 1933 be amended by striking therefrom the seventh sentence of said Section reading, No member or stockholder

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shall be entitled to more than one vote, and by substituting in lieu thereof the following: 65-206 amended. No member or stockholder shall be entitled to more than one vote; Provided, however, this prohibition shall not apply to associations composed of producers of any forestry product or products. One vote. Section 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 18, 1943. PAYMENT OF TEACHERS. 32-1301, 32-1303. No. 24. An Act to amend Section 32-1301 of the Code of Georgia of 1933 relating to the authority of the Governor to borrow money for the payment of public school teachers, the execution of a note or notes therefor and the time of maturity, so as to provide that the note or notes given for such borrowed money shall not mature later than the last day of the fiscal year of this State during which the money is borrowed; to provide for repayment of principal and interest each fiscal year; and to amend Section 32-1303 of the Code of Georgia of 1933 providing: The Governor shall not during any calendar year impress, use or employ any funds in the treasury or belonging to any special fund or purpose in excess of the borrowing power of the Governor under this Chapter (Chapter 32-13 `Payment of Teachers', Ga. Laws 1927, pp. 167-168) by striking the words calendar year and inserting in lieu thereof the words fiscal year of this State; 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 Section 32-1301 of the Code of Georgia of 1933 relating to the authority of the Governor to borrow money for the payment of public school teachers, the execution of a note or notes therefor and the time of maturity, be, and the same is, hereby amended by striking therefrom in the eleventh line thereof the words February of the year succeeding the time of the execution thereof and inserting in lieu thereof the words: the last day of the fiscal year of this State during which the money is borrowed, and by inserting the word fiscal immediately before the word year in the three places in which such word appears in lines twelve and fourteen thereof, so that said Section 32-1301 of the Code of Georgia, when so amended, shall read as follows: 32-1301. Pursuant to the amendment to Article VII, Section III, Paragraph I (Sec. 2-5101) of the Constitution of this State, authorizing the contraction by or on behalf of the State of a debt in an amount of $3,500,000 for the purpose of paying the public school teachers, the Governor is hereby authorized and empowered to execute a note or notes for such amount and for such time of payment as the condition of the treasury may demand, at any time in his discretion, for the purpose of paying the public school teachers. The aggregate of said note or notes shall not at any time exceed the aforesaid constitutional limit and said note or notes shall not mature later than the last day of the fiscal year of this State during which the money is borrowed, and the principal amount so borrowed shall be repaid each fiscal year out of the common school appropriation, and the interest thereon shall be paid each fiscal year out of the general funds of the State, accured during the fiscal year of issue

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of said notes. Said notes shall be signed by the Governor and countersigned by the Comptroller-General and Secretary of State. Loan to pay teachers. epaid each fiscal year. Section 2. That Section 32-1303 of the Code of Georgia of 1933 providing: The Governor shall not during any calendar year impress, use, or employ any funds in the treasury or belonging to any special fund or purpose in excess of the borrowing power of the Governor under this Chapter. (Chapter 32-13 `Payment of Teachers', Ga. Laws 1927, pp. 167-168) be, and the same is, hereby amended by striking therefrom in the first and second lines thereof the words calendar year and inserting in lieu thereof the words fiscal year of this State, so that said Section 32-1303 when so amended shall read as follows: 32-1303. Calendar year stricken. Fiscal year inserted. The Governor shall not during any fiscal year of this State impress, use, or employ any funds in the treasury allocated or belonging to any special fund or purpose in excess of the borrowing power of the Governor under this Chapter. To read. Section 3. Nothing in this Act shall be construed as repealing Section 32-1302 of the Code of Georgia of 1933 relating to authority of the Governor to use allocated funds to pay teachers and replacement thereof. Not repeal 32-1302. Section 4. All laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 5, 1943.

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PRIMARY ELECTIONSCERTIFICATE OF RESULT. 34-3215A. No. 416. An Act to amend Chapter 34-32 of the Code of Georgia of 1933, providing for primary elections in general, by adding a new section to said chapter, to be known as Section 34-3215A, providing that the Chairman and Secretary of the State Committee of any political party holding a primary election shall certify the names of the candidates and the offices for which they are candidates, to the Secretary of State of this State immediately after the consolidation of the votes in such primary election and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Chapter 34-32 of the Code of Georgia of 1933, providing for primary elections in general, be, and the same is hereby, amended by adding a new section, following Section 34-3215 in said Chapter, to be known as Section 34-3215A, to read as follows: 34-3215 A added. Section 34-3215A. Immediately after the consolidation of the votes in any such primary election a certificate, showing the names of such candidates and the offices for which they are candidates, shall be filed in the office of the Secretary of State of this State; such certificate to be signed by the chairman and secretary of the State Committee of the political party holding such primary. Said certificate shall show by counties the total number of popular votes and the county unit votes received by each candidate in any such primary election. Certificate of result of election. Section 2. Be it further enacted that all laws and parts of

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laws in conflict herewith be, and the same are hereby, repealed. Approved March 20, 1943. PROPERTY EXEMPT FROM TAXATION. 92-201. No. 464 An Act to amend an Act approved December 10, 1878, entitled: An Act to carry into effect Paragraph 2, of Section 2 of Article 7, of the Constitution of this State, in reference to the exemption from taxation certain property therein described; and amended by an Act approved August 19, 1913, entitled: An act to put in force the Constitutional Amendment ratified at the November election in 1912 of Article 7, Section 2, paragraph two of the Constitution of this State, authorizing the General Assembly to exempt from taxation farm products including baled cotton grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production shall be exempt from taxation: and amended by an Act approved August 7, 1919, entitled: An Act to amend Section 998, Civil Code, 1910, by providing for the exemption from taxation of the endowment of colleges, incorporated academies, and other seminaries of learning when the same is not invested in real estate, and when such colleges, incorporated academies, or seminaries are open to the general public, and now codified in Section 92-201 of the 1933 Code of Georgia by inserting after the words: Provided the above described property so exempted is not used for private or corporate profit or income, the following words: Private or corporate

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profit or income of all institutions of purely public charity shall be construed to mean profit or income distributable to share-holders in or owners of such institutions, and shall not include profit or income which may be received by such institutions and used by them for purely charitable purposes and for the purpose of maintaining and operating such institutions; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that, An Act to carry into effect Paragraph 2, of Section 2 of Article 7, of the Constitution of this State, in reference to the exemption from taxation certain property therein described, and approved December 10, 1878, and amended by An Act to put in force the Constitutional Amendment ratified at the November election in 1912, of Article 7, Section 2 paragraph two of the Constitution of this State, authorizing the General Assembly to exempt from taxation farm products including baled cotton grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production, shall be exempt from taxation; and approved August 19, 1913, and amended by An Act to amend Section 998, Civil Code, 1910, by providing for the exemption from taxation of the endowment of colleges, incorporated academies, and other seminaries of learning when the same is not invested in real estate, and when such colleges, incorporated academies, or seminaries are open to the general public, approved August 7, 1919, be, and the same is hereby amended by inserting after the words: Provided, the above described property so exempted is not used for private or corporate profits or income, the following words: Private or corporate profit or income of all institutions of purely public charity shall be construed to mean profit or income distributable to share-holders in or owners

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of such institutions, and shall not include profit or income which may be received by such institutions and used by them for purely charitable purposes and for the purpose of maintaining and operating such institutions, So that said Amended Act as codified in Section 92-201 of the 1933 Code of Georgia, when amended, shall read as follows: 92-201. The following described property shall be exempt from taxation, to wit: All public property, places of religious worship, and places of burial; all institutions of purely public charity; all buildings erected for and used as a college, incorporated academy or other seminary of learning, and charitable hospitals operating for non-profit, and also all funds or property held or used as endowment by such colleges, incorporated academies, or seminaries of learning: Provided, the same is not invested in real estate: and Provided further, that said exemption shall apply only to such colleges, incorporated academies, or other seminaries of learning as are open to the general public: Provided further, that all endowments to institutions established for white people shall be limited to white people, and all endowments to institutions established for colored people shall be limited to colored people; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books, philosophical apparatus, paintings, and statuary of any company or association, kept in a public hall; and not held as merchandise or for purposes of sale or gain: Provided, the above-described property so exempted is not used for purposes of private or corporate profit or income; Private or corporate profit or income of all institutions of purely public charity shall be construed to mean profit or income distributable to share-holders in

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or owners of such institutions, and shall not include profit or income which may be received by such institutions and used by them for purely charitable purposes and for the purpose of maintaining and operating such institutions; all farm products, including baled cotton, grown in this State and remaining in the hands of the producer shall be exempt from taxation for the year next after their production. Property exempt. Institutions of public charity construed. Farm products 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. Approved March 20, 1943. PUBLIC SERVICE COMMISSIONADDITIONAL COMPENSATION. 68-623. No. 461. An Act to amend Section 68-623 of the Official Code of Georgia of 1933 relating to annual registration by motor common carriers, license taxes prohibited, fees, and disposition thereof, by changing the amount of compensation paid to the members of the Public Service Commission out of fees derived from this source; and for 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 68-623 is hereby amended by striking the figure $100 wherever the same appears and substituting in lieu thereof the figure $150; and by striking the figure $25 where it appears in connection with the compensation of the Chairman of the Commission and substituting in lieu

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thereof the figure $75, so that said Section when amended will read as follows: 68-623 amended. 68-623. Annual registration by motor common carriers. License taxes prohibited. Fees, and disposition thereof: Every motor common carrier shall annually on or before January 1, as long as such certificate remains in force, or before the vehicle is put into use, as to a vehicle put into use during the course of the year, make application to the Commission for registration of all motor vehicles to be operated under said certificate, in manner and form as the Commission may by rule or regulation prescribe, and shall pay to the Commission a fee of $25.00 for each vehicle for the registration of the same and the issuance of a permit or license to operate the same. No subdivision of this State, including cities, municipalities, villages, townships, or counties shall levy any excise, license, or occupation tax of any nature on said equipment, or the right to operate said equipment or any incidents of said motor carrier business, or on a motor common carrier. The money derived from the issuance and transfer of certificaates and from the registration fee shall be subject to be used by the Commission for the administration and enforcement of this law, said expenses to include $150 each per month to the four members of the Public Service Commission and $75 per month to the Chairman of the Public Service Commission for their services in collecting said revenue and administering this law, this compensation to be in addition to that provided elsewhere for their services in handling utility matters, and any sum which may be left over and unexpended on the first day of January of each year shall be paid to the State Treasurer, and shall be disbursed by him and paid to the State Highway Board for use in

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maintenance and repair of the highways as in the discretion of the Highway Board may be directed. Fees. Application. Approved March 20, 1943. REGISTERED VOTERS LISTS. 34-406. No. 349. An Act to amend Section 34-406 of the Code of Georgia of 1933 pertaining to registered voters lists and to prescribe the duties of the Clerks of the Superior Court, Board of County Registrars; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 34-406 of the Code of Georgia of 1933 is hereby amended by adding at the end of said section the following: It shall be the duty of the Clerk of the Superior Court to file with the Secretary of State under his seal of office a certificate showing the total number of registered voters in his county not later than July 1st of every year in which there is held a general state election and primaries to nominate candidates for offices to be filled at said general state election. 34-406 amended. Section 2. Be it enacted by the authority of the aforesaid that in any primary election no one shall be entitled to vote therein unless his or her name shall appear on the list certified to by the board of registrars at least ten days before the date fixed for the holding of said primary, or upon presentation by said voter of a certificate signed by a majority of the county registrars stating that the voters name was omitted from the certified list of voters by inadvertance or mistake, and that said voter is in fact qualified and entitled to vote in said primary election. Certified list.

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Be it further enacted that no one shall be entitled to vote upon the presentation of any certificate issued by any tax collector or other officer unless the requirements of the preceding section are complied with. Section 2-A. The Board of Registrars of each County shall meet at the Court House, during voting hours of each primary and general election day for the purpose of considering the qualification of voters whose names may have been omitted by inadvertance or mistake from the certified list of voters. Omitted names. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1943. REVOCATION OF AGENCY. 4-214. No. 454. An Act to amend Section 4-214 of the 1933 Code of Georgia which defines the circumstances under which an agency may be revoked and providing that the death of a person who has executed a power of attorney, under certain circumstances, shall have the same force and effect as though coupled with an interest in the property itself, and shall be valid and effectual for a limited period, notwithstanding the death of the maker of such 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 section 4-214 of the Code of Georgia of 1933 be amended by adding a paragraph to be designated as Paragraph 3, as follows: 4-214 amended.

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3. A power of attorney executed by a member of the armed forces of the United States of America, or one who thereafter becomes a member of such forces, creating an agency for the execution of said power in which the intention of the maker is made to appear that such power shall be effective until official notice of the death of the maker by the War Department of the United States of America, or, until such power is revoked by the maker, shall have the same force and effect prior to such notice or revocation as though coupled with an interest in the property itself notwithstanding the prior death of the maker. Par. 3. Power of attorney. Section 2. This Act shall become effective immediately upon its approval. Section 3. Be it enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 20, 1943. SCHOOLS FOR ILLITERATE ADULTS. 32-2503. No. 187. An Act to amend Chapter 32-25 of the Code of Georgia of 1933, authorizing county commissioners or ordinaries to carry on schools for instructing adult illiterates, by also vesting power in county boards of education to establish and carry on such schools; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same:

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Section 1. That Chapter 32-25 of the Code of Georgia of 1933 be and the same is hereby amended by adding at the end of said Chapter a new Section to be numbered and to read as follows: Section 32-2503. In those counties where neither the county Commissioners nor the ordinaries make provision for the establishment of schools for instructing adult illiterates in the elementary branches of an English education, the county boards of education shall have the power in their discretion to establish and conduct such adult schools and provide for the expenses of maintaining said schools out of any school funds which may be available for that purpose, and to cooperate with any State or Federal agency or authority in promoting adult education and reducing adult illiteracy within their respective counties. New 32-2503. Adult schools. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1943. SECRETARY OF STATECOMPENSATION. 40-504. No. 21. An Act to Repeal an Act entitled An Act to fix the salary of the Secretary of State approved February 6, 1941, and to amend Section 40-504 of the Code of Georgia of 1933 relating to the salary of the Secretary of State and for other purposes Be it enacted by the General Assembly of Georgia: Section 1. That an Act of the General Assembly of Georgia entitled An Act to fix the salary of the Secretary

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of State; and for other purposes, approved February 6, 1941, be and the same is hereby repealed in its entirety. Section 2. Be it further enacted that Section 40-504 of the Code of Georgia of 1933 be and the same is hereby amended by striking all of said section following the word be in the second line of said section; and substituting in lieu thereof the following, to-wit: $6,000.00 per annum, payable monthly. So that said section as amended will read as follows: Section 40-504. The salary of the Secretary of State shall be $6,000.00 per annum, payable monthly. $6,000.00. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. February 5, 1943. SECRETARY OF STATESECURITIES DIVISIONEXAMINERS. 97-202 et seq. No. 435. An Act to amend Section 97-202 of the Code of Georgia of 1933 with reference to the authority of the Secretary of State to employ examiners, etc. in the Securities Division of his department; and Section 97-302 of said Code defining Class A securities, under the Georgia Securities Law; and Section 97-403 of said Code providing for the registration of a dealer or broker in securities, so as to give to the Secretary of State authority to issue licenses or permits for the sale of securities of an issuer; and for 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 97-202 of the Code of Georgia of 1933, giving the Secretary of State authority to employ examiners, clerks, stenographers, etc., in the Securities Division of his department, be, and the same is hereby amended by striking all of that part of the first sentence of said section after the word examiner in the third line thereof and before the word and in the third line thereof and all of said section after the word State in the fifth line thereof, so that said section, when so amended, shall read as follows: 97-202. Section 97-202. The Secretary of State shall have authority to employ a Chief Examiner and such other examiners, clerks and stenographers and other employees as the administration of this law may require, whose salaries shall be fixed by the Secretary of State. Provided, however, that the salary of the Chief Examiner shall not exceed Three Hundred and fifty ($350.00) Dollars per month. Chief examiner. Section 2. Be it further enacted that section 97-302 of said Code defining Class A securities, be, and the same is hereby amended by striking all of paragraph 7 of said Section 97-302 after the word appearing in the fifth line of said paragraph so that said paragraph, when so amended, shall read as follows: 97-302. (7). (7) Those appearing in any list of securities dealt in on the New York, Chicago or Philadelphia stock exchange or other stock exchanges of like standing to be selected by the Secretary of State pursuant to official authorization by such exchanges, and securities senior to any securities so appearing. Section 3. Be it further enacted that Section 97-403 of said Code, providing for the registration of a dealer or broker in securities, be, and the same is hereby amended, by adding a new section at the end thereof, to be known as

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Section 97-403A, so as to give to the Secretary of State authority to issue licenses or permits for the sale of securities of an issuer, said new section to read as follows: 97-403. Section 97-403A. Secretary of State to issue licenses or permits for the sale of securities of issuers, when. If the Secretary of State be satisfied with the showing made in the application filed by or in behalf of any issuer and with his investigation thereof, he shall issue a license or permit for the sale of such securities of said issuer to the public in this State. New 97-403 A. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 20, 1943. SEGREGATION OF CONVICTS. 77-319. No. 428. An Act to give the State Board of Prisons the authority and right to set up, establish and maintain central points or stations for receiving all prisoners who have been convicted of crime in the courts of the State, to require that all prisoners, received at such central receiving station, be examined, finger-printed, photographed, and classified according to health, criminal records, race, age and sex, and to provide for segregation of prisoners according to classification; to give the State Board of Prisoners the authority and right in its supervision and control of all convicts to assign, transfer, and place all convicts in such Prison Camp, Public Work Camp, and other places of detention as shall be deemed by them to be to the best advantage of the convicts, the State and

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its sub-divisions; to repeal Code Section 77-319 of the Code 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. That the State Board of Prisons be, and they are hereby authorized to set up and establish central points or stations for receiving all prisoners who have been convicted of crime in the courts of the State. On receiving prisoners at the central point or station the State Board of Prisons shall cause all prisoners received to be examined, finger-printed, photographed, and classified according to health, criminal records, race, age, and sex, and shall segregate them according to classification. After examination and classification all prisoners shall then be, from such central receiving point or station, transferred, assigned and placed in prisons and places of detention according to the classification and segregation in the manner provided by law. Receiving stations. Examination. Section 2. That from and after the passage of this Act, the State Board of Prisons in its supervision and control of all convicts shall have the right and authority to assign, transfer, and place any and all convicts in such Prison Camps, Public Works Camp, and other places of detention for convicts located in the State, as shall be deemed by them to be to the best advantage of the convicts, the State and the sub-divisions. Transfer. Section 3. Be it further enacted that Code Section 77-319 of the Code of 1933, be, and the same is hereby repealed. Section 4. That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved March 20, 1943.

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STATE AUDITORQUALIFICATIONS AND TENURE. 40-1801 No. 10. An Act to amend Section 40-1801 of the Code of Georgia of 1933 relating to the creation of the Department of Audits and Accounts, providing for a State Auditor, prescribing qualifications, experience, appointment, term of office, and how removed, so as to provide additional qualifications and experience for State Auditor; to provide that the term of office of State Auditor shall be four years and until his successor is selected; to provide for election of State Auditor by the General Assembly, to fix the term of office; to provide the manner of election; to provide for filling of vacancy in the office of State Auditor; 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 40-1801 of the Code of Georgia of 1933 relating to the creation of The Department of Audits and Accounts, providing for a State Auditor, prescribing qualifications, experience, appointment, term of office, and how removed, be, and the same is, hereby amended by striking said section in its entirety and inserting in lieu thereof the following: 40-1801 stricken. Section 40-1801. The Department of Audits and Accounts is hereby created and established; the head of said Department shall be an experienced auditor and accountant with not less than five years experience as an accountant in the State Department of Audits and Accounts, or in a governmental agency of a similar nature or shall be a duly Certified Public Accountant with at

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least five years practical experience in the duties for which he is certified, and who, when named or elected as hereafter prescribed, and qualified, shall be known and designated as State Auditor. In the event there shall be a vacancy in the office of State Auditor, caused by death, resignation, disability, abandonment of office, or leave of absence without pay, such vacancy shall be filled by appointment by the Governor. New 40-1801. Qualifications. Vacancy. From and after the passage of this Act and during the present session of the General Assembly of the State of Georgia, the General Assembly shall elect a State Auditor and it shall be the duty of the Speaker of the House of Representatives to cause a resolution to be introduced immediately after the passage of this Act calling for the nomination and the election of a State Auditor in the House of Representatives. Said resolution shall fix a definite time for the nomination and election of the State Auditor, at which time the name of the qualified person receiving a majority vote of the members of the House of Representatives shall be transmitted to the State Senate for confirmation, or disapproval, and shall only be approved by the State Senate upon receiving a favorable majority vote of the Senate, after which the Governor of the State of Georgia shall declare the State Auditor duly elected. In the event the Senate and the House do not agree during the session the Governor shall appoint a State Auditor to serve until the next meeting of the General Assembly. Elected by General Assembly. The term of office of the State Auditor shall run concurrently with that of the membership of the General Assembly for a period of two years and at the next regular session of the General Assembly of the State of Georgia a State Auditor shall be elected as hereinbefore provided. Said State Auditor shall hold office until his

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successor is elected. In the event of a vacancy in the position of State Auditor at a time when the General Assembly is not in session it shall be the duty of the Governor of the State of Georgia and he is hereby empowered and directed to appoint a State Auditor possessing the qualifications as provided herein who shall serve as such State Auditor until the next regular session of the General Assembly at which time the nomination and election of a State Auditor shall be held by the General Assembly as provided herein. If the General Assembly shall adjourn sine die at any regular session without electing a State Auditor as provided herein the Governor is empowered and directed to appoint a State Auditor who shall serve until the next convening of the General Assembly and until his successor is elected as provided herein. Term of office. Section 2. The Auditor shall not receive pay for any other service rendered the State. Section 3. That all laws and parts of laws in conflict with this Act be, and same are here, repealed. Approved January 29, 1943. STATE BOARD OF ACCOUNTANCY. 84-201, 84-207, 84-215, 84-216, 84-9902. No. 397. An Act to amend title 84 (Professions, Businesses, and Trades), Chapter 84-2 (Accountants) of the Code of Georgia of 1933, as amended by Acts 1935, page 85, by providing for a State Board of Accountancy, and defining its powers and duties and the term of office of its members; by prescribing the qualifications for certified public accountants and registered accountants; by providing

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for the issuance of certificates to such accountants, and for revoking or cancelling the same; by providing for the payment of annual registration fees; by providing that communications between certified public accountants and their respective clients be treated as confidential; by providing penalties for violations of said Chapter 84-99 as amended; to repeal conflicting provisions, and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That title 84 (Professions, Businesses and Trades), Chapter 84-2 (Accountants), of the Code of Georgia of 1933, as amended by Acts 1935, page 86, by and the same is hereby amended by striking Section 84-201 of said Chapter and inserting in lieu thereof a new section to be numbered Section 84-201, and to read as follows: 84-201 stricken. 84-201. The State Board of Accountancy; Creation; Membership; Appointment; Removal; Qualifications; Vacancies; Compensation. The State Board of Accountancy shall consist of five members to be appointed by the Governor, four of whom shall be certified public accountants who have practiced as such in the State of Georgia, under certificates issued by this State, for at least four years, and one of whom shall be a practicing attorney-at-law who has practiced as such in the State of Georgia for at least four years. The members of the State Board of Accountancy in office April 1, 1943 shall continue in office for the remainder of their respective unexpired terms as members of the State Board of Accountancy. Thereafter, the first member of said Board to be appointed by the Governor shall serve on said board until June 30, 1945; the next member appointed by the Governor shall serve on said Board until June 30, 1946; the next member appointed by the Governor shall serve

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on said Board until June 30, 1947 and the remaining two of said members, including the attorney member, upon appointment by the Governor, shall serve on said Board until June 30, 1948. All other and subsequent appointments shall each be for a term of four years. No member of said Board shall serve as such for more than two terms, consecutive or otherwise. Any member of the Board may be removed by the Governor for misconduct, incompetency, or neglect of duty. Vacancies shall be filled by appointment by the Governor for the unexpired term. The members of the Board shall receive $7.00 for each day of actual attendance upon meetings of the Board, and actual traveling expenses. New 84-201. Board created. Terms. Per diem. Section 2. That Title 84 (Professions, Businesses and Trades), Chapter 84-2 (Accountants), of the Code of Georgia of 1933, as amended by Acts 1935, page 89, be and the same is hereby amended by adding to Section numbered 84-207, the following: provided, however, that the time during which any applicant actually serves in the armed forces of the United States of America shall not be computed in ascertaining the qualifications of said applicant for re-examination and for issuance of certificates, but that the requirements and credits of said applicant, upon his honorable discharge, shall be considered as having an unbroken continuity as from the date of said applicant's having become a member of said forces, so that said section 84-207 shall read as follows: 84-207 amended. 84-207. Applicants for certificates as certified public accountants must be citizens of the United States and residents of this State, over the age of twenty-one years, and of good moral character. They must have completed at least a four-year high school course, or have received the equivalent in commercial experience in accounting prior to the date of application, the value of any such experience to be determined by the Board. Such

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applicants must have had at least three years continuous experience in public accounting immediately preceding the date of issuance of certificates. The Board may, in its discretion, accept four years continuous practice or employment by the Federal Government or this State in the examination of financial records, in lieu of two years experience in public accounting, and may accept evidence of sufficient technical education in accounting in lieu of one year of practical accounting experience, the sufficiency of any such education and experience to be determined by the Board. The Board may waive the requirement of two years continuous experience in public accounting if the applicant has had five years of practical experience in public accounting and the last year of such experience immediately preceding the issuance of the certificate; provided, however, that the time during which any applicant actually serves in the armed forces of the United States of America shall not be computed in ascertaining the qualifications of said applicant for re-examination and for issuance of certificate, but that the requirements and credits of said applicant, upon his honorable discharge, shall be considered as having an unbroken continuity as from the date of said applicant's having become a member of said forces. As amended. Qualifications. Section 3. That title 84 (Professions, Businesses, and Trades), Chapter 84-2 (Accountants), of the Code of Georgia of 1933, as amended by Acts 1935, page 89, be and the same is hereby amended by adding a new section to be numbered 84-215, and to read as follows: 84-215. Within six months after this Act takes effect, any person, or authorized representative of a corporation or firm, who shall be engaged in the practice of public accounting and who maintains an office for such purpose in the State of Georgia on the date of enactment of this Act, shall apply for registration with the

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State Board of Accountancy, and upon the production of satisfactory evidence that such person, or authorized representative of a corporation or firm was so engaged on said date, the Board shall register such applicant. Any person otherwise qualified to make such application for registration who is a member of the armed forces of the United States on the date this Act becomes effective may make such application within six months after the date of his honorable discharge from such service. New 84-215. Such registration shall be conclusive evidence of the right of such person, corporation or firm to engage in the practice of public accounting in the State of Georgia, but shall not be construed in any way as indicating that the State Board of Accountacy has approved the educational and professional experience and qualifications of the registrant. No person, firm copartnership, association or corporation after the date of enactment of this Act, except as hereinbefore provided, shall engage in or use the style or title of public accountant unless the State Board of Accountancy has approved the qualifications of the registrant. Each such registered public accountant shall pay a registration fee of $5.00 and shall annually thereafter on or before July 1st of each year renew his registration by the payment of a fee of $5.00. Fees. Nothing contained in this chapter shall be construed to prohibit the employment by a certified public accountant or registered accountant permitted to engage in the practice of public accounting in the State of Georgia, of persons who have neither received certificates admitting them to practice as certified public accountants nor been registered as an accountant, as assistant accountants or clerks; Provided, that such employees work under the control and supervision of certified public accountants or registered public accountants, and do not certify to any one the accuracy or verification of audits or statements;

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and provided further, that such employees do not hold themselves out as engaged in the practice of public accounting. Employees. Section 4. Title 84 (Professions, Businesses and Trades), Chapter 84-2 of the Code of Georgia of 1933, as amended by Acts of 1935, be and the same is hereby amended by inserting a new section to be numbered Section 84-216, and to read as follows: 84-216. Any communications to any practicing certified public accountant transmitted to such accountant in anticipation of, or pending, the employment of such accountant shall be treated as confidential and not disclosed nor divulged by said accountant in any proceedings of any nature whatsoever. This rule shall not exclude the accountant as a witness to any facts which may transpire in connection with his employment. New 84-216. Confidential communications. Section 5. That title 84, Chapter 84-99 (Crimes), Section 84-9902 of the Code of Georgia of 1933, as amended by Acts of 1935, pages 93 and 94, and the same is hereby amended by inserting at the end of the first sentence thereof the following: 84-9902. If any person, firm, corporaation or association shall hold himself out as having been registered as a public accountant as provided for in Chapter 84-2, or shall assume to practice thereunder as a registered accountant without having been so registered by the Board of Accountancy of this State, or if said registration shall have been revoked, he shall be guilty of a misdemeanor and sentenced to pay not exceeding $500.00 or less than $200.00, so that said Section 84-99 shall read as follows: 84-9902. If any person shall hold himself out as having received a certificate provided for in Chapter 84-2

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on the subject of Certified Public Accountant, or shall assume to practice thereunder as a Certified Public Accountant, or use the initials C.P.A. without having received such certificate or if the same shall have been revoked he shall be guilty of a misdemeanor, and shall be sentenced to pay not exceeding $500.00 or less than $200.00. If any person, firm, corporation or association shall hold himself out as having been registered as a public accountant as provided for in Chapter 84-2, Section 215, or shall assume to practice thereunder as a registered accountant without having been so registered by the Board of Accountancy of this State, or if said registration shall have been revoked, he shall be guilty of a misdemeanor and sentenced to pay not exceeding $500.00 or less than $200.00. Any person who shall violate any other provision of Chapter 84-2 of this Title shall be guilty of a misdemeanor, and shall on conviction be punished as provided by law. To read. Penalty. Section 6. For the purpose of this Act a Public Accountant shall be defined as a person, firm or corporation having an established place of business and offering to perform for the general public any and all general accounting services. Public accountant defined. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1943.

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STATE EXAMINING BOARDSSECRETARY. 84-102. No. 442. An Act to repeal Code Section 84-102 in its entirety, pertaining to the duties of the Secretary of State and the Joint-Secretary of the State Examining Boards, and describing the duties of each and providing for the holding of examinations by the State Examining Boards, and for other purposes, and substituting in lieu thereof a new section to be known as Section 84-102, so as to prescribe the duties of the Secretary of State and the Joint-Secretary of the State Examining Boards, and to provide for the manner of conducting examinations by the State Examining Boards, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia that Section 84-102 of the Code of Georgia of 1933 is hereby repealed in its entirety and that a new section of the Code of Georgia of 1933 is hereby enacted to be known as Section 84-102, to read as follows: 84 102 repealed. 84-102. The salary of the Secretary of said Examining Boards shall be fixed by the Secretary of State, and he shall hold office at the pleasure of the Secretary of State. The Secretary of State shall employ such clerks and other employees as deemed necessary to carry out the provisions of this chapter and for all services required by each of the State Examining Boards. Provided, that all of such expenses shall be paid pro rata out of the respective board fees, and limited to such fees or appropriations for such purposes. The expenses of the members of the various boards shall be limited to actual expenses while in attendance upon the meetings of said respective boards, their legal per diem, and actual traveling expenses. One member of each of the several examining

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boards may attend annually State and/or national meetings pertaining to the work of his respective trade or profession. The Secretary shall maintain an office in the State Capitol, and all of the meetings of said respective boards shall be held in the Capitol. Provided, that the examinations of applicants for licenses may be conducted at some other designated place in this state. Provided, further, that where examination dates are fixed by law, said dates for the meetings or examinations may be changed to comply with the graduation dates of the various Colleges and Universities occasioned by the accelerated war-time program. All expense vouchers shall in each case be itemized, approved by the chairman of each respective board, and presented to the Joint-Secretary for payment. New 84-102. Salary. [Illegible Text] Office. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 20, 1943. STATE HEALTH LAWSAMENDMENTS. 88-201 et seq. No. 409. An Act to amend the State Health Laws; to amend Section 88-201 of the Code of Georgia of 1933, creating a board of health in each county, specifying its membership and method of appointment, and authority and duties, so as to provide for representation on county board of health from towns and cities within the county under certain conditions, to require members to take an oath of office, to provide for issuing of certificates of membership on such board, and to authorize the county boards of health to pass rules and regulations applicable

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to certain sections of the county and not to others; to amend Section 88-203 of the Code of Georgia of 1933, Authority of county boards to make rules and regulations, by striking the last clause of the section as follows Provided, that such rules and regulations shall not apply to any incorporated city or town; to amend Section 88-205 of the Code of Georgia of 1933, Rules to be approved by physicians and advertised, by eliminating the necessity for approval by three physicians in the county; to amend Section 88-206 of the Code of Georgia of 1933, Expenses to be paid out of county treasury, so as to authorize the Georgia Department of Public Health to defray part of the expenses of the county health departments; to amend Section 88-301 of the Code of Georgia of 1933, When provisions of Chapter become operative; when suspended, so that a county health department may be established under certain conditions without grand jury recommendation or vote of the people; to amend Section 88-302 of the Code of Georgia of 1933, Division of State into sanitary districts; census basis for computation of population, by striking the population limitation; to repeal Sections 88-306, Salary of commissioner; tax for expenses, and 88-307, Expenses of commissioner; tax to meet, of the Code of Georgia of 1933, and to substitute therefor another section providing for payment of the expenses of the county health department by county authorities and, under certain conditions, towns and cities contained within the county; to repeal Section 88-309 of the Code of Georgia of 1933, Duties of commissioners, and to substitute therefor a new section outlining said duties; to protect constitutionality; 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 the same

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that Section 88-201 of the Code of Georgia of 1933 (Acts 1914, pp. 124, 125), and an amendment thereto approved March 24, 1941 (Acts 1941, pp. 317, 318), Creation; membership; terms of office, vacancies; authority of county boards of health, be amended by adding after the last sentence thereof the following words: Any town or city within the county having a population of not less than 5,000 or not more than 20,000 as shown by most recent decennial United States Census may appoint two members of the county board of health, and the membership of such board of health shall be increased to include such two members from each such city or town; provided, that said town or city participates in the expenses of the county health department as provided in Section 7 of this Act. The said two members shall consist of the mayor or city manager, as determined by the governing body of the town or city, and one other citizen appointed by the mayor and council or other governing body of the town or city. The term of such member shall be for four years or until his successor is appointed and qualified. Each city within the county having a population of more than 20,000 as shown by the most recent decennial United States Census shall appoint four members of the county board of health from such city as follows: The mayor or city manager, as determined by the governing body of the city, and three members appointed by the mayor and council of the city, and the membership of such board of health shall be increased to include such four members from each such city. The term of office of the three appointed members shall be four years or until their successors are appointed and qualified, except that when the first appointments are made one member shall be appointed for two years, one for three years, and one for four years. All vacancies shall be filled by the same method as above set forth for the appointment of such members, and such appointee shall hold office for the remainder of the term and until his successor is appointed and qualified.

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Each member of the several county boards of health, whether ex-officio or appointed as herein provided, shall have a certificate of membership on such board signed by the Director of the Georgia Department of Public Health, and take the oath of office usually taken by other county officers, before assuming the duties of the office. The clerk of the superior court of the county shall certify, under seal, to the Director of the Georgia Department of Public Health the names of the county school superintendent, the chairman of the board of roads and revenues, or ordinary, and the physician appointed to the board by the grand jury, with the dates of appointment and termination, and the clerks of the several towns and cities having representation on the county boards of health shall likewise certify, under seal, to the Director of the Georgia Department of Public Health the names of the members from such towns and cities. The county board of health shall have authority to pass rules and regulations which shall apply to citizens and premises within the limits of any city or town, or other area having a density of population comparable to that of a city or town whether incorporated or not, and which may or may not apply to citizens or premises in less densely populated or rural areas, as well as regulations which shall apply only to citizens or premises in sparsely population or rural areas which may or may not apply to citizens or premises of cities, towns, or densely populated areas, so that said Section when amended shall read as follows: 88-201 amended. 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,

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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 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. Any town or city within the county having a population of not less than 5,000 or not more than 20,000 as shown by the most recent decennial United States Census may appoint two members of the county board of health, and the membership of such board of health shall be increased to include such two members from each such city or town; provided, that said town or city participates in the expenses of the county health department as provided in Section 7 of this Act. The said two members shall consist of the mayor or city manager, as determined by the governing body of the town or city, and one other citizen appointed by the mayor and council or other governing body of the town or city. The term of such member shall be for four years or until his successor is appointed and qualified. Each city within the county having a population of more than 20,000 as shown by the most recent decennial United States Census shall appoint four members of the county board of health from such city as follows: the mayor or city manager, as determined by the governing body of the city, and three members appointed by the mayor and council of the city, and the membership of such board of health shall be increased

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to include such four members from each such city. The term of office of the three appointed members shall be four years or until their successors are appointed and qualified, except that when the first appointments are made one member shall be appointed for two years, one for three years, and one for four years. All vacancies shall be filled by the same method as above set forth for the appointment of such members, and such appointee shall hold office for the remainder of the term and until his successor is appointed and qualified. Each member of the several county boards of health, whether ex-officio or appointed as herein provided, shall have a certificate of membership on such board signed by the Director of the Georgia Department of Public Health, and take the oath of office, usually taken by other county officers, before assuming the duties of the office. The clerk of the superior court of the county shall certify, under seal, to the Director of the Georgia Department of Public Health the names of the county school superintendent, the chairman of the board of roads and revenues, or ordinary, and the physician appointed to the board by the grand jury, with the dates of appointment and termination, and the clerks of the several towns and cities having representation on the county boards of health shall likewise certify, under seal, to the Director of the Georgia Department of Public Health the names of the members from such towns and cities. The county board of health shall have authority to pass rules and regulations which shall apply to citizens and premises within the limits of any city or town, or other area having a density of population comparable to that of a city or town whether incorporated or not, and which may or may not apply to citizens or premises in less densily populated or rural areas, as well as regulations which shall apply only to citizens or premises in sparsely populated or rural areas

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which may or may not apply to citizens or premises of cities, towns, or densely populated areas. As amended. Members. Population. Terms. Population. Oath. Section 2. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that Section 88-203 of the Code of Georgia of 1933 (Acts 1901, p. 61; 1914, pp. 124, 125), Authority of county boards to make rules and regulations, be amended by striking the last clause of the last sentence of said section as follows: Provided, that such rules and regulations shall not apply to any incorporated city or town, so that said section when amended shall read as follows: 88-203 amended. Stricken. The county boards of health of the several counties shall have full power and authority to adopt, enact, establish, and maintain all such rules and regulations not inconsistent with the laws and Constitution of this State and of the United States, as they may deem necessary and proper for protecting the health of their respective counties, and for preventing the introduction, generation, and spread of infectious and contagious diseases therein. To read. Section 3. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that Section 88-205 of the Code of Georgia of 1933 (Acts 1901, p. 61; 1914, pp. 124, 125), Rules to be approved by physicians and advertised, be amended by striking the following words between the words law in the third line and Shall in the fifth line: shall have the written approval of not less than three reputable physicians of the county, and, so that said section when amended shall read as follows: 88-205 amended. Such rules and regulations as may be established for any county, under the provisions of Chapters 88-2 and 88-3, and any amendments or alterations thereof, before the same shall have the force of law shall be posted at the courthouse door of the county and also published at

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least once in the newspaper of the county in which the sheriff's notices are advertised. To read. Section 4. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that Section 88-206 of the Code of Georgia of 1933 (Acts 1901, pp. 61, 62; 1914, pp. 124, 125), Expenses to be paid out of county treasury, be amended by changing the period after treasury to a comma, and adding thereto the following words: and city treasuries as provided in Section 7 of this Act, and from funds of the Georgia Department of Public Health which may be appropriated by the General Assembly of Georgia, or allotted by the Federal Government, or other agencies as grants-in-aid, so that said section when amended shall read as follows: 88-206 amended. All cost and expense necessary and proper for carrying out the provisions of Chapters 88-2 and 88-3 shall be paid out of the county treasury, and city treasuries as provided in Section 7 of this Act, and from funds of the Georgia Department of Public Health which may be appropriated by the General Assembly or Georgia, or allotted by the Federal Government, or other agencies as grants-in-aid. To read. Section 5. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that Section 88-301 of the Code of Georgia of 1933 (Acts 1914, pp. 124, 126), and an amendment thereto approved March 27, 1941 (Acts 1941, pp. 329-331), When provisions of Chapter become operative; when suspended, be amended by adding after the figures 88-312 in the first line the following words: may become operative at any time upon the recommendation of the county board of health with the approval of the board of roads and revenues (or ordinary) but, and by striking the word only between the words county and after in the second line, and by adding the

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following words at the end of Section 1 of an Act approved March 27, 1941 (Acts 1941, pp. 329-331): if it became operative by grand jury recommendation, or by vote of the people if it became operative by an election as aforesaid, so that the said section when amended shall read as follows: 88-301 amended. The provisions of Section 88-303 to 88-312 may become operative at any time upon the recommendation of the county board of health with the approval of the board of roads and revenues (or ordinary) but shall become operative in any county after the recommendation of two successive grand juries, but on such recommendation it shall become obligatory on the county boards of health and the county boards of roads and revenues and, in counties having no such board, upon the ordinary of said county, to carry out the provisions of this law, or 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 Heath 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 the 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

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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 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 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. To read. Ellis Health Law. Election. 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 if it became operative by grand jury recommendation, or by vote of the people if it became operative by an election as aforesaid. Suspension. Section 6. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that Section 88-302 of the Code of Georgia of 1933 (Acts 1914, pp. 124, 126; 1931, p. 7, 11; 1933, p. 7), Division of State into sanitary districts; census basis for computation

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of population, be amended by striking the following words between the words counties in the third line and may in the fourth line: each having a population of less than 37,000 inhabitants, and the words between the words district in the fourth line and said in the sixth line: Provided, that the total population of the counties so combined does not exceed 75,000 inhabitants, and the last sentence of the paragraph: The last preceding United States decennial census shall be taken as a basis for computation of population in all cases under this law., so that said section when amended shall read as follows: 88-302 amended. The State shall be divided into sanitary districts as follows: Each county shall constitute a sanitary district, except that two or more counties may be combined into one sanitary district. Said combination of counties into a joint sanitary district shall be made by the State Board of Health upon the recommendation and consent of the county boards of health of the counties concerned. To read. Section 7. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that Sections 88-306, Salary of commissioner; tax for expenses, and 88-307, Expenses of commissioner; tax to meet, of the Code of Georgia of 1933 (Acts 1914, pp. 124, 129, 130), be and the same are hereby repealed, and in lieu thereof the following section is hereby enacted: 88-306, 88-307 Repealed. It shall be the duty of the board of health of each county at its June meeting each year or other meetings when necessary to determine and fix the sum of money it deems necessary or expedient for the operation of a department of public health in the county for the ensuing year, and they shall certify to the board of roads and revenues or other proper taxing authorities of the county, and to the mayor and council or other governing body of all cities and towns in the county having a population of

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more than 20,000 as shown by the most recent decennial United States Census, and to the mayor and council or other governing body of all cities and towns within the county having a population of more than 5,000 and less than 20,000 as shown by the most recent decennial United States Census, which by action of its mayor and council elect to have representation on the county board of health and participate financially in its expenses, the amount so fixed upon and assessed, and the proper taxing authority of the county and each town and city within the county, as above set forth, shall levy a tax rate sufficient to raise its proportional part of the total amount fixed upon and assessed by the county board of health, at the same time and in the same manner as is prescribed for levying taxes for other county or city purposes. The amount so fixed upon and assessed for the support of such county health department shall be borne by the county and its contained cities and towns as may be agreed upon by the county board of health and the taxing authorities of the county and the contained towns and cities except that the principal city having a population of 20,000 or more shall contribute not less than fifty per cent of the health department budget derived from local funds, and that each town or city in the county having a population between 5,000 and 20,000, or secondary city having a population of more than 20,000, electing to have representation on the county board of health, shall contribute not less than $1,000 per annum. The remainder of the budget derived from local funds shall be paid from county funds. If the said taxing authorities fail to make such levies, then these amounts must be paid out of the fund levied for paying other lawful expenses of the county and city or cities or the general funds not otherwise appropriated. Said county board of health shall then apply to the Director of the Georgia Department of Public Health for

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advice and assistance in establishing and/or maintaining a public health department in and for such county. New section. Population. Tax. Section 8. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that Section 88-309 of the Code of Georgia of 1933 (Acts 1914, pp. 124, 131; 1931, pp. 7, 11; 1933, p. 7), Duties of commissioner, be and the same is hereby repealed, and in lieu thereof the following section is hereby enacted: 88-309 repealed. It shall be the duty of the district commissioners of health to be vigilant and diligent in the work of disease prevention and the conservation of public health, and to enforce all health laws of the State and health ordinances of their respective localities, together with the rules and orders of the State Board of Health. They shall be the executive officers of the county or district departments of public health they are appointed to serve, and in person or through an authorized agent shall make such sanitary inspections and surveys of their districts as may be required from time to time by the State Board of Health or by the county boards of health. They are hereby authorized and invested with the power to enter upon and inspect private property at proper times in regard to the possible presence, source, or cause of disease; to estalish quarantine and in connection therewith to order what is reasonable and necessary for the prevention and suppresion of disease; and to conduct programs of health education and perform such other duties as may be directed by the State Board of Health or county boards of health for the prevention of diseases and improvement of the health of the people of their county or district. They shall keep, or cause to be kept, a permanent record of all public health work done in their county or counties as may be required by the State Board of Health or the county boards of health, and shall, once each month, make a report of all activities of their departments of public

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health in narrative and tabulated form, as may be required by the State Board of Health or their county boards of health. New section Inspections Reports. Section 9. Be it further enacted that the provisions of this Act shall not apply to or affect any County having within its limits, in whole or in part, a city with a population of not less than 200,000 inhabitants by the 1940 Census or any future Census, until and unless the Mayor and General Council or other governing body of such city, and the Board of Commissioners of Roads and Revenues or other governing body of the Counties in which such City is located in whole or in part shall by appropriate resolution or ordinance declare this Act to be effective within such Counties. This Act shall not apply to any County in which the County and the principal municipality therein maintain separate health departments, until the County Commissioners or other governing authority of such County and the Mayor and Council or other governing authority of such municipality shall by appropriate resolution signify that said County and said municipality shall come under the provisions of this Act. Population. Section 10. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that should any part or parts of this Act be held unconstitutional by the courts of last resort in this State, the findings shall not invalidate the other parts of sections of this Act not so held. Section 11. Nothing in this Act shall repeal or be construed to conflict with any power and authority now vested in the Commissioner of Agriculture, by the laws of the State of Georgia. Section 12. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that

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all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1943. STATE LIBRARY COMMISSION ABOLISHED. Chapter 32-26. No. 270. An Act to repeal Chapter 32-26 of the Code of Georgia of 1933 entitled State Library Commission; to abolish the State Library Commission and to transfer its functions and services to the State Board of Education; to provide for the functions of the State Board of Education in regard to promoting the establishment and development of Public Library Service throughout the State; to provide that the State Board shall have authority to accept gifts and to perform any and all functions necessary to carry out the intent and purpose of this Act; to provide the public policy of the State with reference to the establishment and development of public Library Service; to authorize payment of funds, from available funds, to Public Libraries; 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 virtue of the same that Chapter 32-26 of the Code of Georgia of 1933, entitled State Library Commission, is hereby repealed, The State Library Commission is hereby abolished and the functions and services heretofore exercised and performed by it shall be hereafter exercised and performed by the State Board of Education. Ch. 32-26 repealed. Section 2. The State Board of Education shall give aid, advice and counsel to all libraries and communities which

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may propose to establish libraries as to the best means of establishing and administering them, the selection of books, cataloging and other details of library management, and shall exercise supervision over all public libraries, and shall endeavor to improve libraries already established. The State Board may also conduct a book-lending and information service for the benefit of the citizens of the State, free of cost except postage. The Board is also authorized to purchase for such purposes, books, periodicals and other instructional materials. The Board may also employ the necessary professional and clerical staff upon the recommendation of the State Superintendent of Schools, to carry on the work as herein stated, and pay their necessary traveling expenses while engaged in such work. State Board of Education. Book lending. Section 3. That State Board shall have authority to accept gifts of books, money or other property from any public or private source, including the Federal Government, and shall have authority to perform any and all functions necessary to carry out the intention and purposes of this Act. All public libraries in the State shall submit reports annually to the State Board. It is hereby declared to be the policy of the State as a part of the provisions for public education to promote the establishment and development of public library service throughout the State. Gifts. Section 4. The funds now appropriated or otherwise available to the State Library Commission for the carrying on of said work are hereby transferred to the State Board of Education. In order to effectuate the purposes of this Act there shall be made available to the State Board of Education whatever funds may be duly allocated to it by the proper authority, either by specific appropriation or otherwise as now provided by law, and the said State Board of Education shall be authorized to disburse such funds to public libraries serving persons of all ages through legally constituted municipal library boards and/or to the other

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legally constituted local library boards as may now or hereafter be established by law. Said State Board of Education shall, by virtue hereof, use such funds for the purpose of aiding and supplementing the establishment and development of public library services. Funds. Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved March 8, 1943. SUPREME COURT AND COURT OF APPEALSCOSTS AND SALARIES. 6-1702, 6-1703, 24-3505, 24-3506, 24-3804, 24-4103, 24-4104, 24-4107, 24-4108. No. 112. An Act to amend and revise the laws relating to costs collected in cases in the Supreme Court and the Court of Appeals, paying the same over, making reports thereof, and application of the same, so as to provide for payment to and report of such costs monthly to the State Treasurer for payment into the general funds of the treasury; to amend and revise the laws relating to the payment of salaries of the Clerk of the Supreme Court, Deputy Clerk of the Supreme Court, Stenographer of Clerk of the Supreme Court, Clerk of Court of Appeals, Deputy Clerk of Court of Appeals, Stenographer of Clerk of Court of Appeals, so as to change their payment from funds arising from costs in cases to payment entirely from appropriations for the operation of the respective Courts; to provide that the Clerks of the respective Courts, with the approval of the Court, may employ and fix the salaries of stenographers, clerical assistants and employees,

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to be paid from appropriations for the operation of the Courts; to provide that the Supreme Court and the Court of Appeals, respectively, may employ and fix the salaries of such other stenographers, clerical assistants and employees, as may be necessary; and to buy books, pamphlets, supplies; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That subsection eleven of Section 24-4103 of the Code of Georgia of 1933, which requires the Clerk of the Supreme Court of the State of Georgia to collect all costs due on cases in the Supreme Court and prescribes the disposition thereof, be, and it is, hereby amended by striking therefrom the words and figures, to-wit: As aforesaid in excess of the salaries provided for in Sections 24-4107 and 24-4108, which sums of money so paid shall remain as on deposit in the State Treasury, and constitute a separate and distinct fund, to be styled the `library fund', and subject only to be paid out as provided in Section 24-4104, so that the said subsection of said section, when so amended, shall read as follows: 24-4103 (11) amended. 11. To collect all costs due on cases in the Supreme Court and to pay over to the Treasurer of the State all money arising from costs collected. Section 2. That subsection twelve of Section 24-4103 of the Code of Georgia of 1933, which reads as follows: 24-4103 (12) stricken. 12. On or before the first day of January in each and every year, to submit to the Treasurer of the State, in writing, a full and fair statement of each case before the Supreme Court during the year preceding his report, showing the items of cost, amount collected, and the amount not collected; and if there shall appear any balance due by said clerk not collected (except costs due in pauper cases), or if collected and not paid over, then said

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clerk shall be liable to be ruled by the State Treasurer in the Supreme Court, in term time, on the same terms that other officers are ruled. be, and it is, hereby amended my striking the same in its entirety and substituting and enacting in lieu thereof the following: 12. On or before the fifth day of each and every month, to submit to the Treasurer of the State, and a copy to the State Auditor, in writing, a full and fair statement of each case in which costs have been collected during the month preceding his report, showing the items of costs, amount collected, and the amount not collected; and if there shall appear any balance due by said clerk not collected (except costs due in pauper cases), or if collected and not paid over, then said clerk shall be liable to be ruled by the State Treasurer in the Supreme Court, in term time, on the same terms as other officers are ruled. New par. 12. Costs. Section 3. That Section 24-4104 of the Code of Georgia of 1933 which specifies how the funds arising from costs in cases in the Supreme Court shall be used and applied, be, and it is, hereby amended by striking from said section the words and figures, to-wit: 244-4104. in excess of the sum necessary to pay salaries provided by Sections 24-4107 and 24-4108, shall be subject to the order of the Justices of the Supreme Court, upon a warrant of the Governor, based upon the certificate of the Justices aforesaid, and shall be used and applied solely to the purchase of such books, pamphlets, or other publications as may be selected or directed to be purchased by the Justices aforesaid. and by inserting in lieu thereof the following: shall be paid into the general funds of the Treasury

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so that said section, when so amended, shall read as follows: The funds thus arising from costs as aforesaid shall be paid into the general funds of the Treasury. Paid into Treasury. Section 4. That Section 24-4107 of the Code of Georgia of 1933, which reads as follows: The clerk of the Supreme Court shall receive, as compensation for his services, the sum of $4,000 per annum, to be paid out of the money arising from costs in cases before the Supreme Court: Provided, said costs shall amount to said sum of $4,000; and if the costs shall not amount to such sum, then the difference between the actual amount of costs and $4,000 shall be paid said clerk from the treasury, upon the certificate of the Justices of the Supreme Court. be, and it is, hereby amended by striking the same in its entirety and substituting and enacting in lieu thereof the following: 24-4107. The Clerk of the Supreme Court shall receive, as salary, the sum of $4,000 per annum, payable in equal monthly instalments, to be paid by the State Treasurer from appropriations for the operation of the Supreme Court. Clerk's Salary. Section 5. That Section 24-4108 of the Code of Georgia of 1933, as amended by Georgia Laws 1937, page 449, which reads as follows: 24-4108 amended. Out of the costs collected as provided by sections 6-1702 and 6-1703 the clerk of the Supreme Court is hereby authorized to pay to the deputy cherk of the Supreme Court, as compensation for his services, the sum of $3,600, and to the stenographer for the clerk of the Supreme Court the sum of $1,200 per annum; Provided, that if said costs shall not amount to a sum sufficient for the purposes specified in this section and in section 24-4107, then the difference between the actual amount of such costs and the total of the several amounts so specified

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shall be paid to the clerk of the Supreme Court out of the State Treasury, upon the certificate of the Justices of the Supreme Court or as otherwise authorized by law, for the salaries specified in sections 24-4107 and 24-4108. be, and it is hereby amended by striking the same in its entirety and substituting and enacting in lieu thereof the following: The salary of the Deputy Clerk of the Supreme Court shall be $3,600 per annum, payable in equal monthly instalments, to be paid by the State Treasurer from appropriations for the operation of the Supreme Court. The Clerk of the Supreme Court, with the approval of the Court, may also employ and fix the salaries of such stenographers, clerical assistants and employees as may be necessary for the performance of the duties in the office of the Clerk. Such salaries shall be paid by the Clerk from the appropriations for the operation of the Supreme Court. Deputy Clerk. Stenographers. Section 6. That Section 6-1703 of the Code of Georgia of 1933, which reads as follows: It shall be the duty of the clerk of the Supreme Court and the Court of Appeals respectively to collect the costs prescribed in the foregoing section and to make an annual report to the State Treasurer containing a full statement of each case before the court during the year preceding his report and showing the amount of costs collected, and to annually pay into the treasury of the State the amount of costs shown by said report to be due the State. For failure to pay into the treasury any balance due he shall be liable to be ruled by the Treasurer in such court. be, and it is, hereby amended by striking the same in its entirety and substituting and enacting in lieu thereof the following: 6-1703. stricken. It shall be the duty of the Clerk of the Supreme Court

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and the Court of Appeals, respectively, to collect the costs prescribed in the foregoing section and to make a monthly report to the State Treasurer, and a copy to the State Auditor, containing a full statement of each case before the Court during the month preceding his report and showing the amount of costs collected, and to monthly pay into the treasury of the State the amount of costs shown by said report to be due the State. For failure to pay into the treasury any balance due he shall be liable to be ruled by the Treasurer in such Court. New section. Costs paid into Treasury. Section 7. That Section 24-3505 of the Code of Georgia of 1933, which reads as follows: 24-3505 stricken. The deputy clerk of the Court of Appeals shall receive, as compensation for his services, the sum of $2,000 per annum, to be paid out of the money arising from costs in cases before the Court of Appeals. be, and it is, hereby amended by striking the same in its entirety and substituting and enacting in lieu thereof the following: The Clerk of the Court of Appeals shall receive, as salary, the sum of $4,000 per annum, payable in equal monthly instalments. The Deputy Clerk of the Court of Appeals shall receive, as salary, the sum of $2,000 per annum, payable in equal monthly instalments. Such salaries shall be paid by the State Treasurer from appropriations for the operation of the Court of Appeals. New section. Clerk and Deputy, Court of Appeals. Section 8. The Section 24-3506 of the Code of Georgia of 1933, which reads as follows: 24-3506 stricken. Out of the costs collected as provided by sections 6-1702 and 6-1703, the clerk of the Court of Appeals is hereby authorized to pay to his deputy clerk as compensation for his services, the sum of $2,000, and to his stenographer the sum of $1,200 per annum. After the payment

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of the sum aforesaid, the clerk of the Court of Appeals is hereby authorized and directed to pay, from the excess or surplus remaining, the sum of $1,200 per year (or $100 per calendar month) to the stenographer employed by the State Reporter of decisions of the Supreme Court and of the Court of Appeals, as compensation or salary. be, and it is, hereby amended by striking the same in its entirety and substituting and enacting in lieu thereof the following: The Clerk of the Court of Appeals, with the approval of the Court, may also employ and fix the salaries of such stenographers, clerical assistants and employees as may be necessary for the performance of the duties in the office of the Clerk. Such salaries shall be paid by the Clerk from the appropriations for the operation of the Court of Appeals. New section. Section 9. The Supreme Court and the Court of Appeals shall employ and fix the salaries of such stenographers, clerical assistants and employees, necessary for the performance of the duties in the offices of the State Reporter and Assistant Reporter of decisions of such Courts, and the salaries shall be paid by the Clerks of the respective Courts, one-half each by each Court from the appropriations for the operation of the respective Courts. Reporter. Section 10. The Supreme Court may employ and fix the salaries of such other stenographers, clerical assistants and employees as may be deemed necessary by such Court, and the salaries therefor shall be paid by the Clerk from the appropriations for the operation of the Supreme Court. Employees. Section 11. The Court of Appeals may employ and fix the salaries of such other stenographers, clerical assistants and employees as may be deemed necessary by such Court,

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and the salaries therefor shall be paid by the Clerk from the appropriations for the operation of the Court of Appeals. Section 12. The Supreme Court shall purchase such books, pamphlets or other publications, and other supplies and services, as the Justices thereof may deem necessary, and the cost thereof shall be paid by the Clerk out of the appropriations for the operation of the Supreme Court. Supleme Court Supplies. Section 13. The Court of Appeals shall purchase such books, pamphlets or other publications, and other supplies and services, as the Judges thereof may deem necessary, and the cost thereof shall be paid by the Clerk out of the appropriations for the operation of the Court of Appeals. Court of Appeals Supplies. Section 14. That Section 24-3804 of the Code of Georgia of 1933 relating to contingent expenses of the Supreme Court be, and the same is, hereby repealed. 24-3804 repealed. Section 15. Nothing in this Act shall be construed as repealing Chapter 24-43 of the Code of Georgia of 1933 relating to six shorthand writers for the Supreme Court, their appointment, removal, duties and salaries, nor Chapter 24-44 of said Code relating to the sheriff of the Supreme Court, appointment, term of office, salary and costs, nor Section 24-3507 of said Code relating to salary of the sheriff of the Court of Appeals, nor Section 24-3508 of said Code relating to salaries of shorthand writers for the Court of Appeals, nor Section 24-3503 of said Code providing that the laws relating to the Supreme Court as to salaries of the Justices, and salaries and fees of officers, shall apply to the Court of Appeals, nor to Chapter 24-42 of said Code relating to the State Reporter and Assistant State Reporter of decisions of the Supreme Court and Court of Appeals, their appointment, duties and salaries. Shorthand writers. Sheriff. Justices. Reporters. Section 16. This Act shall become effective upon its passage

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by the General Assembly and approval by the Governor. Section 17. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 19, 1943. TAXATIONWELFARE BENEFITS. 92-3701. No. 297. An Act to amend an Act approved December 24, 1938, (Ga. Laws 1937-38, Ex. Sess., pp. 292-293) amending Section 92-3701 of the 1933 Code of Georgia providing the purposes for which County taxes may be levied by setting out the additional purpose of paying old-age assistance and assistance to the needy blind, and to dependent children, and other welfare benefits, so as to provide that the arrangement for and expenses of lunches for children of school age in the public schools of this State shall be deemed a welfare benefit for which county taxes may be levied and used; 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 December 24, 1938, (Ga. Laws 1937-38, Ex. Sess., pp. 292-293) be, and the same is, hereby amended by striking from the added paragraph in Section 1 of said Act the period appearing at the end thereof and inserting in lieu of the same a colon and adding thereto the following to wit: Provided, the arrangement for and expense of lunches for children of school age in the public schools of this State shall be deemed a welfare benefit for which county taxes may be levied and used within the total limit authorized by the Act approved December 24, 1938,

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(Ga. Laws 1937-38, pp. 292-293). so that the said Act, amendatory of Section 92-3701 of the 1933 Code of Georgia, when so amended, shall read as follows: 92-3701 amended. To provide for payment of old-age assistance to aged persons in need and for the payment of assistance to the needy blind, and to dependent children, and other welfare benefits: Provided, no person shall be entitled to the assistance herein authorized who does not qualify for such assistance in every respect in accordance with enactments of the General Assembly which may be in force and effect prescribing the qualifications for beneficiaries hereunder: Provided, the taxes authorized hereby shall not exceed three mills in any one year: Provided, the arrangement for and expense of lunches for children of school age in the public schools of this State shall be deemed a welfare benefit for which county taxes may be levied and used within the total limit authorized by the Act approved December 24, 1938, (Ga. Laws 1937-38, pp. 292-293). Old Age assistance. Lunches. Tax. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 11, 1943. TESTAMENTARY GUARDIANSAPPOINTMENT. 49-103. No. 298. An Act to amend Section 49-103 (3033) of the Code of Georgia of 1933 entitled Testamentary guardian; appointment, bond, and dismissal; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same:

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Section 1. Section 49-103 (3033) of the Code of Georgia of 1933 entitled Testamentary guardian; appointment, bond, and dismissal; be, and the same is hereby amended by striking from Line 2 thereof the word Father and inserting the word parent, and by striking from the end of Line 2 of the words persons or, and by striking from Line 3 the comma or both comma, and by inserting the words or either between the words his and children in Line 3, so that said Section when amended, will read as follows: 49-103 amended. 49-103. (3033) Testamentary guardian; appointment, bond, and dismissal. Every parent may, by will, appoint guardians for the property of his children, and such guardians shall not be required to give bond and security, except in case of waste committed or apprehended, or property coming to the ward from sources other than the father's will, when the ordinary shall require the same. If a testamentary guardian shall fail to give bond as required, the ordinary may dismiss him as guardian and appoint another, or may appoint another guardian for the property thus accuring. In all other respects a testamentary guardian shall stand on the same footing with other guardians appointed by the ordinary. Provided, however, that if one of the Parents be dead the surviving Parent may, by Will appoint Guardian for the person of his or her minor children. As amended. Section 2. All Acts and parts of Acts in conflict with this Act be and the same are hereby repealed. Approved March 11, 1943.

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TRADE AND PARTNERSHIP NAMESREGISTRATION. 106-301. No. 448. An Act to amend Section 106-301 of the Code of Georgia of 1933; to provide for a registration of business conducted under trade names, partnership names; 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, that Section 106-301 of the Code of Georgia of 1933, be, and the same is hereby amended as follows: By inserting in said Section the following words: that notice of such application giving the names and addresses of each person, firm or partnership, to engage in business of such trade name or partnership name shall be published in the paper in which the Sheriffs advertisements are printed once a week for two weeks so that said Section 106-301 of the Code of Georgia of 1933, when so amended, shall read as follows: 106-301 amended. Business conducted under trade names, partnership name, etc., to be registered; exceptions.Every person, firm or partnership, carrying on in this State any trade or business under any trade name or partnership name or other names, which does not disclose the individual ownership of the trade, business, or profession carried on under such name, shall within 30 days from the approval of this Chapter or thereafter commencing to do business, file in the office of the clerk of the superior court of the county in which said business is chiefly carried on, or in case of a domestic corporation, using any name other than its corporate name, in the county of its legal domicile,

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a registration statement, verified by affidavit, setting forth the name or names and addresses of the person, persons, firm, partnership owning and carrying on said trade or business, and stating the nature of the business being carried on and the trade, partnership, or other name used; and shall, upon any change of ownership, likewise file a new and amended statement of registration; that notice of such application giving the names and addresses of each person, firm, partnership, to engage in business of such trade name or partnership name shall be published in the paper in which the sheriffs advertisements are printed once a week for two weeks; Provided, that no person, firm, partnership, already registered shall be required to register except in the event of a change of ownership; Provided, further, that this Chapter shall not apply to persons practicing any profession under a partnership name. To read. Registration. Approved March 20, 1943. TREASURER AND COMPTROLLER GENERALSUSPENSIONREPEAL. 40-206, 40-1301. No. 34. An Act to repeal Sections 40-206 of the Code of Georgia of 1933 by an Act approved March 22nd, 1937 (Georgia Laws, 1937, pp. 431-432) and Section 40-1301 of the Georgia Code of 1933, providing for the suspension of the State Treasurer or Comptroller General; and for other purposes. Section 1. Section 40-206 of the Georgia Code of 1933 as amended by Act approved March 22nd, 1937 (Georgia Laws, 1937, pp. 431-432) entitled Suspension of the State

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Treasurer or Comptroller and Section 40-1301 of the Georgia Code of 1933 entitled Suspension of Treasurer; appointment of person to discharge duties, be and the same are hereby repealed in their entirety. 40-206 repealed. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 10, 1943. VOLUNTARY DEEDS AND CONVEYANCES. 96-205, 29-401. No. 67. An Act to amend Section 96-205 of the Code of Georgia of 1933, to provide that when a voluntary deed or conveyance shall be recorded in accordance with section 29-401 of said code, such voluntary deed or conveyance shall have priority, as provided in said last mentioned section, over subsequent deeds or conveyances: and for 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 96-205 of the Code of Georgia of 1933 relating to voluntary deeds or conveyances be and the same is hereby amended by adding at the end of said Section the following: provided, however that if said voluntary deed or conveyance shall be recorded in accordance with Section 29-401 of said Code, such voluntary deed or conveyance shall have priority, as provided in said last mentioned Section, over subsequent deeds or conveyances, so that said Section, as amended, shall read as follows: 96-205 amended. Section 96-205. Every voluntary deed or conveyance made by any person shall be void as against subsequent

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bona fide purchasers for value without notice of such voluntary conveyance; provided, however, that if said voluntary deed or conveyance shall be recorded in accordance with Section 29-401 of said Code, such voluntary deed or conveyance shall have priority, as provided in said last mentioned Section, over subsequent deeds or conveyances. To read. Recorded. Priority. 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 February 16, 1943. WORKMEN'S COMPENSATIONSTATE EMPLOYEES. 114-101, 114-101A. No. 468. An Act to amend Section 114-101 of the Code of Georgia of 1933 by adding thereto a provision that all employees of the State of Georgia shall be placed under the Workmen's Compensataion Laws of Georgia; to provide that the provisions of this Act so far as concerns the State of Georgia, and all Departments thereof shall include all compensible accidents which occurred on, before, or after February 1, 1943; to ratify and confirm any and all payments heretofore made by any department of the State of Georgia under the terms of the Workmans Compensation Law and to provide for the continued payment of all awards heretofore made which have been discontinued by reason of the said State not being included in the definition Employer in the original Act; to provide that if any section of this Act is declared to be unconstitutional,

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the remainder shall not be affected; 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 114-101 is hereby repealed in its entirety and a new section added in lieu thereof to read as follows: 114-101 repealed. Employer shall include the State of Georgia and all Departments thereof, any municipal corporation within the State, and any political division thereof, and any individual, firm, association or corporation engaged in any business operated for gain or profit, except as hereinafter provided, and the receiver or trustee of the same, and the legal representative of a deceased employer, using the service of another for pay. If the employer is insured this term shall include his insurer as far as applicable. New section State of Ga. Employee shall include every person in the service of another under any contract or hire or apprenticeship, written or implied, except one whose employment is not in the usual course of the trade, business, occupation or profession of the employer and, except as hereinafter provided, minors are included even though working in violation of any child labor law or other similar statute: Provided, that nothing herein contained shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, when the employee is dead, include also his legal representatives, dependents and other persons to whom compensation may be payable, pursuant to the provisions of this law. Minors. Section 2. That a new section be added to the Georgia Code of 1933 immediately following Section 114-101, to

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be known as Section 114-101A which said new section shall read as follows: Section 114-101A, So far as concerns the State of Georgia or any Department thereof which has been operating under the terms of the Workmans Compensation Law, said State and such departments thereof shall be deemed to have been included in the original Act under definition of Employer. Any payments heretofore made under awards of the Industrial Board to State employees are hereby ratified and confirmed and any payments of awards which were being made by the State or any of its departments on or before February 1, 1943, but discontinued on account of the State and its Departments not being included in the definition of Employer shall be resumed as of the date of discontinuance, and compensible accidents which occurred prior to the passage of this Act for which awards were not made but for which awards are hereafter made, shall be paid by said State or the departments thereof in the same manner as other awards heretofore or hereafter made. New 114-101 A. Invalid parts. Section 3. Should any portion of this Act be declared to be unconstitutional such declaration shall not void the remainder of this Act, but such portions as are not specifically declared to be unconstitutional shall continue in full force. Section 4. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 20, 1943.

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TITLE VI. GENERAL CIVIL AND PENAL LAWS. ACTS. Acts and Resolutions of General AssemblyCompilation. Additional Election Precincts in Militia Districts. Administrators, Executors, Guardians, Etc. Accountings and Returns. Administrators, Executors, etc.Sales of Stocks and Bonds. Administrators, Executors and GuardiansSales. Administrators, Executors, Guardians, TrusteesSuspension During War Service. Adopted ChildrenBirth Certificates. Army OfficersEx-Officio Notaries Public. Attorneys' Fees in Contested Will Cases. BirthEstablishing Time and Place. Birth RecordsCertified Copies. Carrier Pigeons Protected. Central Standard Time Adopted. City Court Solicitor's Assistant. Clerk, Sheriff and Tax CommissionerCompensation in Certain Counties. Clerk Superior CourtCompensation in Certain Counties. Campaign Expenses Limited. Common Trust FundsInvestments. ConvictsSegregation of First Offenders. Costs in [Illegible Text] Cases. Counties, Municipalities and School DistrictsInvestment of Funds. County Officers' Compensation. County Police and FiremenPensions. County Police Pensions. Dance Halls, Road Houses, Tourist Homes, etc., Regulated. Destruction of Useless Public Records. Divorce CasesCosts in Certain Counties. Divorce CasesCosts in Certain Counties. Divorce CasesCosts in Certain Counties. Divorce CasesCosts in Certain Counties. Divorce CasesCosts in Certain CountiesRepealing Act. Dog and Horse MeatSale Regulated. ElectionsDisposition of Applications for Ballots. ElectionsHours For Holding. ElectionsNo Solicitation Zones. ElectionsPrecinct Hours. ElectriciansBoard of Examiners. ElectriciansRenewal Certificates.

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ElectionsCandidates for General Assembly. Entomology Act of 1937Amending Act. Executive Committee's Terms Extended. Fence and Stock LawAct 1927 Repealed. Fire Defense Mobilization. Forest Fire Prevention. Fraternal Benefit Societies. General Election Bienially in August. Hunting and Fishing Licenses. IlligitimatesDiscrimination Forbidden. Justices of the Peace and ConstablesCompensation. MortgagesEffect of Filing for Record Limited. NewspapersOfficial Organs Status Preserved. Oysters and Oyster BedsRegulated. Parks and Public LandsUse for Growing Food Products. Pecan NutsLicensing of Dealers and Processors. Pensions for City Employees. Pensions for County EmployeesRepealing Act. Pensions for Teachers and School Employees. Pensions for Firemen in Certain CitiesAmending Act. Photographic Recording by Ordinary in Certain Counties. Primary ElectionsCandidates for General Assembly. Prison CommissionYouthful Convicts. Prostitutes and Prostitution. Public Safety DepartmentSheriff's Fees. Real Estate BrokersAmending Act. Record Limit of Mortgages, etc.Act 1937 Amended. Recording Certified Copy of Recorded Insstruments. Registration of Index Cards and Precinct Files. Registration of VotersAdditional Regulations. Shell Fish and Oyster BedsSanitary Conditions. Sheriff's Compensation in Certain Counties. Sheriff's Compensation in Certain Counties. Sheriff's Compensation in Certain Counties. Sheriff's Compensation in Certain Counties. Sheriff's Compensation in Certain Counties. Sheriffs'Additional Fees. SheriffVacancies in Certain Counties. Slum Clearance in Certain Counties. Special Policemen for Public Properties. SyphilisBlood Test During Pregnancy. Tax Commissioner's Compensation. Title InsuranceSuperseding Act. Unemployment CompensationAmendments. Unemployment CompensationBenefit Rights During the War. Unemployment Compensation LawAmending Act. Veterans' Licenses. Voting Precincts in Certain Counties. Year's SupportConveying and Encumbering.

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ACTS AND RESOLUTIONS OF GENERAL ASSEMBLYCOMPILATION. No. 376. An Act to amend an Act of the General Assembly approved March 29, 1937 (Georgia Laws 1937, pp. 503-515) relating to the duties of the Supervisor of Purchases, by adding to Section 2 of said Act a new sub-paragraph, to be known as Sub-paragraph G, said Sub-paragraph G to provide that it shall be the duty of the Secretary of State to employ a person or persons to prepare and compile the Acts and Resolutions of the General Assembly, and to provide that the Secretary of State shall pay as compensation such amounts as may be agreed upon with the person or persons doing such work, provided however that the amount shall not exceed $1,000.00, to be paid out of the funds approprated for the expenses of the General Assembly; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That an Act of the General Assembly approved March 29, 1937 (Georgia Laws 1937, pp. 503-515) relating to the duties of the Supervisor of Purchases, be, and the same is hereby amended by adding a new sub-paragraph to Section 2, said new sub-paragraph to be known as sub-paragraph G, which shall read as follows: Act of 1939 amended. G. It shall be the duty of the Secretary of State to employ a competent person or persons to compile the Acts and Resolutions of the General Assembly of Georgia, and such person or persons compiling such Acts and Resolutions shall be paid, out of the funds appropriated for expenses of the General Assembly, such amount as may be agreed upon between such persons and the Secretary of State; provided, however, that such amount shall

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not in any event exceed the sum of $1,000.00. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 19, 1943. ADDITIONAL ELECTION PRECINCTS IN MILITIA DISTRICTS. No. 421. An Act to authorize additional election precincts in a single militia district in unincorporated areas of counties having a population of two hundred thousand (200,000) or more according to the United States census of 1940 or any future United States census where, because of size or distribution of population, manifest inconvenience results from the limitation of the number of precincts to one in each militia dstrict; to require the previous recommendation of the Grand Jury of the county where such district is located before such additional precinct is established; to provide for the division of a militia district into precinct areas where such additional election precinct is authorized; to require voters residing in such areas to vote in the precinct areas so established; to provide that all other laws relating to the conduct of elections in militia districts where such precinct areas are located shall apply to elections therein; 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 it shall be lawful, after Grand Jury recommendation as provided herein, for the Board of Commissioners of Roads and Revenues or other County Authority of any county having a population of two hundred thousand (200,000)

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or more according to the United States census of 1940 or any future United States census to set apart and establish within the limits of a militia district lying wholly outside of incorporated cities, towns and villages additional and separate precinct areas, in any case where because of size of the militia district or distribution of the population therein manifest inconvenience will result to the qualified voters in such district unless such additional precinct is established. Such additional precinct area, when established, shall relate only to elections held after ninety (90) days from the date of resolution or order of the county authority establishing same, and when so established the remaining part of said militia district shall also constitute a precinct area. Population. Additional Precinct. Section 2. Be it further enacted that no additional precinct area shall be established in the manner herein provided unless the Grand Jury of the county in which such militia district is located shall first recommend and request the county authority to establish same. Recommended by Grand Jury. Section 3. Be it further enacted, that after such Grand Jury recommendation said Board of Commissioners or other county authority may, within a period of sixty (60) days, by resolutions entered on its minutes, establish such additional precinct area within such militia district, with metes and bounds to be determined by the county authority, of which resolution a copy shall be published within ten (10) days from the date thereof in the newspaper wherein the sheriff's advertisements of said county are published. The expense of said publication shall be paid by the county treasury. Publication. Section 4. Beginning ninety (90) days after the date of such resolutions, any state, national, county, primary or special election held in such militia district shall be held at each of the princinct areas herein provided for such militia district, with separate precincts for each precinct area, and qualified voters residing and voting therein shall vote at the

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precinct provided for the precinct area where they reside. Section 5. Be it further enacted that all laws relating to the conduct of elections in militia districts shall apply to each of the precinct areas established pursuant to the authority of this Act. Section 6. Be it further enacted that all laws and parts of laws in conflict with this law be, and the same are, hereby repealed. Approved March 20, 1943. ADMINISTRATORS, EXECUTORS, GUARDIANS, ETC. ACCOUNTINGS AND RETURNS. No. 406. An Act to provide for intermediate reports and accountings by fiduciaries; to change the time for the filing of annual returns by executors, administrators, guardians, trustees, and other fiduciaries; to provide at the option of the fiduciary an intermediate final report and accounting at three year intervals; to provide and prescribe what information shall be set forth in petitions for such intermediate final accounting so as to clearly show the condition of the trust and the administration thereof during the period covered; to permit fiduciaries not required by the terms of the will or trust instrument to make annual returns to have intermediate final accountings at their option; to prescribe the procedure in the court of ordinary and the superior court upon such petitions; to provide for service on parties at interest and for service on non-residents; to provide that contingent remaindermen need not be made parties or served; to provide for the appointment of guardians ad litem for minors and persons under disability;

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to provide for the waiver of service and notice; to provide for the filing of objections to the fiduciary's report and for the hearing thereof; to provide for appeals to the superior court; to provide for judgment against the fiduciary when authorized by law and the evidence; to provide for the transfer of said accounting to the superior court in certain cases; to provide that all parties at interest shall be bound by the order of court on such accountings and may not thereafter be heard to contest questions covered thereunder in the absence of fraud, accident or mistake; and for 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. Within sixty days after the anniversary date of his qualification, in each year, every administrator, executor, guardian and trustee and other fiduciary now required by the laws of this State to make annual returns, shall make a true and just accounting upon oath of his receipts and expenditures in behalf of the estate during the year preceding such anniversary date of qualification, together with a note or memorandum of any other fact necessary to the exhibition of the true condition of such estate. With this return the original vouchers shall be filed showing the correctness of each item; and, at the option of the executor or administrator, copies of all the vouchers may be attached. The original vouchers shall remain in the Ordinary's office thirty days. If any of the receipts shall be for cotton, corn or other products sold, the voucher shall show the cost of each, the price at which it was sold, the name of purchaser and the time of sale. Annual returns. Vouchers. Section 2. For the period ending with the third anniversary from the qualification of such fiduciary, and for each three year period thereafter, such fiduciary may file a report

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to be known as an intermediate final report to the date specified. Whenever any fiduciary shall elect to have an intermediate final accounting under the provisions of this Act he shall within sixty days after any such anniversary date file his petition in the Court of Ordinary of the county wherein his annual returns are filed and shall set forth in said petition and report, or in exhibits thereto all of the information now required by law for annual returns, and in addition thereto shall show: Intermediate reports. Procedure. Contents. (a) The period which the account covers; (b) The names and addresses of the living beneficiaries known to fiduciary, with a statement as to those known to be minors or under legally declared disability; and a description of any possible unborn or unascertained beneficiaries; and the name of the surety or sureties on the fiduciary's bond with the amount of such bond; (c) In a separate schedule the trust principal on hand at the beginning of the accounting period and the then status of its investment; the investments received from the decedent, ward, or settler and still held; additions to trust principal during the accounting period with dates and sources of acquisition; investments collected, sold or charged off during the accounting period, with the consequent loss or gain and whether credited to principal or income, investments made during the accounting period, with the date, source and cost of each; deductions from the principal during the accounting period, with the date and purpose of each; and trust principal on hand at the end of the accounting period, how invested, and the estimated market value of each investment; (d) In a separate schedule the trust income on hand at the beginning of the accounting period, and in what form held; trust income received during the accounting period, when, and from what source; trust income paid out during

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the accounting period, when, to whom, and for what purpose; trust income on hand at the end of the accounting period, and how invested. (e) A statement of unpaid claims with the reason for failure to pay them, including a statement as to whether any estate or inheritance taxes have become due with regard to the trust property, and if due, whether paid; (f) A brief summary of the account; (g) Such other facts as the court may rule or by court order require. Section 7. Fiduciaries, who by the terms of the will, deed or other instrument creating the trust, are not required to make annual returns, may elect to have intermediate final accountings under the terms of this Act, and in such cases the petition, reports and returns of such fiduciaries shall cover the entire period since the qualifications of the fiduciary or the last intermediate final accounting, if such an accounting has ever been had. Intermediate accountings. Section 4. When the anniversary date of the qualification of the fiduciary occurs less than six months after such fiduciary has filed returns under the existing law, he shall not be required to file another return until the second anniversary date of his qualification following the filing of said previous return, and shall then cover in said return the entire period since his last return. But when the anniversary date of qualification occurs more than six months after such fiduciary has filed a return under the existing law, he shall file another return within sixty days after such anniversary date as required by this Act covering the period from the last return to said anniversary date. When filed. Section 5. Upon such petition and return being filed with the Ordinary, he shall, upon written order, fix a time and place for a hearing thereon, and in such order shall name

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the persons on whom service shall be made by personal service, or by service by publication for non-residents. Service on contingent remaindermen need not be required by such order. Residents of the State of Georgia named in said order shall be served personally with a copy of said petition and return. Service on non-residents of this State named in said order shall be perfected in the same manner that service is perfected on such non-residents of petitions for the probate of wills in solemn form. In addition, citation shall issue addressed to all other persons at interest, in such form as the Ordinary shall direct, and shall be published in the newspaper in which Sheriff's advertisements appear for the county, once a week for four weeks prior to the date fixed for such hearing. Guardians ad litem shall be appointed for minors and persons under disability. The date for hearing on said petition shall be fixed by the Ordinary at a regular term of the Court of Ordinary which convenes not less than twenty days after the date of the filing of said petition. In cases where it is necessary to perfect service on non-residents by publication, the court shall fix the time of hearing sufficiently in advance in order to permit service by publication as now provided by law, and, if necessary, the Court may from time to time continue said hearing by regular written orders in order to permit service to be perfected or for other causes. Order for hearing. Service. Citation. Guardian ad litem. Hearing at regular term. Section 6. All parties at interest who are sui juris may waive in writing service, time of service, notice and time of notice of hearing, and after having been duly appointed and accepting appointment, guardians ad litem may likewise make such waivers in behalf of the parties represented by them. Service waived. Section 7. At or before the time fixed for hearing, any parties at interest may file objections to the fiduciary's report, actings and accounting, in which case the hearing on said accounting shall be automatically continued until the

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next regular term of the Court of Ordinary, when subject to the court's power to grant continuances, the same shall be heard as other causes pending in said court with like right of appeal to the Superior Court, and in such case as appeal by consent may be taken to the Superior Court. The parties at interest who have been regularly served as herein provided and who have filed no objections to the report and accounting, need not be served with notice of an appeal or any other or further proceedings and their consent shall not be required to an appeal to the Superior Court. Objections. Hearing continued. Appeal. Section 8. Should it appear on said accounting that a fiduciary is liable to the trust or any beneficiary or beneficiaries thereof, the Ordinary is authorized, and it shall be his duty to enter a judgment surcharging such fiduciary in such amount as authorized under the law and evidence. Judgment surcharging fiduciary. Section 9. The Court of Ordinary upon its own motion, or upon motion of any party at interest whenever it shall appear that a question of construction of a will or trust instrument is involved in said accounting, shall enter an order transferring said accounting to the Superior Court for the determination of all such questions which shall be presented to, heard and determined by the Superior Court as appeals from the Court of Ordinary are presented, heard and determined, and after the determination of such questions of construction by the Superior Court, the Court of Ordinary shall proceed with said accounting. Transferring to superior court. Section 10. All parties in interest shall be bound by the order of the court on such accounting and thereafter no such person shall be heard in any court (except upon appeal as above provided) to contest or question any matters or things covered by said accounting and the order thereon in the absence of fraud, accident or mistake. Patries bound by order. Section 11. Costs shall be taxed against the estate or the parties as the court shall deem fair and reasonable. Section 12. This Act shall become effective immediately

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upon its passage by the General Assembly and approval by the Governor. Section 13. Be it further enacted that if any section, clause, provision or portion of this Act shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect or invalidate any other section, clause, provisions or portion of the Act. Section 14. 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 20, 1943. ADMINISTRATORS, EXECUTORS, ETC.SALES OF STOCKS AND BONDS. No. 65. An Act to provide how guardians, administrators, executors, trustees and other fiduciaries may sell stocks or bonds which are listed upon a stock exchange; 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 any guardian, administrator, executor, trustee, or other fiduciary authorized to sell stocks or bonds which are listed upon any stock exchange may sell same at private sale at not less than the stock exchange bid price for such stocks and bonds at the time of the sale; provided that such Guardian, administrator, Executor, Trustee or other fiduciary making such a sale shall file with the Court of Ordinary a copy of the Broker's Confirmation of such sale, showing date and time of sale and proceeds of sale. Private sale. Confirmation. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 16, 1943.

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ADMINISTRATORS, EXECUTORS AND GUARDIANS SALES No. 114. An Act to provide for the sale and transfer by guardians, administrators, executors, trustees, and other fiduciaries of notes, and other evidences of indebtedness; 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 whenever any guardian, administrator, executor, trustee, or other fiduciary shall hold any note or other evidence of indebtedness, he may sell and transfer the same and collateral and other security, if any, securing the same, at private sale and without any order of court, provided he shall receive therefor the full face value of such note or other evidence of indebtedness. Private sale. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 22, 1943. ADMINISTRATORS, EXECUTORS, GUARDIANS, TRUSTEESSUSPENSION DURING WAR SERVICE No. 407 An Act to provide for the suspension by court order upon petition of parties at interest of any trustee, administrator, executor, guardian or other fiduciary as defined herein who enters the war service as herein defined; for the appointment of a successor to act during said period of war service or longer as the court may order; to fix the powers, duties and responsibilities of said successor

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or surviving fiduciary; to repeal all laws and parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same as follows: Section 1. War Service as hereinafter defined is that which a trustee, administrator, executor, guardian or other fiduciary may enter and which renders it impossible or inconvenient for him to perform the duties imposed upon him as such fiduciary. Section 2. Definitions. When used in this Act unless the context otherwise requires: (a) War Service shall be deemed to include the following, during the period that the United States shall be engaged in war with any foreign nation: Words defined. (1) Active membership in the military, naval, or air forces of the United States or of any of its Allies. (2) Acceptance for membership in the military, naval, or air forces of the United States or any of its Allies and awaiting induction into that service. (3) Participation in any work abroad in connection with a governmental agency of the United States, with the American Red Cross, or with any other similar service. (4) Internment in any enemy country, or absence from the United States. (5) Any service at home or abroad arising out of or in connection with the war, which in the opinion of the court prevents the fiduciary from giving the proper attention to his duties. (b) Trustee when used in this Act shall be deemed to refer to any trustee, sole or co-trustee, and to any advisor

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or consultant exercising any fiduciary control over a testamentary or an express trust. (c) Administrator, Executor or Guardian shall be deemed to refer to any sole or co-administrator, co-executor or co-guardian appointed to administer the estate of a decedent or of an infant or of an incompetent person, as the case may be. (d) Fiduciary shall be deemed to refer to and include Trustee, Administrator, Executor or Guardian as above defined. Section 3. Whenever any trustee is engaged in the War Service the remaining trustee, if any, or any other person interested in the trust fund or trust estate, may petition the Superior Court of the county wherein the trustee resides or of the county wherein one or more beneficiaries of said trust resides for the appointment of a new trustee in the place of the trustee so engaged in the War Service, and upon such notice to such persons as the court shall direct in a summary manner, said court shall have full power and authority to appoint a new trustee to serve in place of such trustee engaged in War Service with all the authority and subject to all the pains and penalties of such trustee so engaged in War Service. New trustees. Section 4. Whenever any administrator, executor or guardian is engaged in the War Service the remaining administrator, executor or guardian, if any, or any other person interested in the estate of a decedent or of an infant or of an incompetent person, may petition the Court of Ordinary which appointed said administrator, executor or guardian, for the appointment of a new administrator, executor or guardian, as the case may be in the place of the administrator, executor or guardian so engaged in War Service and upon such notice to such persons as the court shall direct in a summary manner, said court shall have full power and

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authority to appoint such new fiduciary to serve in place of such administrator, executor or guardian engaged in War Service with all the authority and subject to all the pains and penalties of such fiduciary so engaged in War Service. New administrator, etc. Section 5. Hearing upon said petition may be had in vacation or in term time, and upon the hearing the judge of the Superior Court or the Ordinary, as the case may be, may: Hearing. (a) Order the suspension of the powers and duties of the fiduciary who is in War Service for the period of the War Service and until the further order of the Court; Court order. (b) Appoint a successor fiduciary to serve for the period of suspension of the powers and duties of the fiduciary, if upon suspension of his powers and duties there is no fiduciary to exercise the powers and duties of the fiduciary who is in War Service; (c) Decree that the ownership and title to the trust res shall vest in the successor fiduciary or co-fiduciary, as the case may be, and that the duties, powers and discretions, or such of the powers and discretions as are not personal to the fiduciary, may be exercised by the co-fiduciary or successor fiduciary; or (d) Make such further orders in the premises as the court may deem advisable for the proper protection of the trust estate, and authorize a reasonable compensation to the successor trustee. (e) Reserve jurisdiction for the entry of further orders and for the reinstatement of the fiduciary. (f) Tax the costs against the estate or the parties as to it shall seem fair and reasonable. Section 6. The trustee, administrator, executor, or guardian whose powers and duties shall have been suspended by

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order of said court shall have no responsibility for the acts and doings of his co-trustee, co-administrator, co-executor or co-guardian or his successor fiduciary during the suspension of his powers and duties, but he shall not thereby be relieved of responsibility for his own acts and doings in the administration of the trust fund or estate. The successor appointed under this Act shall have no responsibility for the acts and doings of his predecessor in office. Responsibility of fiduciary. Be it further enacted that all laws and parts of laws in conflict herewith be repealed. Approved March 20, 1943. ADOPTED CHILDRENBIRTH CERTIFICATES. No. 460. An Act to amend the Acts of the General Assembly of Georgia of 1941, pages 300 et seq., by amending Section 14 Subsection 2 thereof so as to require the department of Public Health to issue a certificate of Birth showing the birthplace of the child to be the place of residence of the parents by adoption, or the residence of the child, 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 14, Subsection 2 of the 1941 Acts of Georgia, page 300, be amended by striking said subsection in its entirety and inserting in lieu thereof, to be known as Section 14, Subsection 2, the following: Ga. Laws, 1941 p. 300, Sec. 14(2) stricken. 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 statistics of the Georgia

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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, date of birth, and place of birth as the residence of the adopting parent or parents, if born within the State of Georgia, or the residence of the adopted child if born within the State of Georgia, as the adopting parent or parents may direct, but no reference in any such birth certificate 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. As amended. Birth certificate. Record Approved March 20, 1943. ARMY OFFICERSEX-OFFICIO NOTARIES PUBLIC. No. 456. An Act to constitute all commissioned officers of all branches of the armed Services of the United States of America ex-officio Notary Publics of the State of Georgia; to provide that their actings and doings as such shall have the same dignity as those of regularly appointed Notary Publics of the State of Georgia; to provide

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the ratification of all of their actings and doings as such for a period of two years prior to the effective date of this enactment; to provide that in the event any portion hereof be held invalid that same shall not affect the validity of the other portions; and to provide for the repeal of any laws in conflict herewith. Section 1. That all commissioned officers of all branches of the armed services of the United States of America are hereby constituted ex-officio notaries public of the State of Georgia, and as such are authorized, within and without the State of Georgia and within and without the United States of America, to administer oaths, take acknowledgments, and attest instruments conveying or affecting property in Georgia. Acts performed by such officers as herein authorized shall have the same effect as if performed within the State of Georgia by notaries public of the State of Georgia. A statement of his rank following the signature of any such officer shall evidence the fact of his rank, and no seal shall be necessary. Ex-officio Notaries Public. Section 2. Be it further enacted that all such actings and doings of such commissioned officers for a period of two years prior to the effective date of this enactment are hereby confirmed and ratified. Acts confirmed. Section 3. Be it further enacted; that should any portion of this enactment be held invalid, that this should not affect the validity of the other portions hereof. Invalid parts. Section 4. Be it further enacted; that all laws in conflict herewith be and the same are hereby repealed. Approved March 20, 1943.

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ATTORNEY'S FEES IN CONTESTED WILL CASES. No. 425. An Act to authorize the recovery of Attorney's Fees and expenses by persons who are named as executors in wills which are contested and subsequently determined to be invalid when such persons in good faith offer the same for probate: To authorize such persons to employ attorneys in contest of wills. And if the wills are subsequently determined to be invalid to authorize upon court approval the payment of attorney's fees from the 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 the same: Section 1. That those who are named as Executors in purported wills of decedents shall be entitled to recover from the estate of the decedent expenses, including a reasonable attorney's fee if the services of an attorney are employed for offering for probate wills in solemn or common form, even though the will is subsequently determined not to be the valid will of the testator. Provided, however, such persons shall not be entitled to recover from the estate the expenses and attorney's fees incurred in the effort to sustain the will in the event of a contest, unless the person so named proceeds in good faith; the Court of Ordinary shall determine upon the petition of a person so named, the amount of expenses, and the amount to be paid the attorney so employed, and its order shall be subject to appeal to the Superior Court as is now in other cases provided. Attorney's fees. Appeals. Section 2. That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved March 20, 1943.

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BIRTHESTABLISHING TIME AND PLACE. No. 403. An Act to provide for the filing of a petition to the Superior Court or the Court of Ordinary by any person desirous of establishing the time and place of his birth, and of securing the issuance of a certificate of birth; to provide for the contents of said petition; to provide that the petitioner must have been a bona fide resident of the State of Georgia for at least six months prior to the filing of said petition; to provide filing of affidavit covering advertising by petition in newspaper; to set cost of advertising; to provide for a hearing on said petition and the evidence to be submitted at such hearing; to provide for the issuance of a judgment determining the time and place of petitioner's birth; to provide that the Ordinary may delegate his duties and authority under the terms of this Act to any lawful Deputy of such Ordinary or to such other person as the Ordinary may designate, after such person has first been approved by the State Department of Public Health; to provide for the cost of proceedings under the terms of this Act; to provide for the filing of judgments rendered hereunder in the office of the Ordinary of the County where the same are issued, and to require the keeping of an index of such judgments; to provide for the filing of a certified copy of said judgments with the State Department of Public Health; to provide that said judgments and certified copies thereof shall have the same force and effect as birth certificates from a local registrar under the provisions of existing law to provide for the repeal of laws or parts of laws in conflict herewith, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enaced by the authority of the same, as follows: Section 1. The Petition: Any person desirous of establishing

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the time and place of his or her birth and of securing the issuance of a birth certificate; where such person was born prior to the year 1919 or where a registration of such person's birth is not on file with the State Department of Public Health, may present a petition to the Superior Court or to the Court of Ordinary of the County of such person's residence or birth. The petition shall be on a form to be prescribed by and shall contain such information as may be required by the State Department of Public Health under the rules and regulations which may be promulgated from time to time by the State Department of Public Health. Petition. Section 2. Residence of Applicant: The applicant, if born outside the State of Georgia, must have been a bona fide resident of the State of Georgia for at least 36 months prior to the filing of the petition herein provided for, and this act shall be proved by an affidavit from two freeholders in the county of the applicant's residence, or if the applicant has not been a resident of the State of Georgia for at least six months he must present an affidavit from a bona fide resident of Georgia, stating that applicant's services are needed in a war activity in the State of Georgia. Residence. Section 3. Filing of Affidavit: Every applicant shall file with his petition an affidavit from the publisher or a representative of the publisher of the official organ publishing sheriff's advertisements in the county in which said petition is filed, or, if no newspaper is published in such county, then of a newspaper of general circulation in an adjoining county, which affidavit shall state the applicant has deposited with such publisher a sufficient sum of money to pay for publishing in one issue of such newspaper a notice which shall contain the name of the petitioner, the purpose for which the petition is filed, and the date that said petition was filed. The cost of publishing said notice shall not exceed the sum of one dollar and twenty-five ($1.25) cents.

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The hearing on the petition and the entering of judgment under the terms of this act shall not be delayed due to notice not having been published, but said notice shall be published in the earliest edition possible of said paper after such notice has been filed for publication. Affidavit. Section 4. Hearing; Evidence; Judgment: The petition to establish the time and place of the applicant's birth and to secure the issuance of a birth certificate may be had at any time, either in term or vacation, by the court to which such petition is made. Upon the hearing the applicant shall submit such evidence as may be, from time to time prescribed by the rules and regulations of the State Department of Public Health. The hearing shall be had as promptly as possible after the filing of the petition. The Judge of the Superior Court, Ordinary, or other person authorized by the Ordinary, shall pass upon all issues of fact and law, unless a jury trial shall be demanded by the applicant or by any contestant of the applicant's petition. If a jury trial is requested, the Judge of the Superior Court, Ordinary, or other person as the case may be, shall cause the matter to be referred to a jury at the term of court which may be then in session, or at the next term of the court. Upon the termination of the hearing, whether before a jury, before a Judge of the Superior Court, before an Ordinary, or before some other person authorized to act under the terms of this Act, the officer holding such hearing shall make and enter a judgment as to the status of the applicant, as to the time and place of the applicant's birth, and such other matters as may be prayed by the applicant or as may be required by the rules and regulations of the State Department of Public Health. Hearing. Jury trial. Section 5. Delegation of Authority by Ordinary: Any Ordinary of this State may delegate his duties and authority, under the terms of this Act, to any lawful deputy of such Ordinary or to any such person as the Ordinary may

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designate, and deputize, after such person has first been approved by the State Department of Public Health. Any such person to whom such authority is delegated by the Ordinary may act as fully and completely hereunder as the Ordinary himself might act, and the findings and rulings of such persons shall have the same force and effect as if such findings and rulings had been made by the Ordinary, as herein provided. Delegation of Authority. Section 6. When a judgment is issued under the terms of this Act, determining the time and place of the applicant's birth, a copy of such judgment shall be filed in the office of the Ordinary of the County in which such judgment is rendered, and the Ordinary shall keep an indexed record to be known as Birth Certificate Record, and shall enter thereon the proper index of such judgment. A certified copy of such judgment shall be transmitted by the Court issuing the same to the State Department of Public Health, and shall be filed as a permanent record with the Bureau of Vital Statistics with the same force and effect as a certificate of birth from a local registrar under the provisions of existing law. A filing fee of fifty cents shall be transmitted with each such certified copy to the State Department of Public Health as a filing fee to be used by the Georgia State Department of Public Health in the administration of this act. Record. Fee. Section 7. The applicant shall pay, upon the filing of the petition herein provided for, when such petition is filed to the Ordinary or other person delegated by the Ordinary, an examination fee of Two Dollars ($2.00), and the filing fee of fifty cents to be paid to the State Department of Public Health, or a total cost of Two and 50/100 Dollars ($2.50). The applicant shall pay to the Ordinary or to the State Department of Public Health, as the case may be, an additional fee of fifty cents for each certified copy of the judgment desired by the applicant. Where the petition is filed to the Superior Court the cost of such proceeding shall

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be charged to and paid by the petitioner as other costs in the Superior Court are assessed, which costs shall include the fee of fifty cents for filing with the State Department of Public Health. Examination fee. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 20, 1943. BIRTH RECORDSCERTIFIED COPIES. No. 303. An Act to authorize the State Board of Health and all other officials certifying as to birth records, unless a certified copy containing more complete information is requested, to issue a certificatae only as to the following items: Name of child, date of birth, place of birth, color and sex; to provide that certified copies of birth records containing complete information thereof shall only be issued by the State Board of Health or other officials certifying to birth records, when requested to do so by any of the following: The person whose record of birth is registered, if of age either parent of the person whose record of birth is registered, the legal representative of the person whose birth is registered, order of any Court of Record or and governmental agency, State or Federal, provided such certificate shall be supplied without cost to the State; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The State Board of Health and all other officials authorized to issue certified copies of birth certificates, in furnishing information of birth registrations on file in its offices, shall, unless a certified copy containing more complete information is requested, be authorized to certify only

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the following items, to wit: Name of Child. Date of birth. Place of birth. Color and sex. Certified Copies contents. Section 2. Certified copies of birth records containing complete information thereof shall only be issued by the State Board of Health or other officials authorized to issue certified copies of birth records, when requested to do so by any of the following: Complete information. 1. The person whose record of birth is registered, if of age. 2. Either parent of the person whose record of birth is registered. 3. The legal representative of the person whose record of birth is registered. 4. Order of any Court of Record. 5. Any governmental agency, State or Federal, provided such certificate shall be supplied without cost to the State. Section 3. That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved March 11, 1943. CARRIER PIGEONS PROTECTED. No. 266. An Act to make it unlawful to kill, shoot, injure, or detain, any racing, or homing, or carrier, pigeon having a band on either leg, and provide punishment for violation of this Act and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act it

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shall be unlawful for any person knowingly to kill, shoot, injure, or detain, any racing, or homing or carrier, pigeon having a band on either leg. Section 2. Be it further enacted that any person violating the provisions of this Act shall be guilty of misdemeanor and upon conviction shall be punished as prescribed in Section 27-2506 of the Code. Penalty. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith are hereby repealed. Approved March 4, 1943. CENTRAL STANDARD TIME ADOPTED. No. 6. An Act to amend an Act of the General Assembly of Georgia, approved March 21, 1941 (Ga. Laws 1941 pp. 427-28), entitled: 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, so as to amend said Act by substituting the word `Central' in lieu of the word `Eastern' wherever the same appears in said Act, so as to provide Central Standard Time for the State of Georgia, and for other purposes, the said Act when amended to read as follows: 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 Central Standard Time shall prevail, so that the entire area of the State of Georgia

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will be included in the territory using Central Standard Time. Territory affected. 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 Central Standard Time; Provided however, this Amendment shall be subject to the War Time or An Act to save daylight, as amended by the Congress of the United State of America and shall be effective only so long as the State of Georgia has War Time or Daylight Saving Time as provided by said congressional act, and when the amendment, approved January 20, 1942 to an Act of Congress approved March 19, 1918, entitled, An Act to save daylight and to provide standard time for the United States, ceases to be effective, then this amendment shall be no longer effective and the State of Georgia shall have Eastern Standard Time as provided in the Act of the General Assembly of Georgia, which, as aforesaid, was approved by the General Assembly of Georgia March 21, 1941 (Ga. Laws 1941 pp. 427-28). Effective date. Eastern Standard Time. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 18, 1943. CITY COURT SOLICITOR'S ASSISTANT. No. 364. An Act to provide for the appointment of an Assistant Solicitor of the City Court of all counties of this State having a population of not less than 81,800 and not more than 83,000 according to the United States Census of 1940 or any future United States Census, to provide for his duties, compensation, authority and term of office,

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and to provide that there shall be no special criminal Bailiff in said court or Probation Officer, and to repeal all acts in conflict therewith. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same as follows: to-wit: Section 1. (1) In all counties in this State having a population of not less than 81,800, and not more than 83,000 according to the United States census of 1940, or any future census of the United States, the Solicitor of the City Court of said County shall have the right and authority to appoint an Assistant Solicitor, with the approval of the Judge of said court, to serve at the pleasure of the Solicitor and Judge of said court. Certain Counties. Assistant Solicitor. (2) The Assistant Solicitor of the City Court herein provided for, before assuming office, shall take the same oath of office as is prescribed for the Solicitor of the City Court in which he is appointed. The said Assistant Solicitor of the City Court shall have such authority as may be delegated to him by the Solicitor of the Court in which he is appointed, and when acting on behalf or for the Solicitor of said Court in which he is appointed, shall have all the authority and power vested in the Solicitor of the City Court in the county in which he is appointed, and in addition thereto shall act as Probation officer for the court in which he is appointed, and shall have authority to make arrests as other arresting officers, and make such investigations as may be necessary for the preparation and conduct of criminal cases in the court in which he is appointed. Oath. Probation officer. (3) The salary of said Assistant Solicitor of the City or County Court shall be $175.00 per month to be paid monthly out of the county treasury of the county of such assistant's appointment, and he shall be entitled to and be paid monthly out of the county treasury of such county the

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sum of fifty dollars per month for car allowance so long as he uses his car in connection with his office. Salary. Car allowance. (4) Said Assistant Solicitor shall have been a resident of the County of his appointment for a period of not less than one year prior to his appointment, he shall be at least 21 years of age at the time of assuming office and shall have been admitted to the bar of Georgia and qualified to practice law. Qualifications. (5) Wherever under the provisions of this Bill an Assistant Solicitor has been appointed as herein provided, there shall be no special Criminal Bailiff or Probation Officer for said Court. 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 18, 1943. CLERK, SHERIFF AND TAX COMMISSIONERCOMPENSATION IN CERTAIN COUNTIES. No. 295. 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 Tax Commissioner; to make provisions regulating the carrying out of such change; to regulate the collection and disposition of costs; to provide for a deputy, Clerk's and Assistants to such officers; to provde for the payment of salaries and compensation of such officers, deputy, Clerks and Assistants; to provide for furnishing the Sheriffs in such counties with an automobile to carry 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

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for emergency help; to provide for the payment of such officers, deputies, clerks or assistants by the Commissioners of Roads and Revenue of such county, and for the disbursement thereof by the Sheriff, Clerk and Tax Commissioner; to repeal conflicting laws or parts of laws; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that the provisions of this Act shall apply to all counties in the State of Georgia having, by the United States Census of 1940, a population of not less than 9433 inhabitants and not more than 9633 inhabitants, and to all counties in this State having, by any future census of the United States, a population of not less than 9433 or more than 9633 inhabitants, and on the publication of said census any county not having said population of 9433 but by said new census having said population of 9633 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 in so far as being compensation for such officers, except those fees that are paid by the State to the Tax Commissioners, and the officers herein named shall hereafter be paid salaries as herein provided instead of fees as under the fee system except for the fees to be paid by the State as will be hereinafter provided. Certain Counties. Section 2. Be it further enacted by the authority aforesaid, that in all such counties the salaries of the following officers shall be as follows: Salaries. (a) Clerk of the Superior Court an annual salary of Eighteen Hundred dollars ($1800.00) per annum plus nine hundred dollars ($900.00) per annum for Clerks and assistants payable in equal monthly installments; (b) The Sheriff an annual salary of Eighteen hundred dollars ($1800.00) per annum plus nine hundred

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dollars ($900.00) per annum for his Deputy or Deputies payable in equal monthly installments; Sheriff. (c) The Tax Commissioner an annual salary of Eighteen Hundred dollars ($1800.00) per annum plus six hundred dollars ($600.00) per annum for clerks and assistants payable in equal monthly installments. Tax Commissioner. (d) Provided, nevertheless, that said salaries shall be in full payment of all fees or other emoluments that shall accrue to any and all of such officers and all other fees or emoluments that would otherwise accrue to them except for this Act shall be collected by them and paid by the 10th of each month to the Commissioners of Roads and Revenues of the County where such officers hold office. Proviso. Section 3. Be it further enacted by the authority aforesaid, that the Sheriff in all such counties as are described in Section 1 of this Act shall be furnished for the exclusive use of his office an automobile to carry on the work of his said office. The upkeep and repairs of said automobile shall be paid for out of the County funds, and the County shall furnish all necessary gas, oil, and accessories for said automobile, all in the discretion of and subject to the approval of the Commissioners of Roads and Revenues. Said Automobile is to be used in carrying on the work of the Sheriff's office. Automobile for Sheriff's office. Section 4. Be it further enacted by the authority aforesaid, that in all counties described in Section 1, the necessary office expense of the officers herein named, as well as all other county officers and employees, shall be paid by the Commissioners of Roads and Revenues of such County monthly. Office expense. Section 5. Be it further enacted by the authority aforesaid, that in case of emergency arising in any of said offices;

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that is to say, in the office of the Clerk of the Superior Court, or of the Sheriff, or Tax Commissioner, upon the same being called to the attention of Board of Commissioners of Roads and Revenues of any such county by any of said officers in writing the said board upon vote of a majority of such board may authorize such officer so applying to appoint such additional number of deputies, and, or, Clerks, as such board deems necessary; and such board shall fix their compensation; provided, nevertheless, when in the opinion of a majority of such board such emergency shall have ceased, such board may discharge or require the discharge or dismissal of any or all of such emergency appointees. All such emergency clerks or deputies shall be paid while lawfully serving as such by the Commissioners of Roads and Revenues in the same manner as other salaries are paid. Additional office help. Compensation. Proviso. Section 6. Be it further enacted by the authority aforesaid, that it shall be proper and lawful for the Commissioners of Roads and Revenues of the county or other custodian or depository of county funds, to pay out of the cunty funds the monthly portion of such salaries, including the monthly portion for their clerks, assistants and deputies to each officer herein named, and expenses of the Sheriff and his deputy or deputies and expenses of each office herein named. Pair from county funds. Section 7. Be it further enacted by the authority aforesaid, that all fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind which shall be allowed by law after the approvel of this Act, to be received or collected for services rendered after the approval of this Act, by any officer herein named shall be received and collected by all of said officers and each of them, for the sole use of the county in which they are collected and shall be held as public monies belonging to said county and are accounted for and paid over to said county on or

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before the tenth day of each month, at which time a detailed itemized statement shall be made by the officer, showing such collections and the source from which collected to the Board of County Commissioners of Roads and Revenues of such county. The fees received for the State by the Tax Commissioners shall shall be collected and received by such officer for and on behalf of such counties as are described in Section 1 hereof, and immediately upon collection of the same by said officers, the said funds so collected shall be the property of the Commissioners of Roads and Revenues of said counties. Disposition of fees, costs, etc. Section 8. Be it further enacted by the authority aforesaid, that the salaries of the various officials herein fixed shall be their sole compensation, and all fees accruing after the approval of this Act are hereby abolished in so far as the same constitutes the compensation of said officers, but the same schedule of fees and costs prescribed under existing laws shall remain for the purpose of ascertaining the sum or sums to be paid to the Commissioners of Roads and Revenues of such counties as are described in Section 1 hereof. Salaries sole compensation. Schedule of fees prescribed. Section 9. Be it further enacted by the authority aforesaid, that in the distribution among the officers to whom this Act applies of all costs both in particular cases on matters, and all insolvent costs, and all fines, forfeitures and fees which may become due and payable after the approval of this Act, in such counties as are described in Section 1 hereof, the said counties shall be subrogated to the rights and claims of any of the officers named in this Act, who, but for this Act, would be entitled to compensation out of the county fines, forfeitures and fees, and shall be after the approval of this Act, entitled to all funds, monies, or emoluments accruing in said county to any of the officers herein named, after the approval of this Act, when orders on the insolvent fund or other judgment of findings entered or

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approved, as to the distribution of said fund between the various officers, instead of the same being entered and approved in the name of each officer entitled thereto, as under the present system, the same shall be entered and approved in the name of the respective officers for such portion of said monies as they are entitled to, for the use and benefit of the county. The procedure now in force as to which officer shall collect the cost, and as to the distribution thereof shall remain in force but as herein provided all such sums shall be collected for the use of the county, and shall be paid monthly to the Commissioners of Roads and Revenues of such counties as are described in Section 1 hereof, by the officer by whom collected, as herein provided. Counties subrogated to rights of officers. Procedure for collection and distribution. Section 10. Be it further enacted, that all premiums on bonds or insurance required of the officers, their deputies or assistants, mentioned in this Act, shall be paid by the Board of Commissioners of Roads and Revenues of said counties. Bond premiums. Section 11. 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 11, 1943. CLERK SUPERIOR COURTCOMPENSATION IN CERTAIN COUNTIES. No. 228. An Act to amend an Act entitled Clerk of Superior Court, Salary For approved March 20, 1937, (Ga. Laws 1937, pages 604-608) by striking the words and figures twenty-six thousand two hundred twenty-five (26,225) wherever the same appear in the caption of said Act, and substituting in lieu thereof the words and figures twenty-five thousand six hundred seventy-five (25,675); to

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strike the words and figures twenty-six thousand five hundred and fifty (26,550) wherever the same appears in the caption of said Act, and substituting in lieu thereof the words and figures twenty-six thousand seventy-five (26,075); to strike the figures 1930 appearing in the caption of said Act and substitute in lieu thereof the figures 1940; to strike and repeal Section I of said Act and substitute a new section, making this law apply to all counties of a certain population according to the 1940 United States Census; to strike Section 2 of said Act and substitute in lieu thereof a new Section 2; to provide salary for the Clerk of the Superior Court and his assistants, and for payment of 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 the caption of an Act entitled Clerk of Superior Court, Salary For, approved March 20, 1937, (Ga. Laws 1937, pages 604-608) be amended by striking the words and figures twenty-six thousand two hundred twenty-five (26,225) wherever they appear, and inserting in lieu thereof the words and figures twenty-five thousand six hundred seventy-five (25,675); to further amend said caption by striking the words and figures twenty-six thousand five hundred fifty (26,550) and substituting in lieu thereof the words and figures twenty-six thousand seventy-five (26,075); to further amend said caption by striking the figures 1930 and substituting in lieu thereof the figures 1940, so that said caption as amended shall read as follows: Act of 1937 amended An Act to provide a salary in lieu of the fee system for the Clerk of the Superior Court and other courts served by the Clerk of the Superior Court in counties of twenty-five thousand six hundred seventy-five (25,675)

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to twenty-six thousand seventy-five (26,075) inhabitants, inclusive, according to the United States Census of 1940 or any subsequent United States Census; to make provisions regulating the carrying out of said change; to regulate the disposition of costs; to provide when this Act shall become effective; and for other purposes. Section 2. That Section 1 of the Act be amended by striking and repealing same, and substituting in lieu thereof a new Section 1 to read as follows: Sec. 1 stricken. Section 1. That in all counties of this State having a population of twenty-five thousand six hundred seventy-five (25,675) to twenty-six thousand seventy-five (26,075) inhabitants, inclusive, according to the United States Census of 1940, or according to any subsequent United States Census the fee system compensating the Clerk of the Superior Court for all of his services as such clerk, and as Clerk of any other Court of this State in said counties is hereby abolished and said clerk shall hereafter be paid a salary as herein provided, in lieu of all fees paid said clerk under the fee system. New section. Population. Census. Compensation. Section 3. That Section 2 of the Act be amended by striking and repealing same, and substituting in lieu thereof a new Section 2 to read as follows: Sec. 2 stricken. Section 2. The salary of the Clerk of the Superior Court (whether he be ex-officio clerk of other courts or not), in all such counties as are described in Section 1 of this Act, is hereby fixed at the sum of six thousand ($6,000.00) dollars per annum; and out of which salary the clerk of said Superior Court shall pay whatever clerical help that may be necessary for him to have to perform the duties of said office; and the salary of his chief deputy clerk of first assistant shall not be less than one hundred twenty-five ($125.00) dollars per month; and the salary of his second assistant, should he need one,

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shall not be less than Eighty-five ($85.00) dollars per month. The county board of commissioners of roads and revenues of each of said counties, if there be such, (whether that body shall consist of one or more commissioners), or if there be no such board, then by the ordinary or other county authority of each of said counties having charge of the roads and revenues of said county, shall pay the salary so fixed to the clerk upon the warrants drawn upon the funds of said county. New section. Clerk's salary. Deputy's pay. Warrants. Section 4. Be it further enacted that this Act shall take effect on January 1, 1945. Section 5. That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 3, 1943. CAMPAIGN EXPENSES LIMITED. No. 341. An Act to limit the amount of money that may be expended on behalf of any candidate for any public office in this state in the conduct of either a campaign for nomination, or election; to provide penalties; and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. No candidate for nomination to any office in any primary held in this State, and no candidate for any office in any general, or special, election in this State shall expend, or agree to expend, more than $25,000.00 in his campaign for nomination, or in any campaign for election in either a general, or special, election. Limit. Section 2. That all candidates shall prepare and file with the Comptroller-General an itemized statement, under

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oath, as prescribed in Section 34-2001 of the Code of Georgia of 1933, of all money expended in such campaign by himself, or his agents, and showing the purposes for which used and source from which such funds were derived. Statement. Section 3. That any person who shall wilfully, or knowingly, violate any provisions of this Act shall be subject to impeachment from the office which he holds, or is elected. Penalty for violation Section 4. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 17, 1943. COMMON TRUST FUNDSINVESTMENTS. No. 413. An Act to authorize the establishment and the maintenance of common trust funds; to authorize investments or participations therein; to define the requirements and terms thereof and the conditions and terms governing investments or participations therein and the admission and withdrawal of such investments or participations; to prescribe and define the rights, powers and duties of banks, trust companies, fiduciaries, participants, beneficiaries and other persons with respect thereto; to provide for the regulation and supervisions thereof; to repeal all laws and parts of laws inconsistent and in conflict with the provisions of this Act, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and is hereby enacted by the authority of the same as follows: Section 1. Definitions as used in this Act, and unless a different meaning appears from the context: Definitions. (a) The term Trust Institution means any state bank,

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any national bank or any trust company, authorized to act in a fiduciary capacity in this state, and under the supervision of the Comptroller of the currency of the United States, or the Federal Reserve System, or the Banking Department of the State of Georgia. Trust institution. (b) The term Fiduciary means any trust institution or person acting in the capacity of executor, administrator, administrator with the will annexed, administrator de bonis non, guardian, testamentary trustee, trustee appointed by any court, and trustee, under any written agreement, declaration, or instrument of trust, either solely or together with others. Fiduciary. (c) The term Common Trust Fund means a fund maintained by a trust institution, exclusively for the collective investment and reinvestment of moneys contributed thereto by the institution in its capacity as a fiduciary or cofiduciary and established, maintained and administered pursuant to the requirements of this Act. Common Trust Fund. (d) The term Estate or Estates as used in this section shall include any trust, estate or fund, administered by a trust institution in a fiduciary capacity. Estate. (e) The term Participation shall mean the interest of a participating trust in the common fund. Participation. (f) The term Security or Securities shall include all types of property in which the trust institutin is authorized to invest the assets of the common trust fund. Security. (g) The Term Certificate shall mean a certificate participation issued by the trust institution for any estate whose funds are invested in any such common trust fund. Certificate. Section 2. Any trust institution may establish, maintain, and administer one or more common trust funds. Institutions. Section 3. Any trust institution in its capacity as a fiduciary

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or cofiduciary whether such fiduciary capacity arose before or is created after this Act takes effect, may invest funds which it lawfully holds for investment in such capacity in interests or participations in one or more common trust funds, if such investment is not prohibited by the instrument, judgment, decree, or order creating the fiduciary relationship, and if, in the case of cofiduciaries, the trust institution procures the consent of its cofiduciary or cofiduciaries to such investment. Investment. Section 4. Each common trust fund shall be established and maintained in accordance with a written plan (referred to herein as the plan) approved by resolution of the Board of Directors of the trust institution and approved in writing by competent legal counsel. The plan shall provide that the common trust fund shall be administered under the laws of this State and of the United States, and in conformity with the rules and regulations promulgated from time to time under authority of such laws, and shall contain full and detailed provisions, not inconsistent with the provisions of this Act, as to the manner in which the common trust fund is to be operated, the investment powers with respect to the common trust fund, the allocation and apportionment of income, profits and losses, the terms and conditions governing the admission or withdrawal of investments or participations in the common trust fund, the auditing and settlement of accounts of the trust institution with respect to the common trust fund, the basis and method of valuing securities in the common trust fund, the basis upon which the common trust fund may be terminated, and such other matters as may be necessary to define clearly the rights of participants in the common trust fund. (A copy of the plan shall be available at the principal office of the trust institution for inspection during all regular business hours to any person having an interest in a participation in the common trust fund.) The plan may or may not provide for the

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amortization of the premiums upon bonds or other obligations, the dipsosition of discounts and profits and the allocation of the same principal or income accounts or the apportionment of the same between principal and income accounts, the establishment and maintenance of a reserve out of current interest from mortgage investments against which realized losses on mortgages may be charged, and other like matters. The provisions of the plan shall control all participations therein and the rights and benefits of all persons interested in such participation as beneficiaries or otherwise. How established and maintained. Directors' approval. Plan. Provisions. Copy. Amortization provision. Section 2. The plan may be amended from time to time by the fiduciary with the approval of the Board of Directors of the trust institution. Any such amendment shall be filed with the original plan, together with a certified copy of the resolution of the Board of Directors of the trust institution approving the same. Plan amendable. Section 6. If the instrument under which a trust institution acts as fiduciary, whether such fiduciary capacity arose before or is created after this Act takes effect, shall either expressly or by its silence limit or restrict the investment of moneys of the estate and securities to the class authorized by law as legal investments, the trust institution may, in its capacity as sole fiduciary or with the consent of any person acting with it in a fiduciary capacity, invest and reinvest moneys of the estate in any such common trust fund maintained by the trust institution, provided, the securities composing such fund consist solely of securities of the class authorized as legal investments for funds held by a fiduciary. Investment limitations. If the instrument under which the trust institution acts as fiduciary, whether such fiduciary capacity arose before or is created after this Act takes effect, shall authorize investments of moneys of the estate in a common trust fund or in investments other than those designated by law as legal investments,

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or shall authorize the trust institution, either alone or in conjunction with any person acting with it in a fiduciary capacity, to exercise its or their discretion with respect to the investment of moneys of the estate, the trust institution may, in its capacity as sole fiduciary or with the consent of any person acting with it in a fiduciary capacity, invest and reinvest moneys of the estate in any such common trust fund, maintained by it. Any such common trust fund consisting solely of moneys of estates contributed thereto by the trust institution pursuant to authority contained in any such instruments creating the fiduciary capacity to invest moneys of the estates in a common trust fund, or in investments other than such legal investments, or pursuant to such discretionary powers with respect to the investment of moneys creating the fiduciary capacity, may be composed of investments other than those of the class designated by law as legal investments for funds held by fiduciaries. Section 7. No moneys of any one estate in excess of Twenty-Five Thousand ($25,000.00) Dollars shall be invested in any one or more of such common trust funds as may be maintained by a trust institution. In applying this limitation, if two or more trusts are created by the same settler or settlers, and as much as one-half of the income or principal, or both, of each trust is payable or applicable to the use of the same person or persons, such trusts shall be considered as one and said limit shall apply. Limitation of sums invested. Section 8. The trust institution shall invest the moneys of an estate in such common trust fund, by adding the same thereto, and by apportioning a participation therein to such estate in the proportion that the moneys of the estate added thereto, bears to the aggregate value of all the securities of such fund at the time of such investment, including in such securities the moneys of the estate so added. The withdrawal of a participation of such common trust fund shall be on the basis of its proportionate interest in the aggregate

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value of all the securities of such fund at the time of such withdrawal, as hereinafter provided. The participating interest of any estate in such common trust funds may, from time to time, be withdrawn in whole or in part by the trust institution, and shall be so withdrawn within a period of three months following the written request so to do of any person acting with the trust institution in a fiduciary capacity. Participation apportioned. Upon such withdrawals, the trust institution may make distribution in cash or ratably in kind, or partly in cash or partly in kind, provided that all such distribution as of any one time shall be made on the same basis. Section 9. The trust institution shall designate clearly upon its records the names of the fiduciary accounts on behalf of which the trust institution, as fiduciary or cofiduciary, owns a participation in the common trust fund, and the extent of the interest of such fiduciary accounts therein. Fiduciary accounts. A certification of participation may be issued for each investment or participation in a common trust fund. Such certificate shall state on its face that it is issued without guarantee by the issuing trust institution of the payment of either principal or interest, that it will be paid only when funds become available out of the assets comprising the common trust fund. No such certificate shall be issued in any form which purports to be negotiable or assignable. Certificate of participation No fiduciary account owning or holding an investment or participation in a common trust fund, or any certificate of participation therein, shall be deemed to have individual ownership of any asset in such common trust fund, but should be deemed to have only a proportionate undivided interest in the common trust fund. Section 10. At least once during each period of twelve (12) months, the trust institution shall cause an audit to be

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made of the common trust fund by auditors responsible only to the Board of Directors of the trust institution. The report of such audit shall include a list of the investments comprising the common trust fund at the time of the audit which shall show the valuation placed on each item as of the date of the audit, a statement of purchases, sales and any other investment charges and of all income and disbursements during the period to which the audit relates. The period of the first audit shall commence with the establishment of the common trust fund and each succeeding audit shall commence at the end of the period covering the preceding audit. Audit. The reasonable expense of any such audit may be charged to the common trust fund and a copy of such audit shall be available at the principal office of the trust institution for inspection during all regular business hours to any person having an interest in a participation in the common trust fund. Provided that the trust institution shall be required to furnish a copy of such audit to any person having a share in the investments of the common trust fund without expense to such person should the interested person request a copy of such audit. Expense. Proviso. Section 11. No less frequently than once during each period of three (3) months, the trust institution administering a common trust fund shall determine the value of the securities in the common trust fund. No participation shall be admitted to or withdrawn from the common trust fund, except on the basis of such valuation and on the date of the determination of such valuation or, if permitted by the plan, within five (5) business days subsequent to the date of such determination. Valuation of securities. Section 12. The trust institution shall have the exclusive management and control of each common trust fund administered by it and the sole right at any time to sell, convert,

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exchange, transfer or otherwise charge or dispose of the assets comprising the same. The ownership of such assets shall be solely in the trust institution as fiduciary and shall be considered as assets held by it as fiduciary. Control and management. Ownership. A trust institution shall not invest any of its own funds in a common trust fund administered by it and if the trust institution, because of a creditor relationship or any other reason, acquires any interest in a participation in such common trust fund, the participation shall be withdrawn on the first date on which such withdrawal can be effected. Investments prohibited. Trust institutions shall not charge a fee for the management of a common trust fund administered by it or receive, either from the common trust fund or from any fiduciary account the funds of which are invested in participations therein, any additional fees, commissions, or compensation of any kind by reason of such participation: Provided, That a trust institution shall not be permitted from reimbursing itself out of a common trust fund for such reasonable expenses incurred by it in the administration thereof as would have been chargeable to the respective participating fiduciary accounts if incurred in the separate administration of such participating fiduciary accounts. Management fee forbidden Proviso. Section 13. No mistake made in good faith and in the exercise of due care in the connection with the administration of a common trust fund shall be deemed to be a violation of this Act or of any rules or regulations issued pursuant thereto if promptly after discovery of the mistake the trust institution takes whatever action may be practical in the circumstances to remedy the mistake. Bona fide mistakes. Section 14. Nothing herein contained shall prohibit a trust institution from establishing, maintaining, and administering one or more common trust funds differing from the requirements of this Act, in which only investments or

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participations are made by such trust institution, in accordance with specific contract authority. Administering and contract authority. Section 15. Unless ordered by a court of competent jurisdiction, a trust institution administering a common trust fund shall not be required to render a court accounting with regard to such fund, but it may, file returns and make accountings in the same manner and for the same purposes as is provided by law for other fiduciaries. Accountings. Returns. Section 16. This Act is declared to be severable, and should any word, phrase, sentence, provision or section hereof be hereafter declared unconstitutional or otherwise invalid, the remainder of this Act shall not thereby be affected, but shall remain valid and in full force and effect for all intents and purposes. Invalid parts. Section 17. All laws or parts of laws which are inconsistent or in conflict with the provisions of this Act are hereby repealed. Approved March 20, 1943. CONVICTSSEGREGATION OF FIRST OFFENDERS. No. 244. An Act to provide that the wardens, superintendents, or officers in charge of any state penitentiary, prison, or other places of detention or confinement shall so far as physically possible segregate first offenders within their care, custody or control from those prisoners who have themselves been convicted on more than one occasion for the violation of any criminal law; to provide that the state office, agency or board charged with the supervision of state prisons shall provide regulations to accomplish such purpose, and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act, it shall be the duty of every warden, superintendent or other officer in charge of any state penitentiary, prison, or other places of detention or confinement in so far as physically possible to segregate first offenders within their care, custody or control from those prisoners who have themselves been convicted on more than one occasion for the violation of any criminal law. First offenders segregated. Section 2. Be it further enacted by the authority aforesaid that the board, department or other authority, charged under the law of this State with the duty of supervising the administration of state prisons, penitentiaries or other places of confinement shall adopt such regulations as may be best calculated to carry into effect the provisions of Section 1 of this Act; and if it be found practicable to confine all first offenders in a single state institution, that course shall be adopted by such board, bureau, department or authority. If it be not practicable to segregate all first offenders in one camp or penitentiary, such rules and regulations shall be adopted for the conduct of all prisons, penitentiaries or other places of confinement as will be best calculated to maintain as far as possible a physical segregation between prisons known as first offenders and those prisoners which have been found guilty or plead guilty on more than one occasion to the violation of any of the laws of this State or of any other State of the United States. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act, be and the same are, hereby repealed. Approved March 4, 1943.

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COSTS IN MISDEMEANOR CASES. No. 324. An Act to provide payment by counties in this State having a population, according to the census of 1940, and of any future census, of not less than 20,120 nor more than 20,130, of actual cost incurred in Superior and City Courts for the trial and conviction of misdemeanor convicts worked by said county upon public roads of same. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, in all counties in the State of Georgia having, according to the census of 1940 and of any future census, a population of not less than 20,120 nor more than 20,130, and in which said counties operate and maintain a chain-gang or public works camp, for work upon the public roads of same, the County Commissioners or other county officers having charge of the fiscal affairs of said county, shall upon receipt of misdemeanor convicts which have been convicted in Superior or City Courts of said county, pay to the officers of said Court out of the County Treasury as compensation for services rendered in trial and conviction of said convicts so delivered, their legal fees and costs as fixed by law, in said cases only. The costs and fees of Justice of the Peace and Constables in said cases shall also be paid by said authority. Population. Officers' costs. 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 15, 1943.

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COUNTIES, MUNICIPALITIES AND SCHOOL DISTRICTSINVESTMENT OF FUNDS. No. 117. An Act to authorize and make lawful the investment of funds of municipalities, counties, and school districts in War Bonds and other valid obligations of the United States; to define the circumstances under which same may be invested and for what purposes held; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. It shall be lawful for the Treasurer of any municipality or county or board of trustees of any independent school district to invest any surplus funds in his hands, or any special funds held or being accumulated for any special purpose, or any funds on hand not required for the operation of the municipality, county, or school district for the current fiscal year, to invest such funds in War Bonds and/or other valid obligations of the United States Government repayable at face value or better when such investment is authorized by the Mayor and General Council, County Commission, Ordinary, Board of Trustees, or other authority in charge of the affairs of said municipality, county, or independent school district; provided, funds accumulated for any special purpose shall be invested only in securities whose maturity date is prior to the date when such funds shall be needed for said special purposes or which are redeemable prior thereto without penalty or loss of principal. Investment. Proviso. Section 2. Any bonds or other securities purchased or held pursuant to the preceding paragraph shall be held subject to the same conditions as those attached to the funds from which same were purchased.

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Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 22, 1943. COUNTY OFFICERS' COMPENSATION. No. 361. An act to amend an Act appearing in the Georgia Laws of 1935 on pages 353-361 inclusive and approved on February 26th, 1935, 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, etc., by striking therefrom Section 1 in its entirety and rewriting Section 1 so as to make the Act apply to Counties having a population of not less than 81,000 and not more than 83,000; to provide for the payment of salaries, and compensation of deputies, Clerks and assistants in the offices of the Clerk of the Superior Court, the Sheriff, the Tax Collector and the Tax Receiver of such Counties; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same as follows, to-wit: Section 1. That Section 1 of the Act appearing in the Georgia laws of 1935 on pages 353-361 inclusive and approved on February 26th, 1935, entitled An Act to change from the fee to the salary system in certain counties in

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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; etc., be amended by striking therefrom Section 1 in its entirety and inserting in lieu thereof the following: Act of 1935 amended. Title. Sec. 1 stricken. 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 81,000 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 81,000 or more than 83,000 inhabitants, and on the publication of said census any county not now having said population of 81,000 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 paid salaries as herein provided instead of fees as under the fee system except for the fees to be paid by the State as will be hereinafter provided. New Sec. 1. Population. Fee system abolished. Section 2. That said Act be further amended by adding a new Section to read as follows: That instead of the Sheriff's deputies and assistants

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being in the number provided in Section 3 of said Act and instead of their receiving the salaries and pay as provided in Section 3 of said Act that for the years 1943 and 1944 the Sheriff's deputies and assistants in all such counties shall consist of the following at the following salaries, payable monthly, to-wit: New section added. Sheriff. 1 Chief Deputy Sheriff $225.00 per month 1 Deputy Sheriff $200.00 per month 1 Bookkeeper and Cashier $140.00 per month 1 Stenographer and File Clerk $125.00 per month 5 Deputy Sheriffs $170.00 per month 6 Deputy Sheriffs $165.00 per month 1 Deputy, Jailor and Finger Print Man $200.00 per month 1 Chief Deputy Jailor and Jail Record Keeper $150.00 per month 1 Deputy Jailor $140.00 per month 1 Deputy Jailor $140.00 per month All of whom shall serve as provided in Section 3 of said Act. Section 3. That said Act be further amended by adding a new Section to read as follows: New section added. That instead of as provided in Section 5 of said Act that for the years 1943 and 1944 the Clerk of the Superior Court's deputies and assistants in all such counties shall be as follows and receive the following pay, to-wit: Clerk Superior Court. 1 Chief Deputy Clerk $175.00 per month 2 Deputies, each $150.00 per month 1 Minute Clerk and part Bookkeeper $135.00 per month 1 Recording Clerk and Bookkeeper $130.00 per month 1 Filing Clerk and Bookkeeper $130.00 per month

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2 Stenographers $125.00 per month 1 Collector $ 70.00 per month All of whom shall serve as provided in Section 5 of said Act. Section 4. Be it further enacted that said Act be further amended by adding a new Section to read as follows: New section added. That instead of the deputies and assistants provided for the Tax Collector in such counties in Section 7 of said Act that the Tax Collector's deputies and assistants in all such counties for the year 1943 and 1944 shall be as follows and receive the following pay, to-wit. Tax Collector. 1 Chief Deputy Collector $200.00 per month 1 Bookkeeper and Ex-Officio Deputy Sheriff, Deputy Clerk $200.00 per month 1 Clerk and Deputy ExOfficio Sheriff $160.00 per month 1 Clerk and Stenographer $125.00 per month 1 Clerk and Stenographer $110.00 per month All of whom shall serve as provided in Section 7 of said Act. Section 5. That said Act be further amended by adding a new Section to read as follows: New section added. That instead of the Tax Receiver's deputies and assistants being in the number provided in Section 8 of said Act that for the year 1943 and 1944 the Tax Receiver's Deputies and Assistants in all such counties shall be as follows and receive the following salaries, to-wit: Tax Receiver. Two Clerks $150.00 per month All of whom shall serve as provided in Section 8 of said Act.

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Section 6. That said Act be further amended by adding new section to read as follows: New section added. That instead of the Ordinary's, deputies, and assistants provided in Section 6 of said Act, that for the years 1943 and 1944 the Ordinary's, deputies, and assistants in all such counties shall be as follows and receive the following salaries, to-wit: Ordinary. One Clerk of Court of Ordinary $175.00 per month One Deputy Clerk-Stenographer $125.00 per month One Clerk-Stenographer $110.00 per month All of whom shall serve as provided in Section 6 of said Act. Section 7. That said Act be further amended by adding a new Section to read as follows: New section added. The Board of Commissioners of Roads and Revenues of any such counties shall have the right to authorize the employment of additional employees in any of the offices of the county officers in any such counties in case of emergency and to fix the compensation. Emergency employment. Section 8. That this Act shall be effective as of March 15, 1943, and the salaries herein provided shall be payable from such date. Section 9. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 18, 1943.

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COUNTY POLICE AND FIREMENPENSIONS. No. 159. 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 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 member. To provide for the creation of a fund from which such payments shall be made. To provide how such funds shall be collected, deposited, managed and paid. To create a Board of Trustees and provide for their selection and election to manage, deposit, receive and disburse said funds and to invest such funds under certain conditions. To provide that the Board of Trustees shall make all necessary rules for carrying out the terms of this Act. To provide that none of the funds mentioned shall be subject to attachment, garnishment, judgment, nor shall they be assignable; but shall be paid in cash to the beneficiary. To provide that all policemen leaving the service of said department either voluntarily by resignation or involuntarily by dismissal shall be paid two-thirds of such total amount as has been paid into said fund him by deductions made from his salary or wages, to provide that if

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any part of this Act shall be held unconstitutional the remainder of this Act shall remain in force taken in connection with existing laws. To provide that this Act shall not affect or be affected by any Workman's Compensation Law or other similar laws. To repeal conflicting laws and for other purposes as amended by an Act approved March 24, 1941 (Georgia Laws 1941 pages 404-407), so as to provide that all the terms and provisions of said Act should be extended and construed as to embrace and include the members of the Fire Department of such counties in active service; and so as to provide that the authorities of such counties shall contribute the sum of twenty thousand ($20,000.00) dollars annually to said pension fund in lieu of any other contribution; and for other purposes, be further amended so as to make the following changes in said Act as amended, to-wit: So as to provide in addition to other benefits therein provided a pension on account of disability resulting from illness in the following amounts: After ten years of actual service thirty ($30.00) dollars per month, after eleven years of actual service thirty-three ($33.00) dollars per month, and increasing at the rate of three ($3.00) dollars per month for each additional year of actual service until a maximum amount of seventy-five ($75.00) dollars per month is reached; so as to provide that an amount equal to two-thirds (2/3) of such pension shall be paid to the widow during widowhood, or if no widow to any minor child or children up to the age of sixteen years; so as to provide that all time served as an employee of the Police or Fire Departments of such counties shall be counted in determining rights under said Act as amended; so as to provide a time limit, the terms and conditions upon or within which time served in any other department of such counties shall be credited in determining rights of such employees under this Act and the purposes for which credit shall be given and subject to such restrictions to

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provide for credit to such employees for time served in other departments of such counties; so as to require the county authorities having power to disburse the funds of such counties to pay to the Board of Trustees created by said Act an amount sufficient to make up any deficit at any time sustained on account of payments authorized by said Act as amended; so as 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 that the above entitled Act approved March 16, 1939, and appearing in Georgia Laws 1939 at pages 278 to 285, as amended by Act approved March 24, 1941 and appearing in Georgia Laws 1941 at pages 404 to 407, be and the same is hereby amended by adding thereto the following sections: Act of 1939 and amending Acts amended. Section 1. The members of such Police or Fire Departments shall be entitled to a pension for total and permanent disability resulting from illness while in the employment of any such departments of any such county on a sliding scale as follows: After ten (10) years of service such employee shall receive thirty ($30.00) dollars per month during life or disability, and for each additional year of service the amount of this disability pension shall be increased in the sum of three ($3.00) dollars for each full year until the maximum of Seventy-Five ($75.00) Dollars per month is reached. Section 2. In case of death of any person drawing a pension under the preceding section, his widow, if he has one, shall draw two-thirds (2/3) of the amount drawn by her husband during widowhood. If the pensioner shall die and leave no widow, two-thirds (2/3) of the amount being paid to the pensioner shall be paid to his minor child or children until the youngest child shall have reached the age of sixteen (16) years. Minor children shall likewise be entitled to the

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two-thirds (2/3) pension in the event the widow remarries, and the widow's pension shall cease, commencing with the date of her remarriage. Death of pensioner. Secton 2-A. In case of the death of any person entitled to draw a pension, but who dies before actually applying for and receiving same, his widowif he has oneshall draw two-thirds (2/3) of the pension to which such deceased person would have been entitled, had he applied for same, during her widowhood. If the deceased shall leave no widow, the pension shall be paid to any child or children under sixteen years of age. Such children shall likewise be entitled to such pension should the widow die or remarry commencing with the date of marriage or death of the widow. Death of person entitled to pension. Section 3. In computing the time of service required to receive the benefits provided by said Act as amended, all time served in any such Police or Fire Department of any county coming within the terms of said Act as amended shall be counted. Time computed. Section 4. Any person who is now a regular member of the Police Department or of the Fire Department of any such county and any person who was on or before February 1, 1943, elected as a supernumerary in such Police or Fire Department, and thereafter becomes a regular member of such department to which he was elected as supernumerary on or before February 1, 1943, and the dependents of such person shall, in determining rights hereunder, be entitled to have credited to such employee's account as an employee all time served by him as a regular employee in any department of such county, but only on the following conditions: Persons entitled to pension. (a) Such employee shall first pay into the pension fund herein provided an amount equal to three percentum of the base pay of a patrolman from the date of his employment in such other department, or from March 16, 1939, whichever date is later. Condition.

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(b) Such employee may pay such amount in monthly installments over a period not to exceed twenty-four (24) months; provided, however, that no pension may be paid to such employee or to his dependents until the total amount required to be paid in by such employee has been paid. Proviso. Section 5. The Board of Commissioners of Roads and Revenues, or any other governing authority of any such County, in addition to other payments required by said Act as amended, shall pay to the Board of Trustees provided by said Act an amount sufficient to make up any deficit sustained on account of payments authorized by said Act as amended, all such payments to be made promptly upon receipt of statement therefor rendered by said Board of Trustees, said payments to be made from any fund that may lawfully be appropriated therefor. Deficits. Section 6. The provisions of Section 4 of this Act and of subsections (a) and (b) therefor shall not apply to seniority within the Police or Fire Departments of such counties, but only to pension rights. Section 7. All laws and parts of laws in conflict with this law are repealed. Approved February 23, 1943. COUNTY POLICE PENSIONS. No. 308 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

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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 member. To provide for the creation of a fund from which such payments shall be made, to provide how such funds shall be collected, deposited, managed and paid. To create a board of trustees and provide for their selection and election to manage, deposit, receive and disburse said funds and to invest such funds under certain conditions. To provide that the Board of Trustees shall make all necessary rules for carrying out the terms of this Act. To provide that none of the funds mentioned shall be subject to attachment, garnishment, judgment, nor shall they be assignable; but shall be paid in cash to the beneficiary. To provide that all policemen leaving the service of said department either voluntarily by resignation or involuntarily by dismissal shall be paid two-thirds of such total amount as has been paid into said fund by him by deductions made from his salary or wages. To provide that if any part of this Act shall be held unconstitutional the remainder of this Act shall remain in force taken in connection with existing law. To provide that this Act shall not affect or be affected by any workman's compensation law or other similar Laws. To repeal conflicting laws and for other purposes as heretofore amended by an Act approved March 24, 1941 (Georgia Laws 1941 pages 404-407), and as further amended by an Act of the General Assembly of Georgia approved February 23, 1943, so as to

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provide on conditions and for purposes herein named, for the preservation of the service status of policemen and firemen of such counties entering the military or naval service of the United States; 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 the above entitled Act approved March 18, 1939, (Georgia Laws 1939 page 278) as heretofore amended by an Act approved March 24, 1941, (Georgia laws 1939 pages 404-407), and as further amended by an Act of the General Assembly of the State of Georgia approved February 23, 1943, be and the same is hereby amended by adding thereto the following section: Act of 1939 and amendatory Acts amended. Any member of the Police Department or of the Fire Department of any county within the class covered by this Act who is inducted or enlist into the land or naval forces of the United States, and called to active duty therein shall be entitled to have the time spent in such military or naval service (not, however, including any second period of voluntary enlistment) counted in determining pension rights which may accrue to such person or his beneficiary named in this Act, at any time after such person again becomes an employee of such Police Department or Fire Department, Provided and on the condition that such person does not withdraw any part of his contribution to the pension fund established by this Act, and that such person shall within a period of twelve (12) months from honorable discharge from said land or naval forces again enter the service of such county as a policeman or fireman, and within twenty-four (24) months' period pay into the pension fund hereby created a sum equivalent to the regular contributions required of other policemen and firemen during the months for which payment may not have theretofore been made by such

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returning employee. The provisions of this Section relate exclusively to the privilege of maintaining the status (with reference to years and continuity of service) of policemen and firemen returning, after military or naval service, to the service of the Police or Fire Departments of such county and shall not confer any penson rights on any person by reason of death or disability during the period of military or naval service. Section added. Members in armed service. Proviso. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 12, 1943. DANCE HALLS, ROAD HOUSES, TOURIST HOMES, ETC., REGULATED. No. 356. An Act to regulate the operation of dance halls, road houses, tourist homes, tourists cabins, clubs and businesses of like character in Counties having a population of not more than fourteen thousand five hundred and thirty (14530) nor less than fourteen thousand four hundred and ninety (14490) according to the 1940 Census of the United States and any future censuses of the United States, to provide for the filing of a petition in the Superior Court of the County in which such business or businesses are proposed to be operated, and an order or decree of the Judge of said court authorizing the operation of the same, to provide that such order or decree shall be left open subject to review by the Judge entering the same, or of any other Judge presiding over said court, to provide for a penalty for the violation of the provisions 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 the authority of the same: Section 1. That from and after the passage of this Act, it shall be unlawful for any person or firm, or corporation to operate, conduct, or maintain a dance hall, road house, tourist home, tourists cabins, clubs or other business of like character, without first having complied with the provisions of this Act. Businesses affected. Section 2. Any person, firm or corporation desiring to operate, conduct, or maintain such business in any County of this State with a population of not more than fourteen thousand five hundred and thirty nor less than fourteen thousand four hundred and ninety, according to the Federal Census of 1940 and all other Federal Censuses, shall, before beginning to operate, conduct, or maintain such business, file a petition addressed to the Judge of the Superior Court of the County in which it is proposed to operate such business, in which petition the name or names of the person, or persons, firms or corporations together with their permanent residence addresses shall be set out, the nature of the business proposed to be operated, conducted, or maintained, the place or location where it is proposed to operate the same, and such other information as will give the Court a clear understanding of the business proposed to be operated, conducted or maintained. Population. Petition to Superior Court judge. Section 3. Upon such petition being presented to the Judge of said Court he shall issue a rule nisi thereon, requiring the solicitor general of the circuit in which said county is located, to show cause before him on a day fixed by rule nisi, which shall not be less than ten days, why an order should not be entered allowing the petitioner to operate such business as may be prayed for in the petition, if such business comes within the class enumerated, and

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within this act. On the hearing of said rule nisi either party may introduce evidence and if the Court should determine that the operation of such business as is proposed to be operated would be against the interest of the public in general, or that it would not be conducive to the best interests of the community in which it is proposed to be operated or to the county in general, he shall enter an order refusing the prayers of the petition. If he should determine that the operation of the same, as proposed to be operated, would not be against the public interest, or would not be against the interests of the community in which it is proposed to be operated, or the county generally he shall enter an order authorizing petitioner to enter into or to operate, conduct or maintain such business at the place set out in the petition. Such order shall remain open and subject to review by the Judge at any time. Rule nisi. Hearing. Order refusing. Order authorizing. Section 4. A violation of any of the provisions of this Act shall be a misdemeanor, and each day the same is violated shall contitute a new act of violation. Penalty for violation. Section 5. The person, firm or corporation filing a petition before the Judge as is herein provided shall be liable for all legal fees and Court costs connected with filing the same. Costs. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1943. DESTRUCTION OF USELESS PUBLIC RECORDS. No. 347. An Act to authorize the destruction of records of the various Departments of State upon a finding by the Secretary of State and the State Librarian, approved by the Governor,

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that such records have no historic value, are obsolete, and will serve no other useful purpose; to make photostat copies of certain public records primary evidence, and for other purposes. Section 1. Be it enacted by the authority of the General Assembly of Georgia, and it is enacted by authority of the same, that the Governor be, and he is, authorized to order the destruction of records of any Department of State, but before any such records shall be destroyed under this authority, the officer charged by law with the custody of the same shall list and describe the said records and shall certify to the Secretary of State that the records sought to be destroyed are without historic value, are obsolete, are expensive to store and will serve no further useful purpose. Should the Secretary of State and the State Librarian, after examining into the matter, concur with such custodian of such records, then they may jointly certify to the Governor that said records ought to be destroyed. Should the Governor concur in the findings of such official custodian of such records and in the finding of the Secretary of State and the State Librarian he may, in his discretion, order the same destroyed. Provided no records shall be so destroyed which are not at least seven years old. Procedure. Proviso. Section 2. Be it further enacted by the authority aforesaid that any head of the Department of State charged by law with the custody of any such records may destroy the same upon his own responsibility, provided he first causes microfilms of the same to be made, capable of development into photastatic copies, and such photostatic copies shall be received in any court of this state as primary evidence of the recitals contained therein. Provided no records shall be so destroyed which are not at least seven years old. Custodian's authority. Microfilms. Proviso.

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Section 3. Be it further enacted that all laws or parts of laws in conflict herewith be and they are hereby repealed. Approved March 18, 1943. DIVORCE CASESCOSTS IN CERTAIN COUNTIES. No. 238. An Act to regulate the payment in advance of costs in divorce cases filed in the Superior Courts in all counties in the State of Georgia having a population of not less than 9,650, nor more than 9,660, and in counties having a population of not less than 21,110 nor more than 21,030 and in counties having a population of not less than 9,820 nor more than 9,840 according to the sixteenth census of the United States taken in 1940, and 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 in all suits for divorce filed in the Superior Courts of this State in counties having a population of not less than 9,650 nor more than 9,660, and in counties having a population of not less than 21,010 nor more than 21,030, and in counties having a population of not less than 9,820 nor more than 9,840 according to the sixteenth census of the United States taken in 1940, or any future census, there shall be paid into said court, as advance costs in said suits, the sum of $10.00 for each suit so filed. Population. Costs. Section 2. In default of such payment the clerk of the court shall not be required to mark said suit filed, nor issue process thereon. Section 3. Said $10.00 shall be disbursed by the clerk as

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follows: $7.00 to the clerk, and $3.00 to the Sheriff; provided, however, where service is acknowledged upon any suit so filed, the amount of costs to be paid in advance shall be only $7.00. Disbursement of costs. Section 4. It shall be the duty of the clerk in all such cases to enter all the pleadings upon the Writ Record, and the verdicts and the decree upon the minutes of the court. Clerk's duty. Section 5. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 3, 1943. DIVORCE CASESCOSTS IN CERTAIN COUNTIES. No. 470. An Act to require from and after the passage of this Act in all counties having a population under the last or any future Federal Census of not less than 7,600 inhabitants, nor more than 7,650 inhabitants, all applicants for divorce in the Superior Court of any such county to deposit with the Clerk of said Court, before the filing of such applicant's petition for divorce, the sum of Fifteen ($15.00) Dollars as costs deposit, instead of Six ($6.00) Dollars: 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 authority of the same: Section 1. That from and after the passage of this Act in all counties having a population under the last or any future Federal census of not less than 7,600 inhabitants, nor more than 7,650 inhabitants, all applicants for divorce in the Superior Court of any such county shall be required

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to deposit with the Clerk of said Court, before the filing of such applicant's petition for divorce, the sum of Fifteen ($15.00) Dollars as costs deposit, instead of Six ($6.00) Dollars. Population. Costs. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1943. DIVORCE CASESCOSTS IN CERTAIN COUNTIES. No. 323. An Act to require the payment of fees of clerks and sheriffs of the Superior Court in divorce cases in all counties in the State of Georgia having a population according to the United States Census of 1940 or any future census of not less than 20,040 and/or more than 20,075 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 the same, that in all counties of said State having a population according to the United States census of 1940 or any future census of not less than 20,040 and/or more than 20,075 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 pay the sum of ($10.00) dollars to the Clerk of the Superior Court before the Clerk shall be authorized to file said petition, and said ($10.00) dollars costs shall include all costs in divorce cases and the officers of said Court shall not be allowed to levy or collect any further costs in said cases. The

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cost herein provided for shall be divided between the sheriff and Clerk as follows: ($6.00) dollars to be paid to the Clerk and ($4.00) dollars to be paid to the sheriff. Population. Costs. Section 2. Be it further enacted by the authority aforesaid, that all laws in conflict with this act be and the same are hereby repealed. Approved March 15, 1943. DIVORCE CASESCOSTS IN CERTAIN COUNTIES. No. 221. An Act to require the payment of fees of clerks and sheriffs of the Superior Court in divorce cases in all counties in the State of Georgia having a population according to the United States census of 1940 or any future census of not less than 24,230 and/or more than 24,430 persons. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That in all counties of said State having a population according to the United States census of 1940 or any future census of not less than 24,230 and/or more than 24,430 persons the fees of the clerks of the Superior Courts and the sheriffs of said courts in all divorce cases filed in said county shall be paid in the following manner: That the party filing said petition for divorce or alimony shall make an advance deposit of ten ($10.00) dollars before said clerk shall be authorized to file said petition, and that the party filing said petition is 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. Population. Costs.

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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 March 3, 1943. DIVORCE CASESCOSTS IN CERTAIN COUNTIESREPEALING ACT. No. 211. An Act to repeal an Act entitled an Act to require the payment of fees of clerks and sheriffs of Superior courts in divorce cases in the State of Georgia in counties having a population according to United States Census of 1930, or in future censuses, 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 the same, that the following Act of the General Assembly of Georgia which reads as follows: 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

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to sign the decree in said case, is hereby repealed. Act repealed. Approved March 3, 1943. DOG AND HORSE MEATSALE REGULATED. No. 312. An Act to prohibit the sale of dog meat for human consumption and regulate the sale of horse meat in the State of Georgia, and to provide for penalties for violations thereof, and for other purposes. Be it enacted by the General Assembly of Georga and it is hereby enacted by authority of the same: Section 1. From and after the passage of this Act, it shall be unlawful for any person, firm or corporation to distribute or offer for sale for human consumption any dog meat in the State of Georgia, and all dog meat sold in the State of Georgia for any purpose, other than human consumption, shall be sold in packages only. The packages shall carry a label showing the contents, for what use it is intended, and stating that said contents are NOT FOR HUMAN CONSUMPTION. The words not for human consumption shall be in conspicuous type. Dog meat for human consumption prohibited. Section 2. Be it further enacted that no horse meat shall be sold or offered for sale in the State of Georgia for human consumption unless at the place of sale there shall be posted in a conspicuous location a sign bearing the words HORSE MEAT FOR SALE. No sausage, ground meat, canned or processed meat, containing horse meat shall be sold for human consumption unless the package bears a label stating the proportionate amount of horse meat contained therein, and unless there is likewise kept and maintained in a conspicuous

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place a sign showing that the meat offered for sale contains horse meat. Horse meat. Proportionate amount. Section 3. Be it further enacted that it shall be unlawful for any person, firm or corporation to sell horse meat in any form for human consumption unless the person, firm or corporation selling the meat shall inform the purchaser thereof at the time of sale, that the purchaser is obtaining horse meat. Information given at time of sale. Section 4. The Department of Agriculture of the State of Georgia is given authority to promulgate proper regulations for the carrying out of the provisions of this Act and assist prosecuting attorneys in the enforcement thereof. Section 5. Any person, firm or corporation violating the terms of this Act shall be guilty of a misdemeanor and upon conviction in a court of competent jurisdiction shall be fined not exceeding $1000.00 or imprisonment not exceeding twelve months, either or both at the discretion of the Court. Penalty for violation of Act. Section 6. All laws and parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Approved March 15, 1943. ELECTIONSDISPOSITION OF APPLICATIONS FOR BALLOTS. No. 383. An Act to require election managers at all elections in counties having a population of two hundred thousand (200,000) or more according to the United States census of 1940 or any future United States census, to preserve and seal in a separate envelope directed to the County Registrar the applications for ballots of those who vote at said elections: To provide for the preservation and transmission of said applications to the County Registrar; to

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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 it shall be the duty of election managers of any national, state, county, primary or special election conducted at any precinct in any county in this State having a population of two hundred thousand (200,000) or more according to the United States census of 1940 or any future United States census, to preserve and seal in a separate envelope directed to the County Registrar the applications for ballots of those who vote at such elections in such counties, which envelope shall have written on the outside a statement of the contents and the names of the managers written across the seal thereof. Such envelope and its contents shall be transmitted by the election managers to the Ordinary or other authority consolidating the vote of such county and immediately transmitted to the County Registrar to be preserved by him for a period of four (4) years as a record of those voting at such election. Population. Applications preserved. 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 19, 1943. ELECTIONSHOURS FOR HOLDING No. 319. An Act to provide for and fix the hours of keeping open of polls in general, special, primary and other elections at precincts in counties having not less than 11,600 and not more than 11,700 population, according to the United States Government Census of 1940 and any future census; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that from and after the passage of this Act, in all counties having a population of not less than 11,600 and not more than 11,700 population, according to the United States Government Census of 1940 or any future census, all election precincts shall remain open on all election days, whether for general elections, special elections, primary elections, or otherwise from 7:00 o'clock A. M. to 6:00 o'clock P. M., according to the Standard Time prevailing in said counties; provided, however, that the provisions of this Act shall not apply to elections that are held by municipal authorities, or the boards of education; and provided further that no votes shall be counted until after polls are closed. Population. Hours. Proviso. 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 15, 1943. ELECTIONSNO SOLICITATION ZONES. No. 301. An Act to prohibit and to regulate within the territorial limits of any County in this State having a population of 7,720 to 7,730 inclusive according to United States census of 1940, or any other 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 all said counties; to provide penalties, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same:

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Section 1. That this Act shall be applicable to all counties of this State having a population of 7,720 to 7,730 inclusive according to the United States census of 1940 or any future United States census. Population. Section 2. That on the day before each election or primary, general or special, in such counties as designated in Section 1 of this Act, the police department of any incorporated town in such counties, and the sheriff of said counties at voting precincts situated outside of incorporated towns shall establish a point not less than 150 feet from all places selected or designed as the voting or polling place in such counties, and at such measured points white lines shall be painted or marked on the premises and area within said lines next to the voting or polling places, is to be known as the no solicitation of vote zone on the date of election. No solicitation zones. 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 such Counties, to solicit within the area designated, the no solicitation of vote zone, in any manner or means whatsoever other persons to vote for or against any candidate or proposition to be voted upon that day. No solicitation hours. 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 such counties to hand out cards or pamphlets or to carry banners for or against any person or proposition to be voted on, within the no solicitation of vote zone. Further restrictions. Section 5. Be it further enacted that it shall be the duty of the Chief of Police in incorporated towns in such counties, and of the Sheriff and peace officers of such counties, acting for the territory of such counties situated outside of

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incorporated towns, on the day of each election, to assign at least one peace officer to be present at each voting place and each voting precinct in the territorial limits of all such counties from 7 A. M. to 7 P. M. o'clock and such officers shall rigidly enforce the provisions of this Act. Peace officer. Section 6. Be it further enacted that any person found violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided for in Section 27-2506 of the Code of 1936. Penalty 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 March 11, 1943. ELECTIONSPRECINCT HOURS. No. 375. An Act to provide for the hours of holding all general, special and primary elections in the State of Georgia; to provide the time of opening and closing of the polls; 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 the authority of the same that from and after the passage of this Act the hours for holding all general, special and primary elections in the State of Georgia shall be from 7:00 o'clock A. M. to 6:00 o'clock P. M., according to the legal time prevailing in the State of Georgia, at all of the polling places where said elections are held. Provided that in counties of over 200,000 population, according to the 1940, or any future census the hours of holding said elections shall be from 7:00 o'clock A. M. to 7:00 o'clock P. M. at all polling places in said

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counties, according to the legal time prevailing in the State of Georgia. Hours. Proviso. Section 2. Be it further enacted by the authority aforesaid that the provisions of this Act shall not apply to municipal elections. 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 19, 1943. ELECTRICIANSBOARD OF EXAMINERS. No. 316. An Act to provide for the examination for Qualified Electrician, for the right to engage in said vocation in Counties 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 U. S. Census; to create a Board of Examiners for said purpose and to provide for the issuance of renewal of certificates; and to provide for a penalty for the violation of said act, and other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that in all Counties in this state having a population of not less than 85,000 and not more than 90,000, according to the U. S. Census of 1940 or any future U. S. census, there shall be created a Board of Examiners to determine the fitness of Qualified Electricians to engage in said vocation, in order to safeguard life, health and property in said counties. Population. Section 2. Be it further enacted by the authority aforesaid that Qualified Electrician as referred to in this Act is defined as follows: Qualified Electrician.

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A Qualified Electrician is defined as a person who assumes the responsible charge either for himself for direction of other persons in the installation of wiring for light, heat and power, and is skilled in the art of electrical superintending and has sufficient practical knowledge of electricity to efficiently and proper assume the responsible charge and direction of other persons in the installation of wiring for light, heat and power. Definition. Section 3. All persons desiring to practice the vocation of Qualified Electrician shall be required to stand an examination as to their knowledge and skill, so as to come within the definition of Qualified Electrician hereinbefore given. The Board of Examiners shall consist of two Qualified Electricians, the county Electrical inspector, one practical electrician and one graduate engineer. Said Board of Examiners to be appointed by the Board of Commissioners of Roads and Revenue of said Counties, each of said appointees to serve as a member of said Board of Examiners for a period of four years. In the event of a vacancy occurring on said Board of Examiners, the Commissioner of Roads and Revenues shall make appointment of person to fill the unexpired term, consistant with vacancy. Examination. Examining Board. Vacancy. Section 4. Each of the members of said Board of Examiners shall take an oath before the Ordinary of said Court in said Counties, that he will faithfully perform the duties of his office. Said Board of Examiners shall have the right to elect a chairman and secretary thereof and shall designate the time and place for holding examinations of applicants desiring to obtain a certificatae as a Qualified Electrician. Oath. Examinations shall be made up by said Board in such manner as to test the knowledge and skill of applicants. Examinations shall be held at such time and place as may be fixed by the Board of Examiners, at least quarterly. Examinations.

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Each person desiring to qualify as a Qualified Electrician under the terms of this Act, shall before taking examination, pay to the secretary of the Board of Examiners the sum of ($10.00) Ten Dollars. Any applicant failing to pass his first examination for a certificate as a Qualified Electrician, shall be entitled to take another examination within six months from date of his failure. Fee. All certificates provided for herein, shall be renewed annually not later than thirty (30) days after the first day of January of each year, and all holders of certificates shall be entitled to renewal thereof upon payment of a renewal fee of Two ($2.00) Dollars per annum. Certificate. Said sums mentioned aforesaid shall first be used to pay expenses in providing necessary supplies and facilities for conducting said examinations, second, to be paid pro-rata to members of the Board of Examiners as a salary or compensation for work done in holding said examinations. Expenses. Section 5. No person shall assume the title of, or perform any work in counties coming within this act, as a Qualified Electrician, unless and until he shall have received a certificate as provided for in this Act. Certificate required. The authorized Electrical Inspector may prefer charges against a Qualified Electrician for habitual violation of installation rules, and after a public hearing before the Board of Examiners, revoke said Qualified Electrician's certificate if charges are sustained by the Board of Examiners. Charges. Hearing. Any person violating any provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof, punished as such. Penalty for violation of Act. Section 6. If any clause, sentence or paragraph, or part of this Act shall for any reason be held by any Court of competent jurisdiction to be invalid, said judgment shall not effect, impair or invalidate the remainder of this Act, but

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shall be confined in its operation to the clause, paragraph or part directly involved in controversy in which said judgment was rendered. Invalid parts. Section 7. None of the provisions of this act shall apply within the limits of any municipality in this state lying within counties which have a population of 85,000 and not more than 90,000, according to the U. S. census of 1940 or any future census, except where municipalities do not now have Electrical Inspections Departments, and request through Councilmanic resolution that the County Electrical Inspector inspect all work in their respective City, said works shall meet with the prescribed rules of the County and all Qualified Electricians shall be qualified through the same Board of Examiners as provided for in this act. Non-application. Exception. Provided further, that the provisions of this act shall not apply to public utility corporations operating under the supervision of the Georgia Public Service Commission. Proviso. Section 8. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 15, 1943. ELECTRICIANSRENEWAL CERTIFICATES No. 176. An Act to amend an Act entitled An Act to provide for the examination of master electricians, carrying on said vocation in counties having a population of 150,000 inhabitants or more by the U. S. Census of 1930, or any future U. S. Census; to create a Board of Examiners for said purpose and to provide for the issuance of renewal of certificates for carrying on the said vocation; and to provide for a penalty of the violation of said act, and for other purposes, (Acts 1937-8, Page 327 App'd Jan.

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31, 1938) so as to reduce the cost of renewal certificates; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia that the Act entitled An Act to provide for the examination of master electricians, carrying on said vocation in counties having a population of 150,000 inhabitants or more by the U. S. Census of 1930, or any future U. S. Census; to create a Board of Examiners for said purpose and to provide for the issuance of renewal of certificates for carrying on the said vocation; and to provide for a penalty of the violation of said act, and for other purposes; be and is hereby amended by striking the words Ten ($10.00) Dollars in line five of section 8 thereof and inserting in lieu thereof the words Two ($2.00) Dollars, so that said section when so amended shall read as follows: Act of 1937-1938 amended. Section 8. All certificates provided for herein shall be renewed annually, not later than ninety (90) days after the first day of January of each year, and all holders of certificates shall be entitled to renewal thereof upon payment of a renewal fee of Two ($2.00) Dollars per annum, and upon proof to the Board of Examiners that their skill, ability and character are sufficient for them to satisfactorily perform the services of master electrician for which renewal certificate is sought. Sec. 8 as amended Section 2. Be it further enacted that all laws or parts thereof be and are hereby repealed. Approved February 26, 1943.

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ELECTIONSCANDIDATES FOR GENERAL ASSEMBLY. No. 41. An Act to require all candidates for the General Assembly of Georgia in counties having a population of twenty eight thousand five hundred (28,500) to twenty eight thousand six hundred (28,600) inhabitants, inclusive, according to the United States Census of 1940 to designate and qualify 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 Eight Thousand Five Hundred (28,500) and not more than Twenty Eight Thousand Six Hundred (28,600) inhabitants, according to the official Census of the United States taken in 1940, shall designate with his local or County Democratic Executive Committee in all primary elections, as well as general elections, and qualify for, a specific seat in the General Assembly by naming the incumbent candidate he desires to oppose; and, thereupon, he shall be qualified, if otherwise qualified, to oppose such incumbent and none other. Population. 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 his intention to run for the office formerly held by said incumbent by naming him. Vacancy.

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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 11, 1943. ENTOMOLOGY ACT OF 1937AMENDING ACT. No. 382. An Act to amend an Act approved March 25, 1937 entitled Entomology Act of 1937, No. 332 (Georgia Laws 1937, pages 659-671), by abolishing the office of State Entomologist and substituting in lieu thereof a new office to be known as the Director on Entomology; to provide that all powers, duties, responsibilities and functions previously performed by the State Entomologist shall now be vested in the Director of Entomology, by adding to Paragraph 3 of Section 3 a provision providing that the tenure of office of the Director of Entomology shall expire with that of the Governor; 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. An Act to amend an Act approved March 25, 1937, entitled Entomology Act of 1937, No. 332 (Georgia Laws 1937, pages 659-671), by abolishing the office of State Entomology and creating a new office in lieu thereof to be known as the Director of Entomology. All powers, duties, responsibilities and functions heretofore performed by the State Entomologist shall now be transferred to the Director of Entomology and shall be performed by this officer. Act of 1937 amended. Office abolished. Office created. Section 2. Wherever the words State Entomologist

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appear in the caption or body of the Act of 1937 (Georgia Laws, pages 659-671), the same shall be construed as Director of Entomology. Section 3. That Paragraph 3 of Section 3 shall be amended by adding thereto the following proviso: Par. 3, Sec. 3 amended. Provided, however, that in no case shall the term of office of the Director of Entomologist exceed the term of the Governor, but it is expressly stated that the term of office of the Director of Entomology shall expire with that of the Governor, so that said Paragraph 3 of Section 3 as amended shall read as follows: The Director of Entomology shall be appointed by the Governor subject to confirmation by the Senate for a term of four years, at a salary of $4,200.00 per annum. He shall be required to give a surety bond in the sum of $5,000.00, the premium to be paid out of the Department appropriations. In case of a vacancy the appointment shall be for the unexpired term. Provided, however, that in no case shall the term of office of the Director of Entomologist exceed the term of the Governor, but it is expressly stated that the term of office of the Director of Entomology shall expire with that of the Governor. To read. Proviso. Section 4. That all laws or parts in conflict with the provisions of this Act be, and the same are hereby amended. Approved March 19, 1943.

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EXECUTIVE COMMITTEE'S TERMS EXTENDED No. 393. An Act to provide for extension of term of Executive Committee of party organizations in municipalities having a population of 200,000 or more according to the last 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, as follows: Section 1. The Act of 1933 (approved March 23, 1933) and amended by Act of 1937 (approved March 30, 1937), which is an act to regulate primary elections in municipalities having a population of 200,000 or more, according to the last or any future census, is hereby amended by adding at the end of Section 17 of the act approved March 30, 1937, the following: Act of 1933 Act of 1937 amended. The terms of the members of the Executive Committee of the party organization as provided in this Section are hereby extended for a term of one year from the time their present terms expire. Their successors shall be elected at the next primary election held by such party. Terms. Successors. Section 2. All laws and parts of law in conflict with this law be and the same are hereby repealed. Approved March 19, 1943. FENCE AND STOCK LAWACT 1927 REPEALED. No. 81. An Act to amend an Act entitled an Act to exempt certain areas in the mountain region of Georgia from the operaton of a stock law or no fence law; defining the areas to

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be exempt; the same being found on pages 217-218 of the Acts of 1927; and for other purposes; to provide for an election to determine the law affected; and for other purposes; by striking and repealing said Act in its entirety; to repeal all laws and parts of laws in conflict therewith; 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 1, 1927 (Ga. Laws 1927, pages 217-218) entitled an Act to exempt certain areas in the mountain region of Georgia from the operation of stock laws or no fense laws, defining the areas to be exempt; to provide for an election to determine the law affected; and for other purposes, be, and the same is hereby repealed in its entirety. Act of 1927 repealed. Section 2. That all laws and parts in conflict with the provisions of this Act be, and the same are hereby repealed. Approved February 16, 1943. FIRE DEFENSE MOBILIZATION. No. 472. An Act to provide for the wartime mobilization of paid, volunteer and auxiliary firemen and prescribing the powers, duties, and responsibilities of the Governor and other public officials in connection therewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Outside Service by Paid, Volunteer, and Auxiliary Firemen. At the request of the chief executive of any county, city, town, village or fire district, the head of any fire department of any other political subdivision may, or if

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so ordered by the Governor, shall assign and make available for duty and use in such county, city, town, village or fire district, under the direction and command of such officer as may be designated for the purpose, any part of the fire-fighting forces and equipment under his control; provided that any equipment made available by loan, or otherwise, to any county, city, town, village or fire district in the State, by the United States Government or any agency thereof, shall at all times be subject to the order of the United States Government or such agency in accordance with the terms and conditions upon which such equipment shall have been made available. Outside Service. Section 2. Powers, Duties, Rights, Privileges and Immunities. Whenever the fire-fighting forces of any county, city, town, village or fire-district are rendering outside aid pursuant to this Act, the officers and members of such fire-fighting forces shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. Powers, etc. Section 3. Loss, Damage or Expense. The county, city, town, village or fire district in which any equipment is used pursuant to this Act shall be liable for any loss or damage thereto and shall pay any expense incurred in the operation and maintenance thereto. No claim for any such loss, damage or expense shall be allowed unless, within sixty days after the same is sustanied or incurred, an itemized notice of such claim, under oath, is served by mail or otherwise upon the chief fiscal officer of such county, city, town, village or fire district where the equipment was used. Loss or damage. Expense. Section 4. Liability for Acts or Omissions. Neither the State nor the political subdivision of the State whose fire-fighting forces are rendering outside aid pursuant to this Act shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the

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maintenance or use of any equipment or supplies in connection therewith; nor shall any commissioner, chief or other superior officer of a fire department, fire company or other fire-fighting forces, acting pursuant to this Act, be liable on account of any act or omission on the part of any of his subordinates while such subordinates are rendering outside aid pursuant to this Act under the command of an officer other than himself. Liability. Section 5. Reimbursement for Salaries and Expenses. The political subdivision which is aided pursuant to this Act shall reimburse the political subdivision furnishing such aid for the compensation paid to employees furnished under this Act during the time the rendition of such aid prevents them from performing their duties in the political subdivision by which they are employed and shall defray the actual traveling and maintenance expense of such employees while they are rendering such aid. The term employed as used herein shall mean and the provisions of this Act shall apply with equal effect to paid, volunteer and auxiliary firemen. Salaries. Section 6. Temporary Substitute Fire-Fighting Forces. Substitute firemen, not exceeding the number of regular firemen, may be appointed by the same persons authorized by law to appoint regular firemen; provided that such appointments shall not be subject to the requirements of the Civil Service Law or Rules and that such substitute firemen shall not be entitled to any pension or retirement rights or privileges. The substitute firemen appointed under this Act shall have the powers, functions and duties of regular firemen. The compensation of such substitute firemen shall not be greater than the lowest rate of pay for regular firemen. Persons appointed as substitute firemen shall exercise their powers, functions and duties only when called upon, during the period all, or any part, of the regular fire-fighting forces of any county, city, town, village or fire district are rendering outside aid pursuant to this Act, and for no longer than

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two days after the return to duty of the part of the regular fire-fighting forces for which they are substituting. The compensation of such substitute firemen and any allowable expenses necessarily incurred by them in the performance of their duties shall be charged against the county, city, town, village, or fire district for which they were appointed and shall be audited, allowed and paid as other charges against it are audited, allowed and paid. Substitute firemen. Section 7. Rules and Regulations. The Governor may make, amend and rescind such order, rules and regulations as he may deem advisable to carry out the provisions of this Act. Section 8. Short Title. This Act may be cited as the Fire Defense Mobilization Act of 1943. Section 9. Effective Date; Termination. An emergency exists and this Act is in effect immediately upon its passage, and it shall remain in force for the duration of the existing war and for two months after termination thereof by the signing of a definitive treaty of peace, or by the proclamation of the President of the United States, or the Governor of this State, that hostilities have ceased or that the emergency in justification of extraordinary war-time powers no longer exists. Section 10. All the provisions, rights, privileges, duty and authority granted in this Act shall be restricted to fires or conflagrations arising or believed to have arisen as a result of sabotage or enemy or hostile action. Section 11. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 20, 1943.

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FOREST FIRE PREVENTION. No. 451. An Act to protect and preserve timber lands and natural resources, to prevent forest fires, to authorize the State Highway Department to burn shoulders of highways under State Supervision, and to protect adjoining lands from such burning operations, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same. Section 1. That it is the purpose of this Act to protect and preserve the timber lands and natural resources of this State. To prevent forest fires originating on shoulders of State Highways. Purpose. Section 2. The State Highway Department is hereby authorized, with the approval of adjoining land owners, to burn off the shoulders of all highways under its supervision, at such times and in such areas as may be designated by the Georgia Forestry Commission or any successor Commission. Any burning under this Act shall be supervised in such a manner as to prevent the spreading of fires therefrom. Burning shoulders. Section 3. This Act shall not apply to any highways that have been beautified by the Federal, State or local Government, or where the county authorities object to such burning. Exceptions. Section 4. That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 20, 1943.

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FRATERNAL BENEFIT SOCIETIES. No. 418. An Act to amend, revise, and codify the laws of this State governing fraternal benefit societies; to repeal an Act approved December 17, 1900 (Georgia Laws of 1900, page 71, et seq.) entitled: An Act to define and regulate fraternal beneficiary orders, associations or societies in the State of Georgia, to provide penalties, and for such other purposes, and all acts amendatory thereof, particularly Sections 34 and 35 of that certain Act approved August 19, 1912, (Georgia Laws of 1912, page 119 et seq.) entitled: An Act to regulate all foreign and domestic fraternal companies, and for other purposes; to repeal an Act approved August 17, 1914, (Georgia Laws of 1914, page 99, et seq.) entitled: An Act for the regulation and control of all fraternal benefit societies; to prescribe their admission into this State; the amount of license fee for each society; how they may be excluded from the State, and for other purposes, and all Acts amendatory thereof, particularly that certain Act approved August 20, 1917, (Georgia Laws of 1917, page 102 et seq.) entitled: An Act to provide upon what conditions, and how, and in what manner foreign and domestic fraternal benefit societies can issue certificates to persons less than sixteen years of age and to others, and for other purposes; that certain Act approved August 21, 1917, (Georgia Laws of 1917, page 104 et seq.) entitled: An Act to amend Section 6 of an Act entitled `An Act for the regulation and control of all fraternal benefit societies; to prescribe their admission into this state; the amount of license fee for each society; how they may be excluded from the state; and for other purposes; that certain Act approved August 26, 1929, (Georgia Laws of 1929, page 241 et seq.), entitled: An Act authorizing fraternal benefit societies incorporated

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under the laws of another state to become incorporated in this state without loss of rights, privileges, or continuity, and prescribing the reciprocal powers, rights and duties of such society and its members, fixing the standards of valuation, the form of certificate it may issue, the character of business which may be carried on, providing funds for its expenses, providing that no courts shall have jurisdiction to allow attorney's fees to plaintiffs or attorneys against such society in any class suit, and providing that if any portion of this Act is held unconstitutional it shall not affect any other portion, and repealing all laws in conflict; that certain Act approved March 29, 1937, (Georgia Laws 1937, page 677 et seq.) entitled: An Act to amend Subsection 2, of Section 5, of Act No. 524, of the Acts of the General Assembly of the State of Georgia of 1914 relating to fraternal benefit societies; and that certain Act approved March 27, 1941, (Georgia Laws 1941, page 338 et seq.), entitled An Act to amend Section 56-1638 of the Code 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 Endownment Certificates:the repealed Laws are Section 56-1601 to 56-1714, both inclusive of the Code of Georgia 1933; to enact and substitute in lieu of all of said repealed Acts a new Act for the regulation and control of fraternal benefit societies, 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 repeal an Act approved December 17, 1900 (Georgia Laws of 1900, page 71 et seq.) entitled An Act to define and regulate fraternal beneficiary orders, associations or societies in the State of Georgia, to provide penalties, and for other purposes, and all Acts amendatory thereof, particularly Sections 34 and 35 of that certain Act approved August 19, 1912, (Georgia Laws of

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1912, page 119 et seq.) entitled: An Act to regulate all foreign and domestic fraternal companies, and for other purposes; and to repeal an Act approved August 17, 1914, (Georgia Laws of 1914, page 99, et seq.) entitled: An Act for the regulation and control of all fraternal benefit societies; to prescribe their admission into this State; the amount of license fee for each society; how they may be excluded from the State, and for other purposes, and all Acts amendatory thereof, particularly that certain Act approved August 20, 1917, (Georgia Laws of 1917, page 102 et seq.) entitled: An Act to provide upon what conditions, and how, and in what manner foreign and domestic fraternal benefit societies can issue benefit certificates to persons less than sixteen years of age and to others, and for other purposes; that certain Act approved August 21, 1917, (Georgia Laws of 1917, page 104 et seq.) entitled: An Act to amend Section 6 of an Act entitled `An Act for the regulation and control of all fraternal benefit societies; to prescribe their admission into this state; the amount of license fee for each society; how they may be excluded from the state; and for other purposes; that certain Act approved August 26, 1929 (Georgia Laws of 1929, page 241 et seq.), entitled: An Act authorizing fraternal benefit societies incorporated under the laws of another state to become incorporated in this state without loss of rights, privileges, or continuity, and prescribing the reciprocal powers, rights, and duties of such society and its members, fixing the standards of valuation, the forms of certificates it may issue, the character of business which may be carried on, providing funds for its expenses, providing that no courts shall have jurisdiction to allow attorney's fees to plaintiffs or attorneys against such society in any class suit, and providing that if any portion of this Act is held unconstitutional it shall not effect any other portion, and repealing all laws in conflict; that certain Act approved March 29, 1937 (Georgia Laws 1937, page 677 et seq.), entitled:

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An Act to amend Subsection 2, of Section 5 of Act No. 524, of the Acts of the General Assembly of the State of Georgia of 1914 relating to fraternal benefit societies; and that certain Act approved March 27, 1941 (Georgia Laws 1941, page 338 et seq.), entitled 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 Certificatesthe repealed Laws are Section 56-1601 to 56-1714 both inclusive of the Code of Georgia 1933; be and the same are hereby repealed, and in lieu of all of said repealed Acts a new Act is hereby enacted for the regulation and control of fraternal benefit societies which shall read as follows: Acts amended. 56-1601 56-1714 repealed. Section 2. Fraternal Benefit Societies Defined. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That any incorporated society, order or supreme lodge, without capital stock, organized and carried on solely for the benefit of its members and their beneficiaries and not for profit, operating on a lodge system with ritualistic form of work, having a representative form of government, and which shall make provision for the payment of benefits in accordance with this Chapter, is hereby declared to be a fraternal benefit society. Section 3. Lodge System Defined. Be it further enacted by the authority aforesaid, That any such society having a supreme governing or legislative body and subordinate lodges or branches, by whatever name known, into which members shall be elected, initiated or admitted in accordance with such society's constitution, laws, ritual, rules and regulations, which subordinate lodges or branches shall be required by the laws of such society to hold regular or stated

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meetings at least once in each month, shall be deemed to be operating on the lodge system. Lodge System. Section 4. Representative Form of Government Defined. Be it further enacted by the authority aforesaid, That any such society shall be deemed to have a representative form of government when it shall provide in its constitution and laws for a supreme legislative or governing body, composed of representatives elected either by the members or by delegates elected directly or indirectly by the members, together with such other members of such body as may be prescribed by such society's constitution and laws; provided, that the elective representatives shall constitute a majority in number and have not less than two-thirds of the votes, nor less than the votes required to amend its constitution and laws; and, provided further, that the meetings of the supreme or governing body and the election of officers, representatives or delegates shall be held as often as once in four calendar years. The members, officers, representatives or delegates of a fraternal benefit society shall not vote by proxy. Section 5. Exemptions. Be it further enacted by the authority aforesaid, That, except as herein provided, such societies shall be governed by this Chapter and shall be exempt from all provisions of the insurance laws of this state not only in governmental relations with the state, but for every other purpose, and no law hereafter enacted shall apply to them, unless they be expressly designated therein. Exemptions. Section 6. Benefits. Be it further enacted by the authority aforesaid, That any such society authorized to do business in this state shall provide for the payment of death benefits, and may issue to its members term, life, endowment and annuity certificates and combinations thereof, and may provide for the payment of benefits in case of temporary or permanent disability as the result of disease or accident; and may grant loans, withdrawal equities, and such nonforfeiture

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options as its laws may permit, provided such grants shall in no case exceed in value the portion of the reserve to the credit of the certificate on which the same are made. Every such society may provide for monuments or tombstones to the memory of deceased members. Benefits. Section 7. Beneficiaries. Be it further enacted by the authority aforesaid, That no beneficiary shall have or obtain any vested interest in the proceeds of any certificate until such certificate has become due and payable in conformity with the provisions of the insurance contract. The insured member shall have the right at all times to change the beneficiary or beneficiaries in accordance with the constitution, by-laws, rules or regulations of the society. Every society may, by its constitution, by-laws, rules or regulations, limit the scope of beneficiaries. Beneficiaries. Changed. Section 8. Qualifications for Membership. Be it further enacted by the authority aforesaid, That any society may admit to beneficial membership any person who has been examined by a legally qualified physican, and whose examination has been supervised and approved in accordance with the laws of the society, or who has made declaration of insurability acceptable to the society; provided, that any beneficial member of a society who shall apply for additional benefits more than six months after becoming a beneficial member shall pass an additional medical examination, or make an additional declaration of insurability, as required by the society. Any person so admitted prior to attaining the full age of twenty-one years shall be bound by the terms of his or her application and certificate, and by all the laws, rules and regulations of the society, and shall be entitled to all the rights and privileges of membership therein, as fully and to the same extent as though he or she were not a minor at the time of applying for such beneficial membership. Nothing herein contained shall prevent such society from accepting general or social members, who shall have

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no voice or vote in the management of the insurance affairs of the society, nor from issuing juvenile certificates on the lives of children under the age of eighteen years. Membership. Minors. Social members. Section 9. The Contract. Be it further enacted by the authority aforesaid, That every certificate issued or delivered in this state by any such society shall specify the amount of benefit provided thereby. The certificate, together with any riders or endorsements attached thereto, the charter or articles of incorporation, the constitution and laws of the society, the application for membership, and declaration of insurability (if used in lieu of a medical examination), signed by the applicant, and all amendments to each thereof, shall constitute the agreement between the society and the member, and the certificate shall so state. Copies of each of the aforesaid documents, certified by the secretary of the society, or corresponding officer, shall be received in evidence of the terms and conditions thereof. Any changes, additions or amendments to said charter or articles of incorporation, constitution or laws duly made or enacted subsequent to the issuance of the certificate, shall bind the member and the beneficiaries, and shall govern and control the agreement in all respects the same as though such changes, additions or amendments had been made prior to and were in force at the time of the application for membership; provided, however, that any society may provide specifically in its certificates that the rates and benefits shall not be subject to change, in which case the certificate shall contain a provision that if the society's reserves shall become impaired, there shall be paid by the member to this society the amount of the member's equitable proportion of such deficiency as ascertained by the society's board of directors, or corresponding body, and if such payment be not made, same shall stand as an indebtedness against the certificate, and draw interest at not to exceed six per cent per annum. The contract.

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Section 10. Standard and Prohibited Provisions. Be it further enacted by the authority aforesaid, That (1) no benefit certificate shall be issued or delivered in this state unless the same shall contain in substance the following provisions: (a) In case the age of the member or the age of the beneficiary is considered in determining the rate of contribution, then a provision that if it shall be found at any time before final settlement under the certificate that such age has been misstated, and the discrepance and rate of contribution involved have not been adjusted, the amount payable under the certificate shall be as such as the rate of contribution would have purchased at the correct age; provided, that if the correct age was not an insurable age under the society's charter, constitution or laws, only the mortuary payments shall be returned; provided further, that if the age has been overstated, no additional amount of insurance or other values shall be granted for any excess payments, but such excess payments shall be paid without interest to the beneficiary. Misstatements. (b) In case any withdrawal equities, non-forfeiture values, loan values, or other options are available under the contract, on default in payment of stated periodical contributions by the members, a table showing the same in figures for each year during at least the first twenty years of the certificate. (c) A provision that the member is entitled to a grace period of not less than the full month in which the payment of any stated contrbution, by whatever name known, after the first, may be made. During such grace period the certificate shall continue in full force, but in case the certificate becomes a claim during the said grace period before the overdue contribution is made, the amount of such overdue contribution or contributions may be deducted in any settlement under the certificate. Grace period.

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(d) Title on the face and on the back of the certificate clearly and correctly describing its form. (2) No certificate shall be issued or delivered in this state containing any of the following provisions: (a) Any provision limiting the time within which any action at law or in equity may be commenced to less than eighteen months after the cause of action shall accrue. Limitations of actions. (b) Any provision by which the certificate shall purport to be issued or take effect more than six months before the original application for the issuance was made, except in cases of transfer from one form of certificate to another in connection with which the member is to receive credit for any reserve accumulation under the form of certificate from which the transfer is made. (c) Any provision for forfeiture of the certificate for failure to repay any loan thereon or to pay interest on such loan, while the total indebtedness, including interest, is less than the loan value thereof. Forfeiture. Section 11. Benefits on Lives of Children. Be it further enacted by the authority aforesaid, That (1) Every fraternal benefit society authorized to do business in this state may provide in its constitution or by-laws, in addition to other benefits provided for therein, for term, life, endowment and annuity benefits, and combinations thereof, on the lives of children under eighteen years of age at time of application therefor, upon the application of some adult person as the by-laws, rules or regulations may provide. Every such society may, at its option, organize and operate branches for such children, and membership in local lodges, and initiation thereon shall not be required of such children, nor shall they have a voice in the management of the society. Children under 18. (2) The contributions to be made for death benefits under all juvenile certificates issued after the effective date

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of this Act shall be based upon the Standard Industrial Mortality Table or the American Experience Table of Mortality with Craig's or Buttolph's Extension thereof, with interest assumption of not more than four per cent per annum, or the American Men Ultimate Table of Mortality with Bowerman's Extension thereof, and interest at three and one-half per cent per annum, or upon any other standard approved by the Insurance Commissioner. Tables. (3) Every society issuing such benefit certificates shall maintain on all such certificates not less than the reserve required by the standard of mortality and interest adopted by the society for computing contributions. Reserve. (4) Every society issuing such benefit certificates shall have the right to provide in its by-laws, rules or regulations, for payments on account of the society's expense or general fund, which payments may be mingled with the general fund of the society. Such society shall have full power to provide for means of enforcing payment of contributions, designation of beneficiaries, and changing such designations, and in all other respects for the regulation, government and control of such certificates and all rights, obligations and liabilities incident thereto and connected therewith. General fund. Section 12. Benefit Certificates in ClassesRegulation. (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. Groups. (b) No Fraternal Benefit Society or Order shall hereafter

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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. (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 Certificates 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 Sub-section (d) of this Section increase said deposit by the sum of Five Thousand ($5,000.00) 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. Deposits. 56-302 to 305. (d) Any such society or order desiring to continue the writing of said certificate 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

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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 of such class, division and age that an equal amount will be divided among the then living members of such class, division and age. (f) If there shall be only one (1) certificate holder in a division and he should die without leaving a member in 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 per centum, covering each contingency provided for in such certificate. Reserve. (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. Misdemeanor Section 13. Funds. Be it further enacted by the authority aforesaid, That (1) unless otherwise provided in the contract, all funds shall be held, invested and disbursed for the use and benefit of the society, and no member or beneficiary

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shall have or acquire individual rights therein or become entitled to any apportionment or the surrender of any part thereof, except as provided in the contract. Funds. (2) The funds from which benefits shall be paid and the funds from which the expenses of the society shall be defrayed shall be derived from the periodical or other payments by the members and accretions to said funds, which payments may combine the separate purposes for which made; provided, that after the effective date of this Act no society shall be incorporated or authorized to do business in this state which does not provide for stated periodical or other contributions on all certificates for new insurance thereafter issued, sufficient to provide for meeting the mortuary obligations contracted when computed upon the basis of the American Experience Table of Mortality with interest assumption of not more than four per cent per annum, or on the basis of the American Men Ultimate Table of Mortality, with an interest assumption of not more than three and one-half per cent per annum, or on the basis of such mortality standards and interest assumptions as may be now or hereafter authorized for use by life insurance companies. No society, domestic or foreign, shall hereafter be incorporated or admitted to write or accept members for temporary or permanent disability benefits, or accidental death benefits, unless the rates therefor are adequate upon the basis of tables based upon reliable experience with an interest assumption not higher than four per cent per annum. (3) Any society may create, maintain, invest, disburse and apply any special fund or funds necessary to carry out any purpose permitted by the laws of such society. Special funds. (4) Deferred payments or installments of claims shall be considered as fixed liabilities on the happening of the contingency upon which such payments or installments are

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thereafter to be paid. Such liability shall be the present value of such future payments or installments upon the mortality and interest basis assumed by the society for valuation, and every society shall maintain a fund sufficient to meet such liability regardless of proposed future collections to meet any such liabilities. Fixed liabilities. Section 14. Investments. Be it further enacted by the authority aforesaid, That every society shall invest its funds only in the manner permitted by the laws of this state for the investment of the assets of life insurance companies; provided, that any foreign society permitted or seeking to do business in this state, which invests its funds in accordance with the laws of the state in which it is incorporated, shall be held to meet the requirements of this section for the investment of funds. Investments. Section 15. Organization. Be it further enacted by the authority aforesaid, That a fraternal benefit society, as defined by this Chapter, may be organized in the following manner: How organized. (1) Seven or more persons, citizens of the United States, a majority of whom are citizens of this state, who desire to form such a society, may make, sign and acknowledge before some officer, competent to take acknowledgement of deeds, articles of incorporation, in which shall be stated: (a) The proposed corporate name of the society, which shall not so closely resemble the name of any society or insurance company as to mislead the public or lead to confusion. (b) The purposes for which it is being formed, and the mode in which its corporate powers are to be exercised. Such purposes shall not include more liberal powers than are granted by this Chapter, provided that any lawful social, intellectual, educational, charitable, benevolent, moral,

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fraternal or religious advantages may be set forth among the purposes of the society. (c) The names and residences of the incorporators, and the names, residences and official titles of all the officers, trustees, directors, or other persons who are to have and exercise the general control of the management of the affairs and funds of the society for the first year, or until the ensuing election at which all such officers shall be elected by the supreme legislative or governing body, which election shall be held not later than one year from the date of the issuance of the permanent certificate. (2) (a) Such articles of incorporation, duly certified copies of the constitution and laws, rules and regulations, copies of all proposed forms of certificates, applications therefor, and circulars to be issued by such society, and a bond, conditioned upon the return to applicants of the advanced payments if the organization is not completed within one year, as provided in this section, such bond to be in the sum of five thousand dollars with sureties approved by the Insurance Commissioner, shall be filed with the Insurance Commissioner, who may require such further information as he deems necessary. If the purposes of the society conform to the requirements of this Act, and all provisions of the law have been complied with, the Insurance Commissioner shall so certify and retain and file the articles of incorporation, and furnish the incorporators a preliminary certificate authorizing said society to solicit members as hereinafter provided. Bond. (b) No preliminary certificate granted under the provisions of this section shall be valid after one year from its date, or after such further period, not exceeding one year, as may be authorized by the Insurance Commissioner, upon cause shown, unless the five hundred applicants hereinafter required have been secured and the organization has been

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completed as herein provided. The articles of incorporation and all other proceedings thereunder shall become null and void in one year from the date of said preliminary certificate, or at the expiration of said extended period, unless such society shall have completed its organization and commenced business as hereinafter provided. Organization Completed. (3) Upon receipt of said preliminary certificate from the Insurance Commissioner, said society may solicit members for the purpose of completing its organization, shall collect from each applicant the amount of not less than one regular monthly payment, in accordance with its table of rates as provided by its constitution and laws, and shall issue to each such applicant a receipt for the amount so collected. No society shall incur any liability other than for the return of such advance payment, nor issue any certificate, nor pay, allow, or offer or promise to pay or allow, any death or disability benefit to any person until: (a) actual bona fide applications for death benefits have been secured upon at least five hundred lives for at least one thousand dollars each; (b) all such applicants for death benefits shall have been regularly examined by regularly qualified practicing physicians, or shall have made acceptable declarations of insurability; Examination. (c) certificates of such examinations, or such suitable declarations of insurability have been duly filed and approved by the chief medical examiner of such society; (d) there have been established ten subordinate lodges or branches into which said five hundred applicants have been admitted; Lodges. (e) there has been submitted to the Insurance Commissioner, under oath of the president or secretary, or corresponding officer of such society, a list of such applicants,

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giving their names, addresses, date each was admitted, name and number of the subordinate branch of which each applicant is a member, amount of benefits to be granted, rate of stated periodical contributions which shall be sufficient to provide for meeting mortuary obligations contracted, when valued for death benefits upon the basis of the American Experience Table of Mortality, with interest assumption of not more than four per cent per annum, or upon the basis of the American Men Ultimate Table of Mortality with an interest assumption of not more than three and one-half per cent per annum, or upon the basis of such mortality standards and interest assumptions as may be now or hereafter authorized for use by life insurance companies, and for disability benefits, or accidental death benefits, upon tables based upon reliable experience with an interest assumption of not more than four per cent; and (f) it shall have been shown to the Insurance Commissioner, by sworn statement of the treasurer, or corresponding officer of such society, that at least five hundred applicants have each paid in cash at least one regular monthly payment as herein provided per one thousand dollars of indemnity to be affected, which payments in the aggregate shall amount to at least twenty-five hundred dollars, all of which shall be credited to the fund or funds from which benefits are to be paid, and no part of which may be used for expenses. Said advance payments shall be held in trust during the period of organization, and if the organization is not completed within the time provided herein, such payments shall be returned to said applicants. 500 applications. (4) The Insurance Commissioner may make such examinations and require such further information as he deems advisable, and upon presentation of satisfactory evidence that the society has complied with all the provisions of law, he shall issue to such society a certificate to that effect. Such certificate shall be prima facie evidence of the

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existence of such society at the date of such certificate. The Insurance Commissioner shall cause a record of such certificate to be made, and a certified copy of such record may be given in evidence with like effect as the original certificate. Certificate. (5) Every such society shall have the power to make a constitution and by-laws for the government of the society, the admission of its members, the management of its affairs, and the fixing and readjusting of the rates of contribution of its members from time to time. It shall have the power to change, alter, add to or amend such constitution and by-laws, and shall have such other powers as are necessary and incidental to carrying into effect the objects and purposes of the society. Constitution and by laws. Section 16. Powers Retained Reincorporation Amendments. Be it further enacted by the authority aforesaid, That any incorporated fraternal benefit society now engaged in transacting business in this state shall comply with and be governed by the provisions of this Act from and after the effective date thereof. No society already incorporated shall be required to reincorporate hereunder, and any such society may amend its articles of incorporation from time to time in the manner provided therein or in its constitution and laws, and all such amendments, duly certified by the secretary, or corresponding officer, shall be filed with the Insurance Commissioner, and shall become operative upon such filing, unless a later time be provided in such amendments or in its articles of incorporation, constitution or laws. Any fraternal benefit society organized or incorporated under the laws of any other state and licensed to do business in this state, which has assets in excess of the required reserve liability when its outstanding benefit certificates or contracts are valued on the American Experience Table of

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Mortality with an interest assumption of not more than four per cent per annum, or upon some higher standard, may become a fraternal benefit society incorporated under the Laws of this state with a continuation without intermission or cessation of any of its powers, rights and privileges and of all mutual existing rights, obligations, liabilities, powers, contracts, liens, privileges and duties at the time existing between said fraternal benefit society and its members. Its officers shall be continued in office for the terms for which they were elected with the same rights, responsibilities, liabilities, duties, powers and privileges as at the time enjoyed and imposed upon themit being the purpose of this section to extend and continue such fraternal benefit society as such entity in this state the same as if it has in all respects originally been incorporated under the laws of this state. Foreign Societies. In order to become such a fraternal benefit society corporation of this state, the officers of such society such as the board of control, trustees, directors, council, executive council, or by whatever name known, shall file with the Secretary of State articles of incorporation which shall not be inconsistent with this Chapter. The Secretary of State shall not file a certificate of incorporation for such fraternal benefit society unless such articles of incorporation shall be accompanied by a certificate of the Insurance Commissioner of this state to the effect that such fraternal benefit society has assets in excess of the required reserve liability when its outstanding benefit certificates or contracts are valued on the American Experience Table of Mortality with an interest assumption of not more than four per cent per annum, or some higher standard. When such articles of incorporation shall have been so filed with the Secretary of State and a fee of One Hundred Dollars paid therefor, such fraternal benefit society shall immediately thereby become incorporated as a fraternal benefit society of this state and the Secretary of State shall issue to it a certificate

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of incorporation as a fraternal benefit society with the powers and privileges appertaining thereto under the laws of this state, and the Insurance Commissioner shall issue to it a license as a fraternal benefit society of this State upon the payment of a fee of Forty Dollars therefor, and it shall have the same rights, responsibilities and privileges that are accorded to domestic fraternal benefit societies of this State under this Chapter. Such fraternal benefit societies shall, except as provided in this section, be governed by the general laws governing fraternal benefit societies of this State. It is the declared purpose of this section to establish and continue such fraternal benefit society as a corporation of this State the same as if it has in all respects originally been incorporated under the laws of this State. Such a fraternal benefit society so incorporated under the laws of this State as a domestic fraternal benefit society shall maintain an office in this State, together with a representative thereof, but may maintain offices and other places of business in other states. Articles filed with Secy. of State. Office in this State. Section 17. Consolidations and Mergers. Be it further enacted by the authority aforesaid, That no domestic society shall consolidate or merge with any other society unless such consolidation or merger is evidenced by contract in writing setting out in full the terms and conditions of such consolidation or merger, and filed with the Insurance Commissioner of this state, together with a sworn statement of the financial condition of each of said societies, by its president and secretary, or corresponding officers, of a date not earlier than the thirty-first day of December next preceding the date of such contract, and a certificate of such officers, duly verified by their respective oaths that such consolidation or merger has been approved by a majority vote of the members of the supreme legislative or governing body of each of said societies. Upon the submission of said contract, financial statements and certificates, the Insurance

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Commissioner shall examine the same, and, if he shall find such financial statements to be correct, and the said contract to be in conformity with the provisions of this section, and that such consolidation or merger is just and equitable to the members of each of said societies, he shall approve said consolidation or merger, issue his certificate to that effect, and said contract of consolidation or merger shall be in full force and effect; provided, however, that if any society, a party to such contract of consolidation or merger, shall be incorporated under the laws of any other state or territory, such consolidation or merger shall not become effective unless and until the same shall have been duly approved as provided by the laws of such state or territory, and a certificate of such approval be filed with the Insurance Commissioner of this state. In case such contract is not approved, the fact of its submission and its contents shall not be disclosed by the Insurance Commissioner. Upon any such consolidation or merger becoming effective, as hereinabove provided, all the rights, franchises and interests of the societies so consolidated or merged, in and to every species of property, real, personal and mixed, and things in action thereunto belonging, shall be deemed to be and shall be vested in the society resulting from or remaining after such consolidation or merger without any deed or other instrument; and the title to any real estate, or any interest therein, under the laws of this state vested in any of the societies so consolidated or merged, shall not revert or be in any way impaired by reason of such consolidation or merger, but shall vest absolutely in the society resulting from or remaining after such consolidation or merger. Merger. Section 18. Annual License. Be it further enacted by the authority aforesaid, That Societies which are now authorized to transact business in this state may continue such business until the first day of March next succeeding the effective date of this Chapter, and the authority of such

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societies may thereafter be renewed annually, but in all cases to terminate on the first day of the succeeding March; provided, however, a license so issued shall continue in full force and effect until the new license be issued or specifically refused. For each such license or renewal the society shall pay the Insurance Commissioner forty dollars. A duly certified copy or duplicatae of such license shall be prima facie evidence that the licensee is a fraternal benefit society within the meaning of this Chapter. License. Section 19. Admission or Foreign Society. Be it further enacted by the authority aforesaid, That no foreign society, which is not now authorized to transact business in this state, shall transact any business herein without a license from the Insurance Commissioner. Any such society may be licensed to transact business in this state upon filing with the Commissioner a duly certified copy of its charter or articles of incorporation, a copy of its constitution and laws, certified by its secretary, or corresponding officer, a power of attorney to the commissioner as hereinafter provided, a statement of its business under oath of its president and secretary, or corresponding officers, in the form required by the commissioner, duly verified by an examination made by the supervising insurance official of its home state or other state satisfactory to the Insurance Commissioner of this state, a certificate from the proper official in its home state, province, or country, that the society is legally incorporated and licensed to transact business therein, copies of its certificate forms, and upon furnishing the Commissioner with such other information as he may deem necessary to a proper exhibit of its business and plan of working, and upon showing that its assets are invested in accordance with the laws of the state, territory, district, province, or country where it is organized, the commissioner shall issue a license to such society to do business in this state until the first day of the succeeding March, and such license shall, upon compliance

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with the provisions of this Chapter, be renewed annually, but in all cases to terminate on the first day of the succeeding March; provided, however, that the license shall continue in full force and effect until the new license be issued or specifically refused. Any foreign society desiring admission to this State shall have the qualifications required of domestic societies organized under this Chapter and have its assets invested as required by the laws of the state, territory, district, country or province where it is organized. For each such license or renewal the society shall pay the Commissioner forty dollars. If the commissioner refuses to license any society, or revokes its authority to do business in this state, he shall reduce his ruling, order or decision to writing and file the same in his office, and shall furnish a copy thereof, together with a statement of his reasons therefor, to the secretary, or other corresponding officer, of the society. Nothing contained in this Chapter shall be taken or construed as preventing any such society from continuing in good faith all contracts made in this state during the time such society was legally authorized to transact business herein. Section 20. Service of Process. Be it further enacted by the authority aforesaid, That each society, whether domestic or foreign, now doing or hereafter admitted to do business in this state, shall appoint, in writing, the Insurance Commissioner, and his successors in office, to be its true and lawful attorney, upon whom all lawful process in any action or proceeding against it shall be served, and in such writing agree that any lawful process against it which is served on said attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state. Copies of such appointment, certified by said Insurance Commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same

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force and effect as the original thereof might be admitted. Service on Ins. Comr. Service shall only be made upon the Insurance Commissioner, or, in his absence, upon the person in charge of his office, shall be made in duplicate, and shall be deemed sufficient service upon such society; provided, however, that no such service shall be valid or binding against any such society when it is required thereunder to file its answer, pleading or defense in less than thirty days from the date of mailing the copy of such service to such society. When legal process against any such society is served upon the Insurance Commissioner, he shall forthwith forward one of the duplicate copies by registered mail; prepaid and directed to the secretary, or corresponding officer. Legal process shall not be served upon any such society except in the manner provided herein. Section 21. Place of MeetingLocation of Office.Be it further enacted by the authority aforesaid, That any domestic society may provide that the meetings of its legislative or governing body may be held in any state, district, province or territory wherein such society has subordinate branches, and all business transacted at such meetings shall be as valid in all respects as if such meetings were held in this state; but its principal office shall be located in this State. Meetings. Section 22. No Personal Liability. Be it further enacted by the authority aforesaid, That officers and members of the supreme, grand or any subordinate body of any such incorporated society shall not be individually liable for the payment of any disability, death, or other benefit provided for in the laws and agreements of such society, but the same shall be payable only out of the funds of such society and in the manner provided by its laws. Section 23. Waiver. Be it further enacted by the authority aforesaid, That unless authorized by express provisions

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of the constitution and laws of the society, no employee or agent of the society, or any subordinate body, or any subordinate officer or member, shall have the power, right or authority to waive or modify any of the provisions of the constitution, laws, or any contract of the society; and no custom or course of dealing on the part of any employee or agent of the society, or any subordinate body, or any subordinate officer or member, shall have the effect of so waiving or modifying any such provision, and the same shall not be binding upon the society, or any member thereof, or any beneficiary of any member; nor shall same constitute a waiver of any of the provisions of the constitution, laws or any contract of the society, nor operate as an estoppel. Waiver. Section 24. Incontestability. Be it further enacted by the authority aforesaid, That every certificate for new insurance hereafter issued shall be incontestable after it has been in force during the lifetime of the insured for a period of two years from its date of issue, except for nonpayment of stated periodical contributions, risks limited or not assumed, violation of the provisions of the certificate relating to military or naval service, and violation of the provisions relating to religion, occupation, suspension or expulsion as substantially set forth in the contract; and at the option of the society, provisions relating to benefits in the event of total and permanent disability, and provisions which grant additional insurance specifically against death by accident or accidental means, may also be excepted; provided, however, that every such certificate may provide that the society shall have the right to contest a reinstated certificate within a period after date of reinstatement not exceeding the period of contestability prescribed in the original certificate with the same exceptions as herein provided. Incontestability. Section 25. Benefits Not Attachable. Be it further enacted by the authority aforesaid, That no money or other

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benefit, charity or relief or aid to be paid, provided or rendered by any such society, shall be liable to attachment, garnishment or other process, or to be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right thereunder, either before or after payment. Attachments. Section 25. Constitution and LawsAmendments. Be it further enacted by the authority aforesaid, That every society transacting business under this Chapter shall file with the Insurance Commissioner a duly certified copy of all amendments of or additions to its constitution and laws within ninety days after the enactment of the same. Printed copies of the constitution and laws as amended, changed or added to, certified by the secretary, or corresponding officer, of the society, shall be prima facie evidence of the legal adoption thereof. Amendments. Section 27. Reports and Valuation. Be it further enacted by the authority aforesaid, That (1) every society transacting business in this state shall annually, on or before the first day of March, unless for cause shown such time has been extended by the Insurance Commissioner, file with the commissioner, in such form as he may require, a statement under oath of its president, secretary and treasurer, or corresponding officers, of its affairs, condition and operations during the calendar year ending on the thirty-first day of December last preceding, which statement, or the substance thereof, shall be published in the annual report of the commissioner. The commissioner is authorized and empowered to address any additional inquiries to every such society in relation to its doings or condition, or any other matter connected with its transactions relative to the business contemplated by this Chapter, and such officers of such society, as the commissioner may require, shall promptly reply in writing, and under oath, if so required, to all such inquiries. Reports.

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(2) Every domestic society, if it has an official publication or newspaper, shall publish therein a synopsis of its annual statement and valuation report within sixty days after the same have been filed with the commissioner. (3) In addition to the annual report herein required, each society shall annually, on or before the first day of March, file with the commissioner a valuation of its certificates in force on December thirty-first last preceding, provided, however, the commissioner may, in his discretion, for cause shown, extend the time for filing such valuation for not more than two calendar months. Such reports of valuation shall show, as reserve liabilities, the difference between the present mid-year value of the promised benefits provided in the contracts of such society in force and the present mid-year value of the future net contributions as the same are in practice actually collected, not including therein any value for the right to make extra assessments, and not including any amount by which the present mid-year value of future net contributions exceeds the present mid-year value of promised benefits on individual certificates. At the option of any society, in lieu of the above, the valuation may show the net tabular value which, in the case of monthly contributions, may be the means of the terminal reserve values for the end of the preceding and of the current certificate years, provided, every society which combines its funds shall maintain all of its reserves on the net tabular basis, and provided, further, that if the contribution or payment (by whatever name known) charged is less than the tabular net contribution according to the basis of the valuation used, an additional reserve equal to the present value of the deficiency in such contributions shall be set up and maintained as a liability, except that a society which has used tabular reserves for a period of ten years preceding the effective date of this act in making its valuation on the basis of the American Experience Table of Mortality with

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interest at four per cent per annum, and charges net rates of contribution lower than the tabular net rates on the said valuation basis, may, in lieu of the reserve equal to the present value of the deficiency herein mentioned on all such certificates in force on the effective date of this Chapter, set up an additional reserve to cover the deficiency in such rates calculated on a basis not less than one providing for the accumulation as a pure endowment under a level net annual rate of contribution of a sum at the end of not more than twenty years from the issue of each certificate equal to the present value at that time of the difference between the net rate charged under each certificate and the tabular net rate of contribution used in the valuation of the same certificate. Such tabular reserve values may be computed so as to allow for not more than one year preliminary term insurance, and for certificates issued after the effective date of this Act, if the contribution charged for term insurance under a limited payment life preliminary term certificate providing for the payment of all contributions thereon in less than twenty years from the date of the certificate, or under an endowment preliminary term certificate exceeds that charged for like insurance under twenty-payment life preliminary term certificate of the same society, the reserve thereon at the end of any year, including the first, shall not be less than the reserve on a twenty-payment life preliminary term certificate issued in the same year at the same age, together with an amount which shall be equivalent to the accumulation of a net level contribution sufficient to provide for a pure endowment at the end of the contribution payment period equal to the difference between the value at the end of such period of such a twenty-payment life preliminary term certificate, and the full net level certificate reserve at such time of such a limited payment life or endowment certificate. The contribution payment period is the period during which contributions are concurrently payable under such twenty-payment life preliminary term

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certificate and such limited payment life or endowment certificate. Valuation of certificates. (4) Such valuation shall be certified by a competent accountant or actuary, or, at the request and expense of the society, verified by the actuary of the department of insurance of the home state of the society. The legal minimum standard of valuation for all death benefits shall be the National Fraternal Congress Table of Mortality, as adopted by the National Fraternal Congress August twenty-third, eighteen hundred ninety-nine, with interest assumption of not more than four per cent per annum, but the society may, at its option, use a table based upon the society's own experience of at least twenty years and covering not less than one hundred thousand lives, and with interest assumption of not more than four per cent per annum; provided, that all death benefits provided in certificates for new insurance issued after the effective date of this Act, shall be valued according to the American Experience Table of Mortality, with interest assumption of not more than four per cent per annum, or according to the American Men Ultimate Table of Mortality with interest assumption of not more than three and one-half per cent per annum, or according to such mortality standards and interest assumptions as may be now or hereafter authorized for use by life insurance companies; and, provided further, that the minimum basis of valuation of all annuity certificates issued after the effective date of this Act, shall be the American Annuitants Table with interest assumption of not more than four per cent per annum. The minimum basis of valuation of all disability benefits shall be Hunter's Disability Table with interest assumption of not more than four per cent per annum, except that Class III Disability Experience modified to conform to the contractual waiting period with interest assumption of not more than four per cent per annum shall be the minimum basis of valuation of all benefits presuming

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that total disability shall be considered to be permanent whenever such disability has existed continuously for a period of six months or less. Accidental death benefits shall be valued upon the basis of tables based upon reliable experience with interest assumption of not more than four per cent per annum. Each such valuation report shall set forth clearly and fully the mortality, disability and interest assumption and the method of valuation used in the computation of all reserve liabilities. (5) If such valuation on the December Thirty-first next succeeding the effective date of this Act shows that the admitted assets of any such society are less than the sum of its required reserves and accrued liabilitiess, such society shall, within four years following such valuation, except as hereinafter provided, take the necessary action to remove, by December thirty-first, nineteen hundred fifty, any deficiency in its admitted assets. However, if, in any two consecutive valuations subsequent to December thirty-first next succeeding the effective date of this Chapter, a greater degree of deficiency in admitted assets is shown, the Insurance Commissioner shall send written notice to such society requiring it to take, within six months from receipt of such notice, the necessary action to remove, within three years from receipt of such notice, all deficiency in its admitted assets. If either of the actions hereinbefore provided be not taken within the time herein specified, the Insurance Commissioner shall, in the case of a domestic society, notify the attorney general, who shall institute proceedings for its liquidation, or shall, in the case of a foreign society, cancel its certificate of authority. Deficiency in assets. Section 28. Examination of Domestic Societies. Be it further enacted by the authority aforesaid, That the Insurance Commissioner, or any person he may appoint, shall have the power of visitation and examination into the affairs of any domestic society, and shall make an examination

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at least once in every three years. He may employ assistants for the purpose of such examination, and he, or any person he may appoint, shall have free access to all the books, papers and documents that relate to the business of the society, and may summon and qualify as witness under oath and examine its officers and employees or other persons in relation to the affairs, transactions and condition of the society. The expense of such examination and all valuations, including compensation and actual expenses of examiners, shall be paid by the society examined, or whose contracts are valued upon statements furnished by the Insurance Commissioner. The compensation of examiners shall in each case be fixed by the Insurance Commissioner. Whenever, after examination, the commissioner is satisfied that any domestic society has failed to comply with any provisions of this Chapter, or is exceeding its powers, or is not carrying out its contracts in good faith, or is transacting business fraudulently, or in a way hazardous to its members, creditors, or the public, or whenever any domestic society, after the existence of one year or more, shall have a membership of less than four hundred (or shall determine to discontinue business), the commissioner may present the facts relating thereto to the attorney general, who shall, if he deems the circumstances warrant, commence an action in quo warranto in a court of competent jurisdiction, and such court shall thereupon notify the officers of such society of a hearing, and if it shall then appear that such society should be closed, said society shall be enjoined from carrying on any further business, and some person may be appointed receiver of such society, and shall proceed at once to take possession of the books, papers, moneys and other assets of the society, and shall forthwith, under the direction of the court, proceed to close the affairs of the society and to distribute its funds to those entitled thereto. No such proceedings shall be commenced by the attorney general against any such society until after notice has been duly

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served on the chief executive officers of the society and a reasonable opportunity given to it, on a date to be named in said notice to show cause why such proceedings should not be commenced. Examination. Actions. Section 29. Application for Receiver, Etc. Be it further enacted by the authority aforesaid, That no application for injunction against, or proceedings for the dissolution of, or the appointment of a receiver for, any domestic society, or branch thereof, shall be entertained by any court in this state unless the same is made by the attorney general. By Atty. Gen. Section 30. Examination of Foreign Societies. Be it further enacted by the authority aforesaid, That the Insurance Commissioner, or any person whom he may appoint, may examine any foreign society transacting or applying for admission to transact business in this state. The said Commissioner may employ assstants, and he, or any person he may appoint, shall have free access to all books, papers and documents that relate to the business of the socety. He may, in his discretion, accept, in lieu of such examination, the examination of the insurance department of the state, territory, district, province or country where such society is organized. The compensation and actual expenses of the examiners making any such examination, and for all general or special valuations, shall be paid by the society examined, or whose contract obligations have been valued upon statements furnished by the Insurance Commissioner. If any such society, or its officers, refuse to submit to such examinations, or to comply with the provisions of the section relative thereto, the authority of such society to write new business in the state shall be suspended or license refused until satisfactory evidence is furnished the commissioner relating to the condition and affairs of the society, and during such suspension the society shall not write new business in this state. Examination of foreign societies.

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Section 31. No Adverse Publication. Be it further enacted by the authority aforesaid, That pending, during or after an examination or investigation of any such society, either domestic or foreign, the Insurance Commissioner shall make public no financial statement, report or finding, nor shall he permit to become public any financial statement, report or finding affecting the status, standing or rights of any such society, until a copy thereof shall have been served upon such society at its home office, and such society shall have been afforded a reasonable opportunity to answer any such financial statement, report or finding, and to make such showing in connection therewith as it may desire. Publication. Section 32. Revocation of License. Be it further enacted by the authority aforesaid, That when the Insurance Commissioner, on investigation, is satisfied that any society transacting business under this Chapter, has exceeded its powers, or has failed to comply with any provisions of this Chapter, or is conducting business fraudulently, or in a way hazardous to its members, creditors or the public, or is not carrying out its contracts in good faith, he shall notify the society of his findings, and state in writing the grounds of his dissatisfaction, and after reasonable notice require said society, on a date named, to show cause why its license should not be revoked. If on the date named in said notice such objections have not been removed to the satisfaction of the said Commissioner, or the society does not present good and sufficient reason why its authority to transact business in this state should not at that time be revoked, he may revoke the authority of the society to continue business in this State. License revoked. Section 33. Exemption of Certain Societies. Be it further enacted by the authority aforesaid, That (1) nothing contained in this Chapter shall be so construed as to effect or apply to:

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(a) grand or subordinate lodges of societies, orders or associations now doing business in this state which provide benefits exclusively through local or subordinate lodges; Exempted. (b) orders, societies or associations which admit to membership only persons engaged in one or more crafts or hazardous occupations, in the same or similar lines of business, and the ladies' societies or ladies' auxiliaries to such orders, societies or associations; (c) domestic societies which limit their membership to employees of a particular city or town, designated firm, business house or corporation which provide for a death benefit of not more than four hundred dollars or disability benefits of not more than three hundred fifty dollars to any person in any one year, or both; (2) Any such society or association described in clause (c) of subsection (1) which provides for death or disability benefits for which certificates are issued shall not be exempted from the provisions of this Chapter, but shall comply with all the requirements thereof. (3) No society which, by the provisions of this section, is exempt from the requirements of this Chapter, except any society described in clause (b), supra, shall give or allow, or promise to give or allow to any person compensation for procuring new members. (4) Every fraternal benefit society heretofore organized and incorporated, and which provides exclusively for benefits in case of death or disability resulting solely from accident, and which does not obligate itself to pay natural death or sick benefits, may be relicensed under the provisions of this Chapter, if heretofore authorized, and shall have all of the privileges and be subject to all the applicable provisions and regulations of this Chapter except that the provisions thereof relating to medical examination, standard

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provisions, prohibited provisions, valuations of benefit certificates, incontestability, and the requirement that the certificate shall specify the amount of benefits, shall not apply to such society. (5) The commissioner may require from any society or association, by examination or otherwise, such information as will enable him to determine whether such society or association is exempt from the provisions of this article. Section 34. Taxation. Be it further enacted by the authority aforesaid, That every fraternal benefit society organized under this Chapter is hereby declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all and every state, county, district, munipical and school tax, other than taxes on real estate and office equipment. Taxes. Section 35. Misrepresentations, Misleading Statements and Incomplete Comparisons. Be it further enacted by the authority aforesaid, That (1) no representative of any fraternal benefit society authorized to transact the business of life, accident or health insurance in this state, and no other person, firm, association or corporation, shall issue or circulate, or cause or permit to be issued or circulated, any illustration, circular, statement or memorandum misrepresenting the terms, benefits or advantages of any certificate or contract of life, accident or health insurance issued or to be issued in this state, or shall make any misleading estimate as to the dividends or share of surplus to be received in the future on such certificate or contract, or shall make any false or misleading statement as to the dividends or share of surplus previously paid by any such fraternal benefit society on similar certificates or contracts, or shall make any misleading representation, or any misrepresentation, as to the financial condition of any such fraternal benefit society, or as to the legal reserve system upon

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which such fraternal benefit society operates, or shall make any false or misleading statements of any other kind or nature with reference to any such fraternal benefit society. No such agent, representative, person, firm, association or corporation shall make to any person or persons any incomplete comparison of any certificates or contracts of any fraternal benefit society or societies, with the certificates or contracts of any other fraternal benefit society or societies, or of any other insurer, for the purpose of inducing or tending to induce such person or persons to lapse, forfeit or surrender any insurance certificate or contract. Misrepresentations. (2) Any such comparison of the certificates or contracts of any such fraternal benefit society or societies, shall be deemed to be an incomplete comparison, if it does not compare in detail the gross contributions and gross contributions less any dividend or other reduction thereof allowed by the society or societies, at the date of the comparison, and the increase in any cash values and all the benefits provided by each of such certificates or contracts for the possible duration of the certificate or contract to be determined by the life expectancy of the certificate holder. The omission from any such comparison of any benefit or value provided in any such certificate or contract or of any difference as to amount or period of payment of contributions, or of any difference in limitations or conditions or provisions which directly or indirectly affect the benefits thereunder, shall constitute such comparison an incomplete comparison. Comparisons. (3) In the determination, judicial or otherwise, of the incompleteness or misleading character of any such comparison, it shall not be presumed that the certificate holder knew or knows of any of the provisions, terms or benefits contained in any insurance certificate or contract. (4) Any representative of a fraternal benefit society, and any other person, firm, association or corporation who,

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or which, shall violate any of the provisions of this section, or who, or which, shall knowingly receive any compensation or commission by or in consequence of such violation, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail for not less than thirty days, nor more than one year, or both, in the discretion of the court, and shall, in addition thereto, be liable for a civil penalty in the amount of three times the sum received, knowingly or otherwise, by such violator as compensation or commission, which penalty may be sued for and recovered by any person or fraternal benefit society aggrieved for his or its own use and benefit in accordance with the provisions of civil practice. Penalty. Section 36. Penalties. Be it further enacted by the authority aforesaid, That (1) any person, officer, member or examining physician of any society authorized to do business under this Chapter, who shall knowingly or willfully make any false or fraudulent statement or representation in or with reference to any application for membership, or for the prupose of obtaining money from, or benefit in, any society transacting business under this Chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail for not less than thirty days, nor more than one year, or both, in the discretion of the court. (2) Any person who shall willfully make a false statement of any material fact or thing in a sworn statement as to the death or disability of a certificate holder in any such society for the purpose of procuring payment of a benefit named in the certificate of such holder, and any person who shall willfully make any false statement in any verified report or declaration under oath required or authorized by

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this Chapter shall be guilty of perjury, and shall be proceeded against and punished as provided by the statutes of this state in relation to the crime of perjury. Perjury. (3) Any person who shall solicit membership for, or in any manner assist in procuring membership in, any fraternal benefit society not licensed to do business in this state, or who shall solicit membership for, or in any manner assist in procuring membership in any such society not authorized, as herein provided, to do business as herein defined, in this state, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine or not less than fifty, nor more than two hundred dollars. (4) Any society, or any officer, or employee thereof, neglecting or refusing to comply with, or violating any of, the provisions of this Chapter, the penalty for which neglect, refusal or violation is not specified in this section, shall be fined not exceeding two hundred dollars upon conviction thereof. Section 37. Penalty for Refusing or Neglecting to Make ReportDuty of Insurance CommissionerInjunction, Etc. Be it further enacted by the authority aforesaid, That any such society refusing or neglecting to make the report, as provided in this Chapter, or to appoint the Insurance Commissioner as its true and lawful attorney for the purpose of this Chapter, shall be excluded from doing business in this State. Said Insurance Commissioner must, within sixty days after failure to make such report, or in case any such society shall exceed its powers, or shall conduct its business fraudulently, or shall fail to comply with any of the provisions of this Chapter, give notice, in writing to the attorney general, who shall immediately commence an action against any such society to enjoin the same from carrying on any business. No injunction against any such society shall be granted by any court, except on application by the

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attorney general, at the request of the Insurance Commissioner. No society so enjoined shall have authority to continue business until such report shall be made or overt act or violation complained of shall have been corrected, nor until the costs of such action be paid by it, provided the court shall find that such society was in default as charged. Whereupon, the Insurance Commissioner shall reinstate such society, and not until then shall such society be allowed to again do business in this state. Any officer, or person acting for any society, or subordinate body thereof, in this state, while such society shall be so enjoined or prohibited from doing business pursuant to this Chapter, shall be deemed guilty of a misdemeanor, and on convicton thereof shall be punished by a fine of not less than fifty dollars, nor more than two hundred dollars, or by imprisonment in the county jail for not less than thirty days, nor more than one year, or by both such fine and imprisonment in the discretion of the court. Penalty for refusal to make reports. Section 38. Authority to Maintain Hospitals, Asylums, Etc.Provide for Hospitalization, Nursing and Medical Attention. Be it further enacted by the authority aforesaid, That it shall be lawful for any fraternal benefit society, as defined in this Chapter, now organized and existing, or hereafter organized under and by virtue of the laws of this state or any such society organized and existing under and by virtue of the laws of any other state, country, province or territory, and now or hereafter admitted to do business in this state, to create, maintain and operate, out of its general or expense fund and from any voluntary contributions it may receive therefor, and from any bequest and the proceeds of any insurance contract in which it is named as beneficiary, in trust for the purpose mentioned in this section, hospitals, asylums, homes, sanatariums, or other charitable or benevolent institutions for the benefit of its sick, disabled, aged or distressed members and their families

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and dependents, and also to own, maintain and operate radio broadcasting stations and recreation centers; and for such purposes any such society may own, hold or lease personal property or real property located within or without this state, with necessary buildings thereon; provided, that the amount of the general or expense fund to be expended, as herein provided, shall not exceed such amounts as shall have been or shall be from time to time authorized by the legislative or supreme governing body of such society; provided further, that maintenance, treatment and proper attendance in any such institution may be furnished free, or a reasonable charge may be made therefor, but no such institution shall be operated for profit; and provided further, that no part of the cost or expense of creating, maintaining or operating any such institution shall be defrayed or paid out of the mortuary, sick or disability funds of any such society. Hospitals, etc. Any such society and any society heretofore organized and incorporated which provides exclusively for benefits in case of death or disability resulting solely from accident and which does not obligate itself to pay natural death or sick benefits, may, in addition to the benefits now or hereafter authorized to be granted by it to its members, make contract provisions for full or limited hospital, nursing and medical attention, or for one or more of said items. Section 39. Review. Be it further enacted by the authority aforesaid, That all decisions and findings of the Insurance Commissioner made under the provisions of this Chapter shall be subject to review by proper proceedings in any court of competent jurisdiction in this state. Review. Section 39A. Be it further enacted by the authority aforesaid that this bill shall not supersede nor repeal any law relating to industrial insurance nor shall said Act be construed to authorize any society referred to in said bill to engage

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in the business of industrial life and health insurance as now defined by the laws of this State. Industrial insurance. Section 40. Be it further enacted by the authority aforesaid, That if any section or part of this Act shall be held invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed to affect the validity of any other section or part of this Act. Invalid parts. Section 41. Be it further enacted by the authority aforesaid, That this Act shall become and be operative from and after the date of its passage and approval. Section 42. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1943. GENERAL ELECTION BIENNIALLY IN AUGUST. No. 348. 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 elections shall be held, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is enacted by authority of the same, as follows: Section 1. In addition to the general election created under and by virtue of an Act approved August 14, 1914 (Acts 1914, pages 47-48), there is hereby created and established a State-wide general election to be known as the August general election which shall be held biennially on

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Tuesday after the first Monday in August, beginning on the above date in 1943, which election shall be held in the same manner, with the same formality, and in accordance with all rules and regulations in existence in holding the November general election, and which August general election shall be held in every county and every Militia District therein in the State for the purpose hereinafter specified in detail in this Act. Ga. Laws 1914 pp. 47-48. August General Election. Section 2. The August general election herein created is hereby designated as being the election in which vacancies shall be filled in any and all State and county offices, which vacancies may have occurred by reason of the death or resignation of the incumbent or nominee therefor, or otherwise, since the last preceding general election, except that special elections to fill vacancies may still be held under and pursuant to Chapter 34-17 of the 1933 Code of Georgia, whenever such special election may be more expedient, and may best serve the interests of the State or any county thereof, by filling any such vacancy at an earlier date than is provided for in this section. To fill vacancies. Section 3. At the August general election herein created there shall be submitted to the qualified voters of the State for ratification or rejection any and all Constitutional amendments to the Constitution of Georgia, and any and all referendums which may have been enacted and proposed by the General Assembly of Georgia, at any session of such General Assembly since the last November general election, and preceding such August general election, provided that sufficient time between enactment by the General Assembly and approval by the Governor, and the date of holding the August general election exists in which to advertise such Constitutional amendment, or amendments, or referendum, as is provided by law. Constitutional Amendments Referendums.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1943. HUNTING AND FISHING LICENSES. No. 444. An Act to regulate the sale and distribution of Hunting and Fishing Licenses; to provide that such licenses shall be sold by the State Revenue Commissioner or his Agent or Agents; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Hunting and Fishing Licenses in this State shall be issued and sold by the State Revenue Commissioner, his Agent or Agents under such terms, conditions, procedures, accountings, etc., as he may prescribe. Provided said licenses shall be sold in each county by some designated bonded agent who shall keep stubs of all licenses sold. All license shall be charged to such agent who shall account for same or cash from result of sales. Provided, the agent selling same shall not receive more than 10 per cent of price of such licenses. Sold by State Revenue Comr. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1943.

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ILLEGITIMATESDISCRIMINATION AGAINST FORBIDDEN. No. 445. An Act to provide that no court shall discriminate against any person because of his illegitimate birth; that no mother of an illegitimate child, in an action for damages arising out of injuries to or the death of her child, shall be discriminated against because of the illegitimate birth of such child; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia that on and after the approval of this Act: Section 1. No court, commission, or quasi-judicial body shall discriminate against any person because of his illegitimate birth. Section 2. Nor shall the mother of an illegitimate child, in an action for damages arising out of injuries to or the death of her childwhether she sue in her own right or in here capacity as guardian, executor, or administratorbe discriminated against because of such child's illegitimate birth. Section 3. All existing laws and parts of laws which do with Act conflict are hereby repealed. Approved March 20, 1943.

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JUSTICES OF THE PEACE AND CONSTABLESCOMPENSATION. No. 287. An Act to provide the manner in which Justices of the Peace and Notaries Public Ex-Officio Justices of the Peace and Constables shall be compensated in criminal cases; 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 all Justices of the Peace and Notaries Public who are Ex-officio Justices of the Peace, and Constables of the State of Georgia, shall be compensated in criminal cases in the way and manner hereinafter prescribed. Bill of costs. Section 2. Said officers above named shall present their bill of costs to the Clerk and Judge of the Superior Court of their county at each term of said Superior Court, which bill shall be itemized, and with the affiidavit 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 Clerk and Judge of the Superior Court to examine said itemized statement, and certify as to whether they approve or disapprove such bill of costs, and if disapproved in part, that part which does not have the approval of both the Judge and the Clerk shall not be paid by the county, and if disapproved in whole, none of said bill shall be paid. However, if said bill is approved in part, the part approved by both the judge and the Clerk, shall be paid, as hereinafter provided. Approval. Section 3. The approval of said bill of costs in whole or in part shall operate as an order to have same entered on

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the minutes of the Superior Court, and shall operate further as a warrant in the county treasurer, to be by said county treasurer or other proper county officer or officers in charge of the fiscal affairs of the county in which said Justices hold office, paid out of the General treasury, to the extent in which said bill is approved. Warrants. Section 4. In the event that either the Judge or Clerk of the Superior Court should fail or refuse to certify as to whether they approve or disapprove said bill of costs after presentation to them, then it shall be the duty of the ordinary to examine said bill and to pass upon its correctness, and if found to be correct in whole or in part by said ordinary, then the part so found to be correct shall be so certified by the ordinary and shall operate as a warrant on the county treasurer or other proper county official or officials in charge of the fiscal affairs of said county, and shall be by such official or officials paid to the extent in which it is found to be correct out of the general treasury of the County. Ordinary. Section 5. The provisions of this law shall only apply to criminal cases, wherein, a warrant or warrants have been issued and have resulted in an accusation or an indictment and a conviction has been had on same. Only in Criminal cases. Section 6. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 11, 1943. MORTGAGESEFFECT OF FILING FOR RECORD LIMITED No. 118. An Act to amend an Act approved March 31, 1937, appearing on pages 760 and 761, Georgia Laws of 1937, entitled An Act to limit to seven years the effect of filing for record any mortgage, bill of sale to secure debt, retention

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of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property; to provide for the renewal of such notice; to provide for the clerk's fee; and for other purposes, so as to exclude therefrom certain mortgages and other instruments relating to property owned by, or sold or leased to, or agreed to be sold or leased to, any railroad corporation or any receivers, trustees or other legal officers in possession of or operating any railroad; and for 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 limit to seven years the effect of filing for record any mortgage, bill of sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property; to provide for the renewal of such notice; to provide for the clerk's fee; and for other purposes, approved March 31, 1937, as the same appears in the Georgia Laws of 1937, pp. 760, 761, be amended by adding thereto a new section as follows: Ga. Laws 1937 pp. 760, 761 amended. Section 4a. This Act shall not apply to any mortgage, bill of sale to secure debt, retention of title contract, deed of trust, or other security instrument creating a lien on, retaining title to, or conveying an interest in property owned by, or sold or leased to, or agreed to be sold or leased to, any railroad corporation or any receivers, trustees, or other legal officers in possession of or operating any railroad. Not applicable to Railroads. Section 2. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 22, 1943.

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NEWSPAPERSOFFICIAL ORGANS STATUS PRESERVED. No. 113. An Act to preserve the eligibility of certain newspapers to be designated as official organs for the publication of legal advertisements when such newspapers have been forced to suspend publication because of the exigencies of war, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. When the publisher of any newspaper qualified to be designated as the official organ for the publication of official or legal advertisements in any county in this state shall be compelled to suspend the publication of such newspaper because of conditions created in whole or in part by the world war in which the United States of America became engaged on December 7, 1941, said publisher may preserve the qualifications of such newspaper to be designated as the official organ for the publication of official and legal advertisements for said county by filing with the Ordinary of said county, on or before the date of suspension of publication, an affidavit setting forth the reasons for such suspension. Provided, that publication of said newspaper is resumed by said publisher, his heirs or assigns, within six months after a formal declaration of peace. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 19, 1943.

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OYSTERS AND OYSTER BEDSREGULATED. No. 245. An Act to regulate and control the sanitation of oysters and oyster beds, planting and re-planting, growing, collection or gathering of oysters in the State of Georgia; the leasing and general control of oyster beds; the regulation of those places which may be leased or from which oysters may be gathered; the regulation of those engaged in any business having to do with oysters and the taxation of such business; to provide penalties for any violation of this Act, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That pursuant to that Act the General Assembly of Georgia approved February 1943, authorizing the State Game and Fish Commission and the Director thereto to fix open and closed seasons and to regulate the manner and method of taking, transporting, storing and using, among other products, shell fish or crustaceans, there are hereby fixed certain minimum regulations which the Director shall fix in the manner prescribed by said Act, but the minimum regulation set forth herein shall not be held to deprive said director of the power to promulgate further rules and regulations with reference to shell fish or crustaceans, provided that no rules or regulations promulgated by the State Game and Fish Commission or the Director thereof shall be held to modify, amend, change or affect the minimum regulations herein set forth. The minimum regulations which the Director shall promulgate by or before April 1, 1943, shall include the following: Minimum regulations. (a) That the Director under the Game and Fish Commission in fixing the area which is or may be leased to any person by such Director, the Game and Fish Commission or any private owner to any other person, firm or corporation

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for the purpose of planting, growing, gathering, marketing, or selling of oysters, shell fish or crustaceans shall require that the applicant for any such lease furnish to the Department of Public Health charged with the responsibilities of maintaining the health of the citizens of this State, a plat or survey of the lands proposed to be leased, but no such lease contract shall be entered into or become effective until such Department shall issue its certificate, that the particular area in question is not contaminated in any way and that the waters on or adjacent to such area are not polluted or do not contain any matter which would make the taking of oysters, shell fish or crustaceans, in any way dangerous to the life or health of persons sonsuming oysters, crustaceans, or shell fish removed therefrom. Any oysters, shell fish or crustaceans removed from an area concerning which such certificate has not previously been issued, shall be subject to confiscation and immediate destruction by any authority of the State Game and Fish Commission as menacing the public health. Such certificate may be revoked upon subsequent findings by the Health Department. Contaminated areas. Confiscation. (b) The Department of Public Health shall promulgate such sanitary rules and regulations meeting minimum requirements of the United States Public Health Service and based upon recommendations made by the Committee on Sanitary Control of the Shell fish Industry for interstate shipments, and for the purpose of interstate shipment the Department of Public Health shall certify to all requirements of the U. S. Public Health Service as may be required under approval for interstate shipments. Such rules and regulations shall apply to oyster beds, or areas, and to shucking houses, equipment, and sanitary handling, preparation and shipping. (Reference United States Public Health Service Minimum Requirements for Approval of Shellfish Control Measures and Certification for Shippers in Interstate Commerce). Interstate shipments.

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(c) No person, firm or corporation shall pick, tong, dredge or in any other manner take or catch oysters from any of the waters of this state from the first day of May to the thirty-first day of August, except for the purpose of replanting the same in the waters of this state, subject to the regulations prescribed by the State Game and Fish Commission. Closed season. (d) Every person, firm or corporation owning or operating a factory for the canning of oysters, or a raw oyster shucking Plant in this State, shall each year distribute upon the areas designated by the State Game and Fish Commission or its authority a quantity of oyster shells not exceeding 33 1/3% of the quantity required by such cannery or raw shucking plant during the preceding open season; which distribution or replanting shall be done under the direction or supervision of the State Game and Fish Commission or its authority within a radius of twenty miles from the factory or shucking plant distributing the same and before the first day of June. Any failure or refusal to comply with this regulation shall subject the cannery or shucking plant to revocation of its license by the State Game and Fish Commission. Replanting. (e) No oysters shall be taken from the public grounds of this State where the shells of such oysters measure less than three inches from hinge to mouth, except that oysters less than three inches from hinge to mouth may be removed if attached to an oyster of that minimum size and such oyster so attached cannot be removed without destroying such three-inch oyster. And it shall be unlawful for any person, firm or corporation engaged in shucking or canning oysters for market, to shuck, can, purchase, or have in possession any quantity of oysters containing more than 5% of oysters of prohibitive size as herein defined. Prohibitive size. (f) All managers or persons in charge of canning factories

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for the canning of oysters shall be required to keep a book in which shall be entered the name and address of each person from whom he shall purchase, oysters, whether in the shell or shucked, together with the date of purchase and the quantity purchased; such book to be of the size and description prescribed by the State Game and Fish Commission. Such persons shall also retain duplicates of all bills of lading, memorandum or receipts or other indications of shipment made by them on file for comparisons with such books, and shall make a written report to the State Game and Fish Commission not later than the fourth day of each calendar month setting forth in form satisfactory to the Commission a full statement of the operations of such canning factory or raw shucking plant as to quantity purchased, quantity sold and any other detailed information which may be required by the regulation of the State Game and Fish Commission. Record kept. (g) All premises, sheds, utensils, measure, tools and implements used on premises of canneries or shucking plants must be kept in a sanitary condition, and to that end the State Department of Public Health charged with the responsibilities of maintaining the health of the citizens of the State, shall, from time to time, prescribe such rules and regulations to this end as may be advisable, and any person, firm or corporation who shall violate such regulations on more than one occasion shall be subject to laws of license or to revocation of license by the said Commission. Sanitation. Section 2. Be it further enacted by the authority aforesaid that there is hereby imposed a tax on all oysters gathered from the waters of this State and shipped from any point within this State in the amount of five cents for each gallon of raw shucked oysters or in the equivalent thereof of oysters in the shell 6c for each 180 ounces on canned oysters, and such tax shall be paid by the person shipping such oysters. All oysters within the limits of this State,

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whether shucked or in the shell, shall be deemed prima facie gathered from the waters of this State unless there be attached to or affixed upon the container of such oysters evidence satisfactory to the State Game and Fish Commission as prescribed by any regulation made by it going to show that such oysters were gathered in some State other than the State of Georgia. The evidence of payment of the tax imposed herein shall be the affixing of cancelled tax stamps in the proper amount to any container of such oysters, which stamps shall be of a design and material as prescribed by the State Game and Fish Commission, and the sale of which stamps shall be under the direction and control of such Commission. The proceeds from the sale of such tax stamps by said Commission shall be remitted by it or its duly authorized officer or agent to the State Treasurer on the 15th day of each calendar month. Tax. Stamps. Section 3. Be it further enacted by the authority aforesaid that any person who shall violate any of the terms or provisions of this Act or any regulations promulgated hereunder shall be guilty of a misdemeanor and shall be punished as provided by law for the punishment of misdemeanors. Misdemeanor. 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 4, 1943. PARKS AND PUBLIC LANDSUSE FOR GROWING FOOD PRODUCTS. No. 458. An Act to provide that public officials having control of parks and other public property belonging to or under the control of the State or any County, municipal corporation

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or political subdivision of the State may during the existence of the present emergency declared by the president of the United States allocate to and permit the use of such parks or other public lands by any persons or groups of persons for the purpose of growing food products; to provide the terms and conditions upon which such lands may be so allocated and/or used and for other purposes: Be it enacted by the General Assembly of Georgia: Section 1. That, in order to encourage the production of food during the present emergency, every public official or officials having jurisdiction or control of any public parks or other lands belonging to the State of Georgia or any county or any municipal corporation or any political subdivision of the State shall be authorized, until such time as the President of the United States shall declare that the existing National Emergency is at an end, to allocate to and permit the use of part of any such land by any person or groups of persons selected by such public official or officials for the purpose of growing food products by such persons or groups of persons and upon such terms and conditions as such public official or officials may prescribe, with or without compensation; provided that any such right to occupy or use any such lands shall immediately cease and terminate when the President of the United States shall declare that the present National Emergency is at an end and provided further that no such allocation or permission shall convey any vested right to any person and any such allocation or permission may be revoked, modified or changed by such official or officials at any time in his or their discretion. Allocation of public parks. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1943.

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PECAN NUTSLICENSING OF DEALERS AND PROCESSORS. No. 354. An Act to regulate the buying or selling or delivery of pecan nuts and other similar nuts in amounts exceeding the market value of Five ($5.00) Dollars at one time; to provide for the licensing of dealers in, or processors of, such nuts, by the Ordinary of the county of the residence of said dealers or processors; to define dealers in, or processors of, such nuts; to provide for fees of the Ordinary for such licensing; to prohibit the buying, for the purpose of resale or the purpose of processing, and to prohibit the selling or processing of such nuts, by unlicensed dealers or processors by whom the same have been bought for reselling or processing; to provide that every dealer in, or processor of, such nuts, purchasing the same for resale or for the purpose of processing, shall keep a record of the name and address of the seller, and the number of pounds purchased, and the kinds purchased, and the date of the purchase; to provide that dealers in such nuts, and their agents and employees, can not buy or sell such nuts after sunset, or before sunrise; 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 the authority of the same: Section 1. Any person, firm or corporation engaged, or who hereafter engages, in buying or processing pecan nuts, bought for the purpose of resale or processing, or in selling such nuts of any kind bought for the purpose of resale or processing, is defined to be a dealer in such nuts within the meaning of this Act. Dealer defined.

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Section 1-A. Pecan nuts, within the meaning of this Act, shall be construed to include any and every kind and variety of pecan nuts. Section 2. Every dealer in, and processor of, such nuts shall, before engaging in such occupation, register with the Ordinary of the county of his residence, and obtain a license from such Ordinary, who shall require from such dealer or processor a written statement of his name, age, place of residence, and in the case of a corporation, a statement of the location of its principal office. Any dealer moving to another county shall be required to obtain a license in that county. The Ordinary shall be entitled to receive a fee of Fifty (.50) cents for issuing such license. License. Fee. Section 3. It shall be unlawful for any person, firm or corporation, from and after the passage of this Act, to buy any such nuts for the purpose of resale or the purpose of processing, or to sell such nuts theretofore bought for the purpose of resale, or for the purpose of processing, in amounts exceeding the market value of Five ($5.00) Dollars at any one time, without first having registered and obtained a license as herein provided. Any person, firm or corporation, guilty of a violation of this Act, shall be guilty of a misdemeanor and shall be punished as provided in the Code for the punishment of misdemeanors. Penalty. Section 4. Any dealer in such nuts, as defined in this Act, purchasing any such nuts for resale, or for the purpose of processing same, in an amount exceeding the market value of Five ($5.00) Dollars at one time, shall, at the time of purchase, make a record of the name and address of the seller, and the date of the purchase, and the amount of the nuts so purchased, and kinds purchased, and where purchased, which records shall be kept available to public authorities for at least twelve (12) months after date of the purchase. Record.

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Section 5. It shall be unlawful for any such dealer, his agent, or employee, to buy or sell such nuts at any time after sunset or before sunrise. Section 6. All licenses provded for herein shall expire on the first day of June of each year, but may be renewed from year to year pursuant unto the terms of this Act. Expiration of license. Section 7. Any person who has been found guilty of the larceny of any such nuts, or of receiving any such nuts knowing the same to have been stolen, shall, after judgment therefor has become final, be ineligible to receive another license, and any license theretofore issued to him, or thereafter issued to him, shall be absolutely void, and if such person shall thereafter buy or receive delivery of any such nuts for the purpose of resale or processing, or sell any such nuts theretofore bought for the purpose of resale or processing, he shall be guilty of a violation of this Act and punished as such. Larceny. Penalty. Section 8. Any license fees authorized by this Act shall be in addition to the other license charges now or hereafter provided by the law for the state, or any county, or city, or town thereof. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1943. PENSIONS FOR CITY EMPLOYEES. No. 390. An Act to amend an Act to provide that cities having a population of more than 150,000 by the United States Census of 1920 or subsequent census shall furnish pensions to all officers and employees of such cities who have

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served for 25 years now in active service, whose names are on the payroll of the city, and to future members as specified, being that same Act referred to in Acts of 1927, pages 265-266, and as amended in Acts of 1935, pages 445-446, and as amended in Acts of 1941, pages 468-470 and Acts of 1941, pages 468-472; and to provide for the payment of pensions to persons who were employees of the cities in question and who became employees of another department as the result of a consolidation by operation of law; and to provide for the conditions to be required of said employees of said consolidated departments in order to retain the benefits provided by said pension funds; and to authorize withdrawals with penalties under certain conditions; to provide that all officers and employees in cities having a population of not less than 150,000 inhabitants by the United States Census of 1920, or any future census, which operate under pension laws and civil service laws of any kind for any of the departments, shall receive credit under such pension and civil service laws for time spent in service in the armed forces 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, as follows: Section 1. That the Acts of 1927, Pages 265-266, and the Acts of 1929, Pages 312-313, and the Acts of 1935, Pages 444-415; the Acts of 1929, Pages 456-457 * * (The Acts of 1939, p. 352 was probably intended.Compiler.) , and the Acts of 1941, Pages 468-472, providing for a pension fund and for the payment of pensions to officers and employees of cities having a population of more than 150,000 by the

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United States census of 1920, or by a subsequent census, are amended as hereinafter provided. Acts 1927 265-266, and amendatory Acts, amended. Section 2. In the event of the consolidation of any department of the cities in question by operation of law with the department of some other corporation or political subdivision, and in the event such department continues to provide a service for the benefit of persons living within said cities, and in the event the cities in question contribute to the support of the same, then any employee of said consolidated department or departments who is contributing to a pension fund of said cities and has been eligible to receive the benefits provided for in the foregoing enactments of the General Assembly of the Statae of Georgia, or any of them, shall continue to be eligible upon the voluntary payment of amounts provided by law to be paid or deducted from the compensation of the employee of said cities. Consolidation of departments. Section 3. Said voluntary contributions must be made in the same amounts and at the same time in which deductions are made from the compensation or payments made by employees of the cities. Section 4. In the event of the continuance of the payments of said amounts, said employees of said consolidated departments shall be entitled to all benefits which said employees would have enjoyed had they remained employees of said city, and shall receive full credit for all years in act of service with either said city or said consolidated department or departments; and shall, among other things, be provided, if having performed the requisite number of years of active service, a pension upon retirement, or a retirement pension to employee's surviving widow, total and permanent disability, payments to beneficiaries, refund upon leaving the service of said consolidated department or departments, and shall continue to benefit from the appropriations provided by said city for the pension fund or funds; and shall

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be entitled to refund in the event said employee leaves the service of said consolidated department. Benefits. Section 5. If said employee desires to transfer his or her pension deposits to some other pension fund to which he may become eligible because of said consolidation or merger, he or she shall not be penalized as he or she would be penalized in the event of a withdrawal of the amounts deposited, but may transfer to such other pension fund the full amount of any sums paid into the pension fund of said city or cities. Transfer. Section 6. All officers and employees of cities and of departments in cities in this state, having a population of not less than 150,000 inhabitants who have been or shall be, inducted into the armed forces of the United States, either voluntarily, or involuntarily, under the Selective Service and Training Act or otherwise, and being such persons as come within the provisions of the Soldiers and Sailors Relief Act of Congress, shall be entitled to receive under all pension acts and civil service acts, credit for their time of service in the armed forces of the United States, which time of service shall, for the purposes of such pension and civil service acts, be considered as service to such cities, on the following terms and conditions: Population. Service in Armed Forces. (a) Such officer or employee must have been or must be, on the payrolls of such city or a department thereof, in good standing at the time of such induction. (b) He shall not voluntarily extend his term of service beyond the termination of the present conflict. (c) He shall return to service in such city promptly upon his discharge from the armed forces. (d) Any such person receiving a dishonorable discharge from such armed forces shall not be entitled to the benefits of this Act.

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(e) The amount of his payments for such pension shall not become in arrears more than ninety (90) days. If, during his service to the Federal Government such payments become in arrears 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. Arrears. Section 7. This Act shall not be construed to repeal an Act approved the 23rd day of February, 1943, relating to members of Fire Departments in certain cities and giving the same benefits herein contained. Act Feb. 23, 1913, not repealed. Section 8. That all Acts and parts of Act in conflict with this Act are hereby repealed. Approved March 19, 1943. PENSIONS FOR COUNTY EMPLOYEESREPEALING ACT. No. 77. An Act to abolish an Act approved March 30, 1937 (Acts 1937, page 738 et. seq.), entitled: An Act to provide that Counties having therein a city with a population of not less than sixty thousand three hundred and forty-two, and not more than eighty thousand, according to the United States census of 1930, shall provide a permanent pension fund for present and future employees, except as to the county attorney, not elected by the people, out of which shall be paid total permanent disability pensions, and retirement pensions and to provide how said pensions shall be paid in the event there is not sufficient money in the permanent pension fund with which to pay said pensions; to define total permanent disability pensions,

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

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as compensation for services rendered, or to be rendered in connection herewith, one-third of one per cent. of the funds in his hands belonging to said permanent pension fund; to provide for compensation for the County Treasurer or Custodian of such permanent pension fund; to provide for final report of such County Treasurer or Custodian of such permanent pension fund; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act of the General Assembly, approved March 30, 1937 (Acts 1937, page 738 et. seq.), whose caption is set forth in the caption hereof, be and the same is hereby repealed. Acts 1937 p 738 et seq. repealed. Section 2. Be it further enacted by the authority aforesaid, that the Treasurer of any County coming within the provisions of said Act shall deduct and retain, if he has not already done so, one-third of one per cent. of all permanent pension funds in his hands under and by virtue of said Act as compensation for services rendered, or to be rendered, in connection therewith. ompensation. Section 3. Be it further enacted by the authority aforesaid, that the County Treasurer or Custodian of said permanent pension fund in any County wherein said Act is operative shall return the remainder of said pension fund in his custody or control to the employees of said County in proportion to the amount contributed thereby by each employee. In the case of the death or incapacity of a former employee, who contributed to said fund, said Treasurer or Custodian of said permanent pension fund may pay the interest of said deceased or incapacitated employees to the guardian, administrator or executor if one, or if not, to the heirs at law of such deceased employee, or to the Ordinary of the county for any person laboring under a legal disability

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to receive the same; it appearing that no person has any vested right in said permanent pension fund for a pension, in that no one is qualified for a pension thereunder. Refund. Section 4. Be it further enacted by authority aforesaid, that such County Treasurer or Custodian of said permanent pension fund shall file his final report of the disposition of said fund with the Judge of the Superior Court of said County affected, and secure the approval of said Judge of the disbursements so made, all of which shall be filed in the office of the Clerk of Superior Court of said County for public inspection. Section 5. Be it further enacted by authority aforesaid, that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 16, 1943. PENSIONS FOR TEACHERS AND SCHOOL EMPLOYEES. No. 388. An Act to amend an Act approved August 20, 1927, appearing in the published Acts of 1927 on pages 265 to 268, inclusive, 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 employees, etc., and for other purposes, and Acts amendatory thereof, particularly Act approved March 27, 1941, appearing in the published Acts of 1941, pages 468 to 475, inclusive, and entitled An Act to amend an Act approved August 20, 1927, etc., so as to provide that such Acts shall apply to school teachers or employees of schools taken over by any city operating under said pension system upon payment

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of percentages of former salary into such fund, and obtaining credit under such pension plan for previous terms of employment, 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 that the Act approved August 20, 1927, appearing in the published Acts of 1927 on pages 265 to 268, inclusive, same being an Act to provide for cities of population of more than 150,000, shall furnish pensions to officers and employees, etc., being more fully described in the title hereto, and a certain Act amendatory thereof approved March 27, 1941, appearing in the published Acts of 1941 on pages 468 to 475, inclusive, and more fully described in the title hereto, be and the same are hereby amended by adding after Section 4 of said Act of 1941 (see Acts of 1941, page 474) the following language, to-wit: Acts 1927 pp. 265-268. Acts 1941 pp. 468-475 amended. Section 1. The law shall be held to apply to any school teacher or employee of any school which, while being operated by some other school system is taken over by any city which is operating under a pension system created by authority of this Act, from and after the time such person shall be employed by the proper school authorities of such city, and such employees shall thereupon comply with the provisions of this section as to paying percentages of former salary into such pension fund, payable over a period of fifty (50) months as aforesaid. Said percentages shall be computed upon salary received by each of such employees from such previous school authorities for the entire period of time for which he was employed by the same, and his credit for length of service in the pension plan created by this Act shall include the total period of time by which he was employed by such previous school authorities. Apply to school teachers or employee.

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Section 2. That all laws and parts of laws in conflict herewith are expressly repealed. Approved March 19, 1943. PENSIONS FOR FIREMEN IN CERTAIN CITIESAMENDING ACT. No. 214. An Act to amend an Act approved August 13, 1924, published in Acts of 1924 on Pages 167 and 173, inclusive, and all laws amendatory thereto, entitled: An Act to provide that cities having a population of more than one hundred and fifty thousand (150,000) by the United States census of 1920 or any subsequent census shall furnish aid, relief, and pensions to members of paid fire departments now in active service, and whose names are on the payroll of such department and to future members, and their dependents in specified cases. To provide how such members who have served twenty-five years may be retired for life on half pay. To provide how such members shall be paid in cases of total disability resulting from such service, and how such total disability may be determined. To provide for relief in case of sickness or accident resulting from such service. To provide for the relief of dependents and to provide for widows and children of deceased pensioners to be paid in case of death of any such member resulting from said services. To provide that such cities shall levy tax of one (1%) per centum on the salaries of such members in active service on payroll and to future members to raise in part the funds to pay such aids, reliefs and pensions, collectible monthly. To provide that such cities shall use onefifth (1/5) of the tax collected on fire and lightning insurance companies or associations from the premiums

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

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subject to attachment, garnishment, judgment nor shall they be assignable; but shall be paid in cash to the beneficiary if so required by him or her. To provide that if any part of this Act shall be held unconstitutional, the remainder of this Act shall remain in force taken in connection with existing laws. To provide that this Act shall not affect nor be affected by any workmen's compensation Act or other similar laws. To repeal conflicting laws; and for other purposes, so as to provide that when any member of such fire department has been, or is hereafter, inducted into the armed forces of the United States, whether voluntarily, or involuntarily, that the time served in the armed force under certain conditions shall be considered time served under the terms of this Act, so as to entitle the members thereof to the benefits provided by said Act; to define the conditions under which such members shall be entitled to such credit; to provide the amount of pensions to be paid to the widows and minor children of such members of such departments in the event of death or disability from service in the armed forces 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; that a certain Act approved August 13, 1924, published in Georgia Laws 1924, pages 167 to 173, both inclusive, entitled An Act to provide that cities having a population of more than 150,000 by the United States Census for 1920 or any subsequent census, shall furnish aid, relief and pensions to members of said fire departments now in active service, etc., and for other purposes, and all acts amendatory thereof be and the same are hereby amended by adding the following sections to said Act as amended: Act of 1924 amended. Section 1. The terms of this amendment to said Act shall apply to any member of any fire department or any such city who has been or shall be inducted into the armed forces

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of the United States, either voluntarily or involuntarily, or under the Selective Service and Training Act, or otherwise, on the following terms and conditions: (a) Such member must have been or must be on the payrolls of such department and in good standing at the time of such induction; (b) He shall not voluntarily extend his term of service beyond the termination of the present conflict; (c) He shall return to service in such fire department promptly upon his honorable discharge from the armed forces; (d) Dishonorable discharge from such armed forces shall terminate all rights under said Act as amended, whether said rights arise under this amendment or any other part of said Act as amended. Conditions. Section 2. Service in the armed forces of the United States shall, for the purpose of this Act, as amended, be considered service to such City. Section 3. All laws and parts of laws in conflict are hereby repealed. Approved March 3, 1943. PHOTOGRAPHIC RECORDING BY ORDINARY IN CERTAIN COUNTIES. No. 385. An Act to authorize the ordinary in counties of this State having a population of two hundred thousand or more by the United States census of 1940, or any future United States census, to install and use photostatic equipment or other photographic equipment for the purpose of recording any papers or documents authorized or required to be recorded in his office or the minutes of his court; to provide that such equipment may be furnished by the proper county authorities; to require the filing and preservation of the films or negatives produced as a result of

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said photostatic or photographic method of recording; 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 in all counties of this State having a population of two hundred thousand (200,000) or more by the United States Census of 1940 or any future United States Census, the Ordinary, or any other authority performing the functions now required to be performed by the Ordinary or by the Court of Ordinary in such counties, shall be authorized to install and to use photostatic equipment or other photographic equipment for the purpose of recording any documents authorized or required to be recorded in the office of said Ordinary or of the Court of Ordinary of said Counties, or for the purpose of recording and preserving the minutes of said Court. Said equipment may be installed and used in the office of the Ordinary or of the Court of Ordinary of such counties for the same purposes and in lieu of the present commonly used method of printing, typing and handwriting said documents, records and minutes. Population. Section 2. Be it further enacted by the authority aforesaid, that if and when said equipment is installed and used in said counties, for purposes authorized by Section 1 of this Act, provision shall be made for the proper, orderly filing in a book, or receptacle for that purpose, of the pictures or photostatic or other photographic results of the instruments in this Act mentioned; or for the proper and orderly filing in a receptacle provided for that purpose of the films or negatives produced as a result of said photostatic or photographic method of recording. Photographic recording. Section 3. Be it further enacted by the authority aforesaid, that the authority given by this Act for the installation and use for said purposes of photostatic or photographic equipment is permissive only. Permission only.

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Section 4. Be it further enacted by the authority aforesaid, that records of any kind kept by the Ordinary or by the Court of Ordinary of said counties, made by either a photostatic or photographic process, shall be valid and effective for all purposes, and said records or copies thereof used in the same manner and to the same extent as records kept by any former method of printing, typing or handwriting the same. Provided, however, that in all cases carried to the Supreme Court of Georgia or to the Court of Appeals of Georgia, the rules of these Courts for the preparation of transcripts of records shall be complied with. Valid. Proviso. 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 19, 1943. PRIMARY ELECTIONSCANDIDATES FOR GENERAL ASSEMBLY. No. 69. An Act to require all candidates for the General Assembly in counties having a population between 28,398 and 28,420 to designate and qualify for the seats in the General Assembly from all such counties and to name their incumbent opponents; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that: Section 1. From and after the passage of this Act, each and every candidate for the General Assembly of the State of Georgia residing in counties having a population of not less than 28,398 and not more than 28,420 according to the last official census of the United States, shall designate with

Page 566

his local Democratic Committee in all primary elections, and qualify, for a specific seat in the General Assembly, by naming the incumbent candidate he desires to oppose; and, thereupon, he shall be qualified, if otherwise qualified, to oppose such incumbent candidate and none other. Population. Incumbent opponent. Section 2. Be it further enacted, that in the event any such incumbent shall die or decline to offer again for such office, then and in that event, such candidate shall qualify for such office by announcing with said local committee his intention to run for the office formerly held by said incumbent, naming him. 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 16, 1943. PRISON COMMISSIONYOUTHFUL CONVICTS. No. 171. An Act to amend an Act approved March 3, 1937 (Ga. Laws 1937, page 758) authorizing the Prison Commission to control and direct the place of service of sentences of convicts; to provide for criminal history of convicts; to provide for camps for youthful criminals and for criminal segregation; and for other purposes, by striking Section 3 of said Act relating to youth training and substituting a new Section 3 relating to youth training and the transfer and re-transfer of youthful convicts; by striking from said Act Section 5 relating to the sentence of convicts eighteen years or under and substituting a new Section 5 granting the trial judge jurisdiction to commit convicts between sixteen and eighteen years of age to the Georgia State Training School for Boys and authorizing the governing authorities of the Georgia State Training

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School for Boys to re-transfer such convicts, under certain conditions, to the Prison Commission to be assigned by said Commission to a penal institution to serve a specified minimum and maximum sentence fixed by the presiding judge for the crime for which he was convicted; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 3 of that Act approved March 3, 1937 (Ga. Laws 1937, page 758 at page 759) be and the same is hereby stricken and a new Section 3 in lieu thereof is hereby substituted to read as follows: Sec. 3, Act of 1937 stricken. New section. The Prison Commission be and is hereby authorized to provide such training and provide such camps as may be deemed best for the proper training and rehabilitation of youthful convicts between the ages of 16 and 21 years, and to segregate such convicts from contact with confirmed criminals. The Prison Commission may transfer any prisoner under 18 years of age from the penal institution in which he is now serving to the Georgia State Training School for Boys to serve as if he had been regularly committed to said institution by the courts of this State; provided, however, the Governing Authorities of the Georgia State Training School for Boys shall concur in the suitability of such person as potential trainee before the Prison Commission shall have power and authority to transfer any prisoner under 18 years of age. If any person transferred to the Georgia State Training School for Boys, who, in the discretion of the Governing Authorities of the Georgia State Training School for Boys, proves to be uncontrollable through ordinary means of discipline in effect at the Georgia State Training School for Boys or for other reasons should be unsuited to be dealt with by the Georgia State Training School for Boys said Georgia State Training School for Boys shall have authority to return such person to the

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Prison Commission to serve the original terms of his sentence in Tattnall Prison at which institution he shall be segregated from confirmed criminals. Youth training. Section 2. That Section 5 of the Act approved March 3, 1937, be and the same is hereby stricken from said Act and a new Section 5 substituted in lieu thereof, to read as follows: Sec. 5 stricken. All male persons between 16 and 18 years of age, who have been duly convicted in any of the courts of this State of crimes not punishable by death or imprisonment for life, may, in the discretion of the judge having jurisdiction, be committed to the Georgia State Training School for Boys, with a provision in said sentence providing that should the person being committed, in the discretion of the governing authorities of the Georgia State Training School for Boys, prove to be uncontrollable through ordinary means of discipline or who, by reason of his conduct or attitude, should be unsuited to benefit from the opportunities at the Georgia State Training School for Boys may be retransferred by the governing authorities of the Georgia State Training School for Boys to the State Prison at Tattnall at which institution he shall be segregated from confirmed criminals there. New section. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 24, 1943. PROSTITUTES AND PROSTITUTION. No. 411. An Act to penalize any person who shall receive another into any house, place, building, tourist camp or other structure, or conveyance for the purpose of prostitution,

Page 569

or assignation, or who shall knowingly own, lease, or rent any such place, premise, or conveyance for said purpose; who shall engage in prostitution or who shall remain in or enter any house, place, building, tourist camp or other structure, or conveyance for said purpose; who shall cause or persuade any female to become a prostitute or to come into or leave this State for purpose of prostitution, or who shall receive or give any money or thing of value to procure a female to become a prostitute, or who shall knowingly accept or appropriate any money or thing of value without consideration from a prostitute, and who shall violate this Act; and to make such leases void, to define the terms, tourist camp, prostitution, and assignation to admit in evidence in support of a charge under this Act the reputation of any such place, or premise, and of any person who resides or frequents same and of defendant, and for 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 any person who shall receive or offer or agree to receive another into any house, place, building, tourist camp, or other structure, or vehicle, trailer, or other conveyance for the purpose of prostitution or assignation, or to permit any person to remain there for such purpose; or who shall knowingly own any place, house, tourist camp, other structure, or part thereof, or trailer or other conveyance used for the purpose of prostitution or assignation, or who shall let, sublet, or rent any such place, premises, or conveynace to another with knowledge or good reason to know of the intention of the leasee or rentee to use such place, premises, or conveyance for prostitution, or who shall engage in prostitution or assignation; or who shall reside in, enter, or remain in any house, place, building, tourist camp, or other structure, or enter or remain in any vehicle, trailer,

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or other conveyance for the purpose of prostitution or assignation; or who shall aid, abet, or participate in the doing of any of the acts herein prohibited, shall, upon conviction for the first offense and/or second offense under this Act, be punished as for a misdemeanor and upon conviction for any subsequent offense under this Act shall be punished as for a felony and by imprisonment for not less than one year nor more than three years. Acts prohibited. Punishment for violation. Section 2. That any person who shall cause, induce, persuade, encourage, or procure by promise, threat, violence, or by any scheme or device, a female to become a prostitute or to become or remain an inmate of a house of prostitution; or who shall induce, persuade, or encourage a female to come into or leave this State for the purpose of prostitution, or to become an inmate in a house of prostitution; or who shall receive or give, or agree to receive or give any money or thing of value for procuring, or attempting to procure any female to become a prostitute or an inmate for a house of prostitution; or who shall knowingly accept, receive, levy, or appropriate any money or other thing of value without consideration from a prostitute or from the proceeds of any woman engaged in prostitution; or who shall aid, abet, or participate in the doing of any acts herein prohibited, shall, upon conviction for the first offense under this Act, be punished as for a misdemeanor and upon conviction for any subsequent offense under this Act shall be punished as for a felony by imprisonment in the penitentiary for a period of not less than one year nor more than three years. Acts prohibited. Punishment for violation. Section 3. That all leases and agreements, for letting, subletting, or renting any house, place, building, tourist camp, or other structure, for the purpose of prostitution or assignation, shall be void. The term tourist camp shall be construed to include any temporary or permanent building, tents, cabins, or structures, or trailers, or other vehicles

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which are maintained, offered, or used for dwelling or sleeping quarters for pay. The term prostitution as used in this Act shall be construed to include the offering or giving of the body for sexual intercourse, sex perversion, obscenity and/or lewdness for hire. That the term assignation shall be construed to include the making of any appointment or engagement for prostitution or any act in furtherance of such appointment or engagement. Terms defined. Section 4. That in the trial of any person, charged with a violation of any of the provisions of this Act, testimony concerning the reputation or character of any house, place, building, tourist camp, or other structure, and of the person or persons who reside in or frequent same, and of the defendant or defendants, shall be admissible in evidence in support of a charge under this Act. Reputation as evidence. Section 5. That the declaration by the courts of any provision of this Act as in violation of the Constitution shall not invalidate remaining provisions thereof. Invalid parts. Section 6. That all laws or parts of law, inconsistent with the provisions of this Act be and the same are hereby repealed. Approved March 20, 1943. PUBLIC SAFETY DEPARTMENTSHERIFFS' FEES. No. 119. An Act to amend an Act entitled An Act to create a Department of Public Safety for Georgia, etc. (Ga. Laws 1937, pages 322 et. seq.) and all Acts amendatory thereof by providing certain fees for the sheriffs of the several counties of this State; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. That the Act of the General Assembly entitled An Act to create a Department of Public Safety for Georgia, etc. approved March, 1937, (Ga. Laws 1937, pages 322 et. seq.) and all Acts amendatory thereof, be and the same is hereby amended by adding thereto a new Section to read as follows, to-wit: Act of 1937 amended. The sheriffs of the several counties of this State be, and the same are hereby declared to be entitled to an arresting fee, as now provided by law, in all cases in which the sheriff or his lawful deputy arrests, assists in arresting or takes custody of any person charged with crime who has been apprehended by the State Patrol and delivered to the sheriff or his lawful deputy. All such arresting fees heretofore paid to the sheriffs of the several counties of this State are hereby and herewith validated and effectuated, and the sheriffs of the several counties of this State be, and the same are hereby, declared to be entitled to fees for services herein enumerated which have been rendered since the passage of the Act creating the Department of Public Safety for Georgia. If the sheriff be upon a salary the fee shall be paid into the County Treasury. New section. Arresting fees validated. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 19, 1943. REAL ESTATE BROKERSAMENDING ACT. No. 121. An Act to amend an Act approved August 14th, 1925, as amended by an Act approved August 14th, 1931, (Acts 1931, page 231), entitled an Act to define, regulate, and license real-estate brokers and real-estate salesmen in counties having a population of 50,000 or more, according

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to the United States census of 1920 or any future census; to create a State Real-Estate Commission; to define its duties and powers; to provide for the appointment of the same; to establish rules and regulations governing said commission; to establish a standard of efficiency and moral qualifications of applicants for licenses for realestate brokers and real-estate salesmen; to provide for State license fees; to provide for the disposal of funds arising from said fees; to fix the compensation of commissioners and assistants, etc.; to prescribe grounds for issuing, revoking, and renewing licenses, and authorizing a hearing by the commissioner for such purpose; to authorize the commission to summons witnesses, to administer oaths, and take testimony at such hearing; to provide a penalty for operating without a license; to provide for the invalidity of any section of this Act; and for other purposes, by striking out in Section 1 of said Act, as amended, the words and figures fifty thousand wherever they occur, and inserting in lieu thereof the words Seventy-five thousand. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That an Act of the General Assembly of the State of Georgia, approved August 14th, 1925, and amended by Act of the General Assembly approved August 14, 1931, (Acts 1931, page 231), entitled An Act to define, regulate, and license real-estate brokers and real-estate salesmen in counties having a population of 50,000 or more according to the United States census of 1920 or any future census; to create a Real-Estate Commission; to define its duties and powers; to provide for the appointment of the same; to establish rules and regulations governing said commission; to establish a standard of efficiency and moral qualification of applicants for licenses for real-estate brokers and real-estate salesmen; to provide for State license fees

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to provide for the disposal of funds arising from said fees; to fix the compensation of commissioners and assistants, etc.; to prescribe grounds for issuing, revoking, and renewing licenses, and authorizing a hearing by the commissioner for such purpose; to authorize the commission to summons witnesses, to administer oaths and take testimony at such hearing; to provide a penalty for operating without a license; to provide for the invalidity of any section of this Act, and for other purposes, be and the same is hereby amended by striking out of Section 1 of said Act, as amended, the words and figures fifty thousand wherever the same occurs in said section, and inserting in lieu thereof the words and figures Seventy-five thousand, so that said section of said Act, as amended Act, shall read as follows: Acts of 1925 and 1931 amended. [Illegible Text] stricken. Words added. Section 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 first day of January, 1926, it shall be unlawful for any person, firm, partnership association, copartnership, or corporation, whether operating under an assumed name or otherwise, to engage in the business or capacity either directly or indirectly of a real-estate broker or real-estate salesman within any county in this State having a population of seventy-five thousand (75,000), or more, according to the United States Census of 1920 or any future census, without first obtaining a license under the provisions of this Act. Licenses shall be granted only to persons who are trustworthy and bear a good reputation for honesty and fair dealing, and are competent to transact business of real-estate broker, or real-estate salesman, in such manner as to safeguard the interest of the public, and only after satisfactory proof thereof has been presented to the Georgia Real-Estate Commission. Sec. 1 as amended. Section 2. Be it further enacted by the authority aforesaid,

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that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 22, 1943. RECORD LIMIT OF MORTGAGES, ETC.ACT 1937 AMENDED. No. 405. An Act to amend an Act entitled An Act to limit to seven years the effect of filing for record any mortgage, bill of sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property; to provide for the renewal of such notice; to provide for the clerk's fee; and for other purposes, approved March 31, 1937, and found in Georgia Laws 1937, pages 760-61, by providing that where the mortgage, bill of sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in personal property, is made to, held, or owned by a Trustee or other representative to secure obligations of the maker, that the affidavit to be made by the owner or holder to extend the period of the effective record of such instrument may be made by such Trustee or representative, and for 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 limit to seven years the effect of filing for record any mortgage, bill of sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property; to provide for the renewal of such notice; to provide for the clerk's fee; and for other purposes be, and the same is

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hereby amended by adding at the end of Section 2 thereof, the following language: Act of 1937 amended. Where such instrument is made to, held, or owned by a Trustee or other representative to secure bonds, notes, or other obligations of the maker of such instrument, the affidavit provided for in this Section may be made and filed by such Trustee or representative, Addition. so that, when amended, said Section 2 of said Act shall read as follows: Section 2. The effect as to third persons of the filing of any such instrument for record, may, in all respects, including the preservation of priority thereof, be extended for successive additional periods, each not exceeding five years from the date of the filing in the office of the clerk of the Superior Court, wherein any such instrument is recorded, upon the filing by the owner or holder thereof, of an affidavit identifying such instrument, stating his interest and the nature and amount unpaid on the obligation still secured thereby. Where such instrument is made to, held, or owned by a Trustee or other representative to secure bonds, notes, or other obligations of the maker of such instrument, the affidavit provided for in this Section may be made and filed by such trustee or representative. Sec. 2 as amended. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are, hereby repealed. Approved March 20, 1943.

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RECORDING CERTIFIED COPY OF RECORDED INSTRUMENTS. No. 408. An Act to authorize, and provide the effect of, recording certified copies of recorded instruments and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that: Section 1. A copy from the registry of any instrument, conveying or affecting land in any county of this State and recorded in the office of the Clerk of the Superior Court of such county, if duly certified by such Clerk, may be filed for record and recorded in the office of the Clerk of the Superior Court of any other county where some of the land conveyed or affected by such instrument lies, in the same manner and with the same force and effect for all purposes as if such certified copy were the original instrument; Provided, an affidavit is attached to such certified copy and recorded with it, in which the affiant says that he owns an interest in property affected by such instrument, that the original instrument has been lost or destroyed and that he verily believes that the original instrument was genuine. Record. Proviso. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 20, 1943.

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REGISTRATION INDEX CARDS AND PRECINCT FILES. No. 422. An Act to amend an Act entitled 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 States 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; so as to require the registration cards in the voters' book in such counties to contain and disclose information regarding naturalization data; so as to change the method of filing registration cards in the precinct files; so as to change the date upon which the registrar shall lock the precinct files and the date and place for delivery of precinct files to election officials; 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

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the same, that the above entitled Act be, and the same is, hereby amended in the following particulars: Act amended. Section 7 is amended by adding to the sub-paragraphs therein contained a new sub-paragraph to be designated as sub-paragraph (i) which shall read as follows: (i) Spaces in which to record naturalization data, so that said Section 7 as amended shall read as follows: Sec. 7 amended. 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: Sec. 7 as amended. (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. (i) Spaces in which to record naturalization data. Section 2. Section 8 of the above entitled Act is amended by striking and eliminating the second sentence of said Section and by substituting in lieu thereof the following sentence, to-wit: Where street numbers do not exist or do

Page 580

not identify residences, then within each such road or street, such cards shall be arranged in alphabetical order, so that said section as amended shall read as follows: Sec. 8 amended. Section 8. Of the two cards signed by each registrant, one shall be filed in a binder or other portable receptable, know3n as the `precinct filed,' as 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 do not esixt or do not identify residences, then within each such road or street, such cards shall be arranged in alphabetical 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. Sec. 8 as amended. Section 3. Section 9 of the above entitled Act is amended by striking and eliminating the proviso in the first sentence of said Section following the semicolon in the second line of said section, and by substituting in lieu thereof the following proviso, to-wit: Provided, however, that the registrar on the day preceding the election shall lock the precinct files so that the cards therein can be examined, but no card removed or added and shall thereupon deliver the locked precinct files at the Registrar's office to the election officials of the respective wards and districts, so that said section as amended shall read as follows: Sec. 9 amended. Section 9. The master file and the precinct file shall at all times remain in the custody of the registrar; provided, however, that the registrar on the day preceding the election shall lock the precinct files so that the cards therein can be examined, but no card removed or added

Page 581

and shall thereupon deliver the locked precinct files at the Registrar's office to the election officials of the respective wards and districts. Said file shall remain locked throughout the time the polls remain open and the registrar shall immediately repossess said files after the polls close. Sec. 9 as amended. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 20, 1943. REGISTRATION OF VOTERSADDITIONAL REGULATIONS. No. 433. An Act to provide additional regulations for the registration of voters in all counties having population of not less than 12,800 and not more than 12,900, according to the United States Census of 1940 and any future United States Census, to provide for new registration books and to require all persons in each county to re-register on or before January 1, 1944, to require the registrars of said county to make up future voters list from new registration books as herein provided for, to require the Tax Collector, Tax Commissioner, the Chairman of the Board of Registrars, or Tax Commissioner, Tax Collector and registrars jointly, to publish in the official county paper where legal advertisements are run and in other papers of county where they deem proper calling attention to all voters of the provisions of this Act and of the necessity of re-registering so as to be qualified voters, to provide for the payment of the cost of registration books and notices to be published; and for other purposes. Be it enacted by the General Assembly of Georgia and

Page 582

it is hereby enacted by authority of the same: Section 1. That this Act shall be applicable to all counties of the State having a population of not less than 12,800, nor more than 12,900, according to the United States Census of 1940 or any future United States Census. Population. Section 2. That after the passage and approval of this Act it shall be the duty of the tax collector, or the tax commissioner, or the Chairman of the Board of Registration, or such officers jointly to publish in the county paper where legal advertisements are run and in other county papers within their discretion notices calling attention to the people of such counties the provisions of this Act and telling all voters that it will be necessary to re-register on or before January 1, 1944, in order to be qualified registered voters. Publication of notices. Section 3. In each of the counties in this State within the class defined in Section 1 of this Act, the county authorities shall purchase and furnish to the tax collector and tax commissioner a new registration book. Said book shall set forth the affidavit to the made by registrants which shall be in the form as provided for in Section 34-103 of the Code of Georgia of 1933. This registration book shall be designated the new registration book and all future voters list shall be made up from this book by the county registrars in the manner now provided by law. New registration book. Section 4. That no person in any of the counties in this State within the class defined in Section 1 of this Act shall be deemed to be a registered voter unless and until such voters have re-registered and taken the oath in said new registration book and it shall be unlawful for the registrars to put any name on the voters list who have not re-registered in the new book as herein provided for. Re-registration. Section 5. That all persons registering in said book shall give their name, date of birth, race, occupation and in additional all married women shall give their given names and

Page 583

their maiden name as well as the name of their husband. Each voter shall likewise give the name of his district or place where he intends to vote in said county, and should the voter thereafter move from such district it shall be the duty of the voter to notify the tax collector or tax commissioner of his removal and he shall at the same time designate his new voting place. Information required. Section 6. That all expenses of a new registration book and for the notices herein provided shall be borne by the county and the county authorities shall issue their voucher therefor paying same out of the county funds. Expense. Section 7. That all laws and parts of law in conflict with this Act be and the same are hereby repealed. Approved March 20, 1943. SHELLFISH AND OYSTER BEDSSANITARY CONDITIONS. No. 32. An Act to regulate the sanitary conditions of shellfish in Georgia and to provide for inspection of oyster beds; to prohibit the taking of oysters from contaminated waters, and to regulate the sale, distribution, and handling of same; and to provide that the authority to enforce the provisions of said Act shall be in the Department of Public Health, under the management and control of the Board of Health of the State of Georgia. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that it shall be the duty of the Department of Health of the State of Georgia to inspect, or cause to be inspected, as often as said department may deem necessary, the various oyster beds and other places within the jurisdiction of

Page 584

or forming a part of the State of Georgia from which oysters are taken to be distributed or sold for use as food, for the purpose of ascertaining the sanitary conditions of such oyster beds and the fitness of the oysters in such places or which are taken therefrom for use as food. Inspection by Health Department. Section 2. Be it further enacted that if the State Department of Health discovers that any oyster bed, or other place from which oysters are or may be taken is subject to pollution or to any other condition which may render the oysters in such places, or which may be taken therefrom, dangerous to health, it shall be the duty of said department to immediately condemn such areas, beds, or other place; and to prohibit the taking of oysters from such places, and also to prohibit the sale, distribution, offering for sale, giving away or having in possession such oysters without a permit from such department to take, sell, distribute, give away, or offer to sell or have in possession. Polluted beds condemned. Permit required. Section 3. Be it further enacted that for the purpose of this Act, the distribution, sale, offering for sale, giving away or having in possession with intent to distribute, sell or give away any oysters shall be prima facie evidence that such oysters were intended for use as food. Evidence. Section 4. Be it further enacted that the State Department of Health shall have the power to adopt, promulgate and enforce such rules and regulations as shall promote the purposes of this Act, and it shall also have power to make such specific orders regarding the growing and handling of oysters and the disposal of polluting matter which may affect the purity of oysters as it may deem necessary to enforce the provisions of this Act. Rules and regulations. Section 5. Be it further enacted that the members and employees of the State Department of Health shall have free access at all times to all oyster beds, places of business and other places where oysters are grown, kept, stored,

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had in possession with intent to distribute, or sell, or give away, or sold, and also to all streams, tributaries thereof and lands adjacent thereto, the waters draining from which may come in contact with oysters and shall have the power to make such inspection of such places and to take such samples of oysters as they may deem necessary to carry out the purposes of this Act. Rights and powers. Section 6. Be it further enacted that no person shall obstruct or in anywise interfere with any inspector or employee of the State Department of Health in the performance of any duty under this Act. No interference. Section 7. Be it further enacted that any person or persons convicted of a violation of the provisions of this Act shall be punished as for a misdemeanor. Penalty for violation. Section 8. Be it further enacted that this Act shall take effect immediately. Effective date. Section 9. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 10, 1943. SHERIFF'S COMPENSATION IN CERTAIN COUNTIES. No. 151. An Act to authorize and direct the Ordinaries and County Treasurers and/or other proper officers of all Counties in the State of Georgia having a population of not more than five thousand nine hundred, (5,900) nor less than five thousand eight hundred and ninety, (5,890), according to the Federal Census of 1940, and all future Federal Census, because of extra duties imposed on the sheriffs of such Counties by reason of National Defense and Home

Page 586

Guard activities; to pay the sheriffs of said Counties the sum of one hundred dollars ($100) per month in addition to the fees and compensation now paid to said sheriffs; 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 and approval of this Act, the Ordinaries and County Treasurers and/or other proper officers in all counties in the State of Georgia having a population of not more than five thousand nine hundred (5,900), nor less than five thousand eight hundred and ninety (5,890), according to the Federal Census of 1940, and all future Federal Census, because of the extra duties imposed on the sheriffs of such Counties by reason of National Defense, and Home Guard activities, are hereby authorized and directed to pay to the sheriffs of said Counties the sum of one hundred dollars ($100), per month, in addition to the fees and compensation now paid to said sheriffs. Population. Additional compensation. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved February 22, 1943. SHERIFF'S COMPENSATION IN CERTAIN COUNTIES. No. 293. An Act to authorize and direct the Ordinaries and County Treasurers and/or other proper officers of all Counties in the State of Georgia having a population of not more than five thousand nine hundred, (5,900), not less than five thousand eight hundred and ninety, (5,890), according to the Federal Census of 1940, and all future Federal

Page 587

Census, because of the extra duties imposed on the sheriffs of such Counties by reason of National Defense and Home Guard activities; to pay to the sheriffs of said Counties the sum of one hundred dollars ($100) per month in addition to the fees and compensation now paid to said sheriffs; 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 and approval of this Act, the Ordinaries and County Treasurers and/or other proper officers in all Counties in the State of Georgia having a population of not more than five thousand nine hundred, (5,900), nor less than five thousand eight hundred and ninety, (5,890), according to the Federal Census of 1940, and all future Federal Census, because of the extra duties imposed on the sheriffs of such Counties by reason of National Defense, and Home Guard activities, are hereby authorized and directed to pay to the sheriffs of said Counties the sum of one hundred dollars ($100) per month, in addition to the fees and compensation now paid to said sheriffs. Population. Additional compensation. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 11, 1943. SHERIFF'S COMPENSATION IN CERTAIN COUNTIES. No. 387. An Act to authorize and direct the Ordinaries and County Treasurers and/or other proper officers of all Counties in the State of Georgia, having a population of not more than nine thousand one hundred and twenty (9120) nor

Page 588

less than nine thousand one hundred and ten (9110), according to the Federal Census of 1940, and all future Federal Census, because of the extra duties imposed on the Sheriffs of such Counties; to pay to the Sheriffs of such Counties the sum of one hundred ($100.00) dollars a month in addition to the fees and compensation now paid to said sheriffs; 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 and approval of this Act, the Ordinaries and County Treasurers and/or other proper officers in all Counties of the State of Georgia, having a population of not more than nine thousand one hundred and twenty (9120) and not less than nine thousand one hundred and ten (9110), according to the Federal Census of 1940, and all other future Federal Census, are hereby authorized and directed to pay to the Sheriffs of said Counties the sum of one hundred ($100.00) dollars a month, in addition to the fees and compensation now paid to said sheriffs. Population. Additional compensation. Section 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 19, 1943. SHERIFF'S COMPENSATION IN CERTAIN COUNTIES. No. 391. An Act to authorize and direct the authority having control of the expenditures of county funds and/or other proper officials in all counties in the State of Georgia having a population of not more than 12,210, not less than 12,190,

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according to the Federal Census of 1940 or any other future Federal Census, because of the extra duties imposed on such sheriffs because of national defense activities, to pay the sheriffs of said counties the sum of $75.00 a month in addition to the fees and compensations now paid to said sheriffs; to provide that this Act shall be effective only during the present World War and for six months thereafter; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority aforesaid: Section 1. That from and after the passage and approval of this Act, the authority having control of the expenditures of county funds and/or other proper officials of all counties in the State of Georgia having a population of not more than 12,210, not less than 12,190, according to the Federal Census of 1940 and all other future Federal Census because of the extra duties imposed on such sheriffs because of the national defense activities are authorized and directed to pay to the sheriffs of said counties the sum of $75.00 a month in addition to the fees and compensations now paid to said sheriffs. Population. Additional compensation. Section 2. Be it further enacted that this Act shall become effective immediately upon the passage and approval of the same and shall remain in effect until six months after the duration of the present World War. Effective date. Expiration date. 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 same are hereby repealed. Approved March 19, 1943.

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SHERIFF'S COMPENSATION IN CERTAIN COUNTIES. No. 396. An Act to authorize and direct the Ordinaries and County Treasurers and/or other proper officials of all Counties in the State of Georgia having a population of not more than thirteen thousand and ten (13,010) nor less than twelve thousand nine hundred and ninety (12,990) according to the Federal Census of 1940 or/and other future Federal Census, because of the extra duties imposed on such sheriffs because of National Defense activities; to pay to the sheriffs of said Counties the sum of seventyfive dollars ($75.00) a month in addition to the fees and compensation now paid to said sheriffs; and to provide that this Act shall be effective only during the present World War and for six months thereafter; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority aforesaid: Section 1. That from and after the passage and approval of this Act, the Ordinaries and County Treasurers and/or other proper officers in all Counties in the State of Georgia having a population of not more than thirteen thousand and ten (13,010) nor less than twelve thousand nine hundred and ninety (12,990) according to the Federal Census of 1940 and all future Federal Census are hereby authorized and directed to pay to the Sheriffs of said Counties the sum of seventy-five dollars ($75.00) a month in addition to the fees and compensation now paid said sheriffs. Population. Additional compensation. Section 2. Be it further enacted by the authority aforesaid that this Act shall become effective immediately upon the passage and approval of the same, and shall remain in

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full force and effect until six months after the duration of the present World War. Effective period. 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 19, 1943. SHERIFFSADDITIONAL FEES. No. 285. An Act to amend an Act To fix the amount of fees the sheriffs of this State shall be entitled to charge and collect for performance of official duties by them; and for other purposes (Ga. Laws 1918, page 226), approved August 12, 1918, so as to provide compensation for sheriffs in summoning a jury while the city or superior courts are in session; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act a Sheriff of any court of this State shall be entitled to charge and collect, in addition to the fees now provided by law, a fee for the service of summons on any juror or jurors, which summons shall have been served on such juror or jurors after the opening or convening of a term of court, for each juror so summoned a sum not in excess of fifty cents each in the discretion of the court to which such juror is summoned; provided, that the total of such sums allowable to any sheriff in any one term of court shall not exceed the sum of $10.00. In all counties where the Sheriff is paid a salary only, the provision of this Act shall not apply. Summoning jurors. Proviso. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 11, 1943.

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SHERIFFSVACANCIES IN CERTAIN COUNTIES. No. 294. An Act to be entitled an Act to provide in counties in the State of Georgia having a population of not less than 3,430 nor more than 3,440 according to the Federal Census of 1940 and all other future Federal Census that when a vacancy in the office of Sheriff occurs because said Sheriff has entered the armed forces of the United States, that the Governor shall appoint a competent person to act as sheriff for the unexpired term or until the former Sheriff is mustered out and returns; 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 in all counties of the State of Georgia having a population of not less than 3,430 nor more than 3,440, according to the Federal Census of 1940, and all other future Federal Census in evidence, a vacancy in the office of Sheriff occurs because the office-holder has entered the armed forces of the United States, it shall be the duty of the Governor to appoint a competent person to act as Sheriff for the unexpired term or until said Sheriff, who entered the armed forces of the United States is mustered out and returns. It is expressly enacted that the acting Sheriff, appointed by the Governor, shall relinquish the office of Sheriff to the duly elected Sheriff when he returns from the armed forces of the United States before the expiration of the term for which he was elected. Population. Vacancy. Acting sheriff. Section 2. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 11, 1943.

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SLUM CLEARANCE IN CERTAIN COUNTIES. No. 205. An Act (1) to empower the Board of Commissioners of Roads and Revenues, the ordinary or other governing body, in counties having a population of 200,000 or more, as shown by the United States census of 1940, or any subsequent census, to acquire real estate by the purchase or condemnation when such acquisition will aid in slum clearance, promote sanitation, abate or remove a health nuisance; (2) to authorize the condemnation thereof through the power of eminent domain; (3) to provide for the selection of such real estate; (4) to provide funds for such purchase or condemnation; (5) to provide for the use or sale of said lands; (6) to declare acquisition hereunder to be for public purposes; (7) to provide for the constitutionality of the sections hereof; (8) to repeal all laws in conflict with this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Board of Commissioners of Roads and Revenues, the ordinary or other governing body, in counties in this State having a population of 200,000 or more, as shown by the United States census of 1940, or any subsequent census, is hereby empowered to acquire by grant, purchase, lease, condemnation or other means, any real es-state located in the county jurisdiction of such board, ordinary or other governing body, when the acquisition of such real estate will aid in slum clearance, promote sanitation, abate or remove a condition that is dangerous to the health of the citizens of said county. Population. Section 2. Be it further enacted by the authority aforesaid, that such Board of Commissioners of Roads and Revenues, the ordinary or other governing body, is hereby empowered

Page 594

to invoke the law of eminent domain and to condemn any such real estate as provided in Section 36-101 to Section 36-607, inclusive, of the 1933 Code of Georgia. Condemnation. Seection 3. Be it further enacted by the authority aforesaid that any real estate to be acquired under the provisions of this Act shall be pointed out and selected by the health officer, county physician or Board of Health of the county in which same is located, and such health officer, county physician or Board of Health shall recommend the acquisition of such real estate to the Board of Commissioners of Roads and Revenues, the ordinary or other governing body, for approval or disapproval. Selection. Section 4. Be it further enacted by the authority aforesaid, that the purchase price or award for any real estate acquired under the provisions of this Act and all expenses therein incurred shall be paid out of any funds in the county treasury not derived by taxation. Cost. Section 5. Be it further enacted by the authority aforesaid, that title to any real estate acquired under the provisions of this Act shall vest in the county through its usual and proper officers and may be used by said county for any sanitary or legitimate purpose, or may be sold by said county without limitation, such sale to be had in the usual manner of sales or real estate by said county. Title. Section 6. Be it further enacted by the authority aforesaid that all acquisitions of property for the purposes herein stated are hereby declared to be and the same are public purposes and for the public good. Public purposes. Section 7. 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 parts, portions or sections of said Act shall remain in full force and effect. Invalid parts.

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Section 8. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1943. SPECIAL POLICEMAN FOR PUBLIC PROPERTIES. No. 254. An Act authorizing the appointment and prescribing the powers and duties of special policemen for the protection and preservation of public property; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Appointment of Special Policemen Authorized. Upon the application of the Governor of any State owning or having an interest in, or any of whose political subdivision, department, agencies, or districts, owns or has an interest in any property situated wholly or partly in this State, the Governor of this State or any officer, council, or agency to whom or which he may delegate his powers and duties under this Act, hereinafter referred to as the appointing authority, may appoint and deputize as special policemen, with the powers and duties hereinafter prescribed, such number of persons designated in the application as may be deemed necessary for the additional protection of such property. Special Policemen. Appointed. Section 2. Applications. Applications under this Act shall be made in writing upon forms prescribed by the appointing authority and shall contain the name, age, nationality and residence address of each person for whom an appointment as special policeman is sought and such

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other information concerning such person as the appointing authority may require. Applications. Section 3. Certificates of Appointment. The appointing authority shall issue a certificate of appointment to each person appointed hereunder in such form as it may prescribe. Such certificate shall consttiute the appointee's authority for exercising the powers and carrying out the duties conferred and imposed upon him by this Act. Certificates. Section 4. Qualifications. Each person appointed under this Act shall, within 15 days after his certificate of appointment has been issued, and before entering upon the duties of his office, take and subscribe the oath prescribed by Section 89-302 of the Code and file it in the office of the appointing authority. No person shall be appointed a special policeman under this Act unless he is a citizen of the United States, of good moral character, and has not previously been convicted of a felony. Qualifications. Section 5. Powers and Duties. Each person appointed as a special policeman under this Act shall be charged with the duty of protecting and preserving the property described in the application for his appointment. He shall have power to arrest all persons trespassing or committing offenses or crimes thereon. He shall have and may exercise the powers of a peace officer, but only upon the property or in connection with the property described in the application for his appointment. When on duty he shall wear an appropriate metallic badge upon which shall be inscribed the words special policeman. He shall have power to possess and carry such firearms and other weapons while on duty as may be prescribed by the appointing authority. Whenever he shall change his residence address, he shall forthwith give notice of his new address to the appointing authority. Powers and duties. Section 6. Compensation. Each person appointed as special policeman under this Act shall for all purposes be,

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and be deemed to be, the employee of the State, political subdivision, department, agency or district requesting his appointment. His compensation shall be fixed in such amount as may be agreed upon between him and such State, political subdivision, department, agency or district, as the case may be, and the latter shall be liable for the payment thereof. Compensation. Section 7. Immunity from Liability. Neither this State nor any political subdivision of this State, nor any department, officer, board, bureau or other agency of either the State or any political subdivision thereof shall be liable or accountable in any way for or on account of the appointment of any such special policeman or for or on account of any act or omission on his part in connection with his powers and duties under this Act. Immunity. Section 8. Termination and Revocation of Appointment. The appointment of any special policeman under this Act shall terminate, and his authority thereunder shall cease, whenever the Governor of the State requesting his appointment shall file a notice in the office of the appointing authority in such form as the latter may prescribe to the effect that his services are no longer required. The appointing authority shall also have power on its own motion and at any time, for any reason or cause deemed by it sufficient, to revoke the appointment of any such special policeman by filing a revocation thereof in its office and mailing a notice of such filing to the Governor of the State requesting his appointment, and also to the person whose appointment is revoked, at his residence address as the same appears in the application for appointment or the latest statement thereof on file. If such person thereafter, knowing of such revocation or having in any manner received notice thereof, exercises or attempts to exercise any of the powers of a special policeman under this Act, he shall be guilty of a misdemeanor; and the filing and mailing of such notice, as

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above provided, shall be presumptive evidence that such person knew of the revocation. Termination. Revocation. Section 9. Supervision. Every special policeman appointed under this Act shall at all times be subject to the rules and regulations of the appointing authority and to the supervision and control of such person or persons as the Governor of this State may from time to time designate. Supervision. Section 10. Authority of Governor to Arrange for Appointment of Special Policemen for the Preservation and Protection of Public Property Located Without the State. The Governor of this State is hereby authorized, in his discretion, to make application to the Governor of any other state for the appointment of special policemen for the additional protection of any property situated wholly or partly in such other State, owned by this State, or any political subdivision thereof, or by any department or agency of either, or any tax or special district therein, or in which any of the foregoing has any interest. The State, political subdivision, department, agency or district owning or having an interest in the property for the protection of which any such special policeman is appointed shall be liable for the compensation and expenses of such policeman and shall have full power and authority to provide or otherwise arrange for the payment of such compensation and expenses. Nothing contained in this section shall be construed to relieve the State or the political subdivision thereof in which such property or any part thereof such normal police protection as it ordinarily and customarily provides for other property situated therein. Outside State. Section 11. Severability. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without

Page 599

the invalid provision or application, and to this end the provisions of this Act are declared to be severable. Invalid parts. Section 12. Repeal. All Acts and parts of Acts inconsistent with the provisions of this Act and not expressly repealed herein are hereby repealed. Approved March 5, 1943. SYPHILISBLOOD TEST DURING PREGNANCY. No. 346. An Act to prevent syphilis in the unborn child; to require every physician (and the word physician, wherever used in this act, shall be construed to embrace and include those persons licensed to practice under the Osteopathic laws of this State) attending or every other person permitted by law to attend pregnant women to take or cause to be taken a specimen of blood of such pregnant women for submission to an approved laboratory for a standard serologic test for syphilis; to define standard serogilogic test and approved laboratory; to require birth certificate to show date when standard serologic test was made, and if no such test, reason shall be recorded on birth certificate; to provide for penalties for violations of this Act; to declare this Act to be effective as of July 1, 1943; 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 every woman who becomes pregnant shall have a blood specimen taken for submission to an approved laboratory for a standard serologic test for syphilis. Blood specimen. Section 2. That any licensed physician, attending or giving prenatal care to a pregnant woman in this State, shall take or cause to be taken a specimen of blood of each woman

Page 600

so attended within thirty (30) days from the date of the first examination for submission to an approved laboratory for a standard serologic test for syphilis. In case such pregnant woman is in a state of labor at the first examination, which may make it inadvisable to obtain a blood specimen, then the specimen shall be obtained within ten (10) days after delivery. Provided no doctor or person taking such test shall charge more than one dollar therefor. Attending physician's duty. Each other person in the State who is permitted by law to attend pregnant women, but not permitted by law to obtain blood specimens, shall cause such a specimen of blood to be taken within thirty (30) days from the date of the first examination of each woman so attended, by a qualified and licensed physician, for submission to an approved laboratory for a standard serologic test for syphilis. Midwives. Section 3. For the purpose of this Act a standard serologic test shall be a test for syphilis approved by the Georgia Department of Public Health, and an approved laboratory shall be any laboratory approved by the Georgia Department of Public Health. Standard serologic test. Section 4. That any woman who is pregnant and who is unable to pay a licensed physician to take a blood test, as required by this Act, may have such a blood specimen taken by the local health department or the county physician for submission to an approved laboratory for a standard serologic test for syphilis. Charity cases. Section 5. That physician, and other persons permitted by law to attend pregnant women and who are required to report births and still-births, shall state on the birth certificate whether a blood test for syphilis, as required by this Act, had been made on the woman who bore the child for which a birth certificate is filed, and shall state the approximate date of such test, provided that no birth certificate

Page 601

shall show result of test. If no such blood test was made, reasons for failure to make test shall be stated. Birth certificate to show test. Proviso. Section 6. That any licensed physician, attending midwife, county health officer, county physician, or the pregnant woman herself, or any other person who knowingly and wilfully violates this Act, or any part thereof, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as for a misdemeanor. Violation a misdemeanor. Section 7. That if for any reason any section, provision, clause, sentence, words, or any part of this Act shall be held to be unconstitutional or invalid, then that part 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. Invalid parts. Section 8. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 9. That this act shall become effective and in force on July 1, 1943. Effective date. Approved March 18, 1943. TAX COMMISSIONER'S COMPENSATION. No. 434. An Act to apply to all counties of this State having a population of not less than 9,110 and not more than 9,120 according to the official U. S. Census, or any future census; to provide that in all such counties a new schedule of commissions to be paid tax commissioner or other officer for receiving and collecting county taxes; to provide that

Page 602

this Act shall not apply to State taxes; 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 in all counties of this State having a population of not less than 9,110 nor more than 9,120, according to the 1940 official U.S. Census or any future census, the tax commissioner or other officer or officers receiving and collecting county taxes shall be paid commissions as follows: Population. Schedule of commissions. On all net digests up to and including $3,000.00 10% On the second $3,000.00 8% On the third $3,000.00 6% On the fourth $3,000.00 4% From $12,000.00 to $18,000.00 3% Over $18,000 1% Section 2. The commissions enumerated in Section 1 of this Act shall only apply to county taxes, and shall be paid for both receiving and collecting said county taxes. Nothing in this Act shall apply to State taxes. Application. 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 March 20, 1943. TITLE INSURANCESUPERSEDING ACT. No. 268. An Act to supersede the Title Insurance Act approved March 21, 1939 (Acts 1939, Page 376), and to define the business of title insurance; to provide an exclusive

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and comprehensive method for the licensing and regulating of the business of title insurance; to provide for the qualification, regulation, supervision, control and taxation of corporations engaged in the business of title insurance in the State of Georgia; to prescribe the conditions upon which corporations engaged in other business may insure or guarantee title to real property; to provide for the creation and withdrawal of reserves and deposits for the protection of the holders of policies of title insurance; to regulate the capital requirements and investments of funds of title insurance companies; to impose powers and duties upon the Insurance Commissioner of Georgia with reference to title insurance and title insurance companies; to provide penalties for violations of this Act, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted, by authority of the same, that from and after the passage of this Act: Section 1. Insuring or guaranteeing the titles to real property, or against loss by reason of defects, encumbrances, lien or charges thereon, or guaranteeing or insuring the correctness of searches for instruments, liens, charges or other matters affecting the title to real property, shall be deemed to be Title Insurance and any corporation making such guarantees or issuing such insurance shall be deemed to be engaged in the business of title insurance. Title insurance defined. Section 2. The business of title insurance in this State, as herein defined, is placed under the supervision and control of the Insurance Commissioner of Georgia, and every corporation engaged in title insurance business in this state, shall be subject to the provisions and requirements of this Act, which Act supersedes the Title Insurance Act approved March 21, 1939 (Acts of 1939, page 376). Supervision and control. Supersedes Act of 1939. Section 3. No corporation chartered by this State or by

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another state or a foreign government shall transact any business of title insurance in this state without first procuring a license from the Insurance Commissioner. Licenses granted under this Act may be revoked, suspended or reinstated in the manner provided by law for the revocation of licenses of insurance companies generally. License. Section 4. It shall be the duty of the Insurance Commissioner to issue licenses to corporations transacting the business of title insurance when they have complied with the requirements of this Act and of the rules and regulations prescribed by the Insurance Commissioner so as to enable them to do business. In every case such license shall be issued under the seal of the Commissioner, authorizing and empowering the corporation to transact the business of title insurance. Before a corporation shall be licensed to transact title business the Insurance Commissioner shall be satisfied by such examination as he may make or such evidence as he may require that such company is duly qualified under the laws of this state to transact such business herein. In every case such licenses may be revoked and reinstated in the same manner as is prescribed by law with reference to insurance companies generally. License requirements. Section 5. Corporations organized under the laws of this state for the purpose of engaging in the business of a trust company and having power under their charters as trust companies to insure or guarantee titles, and corporations chartered by the Superior Court which have applied to and obtained from the Secretary of State charter power to insure or guarantee titles to real property pursuant to the provisions of Section 109-302 of the Code of Georgia of 1933 (Acts of 1910, Page 98), may engage in the business of title insurance as defined by this Act, provided such corporations comply with all of the requirements of this Act and obtain from the Insurance Commissioner of Georgia a

Page 605

license to engage in the business of title insurance as herein provided. Title guaranty corporations. 109-302. Proviso. Section 6. No corporation shall be entitled to transact title insurance business in this state unless it has, and maintains, unimpaired, a capital of not less than One Hundred Thousand Dollars, fully paid, and invested in the securities in which life insurance companies are authorized by the laws of the state in which the company is incorporated to invest their funds. Capital requirement. Section 7. Every corporation chartered under the laws of this state engaged in the business of title insurance in this state, shall deposit with the Treasurer of this state, in cash or in market value of securities deemed by him to be the equivalent of cash, as a guarantee for the security of all its policy holders, an amount equal to five per cent of its capital, but in no event less than Fifty Thousand Dollars. The Treasurer is hereby authorized and directed to receive such deposit and to hold the same subject to the provisions of this Act and of the laws of this state relating to deposits by insurance companies generally. Deposit with State Treasurer. Section 8. Any title insurance company now doing business in this state or which may desire to do business in this state, chartered by the laws of another state or of a foreign government, shall make the same deposit for the benefit of and security for its policy holders as is required of domestic companies by the terms of this Act, provided, however, that any such non-resident company shall not be required to make the deposit required of domestic companies by this Act upon showing that it has deposited with the Treasurer of this state not less than Twenty-five Thousand Dollars; and has deposited with the Comptroller-General of the state in which it is chartered, or the Insurance Commissioner or other officer authorized to receive it, not less than One Hundred Thousand Dollars in cash or in securities satisfactory

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to such officer, subject to his order, as a guaranty fund for the security of all the policy holders of such company. Non-resident companies. Proviso. Section 9. When the showing provided for in section 8 of this Act is made to the Insurance Commissioner of the State of Georgia by a proper certificate from the state officials having charge of the funds so deposited, the Insurance Commissioner of the State of Georgia is authorized to issue to the company making such showing a license to do business in the State of Georgia, upon paying the fees required by law. License issued. Section 10. The bonds, cash and securities deposited with the Treasurer of this state by companies engaged in the business of title insurance, whether such companies are incorporated under the laws of this state or of any other state or foreign government, shall be held in trust for the benefit and protection of and security for the policy holders of such corporations. Said securities, bonds, or cash, shall so remain on deposit until it has been made to appear to the satisfaction of the Insurance Commissioner that all liquidated obligations and debts of the depositing corporation, relating to its title insurance business, have been discharged and until all unliquidated or contingent liabilities of such company under its policies have been assumed under reinsurance contracts satisfactory to and approved by the Insurance Commissioner. Presentation to the State Treasurer of the certificate of the Insurance Commissioner as to the payment of such debts and liquidated obligations and as to the reinsurance contracts satisfactory to and approved by the Insurance Commissioner, shall entitle the depositing company to withdraw such deposit. Purpose of deposit and requirements in regard thereto. Section 11. Funds or securities deposited with the State Treasurer or with a trust company or with one of the state depositories approved by the State Treasurer, as a guaranty fund for the protection of its policy holders, by any corporation

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engaged or which has been engaged in the business of title insurance under the powers granted to trust companies by Section 109-201, of the Code of Georgia of 1933, including any corporation chartered by the Superior Court which has applied to and obtained from the Secretary of State powers of trust companies as provided by Section 109-302 of the Code of Georgia of 1933, may be withdrawn from the State Treasurer or from such trust company or depository upon presentation to the State Treasurer or to such trust company or depository, of a certificate from the Insurance Commissioner that he has found all fixed obligations and claims against such corporation under its title insurance policies to have been paid and that he has approved a reinsurance contract or reinsurance contracts by which all other or contingent liabilities under the policies of such corporation have been assumed by a corporation licensed under this Act to engage in the title insurance business in this state. The State Treasurer or any such trust company or depositor with whom such funds or securities have been deposited by such corporation, shall release and deliver the same upon receipt of said certificate of the Insurance Commissioner. Withdrawal of deposit. Reinsurance. Section 11-A. Any title insurance company not organized under the laws of this State, desiring to transact business in this State, shall appoint an agent, resident of this State, to accept service of process for and in its behalf, and such company shall thereupon be subject to suit and service of process in the same manner as is provided by law with reference to other non-resident insurance companies doing business in this State. Agent to accept service of process. Section 12. On every contract of title insurance hereafter issued by any company authorized under this Act to engage in the title insurance business in this state, there shall be reserved, initially, the sum equal to five per cent of the original premium, whether or not the risk shall be for a

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fixed time. If the risk is of a mortagee, trustee in a deed of trust, or deed to secure debt, the sum reserved may be withdrawn at the expiration of the time of the risk. If the risk is not for a fixed time, then such risk shall be deemed to have been written for a period of twenty years from the date of the title insurance policy and the reserve shall be maintained for twenty years from such date. The sums herein required to be reserved for the protection of the policy holders shall at all times and for all purposes be considered and constitute unearned portions of the original premiums. In calculating reserves, contracts of title insurance shall be assumed to be dated in the middle of the year in which they are issued. Reserves. Section 13. No corporation, individual, firm or association not licensed in Georgia to transact the business of title insurance or the writing and issuance of title insurance policies shall engage in such business within the limits of this state. Penalty for the violation of this provision shall be One Thousand Dollars for the first offense and Two Thousand Dollars for each additional offense, which penalty may be imposed and collected in the same manner as provided by law with reference to fire and casualty insurance companies. Penalty for doing business without license. Section 14. Each corporation doing title business in the State of Georgia shall furnish to the Insurance Commissioner on forms approved by him, on or before the first day of March each year, detailed sworn statements and reports showing all assets and liabilities of such corporation, all property mortgaged or pledged and all additional data, inventories and information which may be required by such forms. The Insurance Commissioner shall have the power from time to time, whenever he may deem it necessary, to require further additional sworn reports and statements and to examine in person or by his designated agents the books and affairs of any such corporation. Annual statements. Additional statements.

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Section 15. On or before March first of each year each corporation engaged in the business of title insurance in this state shall pay to the Insurance Commissioner of Georgia as an annual license tax and fee the same percentage of its gross receipts for title insurance premiums on policies covering properties in this State, as are levied upon the gross premium receipts of other insurance companies. Such annual license tax and fee shall be paid on gross premiums received by such company during the preceding calendar year and shall be in lieu of all other licenses, taxes and fees, state and county or municipal, except ad valorem taxes on real and personal property and business licenses to municipalities. License tax and fee. In lieu of other taxes. Ad valorem taxes excepted. Section 16. This Act shall not be construed to have any application to licensed attorneys, shall not affect the right of such attorneys to examine, certify and render opinions as to titles on real property, and such attorneys shall not be deemed to be insurance agents by reason of their participation in obtaining, and forwarding to title insurance companies, applications and premums for the title insurance, as an incident to their examination and certification of titles. No application to attorneys. Section 17. The provisions of this Act are intended to supersede all previous Acts defining, regulating and providing for the licensing of title insurance companies and are intended to exclude the regulatory provisions applicable to other insurance companies, other than as herein expressly provided. Supersedes all previous Acts. Section 18. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1943.

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UNEMPLOYMENT COMPENSATIONAMENDMENTS. No. 449. An Act to amend an Act known and designated as the Unemployment Compensation Law, approved March 29, 1937, as amended by an Act approved January 25, 1938, and as further amended by an Act approved March 21, 1941, to provide for the collection of unemployment contributions in default by the Commissioner of Revenue of Georgia; to provide authority in the Commissioner of Labor to credit to the account of employers certain contributions paid to the Federal Treasury under the terms of Title IX of the Federal Social Security Act for the year of 1936; to repeal certain sections of the Amendatory Act approved March 21, 1941, relating to the handling of Unemployment Compensation funds; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that an Act of the General Assembly of Georgia designated as the Unemployment Compensation Law, approved March 29, 1937, as amended by an Act approved January 25, 1938, and as further amended by an Act approved March 21, 1941, be, and the same is, further amended in the following particulars: By adding to Section 14 a new subsection to be designated as sub-section (e) and to read as follows: Acts of 1937, 1938, 1941 amended. Any contribution in default for thirty days or more may be collected as other delinquent taxes under authority contained in Section 92-3306 of the Civil Code of Georgia, and by the Commissioner of Revenue of Georgia. Sec. 14, sub-section (e). The Commissioner of Labor of Georgia shall certify

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to the Revenue Commissioner of Georgia the delinquency of such contributions and the default in the payment of same, whereupon the Revenue Commissioner of Georgia shall proceed to enforce collection in the manner prescribed for the collection of other delinquent taxes under authority contained in said Section 92-3306 of the Civil Code of Georgia of 1933, provided, however, that all rights of defense and all remedies of the taxpayer provided in said statute referred to hereinabove, shall be preserved, with jurisdiction in the Superior Court of the county of residence of the taxpayer, subject to appeal as in other cases; provided further that with respect to such cases the Revenue Commissioner shall be represented by counsel for the Bureau of Unemployment Compensation, and the Revenue Commissioner shall remit all collections made under authority contained in this section to the Commissioner of Labor of Georgia to be by him credited to the Unemployment Compensation Fund in the same manner that contributions of taxpayers are credited, and any expense incident to the collection of such delinquent contributions, inclusive of court costs, shall be borne by the Bureau. Delinquent contributions. Collection. Appeals. Proviso. Section 2. Be it further enacted by the authority aforesaid that Section 7 (c) (1) of the said Act, as amended, be, and the same is, amended by adding after the last sentence in said Section 7 (c) (1) the following: Sec. 7 (c) (1) amended. The Commissioner shall be authorized to credit to the account of each employer under this Act, as of the next computation date hereafter, 90% of the contributions paid to the Federal Treasury under the terms of Title IX of the Federal Social Security Act for the year 1936, and thereafter paid or transferred into the trust fund of this state, insofar as such amounts may be identified as being attributable to an individual employer. Addition.

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Section 3. Be it further enacted by the authority aforesaid that Section 37 of the Amendatory Act approved March 21, 1941, be, and the same is, repealed in its entirety. Sec. 37 repealed. 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 20, 1943. UNEMPLOYMENT COMPENSATIONBENEFITS RIGHTS DURING THE WAR. No. 427. An Act to amend an Act entitled Georgia Unemployment Compensation Law, approved March 29, 1937, as amended by an Act approved January 25, 1938, and as further amended by an Act approved March 21, 1941, by repealing Section 3 (f) of Said Act, as amended, which provides for the preservation of benefit rights of individuals who are or have been called or drafted or enlisted in any organization affiiliated with the defense of the United States; to enact in lieu of said Section 3 (f) a new section providing for the preservation, for the duration of the present war, of the unemployment compensation benefits of persons entering the armed services of the United States; to direct and empower the Commissioner to adopt regulations with respect to payment of such benefits; 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 3 (f) of an Act of the General Assembly of Georgia, approved March 29, 1937, as amended, be, and the same is, repealed, and there is enacted in lieu thereof

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a new section to be designated as Section 3 (f), and to read as follows: Sec. 3 (f) of Act of 1937 as amended repealed. The benefit rights of persons who are or have been enlisted or inducted into the armed services of the United States are hereby preserved for the war period beginning September 16, 1940, and ending on that date fixed by proclamation of the President of the United States as the date of termination of the present war, and six months thereafter, in accordance with regulations to be adopted by the Commissioner. New section. Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith are hereby repealed. Approved March 20, 1943. UNEMPLOYMENT COMPENSATION LAWAMENDING ACT. No. 438. An Act to amend an Act known and designated as the Unemployment Compensation Law approved March 29, 1937, as amended by an Act approved January 25, 1938, and as further amended by an Act approved March 21, 1941, to clarify the terms of said Act as amended and to provide for the succession of the employment benefit experience record of an employer; and for 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 and designated as the Unemployment Compensation Law approved March 29, 1937, as amended by an Act approved January 25, 1938, and as further amended by an Act approved

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March 21, 1941, be and the same is hereby amended as follows, to-wit: Acts of 1937, 1938, 1941 amended. Section 1. By adding to sub-section (c) (7) (iv) of Section 7 the following: Provided, however, that any corporation, partnership, individual or other legal entity, who acquires by purchase, merger, consolidation, or other means, substantially all of the business or assets thereof, of any employer and who thereafter continues such acquired business shall be deemed to be a successor to the predecessor from whom such business was acquired for purposes of Section 7 of this Act, and, if not already an employer prior to such acquisition, shall become an employer on the date of such acquisition. The successor shall succeed to the employment benefit experience record of the predecessor. If the successor is already an employer at the time of such acquisition, the rate contributions already assigned to him shall continue to be applicable until the time hereinafter stipulated. If he is not an employer at the time of such acquisition, the predecessor's rate shall continue to apply to the successor unit until the time hereinafter stipulated. In either case such rate, or rates, shall continue in effect until the first day of the next calendar quarter immediately following such acquisition, at which time it shall be the duty of the Commissioner to compute a rate based upon the combined employment benefit experience records of the predecessor and successor as of June 30 of the calendar year preceding the date of acquisition subject to the provisions of subsection 6 (i) hereof, which rate shall be applicable to the successor from the first day of such quarter until the next effective date of contribution rates. Commencing with the next calendar quarter after acquisition the employment experience of the former employer and the successor employer shall be combined and the rate of the successor for such quarter and thereafter shall be based on such combined experience. All rates thereafter shall be

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computed on the basis of such combined employment benefit experience records. The Commissioner shall prescribe by regulation the notice to be given of such acquisition. so that sub-section (c) (7) (iv) of Section 7 when amended shall read as follows: Sec. 7, sub-section (c) (7) (iv). Addition. The term `computation date' means December 31, 1941, with respect to rates of contributions applicable to the year 1942, and June 30th of the preceding year, with respect to rates applicable to the year 1943 and any calendar year thereafter. Provided, however, that any corporation, partnership, individual, or other legal entity, who acquires by purchase, merger, consolidation, or other means, substantially all of the business, or assets thereof, of any employer, and who thereafter continues such acquired business shall be deemed to be a successor to the predecessor from whom such business was acquired for purposes of Section 7 of this Act, and, if not already an employer prior to such acquisition, shall become an employer on the date of such acquisition. The successor shall succeed to the employment benefit experience record of the predecessor. If the successor is not already an employer at the time of such acquisition, the rate of contributions applicable at such time to the predecessor unit shall continue to be applicable to the successor as to contributions payable based on wages of employees of such acquired unit only, until the time hereinafter stipulated, but if the successor is already an employer at the time of such acquisition, the separate rates of contributions applicable at such time to the predecessor and successor continue to be applicable to the successor until the time hereinafter stipulated. In either case such rate, or rates, shall continue in effect until the first day of the next calendar quarter immediately following such acquisition, at which time it shall be the duty of the Commissioner to compute a rate based upon the combined employment

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benefit experience record of the predecessor and successor subject to the provisions of sub-section 6 (i) hereof, which rate shall be applicable to the successor from the first day of such quarter until the next computation date hereunder. Commencing with the next calendar quarter after acquisition the employment experience of the former employer and the successor employer shall be combined and the rate of the successor for such quarter and thereafter shall be based on such combined experience. All rates thereafter shall be computed on the basis of such combined employment benefit experience records. The Commissioner shall prescribe by regulation the notice to be given of such acquisition. Sec. 7, subsection (c) (7) (iv) as amended. Section 2. The provisions of this Act shall apply to all contributions payable by a successor, regardless of whether or not such successor acquired the business, or assets thereof, from his predecessor prior or subsequent to the effective date of this Act. Contributions by successor. Section 3. As regards the rates of contribution, the provisions of this Act shall become effective as of January 1, 1942, and shall apply to all contributions thereafter payable by an employer affected hereby, as respects business previously or thereafter acquired; however, neither this section, nor any other section of this Act, shall be construed to authorize or require the refund of any sums lawfully paid into the trust fund created by Section 9 (a) of the original Act, or to otherwise use any of the same except to pay compensation benefits. Effective date. Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all laws and parts of laws in conflict with this Act be and the same are repealed. Approved March 20, 1943.

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VETERANS' LICENSES. No. 441. An Act to amend An Act approved March 15, 1935 (Georgia Laws 1935, pages 163-166) providing for the issuance of certificates of exemption from the payment of peddlers and business license tax to holders of disability veterans license; to establish rules of eligibility for certificates of exemption from the payment of such license tax; to make veterans of the present war eligible for certificates of exemption along with veterans of the first World War; to provide that no veteran shall receive a certificate of exemption for the operation of more than one place of business; to restrict and limit the use of veterans certificates of exemption to veterans as herein classified; to provide a penalty 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, That an Act approved March 15, 1935 (Georgia Laws 1935, pages 163-166) providing rules of eligibility for applicants for disabled veterans' license and for the issuance of certificates of exemption from the payment of peddlers and business license tax to holders of disabled veterans license be, and the same is, hereby amended as follows: Act of 1935 amended. Section 1. By striking the word federal appearing in the second clause in the first sentence of said Section 1 and inserting in lieu thereof the word state. Sec. 1. Section 2. By further amending Section 1 of said act by striking the period appearing at the end of the first sentence and inserting in lieu thereof a semicolon, and adding immediately following said semicolon the following clause: Clause added. ... or that some part of his, or her, service was rendered between December 7, 1941, and that date which is

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fixed by proclamation of the President of the United States as the date of termination of the present war against the Axis powers. So that said Section 1 of said Act when amended will read as follows: Section 1. Provided further that no veteran shall be entitled to a license to peddle or conduct business under this Section until it has been made to appear to the issuing authority that the veteran making application therefor is suffering from a physical handicap disabling to the extent of twenty-five per centum, or more; that the total income of such veteran is such that he is not liable for the payment of State income tax; and that his services, or some part thereof, was rendered during a war period as defined by an Act of the Congress of the United States approved March 20th, 1933, entitled `An Act to Maintain the Credit of the United States' and commonly known as Public No. 2, 73rd Congress; or that some part of his, or her, service was rendered between December 1941, and that date which is fixed by proclamation of the President of the United States as the date of termination of the present war against the Axis Powers. Proof of such twenty-five per cent (25) disability before the Ordinaries shall be established upon the written certificate of two physicians as to such disability, or by a letter or other written evidence from the United States Veterans Administration stating the degree of disability. Sec. 1 amended. Section 3. All veterans eligible for a veterans' certificate of exemption to be issued by the State Revenue Commissioner shall state in their application filed with the State Revenue Commissioner the kind of business to be operated and the place where such business is proposed to be carried on, and only the business described in the application shall be exempted from the payment of State, county and municipal

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taxes, and no veteran shall operate in his own name any other business than that described in his application filed with the State Revenue Commissioner as herein provided. Business exempted. Section 4. Any veteran receiving a certificate of exemption from the State Revenue Commissioner shall not allow the use of his name or the use of his certificate by any other person for carrying on any business or profession in this State for the purpose of avoiding any tax levied by the State or any county or municipality in this State, and any veteran allowing his certificate of exemption to be used in violation of this provision shall be subject to having his certificate cancelled by the State Revenue Commissioner; and any person attempting to operate any business or profession under a veterans' certificate of exemption who is not the true and lawful holder of such certificate shall be guilty of a misdemeanor and shall, upon conviction, be punished as for a misdemeanor. Use by others prohibited. Violation a misdemeanor. Section 5. Be it further enacted by the authority aforesaid that the State Revenue Commissioner, upon request of the Mayor or other executive officer of municipalities of this State, shall furnish such municipalities of this State with information as to the payment of income taxes by applicants for veterans' exemption under the terms of this bill and further provided that before such applicant shall receive such exemption, he shall be required to make an affidavit before the Ordinary that he is not subject to nor pays any income taxes to the State of Georgia. Information given municipalities. Proviso Section 6. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1943.

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VOTING PRECINCTS IN CERTAIN COUNTIES. No. 430. An Act to prescribe the place of voting in any election by the people in counties of 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; 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 in all counties of this State having a population of two hundred thousand (200,000) or more according to the United States Census of 1940, or any future United States Census, any elector qualified to vote at any election by the people shall be required to vote at the voting precinct of the militia district, ward or precinct area where such elector resides and not elsewhere, except that if for any reason a voting precinct is not established and opened for a militia district, city ward or precinct area, then the precinct file for such militia district, city ward or area for which a voting precinct is not opened shall be delivered by the County Registrar to the managers of an adjoining militia district, city ward or precinct area, and electors shall be permitted to vote at the militia district, city ward or precinct area to which such precinct file is sent. Population. Section 2. Be it further enacted that all laws and parts of laws in conflict with this law be, and the same are, hereby repealed. Approved March 20, 1943.

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YEAR'S SUPPORTCONVEYING AND ENCUMBERING. No. 56. An Act To Amend an Act of the General Assembly of the State of Georgia, approved March 12, 1937, so as to further provide the method of obtaining leave to sell property set apart as a year's support and in which minor children have an interest; 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 the Act of the General Assembly of the State of Georgia, approved March 12, 1937, wherein is set out the method for obtaining leave to sell real estate set apart as a year's support and in which minor children have an interest, be amended by adding immediately after the first sentence in said Section 4, the following: Act of 1937 amended. If the widow not be in life, such application may be made by the guardian of any one or more of the children for whose benefit the year's support was set apart.; Addition to Section 4. so that the said section, when amended, will read as follows: Section 4. The approval of the ordinary required by the preceding section shall be obtained in the following manner: The widow shall make application in writing, under oath, to the ordinary, stating the purpose or purposes of the proposed conveyance or encumbrance, describing the property she desires to convey or encumber, the nature of the proposed conveyance or encumbrance, and the names and ages of the children for whose benefit the year's support was set apart. If the widow not be in life, such application may be made by the guardian for any one or more of the children for whose benefit the

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year's support was set apart. Thereupon, the ordinary shall set a date for hearing on the application and appoint a guardian ad litem to represent the minor beneficiaries, who shall accept the appointment in writing. Service shall be made by publishing notice of the date and purpose of the hearing once in the newspaper in which sheriff's sales for said county are advertised and posting a copy of the notice at the court house not less than 10 days prior to the date set for such hearing. Objections, if any, shall be made in writing. At the hearing, the ordinary shall satisfy himself that service has been made as required by this section and that the purpose or purposes of the proposed conveyance or encumbrance are proper, and shall, when so satisfied, pass an order reciting due compliance with the provisions of this section and approval of the proposed conveyance or encumbrance, which order shall be final and conclusive. An appeal shall lie to the Superior Court in the manner, under the restrictions, and with the effect provided for appeals from the ordinary in other cases. The ordinary may act upon such application in vacation or in term time. The proceedings shall be indexed and recorded in books to be kept for that purpose by the Ordinary in each county in which any of the property is located. The ordinary shall receive the same fees as for like services in other matters of a similar nature, provided that the total cost of any one proceeding shall not exceed five ($5.00) dollars. The cost shall be chargeable to the year's support property when the application is approved. Sec. 4 as amended. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 13, 1943.

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TITLE VII. EDUCATIONSCHOOLSUNIVERSITY SYSTEM. ACTS. Athletic ContestsAdmission Tickets. Boards of EducationElection in Certain Counties. Board MembersElected from Districts. County School SuperintendentCompensation. Georgia Training School for GirlsNegro DivisionMaintenance. Parental Schools Created. Scholarships for Medical Students. School Funds Supplemented in Certain Counties. State Board of EducationReorganization. State School SuperintendentCompensation. Teachers Retirement System. University System RegentsReorganization. Vocational Education. ATHLETIC CONTESTSADMISSION TICKETS. No. 432. An Act to regulate the sale of admission tickets to athletic contests of the colleges in the university system of Georgia; to provide that no ticket shall be sold for more than the amount printed on the face of the ticket; to provide that said tickets may be sold only at the places and in the manner designated by the proper athletic authorities of the college issuing said ticket; 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 it shall be unlawful for any admission ticket to any athletic

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contest of any college of the University Sylstem of Georgia to be sold for a price in excess of the price printed on the face of the ticket. Unauthorized price. Section 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act it shall be unlawful to sell any admission ticket to any athletic contest of the colleges of the University System of Georgia at any place or in any manner, except at such places and in such manner, as may be designated by the proper athletic authorities of the college issuing said ticket. Unauthorized sale. Section 3. Any person, firm or corporation violating any of the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Violation a misdemeanor 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 20, 1943. BOARDS OF EDUCATIONELECTION IN CERTAIN COUNTIES. No. 227. An Act to set up the method of electing members of County Boards of Education, in all Counties in the State of Georgia having a population of not more than four thousand seven hundred and thirty (4730) and not less than four thousand seven hundred and twenty (4720) according to the Federal Census of 1940 and all other future Federal Censuses; to set up an effective date of this act, to provide the date of election of the members of said County Boards of Education; and for other purposes.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That from and after the passage of this act, the members of the County Board of Education in all Counties in the State of Georgia, having a population of not more than four thousand seven hundred and thirty nor less than four thousand seven hundred and twenty according to the Federal Census of 1940 and all future Federal Censuses, shall be elected, one from each militia district of said County. A candidate for membership on the board of education in said counties, shall reside in the militia district from which he is elected and only the registered qualified voters in each militia district shall be qualified to vote for the member of the County Board of Education from said district. Said election shall be held at the voting place in each militia district that is the voting place in said district for the election of members of the General Assembly. Population. Candidates. Section 2. This Act shall take effect immediately upon the passage and approval of the same. Within fifteen days after the passage and approval of this act the County Commissioners of said Counties shall call an election to be held in said Counties thirty days after the call of said election; Said call shall be advertised once a week for four weeks in the newspaper that Sheriff's advertisement for sale of property appear and shall state, the day of the election, the final date a candidate shall qualify for said election, and the hours of opening and closing of the polls. Election. Section 3. The terms of the members of said County Boards of Election shall be four years, and until their successors in office are duly elected and qualified. Terms. Section 4. Be it further enacted that all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Approved March 3, 1943.

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BOARD MEMBERS ELECTED FROM DISTRICTS. No. 325. An Act to provide that in all counties of the State having a population of not less than 11,300, nor more than 11,305, according to the official United States Census of 1940, or any future census, the Board of Roads and Revenues shall divide the county into five districts; to provide that one member of the Board of Education shall be elected from each district; to provide that candidates for the Board of Education shall be voted on only by the voters of that particular district qualified to vote for Members of the General Assembly; that the Ordinary of the county shall call an election not less than 30 days nor more than 60 days from the passage of this Act; to provide that the ordinary shall declare the results of said election; 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 in all counties of this State having a population of not less than 11,300 nor more than 11,305, according to the official United States Census of 1940, or any future census, the Board of Commissioners of Roads and Revenues shall divide the counties into five districts, the boundaries of said districts to be determined by said Board of Commissioners of Roads and Revenues of the county. Population. Districts. Section 2. That one member of the Board of Education shall be elected from each district, and only the voters of the particular district qualified to vote for members of the General Assembly shall be entitled to vote upon candidates qualified to run for election from that particular district. Member from each district. Section 3. That the Ordinary of the county shall call an election not less than 30 days nor more than 60 days from

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the passage of this Act, and that the results of said election in each district shall be declared by said Ordinary. Election. Section 4. That all laws or parts of laws conflicting with the provisions of this Act be, and the same are hereby repealed. Approved March 15, 1943. COUNTY SCHOOL SUPERINTENDENTCOMPENSATION. No. 222. An Act to provide for the minimum compensation to be paid County School Superintendents by County Boards of Education in Counties having a population between 7,680 and 7,695, and to provide that such compensation shall be in addition to that paid by the State out of the School funds of Georgia, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after passage of this Act the County Board of Education in Counties having a population of not less than 7,680 and not more than 7,695 according to the last official census of the United States, shall pay a minimum salary of not less than fifty ($50.00) dollars per month to the County School Superintendent. This salary to be paid in addition to the compensation paid out of the school funds of Georgia. Population. Compensation. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 3, 1943.

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GEORGIA TRAINING SCHOOL FOR GIRLSNEGRO DIVISIONMAINTENANCE. No. 110. An Act to provide for the maintenance, by the Department of Public Welfare, of the Negro Division of the Georgia Training School for Girls, created by the Act approved March 31, 1937, located in Bibb County, Georgia; and to repeal conflicting laws. Section 1. Be it hereby enacted by the General Assembly of Georgia that the Governor as Director of the Budget and the Budget Commission are hereby authorized to support and maintain the Colored Division of the Georgia Training School for Girls, created and established by the Act approved March 31, 1937, and located in Bibb County, Georgia, out of any funds which may be available from the State Department of Public Welfare, and out of any other funds which might be available for the purpose in the discretion of the Budget Commission. Maintenance. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 18, 1943. PARENTAL SCHOOLS CREATED. No. 203. An Act to authorize Boards of Education of cities or counties of a population in excess of three hundred thousand to establish and operate schools on a twenty-four hour basis and to pay the cost thereof; to provide for the assignment of children to such schools; to provide for the utilization by such boards of education of other facilities

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for this purpose; 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 the authority of the same that boards of education of cities or counties having within their limits a population of three hundred thousand, according to the last or any future census, may out of the funds received by them from any source not otherwise allocated by law build, lease or otherwise acquire and maintain and operate a school or schools for the instruction, board and housing on a twenty-four-hour basis of children of school age of the classes hereinafter defined, such a school being herein termed a parental school. In any such county, the county and city boards of education may establish and operate such a school or schools jointly under an equitable division of cost and authority, to be determined by such boards; or they may each establish and operate such schools separately. Population. Parental school. Section 2. Children may be assigned to such a parental school: Children assigned. (a) When the child so deports himself or is in such condition or surroundings, or under such improper or insufficient guardianship or control as to endanger the morals, health and general welfare of such child, or interfere substantially with his education in the regular schools. (b) Where the child is so mentally defective, or so delinquent, or so neglected, as to make it advisable for his welfare and the welfare of the community that he be assigned to a parental school. Section 3. Assignment of a child to a parental school shall be made by the Judge of the Juvenile Court having jurisdiction over such child, upon the recommendation of the Superintendent of Schools, and dismissal of a child

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from such a school shall likewise be made by such a judge with or without the recommendation of the Superintendent. Assignment of child. Section 4. Whenever the Superintendent of Schools determines that a child falls within one or more of the above named categories, he may cause the matter to be brought before the Juvenile Court of the County of the Child's residence, and that Court shall hear the case de novo and shall determine whether on the basis of all the facts before him the child shall be so assigned. In making such determination the court may consider any evidence deemed pertinent and is not confined to the rules of evidence in regular courts of law. The same procedure shall be followed for dismissal of a child from such a school. Any such determination by the Juvenile Court shall not be thereafter admissible in any other judicial proceedings, civil or criminal, except a proceeding to carry out or enforce the terms of this Act; and shall be without prejudice of any character to such child. Any decision of the court shall be subject to certiorari as elsewhere provided by law. Procedure. Section 5. Where agreeable to the respective boards having authority, a part or all of the cost of maintaining any pupil or pupils at such parental school may be borne by the County Department of Public Welfare, or by any public or private welfare agency, or from other funds of the city or county appropriated for such purpose. Such school or schools shall be operated under the management and under rules established by the board or boards of education having jurisdiction, and they may maintain for such school or schools adequate psychiatric, social and clerical services, and an attendance staff, as well as other educational facilities and faculty deemed proper and advisable. Maintenance. Section 6. Such board or boards of education are authorized to utilize any state or local school agency or institution for the care of such children which, in the judgment

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of such board or boards of education, qualifies as being proper for this purpose; and where in the case of a state institution the regular quotas of any such county or city may be already exhausted, such board or boards are authorized to finance the whole or any part of the additional expense required to maintain such child at any such institution out of any funds available. Section 7. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 1, 1943. SCHOLARSHIPS FOR MEDICAL STUDENTS. No. 417. An Act to encourage physicians to practice medicine in small towns and rural communities which need them; to create scholarships to be given students at the University of Georgia School of Medicine upon the condition that they live and practice for four years in such communities; to provide for the cancellation of the licenses to practice medicine of any person who receives such scholarship and does not comply with the condition or return the money, and making exception for graduates serving in World War Number Two and authorizing the Board of Regents to make rules for the return of money where the student fails to graduate; and authorizing the budget authorities of the State of Georgia to make an allocation from the State Emergency Fund to the Regents for said scholarships; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. The Regents of the University System of Georgia shall establish a scholarship to the University of

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Georgia School of Medicine for each senatorial district in the State. This scholarship shall be given each year to some student from the senatorial district unless the Regents or some agency designated by the Regents finds that no applicant in the district is qualified. The scholarship from each district shall be in the amount of $1,000.00 and shall be used as the Regents shall direct during the four years that the student is enrolled in the school of Medicine. Each student granted such scholarship shall agree to live and practice medicine for four years after graduation and internship in some county designated by the Board of Regents. The Board shall select counties having no resident physician or having an insufficient number of physicians. Scholarships. Practice. Section 2. Any person who receives one of these scholarships and willfully fails within one month of graduation from the University of Georgia School of Medicine to establish residence and begin the practice of medicine in the county designated by the Board of Regents or who fails to remain and continue to practice for at least four years shall forfeit his licenses to practice medicine unless with the consent of the Regents he repays the thousand dollars with interest to the Regents within one month after graduation or after ceasing to live or ceasing to practice in the county, provided that this provision shall be suspended as to graduates serving in the Armed Forces of the United States for the duration of World War Number Two and provided that the graduate in whose favor this provision is suspended shall be obligated to comply with this provision in every respect at the earliest possible date after demobilization. The State Board of Medical Examiners after notice and hearing shall revoke and cancel the license of any person who has received a scholarship and has failed to comply with the condition in the preceding sentence, subject to the exception made therein. The Board of Regents shall prescribe rules for the return of the total amount of the scholarship

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or any part thereof where a student withdraws, or is dismissed, or otherwise fails to graduate from the University of Georgia School of Medicine. Failure to practice. Suspension of license. Section 3. The budget authorities of the State of Georgia are hereby authorized to make an allocation to the Regents of the University System of Georgia from the State Emergency Fund to finance these scholarships if during the present war emergency the financial condition of the state warrants this allocation. Allocation. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1943. SCHOOL FUNDS SUPPLEMENTED IN CERTAIN COUNTIES. No. 39. An Act to amend an Act approved July 22, 1929 (Ga. Laws 1929, p. 225), as amended by an Act approved August 27, 1931 (Ga. Laws 1931, p. 134), which said Act as heretofore amended provides for supplementing the funds of the County Board of Education of all counties having a population of not less than 200,000 by payments from funds in the treasury of such counties derived from any source other than from taxation, by making it clear that said Act applies to all counties in the State having a population of not less than 200,000 by the last or any future census of the United States, by providing for the payment of such sums in equal monthly installments, and by adding a new section to said Act as heretofore amended so as to provide for future supplementing said funds of the County Board of Education in all such counties by additional payments out of the

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same sources for the purpose of paying additional salaries to school teachers. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. The Act approved July 22, 1929 (Ga. Laws 1929, p. 225) as amended by the Act approved August 27, 1931 (Ga. Laws 1931, p. 134), which Act as amended directed the board of commissioners of roads and revenues of all counties in the State of Georgia having a population of not less than 200,000 upon the request of the county board of eductaion, to pay over to the county board of education any sums not to exceed $240,000.00 annually out of any funds in the treasury of said county derived from any source other than from taxation, and which said Act provided the method by which said funds should be handled and the purpose for which they should be expended, is hereby amended by inserting the word and number Section 1. before the body of said Act; by inserting the words by the last or any future census of the United States after the words having a population of not less than 200,000 and before the words is hereby directed; by inserting a comma and the words in equal monthly installments, after the words not to exceed $240,000.00 annually, and before the words out of any funds in the treasury; by striking the word education in the last sentence of said Act and inserting in lieu thereof the word educational, so that said section as amended will read as follows: Ga. Laws, 1929, p. 225, 1931, p. 134, amended. Population. Section 1. The board of commissioners of roads and revenues of each county in the State of Georgia having a population of not less than 200,000 by the last or any future census of the United States, is hereby directed upon the request of the county board of education to pay over to the county board of education of such county any sums not to exceed $240,000.00 annually, in equal monthly

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installments, out of any funds in the treasury of the said county, which shall have been derived from any source other than from taxation. Such funds when paid to the county board of education shall become part of the county school fund and may be used by the board of education for paying teachers' salaries, buying or renting lots and buildings for school purposes, purchasing or building school buildings, maintaining school property, or for any other educational purpose not inconsistent with the laws of this state. As amended. Section 2. Said Act as amended, described in Section 1 hereof, is further amended by adding thereto a new section to be known as Section 2 as follows: Section 2. The board of commissioners of roads and revenues of any such county having a population of not less than 200,000 by the last or any future census of the United States is hereby directed upon the request of the county board of education to pay over to the county board of education of such county, in addition to the amount provided for in Section 1, an additional amount not to exceed $180,000.00 annually in equal monthly installments, beginning with the month of January, 1943, out of any funds in the treasury of said county which shall have been derived from any source other than taxation. Said additional funds when paid to the county board of education under the provisions of this section shall become a part of the county school fund, but shall be used by the board of education exclusively for the purpose of paying salaries to school teachers in the employ of said board of education. The additional amount herein provided for shall be used exclusively for the purpose of paying salaries to school teachers in the employ of the County Board of Education for the months of July and August in each year, and there shall be no reduction in the amount of salaries paid them in any

Page 636

other months on account of said payments in said two additional months, it being the purpose of this law to provide said additional funds so that the said teachers may draw salaries for each of the twelve months of the year. New section. Additional funds. School teachers' salaries. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 12, 1943. STATE BOARD OF EDUCATIONREORGANIZATION. No. 3. An Act to reorganize the State Board of Education by abolishing the present Board and by providing for a new Board; to provide for the membership, appointment, qualification, term of office, tenure, filling of vacancies, powers and duties of the new State Board of Education; to revise the laws relative to the State Board of Education; to amend those portions of Section 1 of the Act of the General Assembly, approved February 10, 1937 (Georgia Laws 1937, page 864) relating to the State Board of Education, its creation, members, appointment, terms of office and vacancies, so as to conform to this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present State Board of Education is hereby abolished. Board abolished. Section 2. A new State Board of Education is hereby created. New Board created. Section 3. The State Board of Education, hereby created, shall be composed of one member from each Congressional

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District in this State, who shall be appointed by the Governor, by and with the advice and consent of the Senate. The Governor shall not be a member of the State Board of Education. The said State Board of Education provided for by this Act shall have the powers and duties now provided by law for the State Board of Education, and such as may be hereafter provided; and shall be subject to all provisions of law with respect to the State Board of Education, not inconsistent with this Act. Members. Powers. etc. Section 4. The first State Board of Education appointed hereunder shall hold office as follows: two for three years; four for five year; and four for seven years. All of said terms shall date from January 1, 1943. The Governor in making said appointments shall designate the holders of the respective terms. Successors to persons so appointed shall hold terms of office of seven years from the expiration of the previous term. All members of the Board appointed for a first or succeeding full term shall hold office until their successors are appointed and qualify. Any appointment of a member of the Board for a full term, made when the Senate is not in session, shall be effective until the same is acted on by the Senate. Tenure. Section 5. In case of a vacancy on said Board, by death or resignation, or from any other cause other than such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session, to the end of that session, and such election shall be effective for such interim. During such session of the General Assembly, the Governor shall appoint the successor member of the Board for the unexpired term and submit his name to the Senate for confirmation. Vacancies. Section 6. That the portion of Section 1 of the Act of

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the General Assembly, approved February 10, 1937 (Georgia Laws 1937, page 864) relating to the State Board of Education, its creation, members and appointment as set forth in the 1933 Georgia Code, Annotated, Supplement Section 32-401, be, and it is, hereby amended by striking the same in its entirety and substituting therefor section 3 of this Act. 32-401 stricken. Section 7. That the portion of Section 1 of the Act of the General Assembly, approved February 10, 1937 (Georgia Laws 1937, page 864) relating to the State Board of Education and terms of office of members as set forth in the 1933 Georgia Code, Annotated, Supplement Section 32-402 be, and it is, hereby amended by striking the same in its entirety and substituting therefor Section 4 of this Act. 32-402 stricken. Section 8. That the portion of Section 1 of the Act of the General Assembly, approved February 10, 1937 (Georgia Laws 1937, page 864) relating to the State Board of Education and vacancies, how filled, as set forth in the 1933 Georgia Code, Annotated, Supplement Section 32-403 be, and it is, hereby amended by striking the same in its entirety and substituting therefor Section 5 of this Act. 32-403 stricken. Section 9. Nothing in this Act shall be construed as repealing those provisions of the Act of the General Assembly, approved February 10, 1937 (Georgia Laws 1937, pages 864-869) as amended by Georgia Laws 1941, page 568), as set forth in the 1933 Georgia Code, Annotated, Supplement Sections 32-404, 32-405, 32-406, 32-407, 32-408, 32-409, 32-410, 32-411, 32-412, 32-413, 32-414, 32-415, 32-416, 32-504, 32-511, relating to the State Board of Education, eligibility for membership, oath, meeting for organization, officers, meetings, per diem and mileage for members, rules and regulations for supervision of schools; courses of study; curriculum revision, administration of school funds, estimate of funds needed, control of employees,

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set aside funds for maintenance of Department, powers of old Board, acceptance of funds appropriated by Congress, meeting terms of grants, appeals to State Board; standard requirements for college, certificate for charter, gifts, compensation or remuneration from school book house to member or appointee forbidden; State Superintendent of Schools as executive Secretary of the State Board of Education, and compensation as Secretary of the Board, but all of said provisions of law, and all other existing provisions of law relating to the State Board of Education, not inconsistent with this Act, shall remain of full force and effect, and shall apply to the new State Board of Education hereby created. Code sections not repealed. Section 10. Should any section or sections of this Act be declared unconstitutional the remaining sections shall remain of force and effect. Invalid parts. Section 11. This Act shall take effect immediately on its passage and approval by the Governor. Section 12. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved January 25, 1943. STATE SCHOOL SUPERINTENDENTCOMPENSATION. No. 126. An Act to fix the compensation of the State Superintendent of Schools in his capacity as executive secretary of the State Board of Education and the administration officer of the State Department of Education, and repealing an Act approved February 6, 1941, so fixing said compensation; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the 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 four thousand ($4,000) 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. Salary. Section 2. This Act hereby specifically repeals the provisions of the Act approved February 6, 1941, (Ga. Laws, 1941, page 573) which fixed said compensation at a sum of three thousand dollars ($3,000) per annum. Repeal of old salary. Section 3. All other laws and parts of laws in conflict with this Act are also hereby repealed. Approved February 22, 1943. TEACHERS RETIREMENT SYSTEM. No. 373. An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; 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:

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Section 1. Definitions. The following words and phrases as used in this Act, unless a different meaning is plainly required by the context, shall have the following meanings: Words defined. (1) Retirement System shall mean the Teachers' Retirement System of Georgia as defined in Section 2 of this Act. (2) Board of Trustees shall mean the board of trustees as provided for in Section 6 of this Act to administer the retirement system. (3) Public School shall mean any day school conducted within the State under the authority and supervision of a duly elected or appointed county or independent board of education. (4) Employer shall mean the State of Georgia, the county or independent board of education, the State Board of Education, the Board of Regents of the University System of Georgia, or any other agency of and within the State by which a teacher is paid. (5) Teacher shall mean any person employed not less than half time in the public day schools as a classroom teacher, or in the supervision of the public schools, or any employee of the State Board of Education employed in a teaching or supervisory capacity or any bona fide teacher or supervisor of teachers employed in any school operated by the State Department of Education, or any teacher or supervisor of teachers employed and paid by the Board of Regents of the University System of Georgia and all nonclerical personnel of the Agricultural Extension Service of the University of Georgia. The word teacher shall include school librarians, and administrative officials who supervise teachers, and shall include Registrars of each unit of the University System, and shall include Secretary and Treasurer of the Board of Regents. The Board of Trustees shall determine in doubtful cases whether any person is a teacher,

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as defined in this Act. In the event the Georgia Education Association and any fulltime employee thereof requests the Board of Trustees to permit the Association as employer and such employee to make contributions as herein defined to provide retirement benefits for such employee, the Board may permit such employee to come under the operation of this Act as a teacher but the State shall make no contributions on account of such employee. The word teacher shall not be deemed to include any emergency or temporary employee. (6) Member shall mean any teacher included in the membership of the retirement system as provided in Section 3 of this Act. (7) Service shall mean service rendered as a teacher and paid for by the State or other employer. (8) Prior service shall mean service rendered prior to July 1, 1943, for which credit is allowable as provided in Section 4 of this Act. (9) Membership service shall mean service as a teacher rendered while a member of the retirement system for which credit is allowable as provided in Section 4 of this Act. (10) Creditable service shall mean prior service plus membership service. (11) Regular interest shall mean interest compounded annually at such a rate as shall be determined by the Board of Trustees in accordance with Section 6, Subsection (14) of this Act. (12) Accumulated contributions shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the annuity savings fund, together with regular interest thereon, as provided in Section 8, Subsection (1), of this Act.

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(13) Earnable compensation shall mean the full rate of regular compensation, excluding any part of compensation in excess of three thousand dollars per annum, payable to a member teacher for his full normal working time; in cases where compensation includes maintenance, the Board of Trustees shall fix the value of that part of the compensation not paid in money. (14) Average final compensation shall mean the average annual earnable compensation of a teacher during the last five years of credited service, or, if he has had less than five years of creditable service, his average annual earnable compensation during his total creditable service. (15) Annuity shall mean annual payments for life derived from the accumulated contributions of a member. (16) Pension shall mean annual payments for life derived from contributions of the State or other employer. (17) Retirement allowance shall mean the sum of the annuity and the pension, or any optional benefit payable in lieu thereof as provided in Section 5, Subsection (8), of this Act. All retirement allowances shall be payable in equal monthly installments; except that the Board of Trustees may pay, in lieu of a retirement allowance of less than ten dollars per month, a lump sum equivalent actuarial value. (18) Retirement shall mean withdrawal from service with a retirement allowance granted under the provisions of this Act. (19) Beneficiary shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this Act. (20) Annuity reserve shall mean the present value of all payments to be made on account of an annuity, or benefit in lieu of an annuity, computed at regular interest upon

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the basis of the mortality tables adopted by the Board of Trustees. (21) Pension reserve shall mean the present value of all payments to be made on account of a pension, or benefit in lieu of a pension, computed at regular interest upon the basis of the mortality tables last adopted by the Board of Trustees. (22) Actuarial equivalent shall mean a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted by the Board of Trustees. (23) Local retirement fund shall mean any teachers' retirement fund or other arrangement for the payment of retirement benefits to teachers, maintained during the calendar year 1943 wholly or in part by contributions made by an employer as defined by this Act, exclusive of the system created by this Act. (24) Commencement date shall mean January 1, 1945, or as soon thereafter as the Board of Trustees shall determine, for the commencement of contributions by the state, by employers and by members, for the annuities and pensions provided by this Act. Section 2. Name of Establishment. A retirement system is hereby established and placed under the management of the Board of Trustees for the purpose of providing retirement allowances and other benefits under the provisions of this Act for teachers of the State of Georgia. It shall have the power and privileges of a corporation, the right to sue and be sued, to implead and be impleaded, and shall be known as the Teachers Retirement System of Georgia, and by such name all of its business shall be transacted, all of its funds invested and all of its cash and securities and other property held. Name.

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Section 3. Membership. (1) Any person who becomes a teacher after January 1, 1944, shall become a member of the retirement system as a condition of his employment, except as herein otherwise provided. Members. (2) Any person who was a teacher on January 1, 1943, or becomes a teacher prior to January 1, 1944, shall become a member unless prior to January 1, 1944, he files with the Board of Trustees on a form provided by the Board a notice of his election not to be included in the membership of the system and a duly executed waiver of all present and prospective benefits which would otherwise accure to him by participating in the system. Such a teacher who elects not to become a member may thereafter apply for and be admitted to membership, but without credit for service rendered after July 1, 1943, and prior to the time he becomes a member, and without prior service credit. (3) A teacher otherwise eligible shall be classified as a member only while he is in the service of an employer not operating a local retirement system. (4) The membership of any member shall terminate if he dies, retires under this retirement system, or withdraws his contributions, or if in a period of three consecutive years after becoming a member he renders less than one year of service, of if after he becomes a member he is employed by an employer operating a local retirement fund. Notwithstanding the foregoing, the Board of Trustees may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved in advance by the Board of Trustees, or if he ceases to be a member by reason of illness preventing him from rendering service for as much as one year in a period of three consecutive years, or if the failure of such teacher to render service for the required time is due to absence on maternity leave. No benefit under the retirement system other than the payment of

Page 646

the contributions of such a teacher with allowable interest credits shall become payable to him or on his account while he is not in service as a teacher and no contribution, shall be made to this system by the State or other employer by reason of his service during any such time, except as herein otherwise provided. Termination. Armed Service. Maternity leave. Section 4. Creditable Service. (1) The Board of Trustees shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to one year of service, but in no case shall more than one year of service be creditable for all service in one calendar year. Service rendered for a regular school year shall be equivalent to one year's service. Service. (2) Under such rules and regulations as the Board of Trustees shall adopt, each member who was a teacher at any time during the calendar year 1943 shall file a detailed statement of all service as a teacher rendered by him prior to July 1, 1943, for which he claims credit. In the event any person who would otherwise have qualified under this Sub-section shall be on leave in the armed forces of the United States, any such person shall have until six months after termination of his military service to qualify under the provisions hereof. Upon verification of such statement of service, the Board of Trustees shall issue a prior service certificate certifying to the member the period of service prior to July 1, 1943 with which he is credited on the basis of his statement of service, and certifying the amount of his prior service accumulations as defined in Sub-section (3) of this Section 4. So long as membership continues a prior service certificate shall be final and conclusive for retirement purposes as to such service; provided, however, that a member may, within one year from the date of issuance or modification of such certificate, request the Board of Trustees to modify or correct his prior service certificate.

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When membership ceases, such prior service certificate shall become void. Prior service. (3) The prior service accumulations of a member shall be equal to the amount of the contributions he would have made had the retirement system been in operation, together with regular interest thereon to July 1, 1943, at the rate of regular interest in effect on that date, if he had made contributions during his prior service with respect to his earnable compensation as defined in Section 1, Subsection (13), including service in a school system in this State which operates or operated a local retirement fund. In determining the earnable compensation of any member for the years of his prior service, the Board may use, in lieu of the compensation received by the member during his prior service, the rates of compensation which, if they had progressed during such prior service in accordance with the tables adopted by The Board as provided in Section 6, Subsection (14) of this Act, would have resulted in the same average final compensation on July 1, 1943, as the records show the member received. (4) Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of the membership service rendered by him since he last became a member after the commencement date, and, if he has a prior service certificate in full force and effect, the amount of the service certified on his prior service certificate. Section 5. Benefits, Service Retirement Benefit. (1) (a) Any member in service may retire on a service retirement allowance upon written application to the Board of Trustees setting forth at what time, not less than thirty days nor more than ninety days subsequent to the execution and filing thereof, he desires to be retired, provided the member at the time so specified for retirement has attained age sixty and notwithstanding that during such period of notification he may have separated from service. Application. 60 years of age.

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(b) Any member in service who on the commencement date has attained age seventy or who thereafter attains age seventy shall be retired forthwith on a service retirement allowance; except that with the approval of his employer he may remain in service until the end of the school year. Upon the recommendation of the employer and approval by the Board of Trustees a member may be continued in service for a period of one year following each such recommendation and approval, but not beyond June 30, 1949. 70 years of age. Allowance on Service Retirement. (2) Upon service retirement a member shall receive a service retirement allowance which shall consist of: Allowance. (a) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and, (b) A pension equal to the annuity allowable at age sixty computed on the basis of his contributions made prior to the attainment of age sixty. (c) If he has a prior service certificate in full force and effect, and additional pension which shall be equal to the annuity which would have been provided at age sixty by twice the amount of his prior service accumulations as defined in Section 4, Subsection (3), of this Act, with regular interest thereon as from time to time in effect from the commencement date to his attainment of age sixty. Disability Retirement Benefit. (3) Any member in service may be retired by the Board of Trustees on a disability retirement allowance upon written application to the Board of Trustees made by such member or by his employer, not less than thirty days nor more than ninety days subsequent to the execution and filing thereof, provided such member has fifteen or more years of creditable service, and provided the Medical Board, after a medical examination of such member, shall certify that he is mentally or physically

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incapacitated for the further performance of duty, that such incapacity is likely to be permanent and that he should be retired. Disability benefit. Allowance on Disability Retirement. (4) Upon disability retirement a member shall receive a service retirement allowance if he has attained age sixty, otherwise he shall receive a disability retirement allowance which consist of: (a) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement. (b) A pension equal to seventy-five per centum of the pension that would have been payable upon service retirement at age sixty had he continued in service to age sixty without further change in compensation. Re-examination of Beneficiaries Retired on Account of Disability. (5) Once each year during the first five years following retirement of a member on a disability retirement allowance, and once in every three-year period thereafter, the Board of Trustees may require a disability beneficiary who has not yet attained age sixty to undergo a medical examination, such examination to be made at his place of residence or other place mutually agreed upon, by a physician or physicians designated by the Medical Board, and such a beneficiary may himself request such an examination. Should any disability beneficiary who has not yet attained age sixty refuse to submit to such medical examination, his pension may be discontinued by the Board of Trustees until his withdrawal of such refusal, and should his refusal continue for one year all his rights in and to his pension may be revoked by the Board of Trustees. Should the Medical Board report and certify to the Board of Trustees that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his retirement allowance and his average final compensation, the Board of Trustees may reduce his pension to an amount

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which, together with his annuity and the amount earnable by him, equals his average final compensation. Should his earning capacity be later changed, the amount of his pension may be further modified; provided that the new pension shall not exceed the amount of the pension originally granted nor an amount which, when added to the amount earnable by him together with his annuity, equals his average final compensation. Medical examination. Restoration of Beneficiaries to Membership. (6) If a beneficiary is restored to service and receives annual compensation of not less than his average final compensation, his retirement allowance shall cease, and he shall again become a member of the retirement system and contribute thereafter. Anything in this Act to the contrary notwithstanding, any prior service certificate on the basis of which his creditable service was computed at the time of his retirement shall be restored to full force and effect, and upon his subsequent retirement he shall be credited with all his service as a member, but should he be restored to service on or after the attainment of age fifty his pension upon subsequent retirement shall not exceed the sum of the pension which he was receiving immediately prior to his last restoration to membership and the pension payable in respect to his service since his last restoration to membership. Restoration. Return of Contributions. (7) If a member ceases to be a teacher other than by death or by retirement under this retirement system, the amount of his contributions to this retirement system shall be payable to him upon his request, with no interest credits thereon if he has less than five years of membership service or with three-quarters of the regular interest credited thereon to the time he ceases to be a member, if he has five or more years but less than fifteen years of membership service, or with the full regular interest thereon to the time he ceases to be a member if he has fifteen years or more membership service. If a member dies, the

Page 651

amount of his accumulated contributions, with interest credits thereon, according to his length of service as in this subsection specified, shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees; otherwise, to the member's estate. Return of contributions. Optional Allowances. (8) Until the first payment of any member's retirement allowance becomes normally due, he may elect to convert the retirement allowance, otherwise payable to him, into a modified retirement allowance of equivalent actuarial value in accordance with one of the optional forms named below; provided, however, that if he dies within thirty days after retirement, his optional election shall not be effective, and he shall be considered to be a member in actual service at the time of his death. Optional allowances. Option 1. A reduced retirement allowance payable during the life of the retired member, with the provision that if he dies before he has received in payments of his annuity the amount of his accumulated contributions at the time of his retirement, the balance of such amount shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees, otherwise to the retired member's estate. Option 2. A reduced retirement allowance payable during the life of the retired member, with the provision that after his death the reduced retirement allowance shall be continued throughout the life of and paid to the person nominated by him by written designation duly executed and filed with the Board of Trustees at the time of his retirement. Option 3. A reduced retirement allowance payable during the life of the retired member, with the provision that after his death one half of the reduced retirement allowance shall be continued throughout the life of and paid to

Page 652

the person nominated by him by written designation duly executed and filed with the Board of Trustees at the time of his retirement; or, Option 4. A reduced retirement allowance payable during the life of the retired member, with the provision that upon his death some other benefit shall be payable; provided, that the total value of the retirement allowance payable during his life and the succeeding benefit shall be computed to be of equivalent actuarial value to the retirement allowance which he would receive without optional modification and provided that the benefit shall be approved by the Board of Trustees. Time When Service Benefits Become Effective. (9) No member shall retire or receive benefits under this retirement system prior to the commencement date, but any person eligible for service retirement or disability benefits after January 1, 1943, and prior to the commencement date shall be entitled to the benefits provided by this Act, even though he is not a teacher on the commencement date. Section 6. AdministrationBoard of Trustees. (1) The administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this Act are hereby vested in the Board of Trustees, which shall be organized immediately after a majority of the trustees provided for in this Section 6 have qualified and taken the oath of office. (2) The Board of Trustees shall consist of seven trustees as follows: Trustees. (a) The State Auditor, ex-officio. (b) The State Insurance Commissioner, ex-officio. (c) The Secretary of the Georgia Education Association, ex-officio.

Page 653

(d) One member, a school administrator or a school principal; one member, an employee of the Board of Regents of the University System of Georgia; and, one member, a classroom teacher not an employee of said Board of Regents. The members referred to in this paragraph shall be elected for a term of three years each by the Assembly of the Georgia Education Association in accordance with such rules as the Board of Trustees shall adopt to govern such election; provided, however, that two of the three members herein referred to shall first be appointed by the State Board of Education, one for a term from the date of appointment to June 30, 1944, and one for a term from the date of appointment to June 30, 1946, and the third member shall be first appointed by the Board of Regents to serve for a term from the date of appointment to June 30, 1945. (e) The seventh trustee shall be a citizen of the State, not a member of the retirement system, who shall be experienced in the investment of moneys and who shall be elected by the remaining six trustees for a term of four years, the first such term to expire June 30, 1947. (3) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term by the remaining trustees. Vacancies. (4) The trustees shall serve without compensation, but shall be reimbursed from the expense fund provided for in Section 8, Subsection (5), of this Act, for all necessary expenses that they may incur through service on the Board of Trustees. Compensation. (5) Each trustee shall, within ten days after his appointment or election, take oath of office that so far as it devolves upon him he will diligently and honestly administer the affairs of the Board of Trustees, and that he will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the retirement system.

Page 654

Such oath shall be subscribed to by the trustee making it and certified by the officer before whom it is taken, and shall be filed immediately in the office of the Secretary of State. Oath. (6) [Illegible Text] trustees at any meeting of the Board of Trustees shall constitute a quorum to transact business. Each trustee shall be entitled to one vote in the Board, and four votes shall be necessary for a decision by the Board. Quorum. (7) Subject to the limitations of this Act, the Board of Trustees may, from time to time, establish rules and regulations for the administration of the funds created by this Act and for the transaction of its business. Rules. (8) The Board of Trustees shall elect from its membership a Chairman and shall elect a Secretary who shall not be one of its members. The Board shall engage such actuarial and other services as shall be required to transact the business of the retirement system. The compensation of all persons engaged by the Board, and all other expenses of the Board necessary for the operation of the system shall be paid at such rates and in such amounts as the Board of Trustees shall approve. Officers. (9) The Board of Trustees shall keep in convenient form such data as shall be necessary for actuarial valuations of the various funds of the retirement system, and for checking the experience of the system. Data. (10) The Board of Trustees shall keep a record of all of its proceedings, which shall be open to public inspection. It shall publish annually a report showing the fiscal transactions of the retirement system for the preceding year, the amount of the accumulated cash and securities of the system, and the last balance sheet showing the financial condition of the system by means of an actuarial valuation of the contingent assets and liabilities of the system. Reports.

Page 655

(11) Legal Advisor. The State Attorney General shall be the legal advisor of the Board of Trustees. Legal advisor. (12) Medical Board. The Board of Trustees shall designate a Medical Board of three physicians not eligible to participate in the retirement system. If required, other physicians may be employed to report on special cases. The Medical Board shall arrange for and pass upon all medical examinations required under the provisions of this Act, and shall report in writing to the Board of Trustees its conclusions and recommendations upon all the matters referred to it. Medical Board. (13) Duties of Actuary. The Board of Trustees shall designate an actuary who shall be the technical advisor of the Board on matters regarding the operation of the funds created by the provisions of this Act, and who shall perform such duties as are required in connection therewith. Actuary. (14) From time to time and at least in every five year period, the actuary shall make an actuarial investigation into the mortality, service and compensation experience of the members and the beneficiaries of the retirement system, and recommend for adoption by the Board of Trustees mortality, service and other tables needed in the operation of the system, and taking into account the results of such investigations the Board from time to time shall adopt for the system such mortality, service and other tables as it shall deem necessary, for use in all calculations required in connection with this system. The Board shall also determine from time to time the rate of regular interest for use in all calculations required in connection with the system, limited to a minimum of 2 per centum and a maximum of 4 per centum, with the rate of 3 per centum applicable until changed by the Board. (15) On the basis of regular interest and the tables last adopted by the Board of Trustees, the actuary shall make

Page 656

annual valuations of the contingent assets and liabilities of the retirement system. Section 7. Management of Funds. (1) The members of the Board of Trustees shall be the trustees of the retirement system, and shall have full power to invest and reinvest such assets, subject to all the terms, conditions, limitations and restrictions imposed upon the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments; and, subject to like terms, conditions, limitations and restrictions, the trustees shall have full power to hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which any of the assets of the system are invested, including the proceeds of any investments and any money belonging to the system. Management of funds. (2) The Treasurer of the Board of Trustees who shall be appointed by the Board, and subject to the rules and regulations of the Board, shall be the Treasurer of the assets of the retirement system. All payments of the funds of the system shall be made by the Treasurer only upon vouchers signed by the Treasurer and countersigned by one other person desgnated by the Board of Trustees. The Treasurer of the Board of Trustees shall furnish the Board of Trustees a surety bond in a company authorized to do business in the State of Georgia in such an amount as shall be required by the Board, the premium to be paid from the expense fund provided for in Section 8, Subsection (5), of this Act; provided that if the Treasurer is a corporate trustee authorized to do business as such under the laws of this State, no such bond shall be required in the discretion of the Trustees. Treasurer. (3) For the purpose of meeting disbursements for pensions, annuities and other payments, there may be kept available cash on deposit in one or more banks or trust companies organized under the laws of the State of Georgia

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or of the United States; provided that the sum on deposit in any one bank or trust company shall not exceed twenty-five per centum of the paid up capital and surplus of each bank or trust company; and provided, that each bank shall give a depository bond in an amount sufficient to cover the deposits or each bank shall place in trust a sufficient amount of Federal or State securities as to cover the deposits. Deposits. (4) Except as otherwise provided in this Act, no trustee or employee of the Board of Trustees shall have any personal interest in the gains or profits from any investment made by the Board, or use in any manner, directly or indirectly, for himself or as an agent, the assets of the retirement system, except to make such payments as are authorized by the Board in accordance with the provisions of this Act. Section 8. Method of Financing. All of the assets of the retirement system shall be credited according to the purpose for which they are held among five funds to be known as the annuity savings fund, the annuity reserve fund, the pension accumulation fund, the pension reserve fund and the expense fund. Method of financing. Annuity Savings Fund. (1) The annuity savings fund shall be the fund in which shall be accumulated the contributions deducted from the compensation of members to provide for their annuities. Contributions to and payments from annuities savings fund shall be made as follows: (a) Each employer shall cause to be deducted from the salary of each member for each and every payroll period after the commencement date five per centum of his earnable compensation, but the employer shall not have any such deduction made from the compensation of a member who elects not to contribute if he has attained age sixty and has completed thirty five or more years of service. In

Page 658

determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period, and it may omit the deduction from compensation for any period less than a full payroll period if a teacher was not a member on the first day of the payroll period, and to facilitate the making of deductions the employer may modify the deductions required of any member but not more than one-tenth of one per-centum of the annual compensation upon the basis of which such deductions are to be made. Each employer shall immediately pay to the Board of Trustees, in such manner as the Board shall prescribe, the amounts deducted which shall be credited by the Board to the individual accounts in the annuity savings fund of the members from whose compensation the deductions were made. Salary deductions. (b) The deductions provided for herein shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided for herein, and payment of salary or compensation less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits provided under this Act. (c) In addition to the contributions deducted from the compensation of members as hereinbefore provided, any member may, subject to the approval of the Board of Trustees and such conditions as the Board may prescribe, redeposit in the annuity savings fund by a single payment or by an increased rate of contribution an amount equal to the total amount which he previously withdrew therefrom as provided in this Act, or any part thereof; or any member

Page 659

may, subject to the approval of the Board and such conditions as the Board may prescribe, deposit therein by a single payment or by an increased rate of contribution an amount computed to be sufficient to purchase an additional annuity which, together with his prospective retirement allowance, will provide for him a total retirement allowance of not more than one-half of his average final compensation at age sixty. Such additional amounts so deposited shall become a part of his accumulated contributions; provided that upon retirement they shall be treated as excess contributions returnable to the member as an annuity of equivalent actuarial value and shall not be considered in computing the pension. Excess contributions. (d) The contributions of a member withdrawn by him, or payable in the event of his death, shall be paid from the annuity savings fund, and any balance of the accumulated contributions standing to the credit of his individual account shall be transferred from the annuity savings fund to the pension accumulation fund. Upon the retirement of a member, his accumulated contributions shall be transferred from the annuity savings fund to the annuity reserve fund. Transfer of funds. (e) Notwithstanding the preceding provisions, no deductions shall be made from a member's salary if the employer's contribution as to such member is in default. In default. Annuity Reserve Fund. (2) The annuity reserve fund shall be the fund in which shall be held the reserves on all annuities in force and from which shall be paid all annuities, and all benefits in lieu of annuities, payable as provided in this Act. Should a beneficiary be restored to membership, his annuity reserve shall be transferred from the annuity reserve fund to the annuity savings fund and credited to his individual account herein. Pension Accumulation Fund. (3) The pension accumulation fund shall be the fund in which shall be accumulated all reserves for the payment of all pensions and other benefits

Page 660

payable from contributions made by employers, as follows: Pension fund. (a) The contributions of employers of members shall consist of a percentage of the earnable compensation of members to be known as the normal contribution, and an additional percentage of such earnable compensation to be known as the accrued liability contribution. The rate per centum of such contribution shall be fixed on the basis of the liabilities of the retirement system as shown by actuarial valuation, as provided for in Section 6, Subsection (15) of this Act. Until the first valuation, the percentage normal contribution rate shall be 2.73 per centum of each member's earnable compensation and the percentage accrued liability contribution rate shall be 4.10 per centum of each member's earnable compensation. (b) The percentage normal contribution rate shall be determined after each actuarial valuation. Until all accrued liability contributions have been completed, the percentage normal contribution rate shall be determined on the basis of regular interest and the tables last adopted by the Board of Trustees, as the uniform and constant percentage of the earnable compensation of the average new entrant member which, if contributed on the basis of his prospective earnable compensation throughout his entire period of active service, would be sufficient to provide for the payment of any pension payable on his account. After all accrued liability contributions have been completed, the normal contribution rate shall be the rate per centum of the earnable compensation of all members obtained by deducting from the total liabilities of the pension accumulation fund the amount of the funds in hand standing to the credit of the pension accumulation fund, and dividing the remainder by one per centum of the present value of the prospective future earnable compensation of all members. Contribution rate. (c) Immediately following the first actuarial valuation,

Page 661

the percentage accrued liability contribution rate shall be computed as the rate per centum of the total earnable compensation of all members which is equivalent to four per centum of the total liability of the pension accumulation fund in excess of the funds in hand standing to the credit of the pension accumulation fund, which is not dischargeable by the normal contributions payable in respect of members during the remainder of their active service. The amount of funds for the credit of each annual accrued liability contribution account shall be at least three per centum greater than the amount placed to the credit of each accrued liability contribution account in the previous year and in no event shall the accrued liability contribution in any year be less than the amount which when combined with the normal contributions and the amount of funds in hand standing to the credit of the pension accumulation fund, will provide all payments and transfers from the pension accumulation fund as required by this Subsection (3) during the year then current. The accrued liability contribution shall be discontinued as soon as the amount of the funds standing to the credit of the pension accumulation fund equals the present value, as actuarially computed, and approved by the Board of Trustees, of the total liabilities of the pension accumulation fund less the present value of the normal contributions to be made at the normal contribution rate then in force in respect of all persons who are at that time members. (d) In addition to the 5% contribution of each member for an annuity savings fund as provided for in Section 8, Subsection (1a), that part of the cost for pensions under this retirement system which is to be borne by appropriation from the State, payable to the Board of Trustees, shall consist of the normal and accrued liability contributions based on the part of the earnable compensation of members payable from State teacher salary funds as provided by law,

Page 662

or from funds of the Board of Regents of the University System of Georgia, or from other funds of the State, at the rates provided in Section 8, Subsection (3a), and the balance of the cost for pensions, consisting of the normal and accrued liability contributions at the rates provided in Section 8, Subsection (3a), based on the part of the earnable compensation of members not payable from State teachers' salary funds or from other funds of the State shall be borne by the employers having contributing members in their employ, and each employer having contributing members in its employ shall pay immediately such contributions to the Board of Trustees, to be credited to the pension accumulation fund. Cost of Pensions. (e) All interest and dividends earned on the funds of the retirement system shall be credited to the pension accumulation fund. Once each year the Board of Trustees shall transfer from the pension accumulation fund to the annuity savings fund, the annuity reserve fund, and the pensian reserve fund, respectively, amounts sufficient to allow regular interest on the balances of the individual accounts of members in the annuity savings fund and to allow regular interest on the mean amounts of the reserves in the annuity reserve fund and the pension reserve fund. Interest. (f) All pensions, or benefits in lieu of pensions, payable to or on account of members entitled to credit for prior service shall be paid from the pension accumulation fund. Upon the retirement of a member not entitled to credit for prior service, an amount equal to his pension reserve shall be transferred from the pension accumulation fund to the pension reserve fund. The Board of Trustees in its discretion may transfer from time to time to the pension accumulation fund the amount of any surplus which may develop in the reserves held in the annuity reserve fund or the pension reserve fund as shown by actuarial valuation, or may transfer from time to time from the pension

Page 663

accumulation fund the amount of any deficit which develops in the reserves held in the annuity reserve fund or the pension reserve fund as shown by actuarial valuation. Prior service. Pension Reserve Fund. (4) The pension reserve fund shall be the fund in which shall be held the reserves on all pensions granted to members not entitled to credit for prior services, and from which such pensions, and benefits in lieu thereof, shall be paid. If a beneficiary receiving a pension from the pension reserve fund is restored to membership, his pension reserve shall be transferred from the pension reserve fund to the pension accumulation fund. If the pension of a disability beneficiary receiving a pension from the pension reserve fund is reduced as a result of an increase in his earning capacity, the amount of the reduction in his pension shall be transferred annually from the pension reserve fund to the pension accumulation fund. Reserve fund. Expense Fund. (5) The expense fund shall be the fund to which shall be credited the State funds provided by an appropriation to pay the administrative expense of the retirement system, and from which shall be paid all expenses incurred in the administration and operation of the system. Expense fund. Appropriation Requests. (6) Thirty days prior to the time the State Board of Education fixes the minimum schedule of teachers' salaries for the ensuing year, the percentage normal and accrued contribution rates as determined on the basis of the last annual actuarial valuation shall be certified by the Board of Trustees to each employer having members in its employ. Each employer, other than the State, having members in its employ shall include in its budget filed with the State Superintendent of schools amounts equal to the contributions on account of contributing members in its employ for the ensuing year. The State Board of Education and the Board of Regents in their estimates submitted to the Governor and General Assembly of the funds necessary

Page 664

for the operation of their respective school systems shall include a request for an appropriation payable to the Board of Trustees in an amount equal to the aforesaid percentages of the part of the earnable compensation of members payable from State teachers' salary or from friends of the Board of Regents or from other state funds and for an additional amount as expense for the operation of the act; provided that the percentage contribution rates for pensions beginning on the commencement date and until changed, as herein provided, shall be as set forth in subsection (3), paragraph (a) of this Section 8. The General Assembly shall make appropriations to the Board of Trustees sufficient to provide for the said contributions equal to the aforesaid percentages as a part of the earnable compensation of members payable from State teachers's salary funds and for the necessary expense to carry out this act. Date of commencement of Contributions. (7) No contributions to the retirement system shall be made by the state, by employers or by members prior to the commencement date, except the contribution of the state for an expense fund to pay the expenses of setting up and operating the retirement system prior to that date. On January 1, 1945, or as soon thereafter as the Board of Trustees shall determine, herein defined as the commencement date, the Board of Trustees shall notify all employers, and the employers shall notify the members, that contributions will commence on said date; and thereupon the provisions of this Act with reference to such contributions will go into effect. In determining the commencement date, the Board of Trustees shall be governed by the money made available by the State to carry this Act into effect. Commencement date. Section 9. Members of Local Retirement Funds. (1) Teachers in the service of an employer operating a local retirement fund shall not be members of the retirement system established in this Act and such teachers shall make

Page 665

no contributions to this retirement system and shall be eligible for pension benefits under this retirement system only as provided in this Section 9. If such a teacher retires under the provisions of his local retirement fund and if at the time of his retirement he would have been eligible for service retirement under the provisions of his retirement system had he been a member, the Board of Trustees shall pay from this system to the managing board of the local retirement fund a pension equal to the pension for membership service which would have been payable under this system in respect of the part of his earnable compensation payable from State funds if such member had been classified as a member of this system immediately prior to the time of his retirement; and, if, as hereafter provided, he has a prior service certificate in full force and effect, the Board shall also pay the pension that would have been payable on account of the prior service accumulations certified thereon; provided that the excess of any such pension payable under this system over the retirement income provided by the local retirement fund by contributions of the employer, shall be payable to the retired teacher, and not to the local retirement fund. It shall be the duty of the employers operating local retirement funds to report to the Board of Trustees annually or at such other intervals as shall be set by the Board, the earnable compensation paid from State funds of each teacher in their employ paid from State funds and such other information as may be needed for establishing the prospective benefit of the member. Local Retirement Funds. (2) Within ninety days prior to January 1, 1944, each employer having a local retirement fund shall report to the board of Trustees a complete list of all teachers in his employ, giving for each such teacher the date of birth, years of service, and salary, showing the amount of such salary which is paid from State funds and such other information as shall be needed by the Board of Trustees in order to establish for each teacher a prior service credit on account of

Page 666

the salary of such teacher paid from State funds, and such Board of Trustees shall then issue to such teacher a prior service certificate which shall continue in force so long as such teacher remains in the employ of such employer, or in the service of an employer not having a local retirement fund, without a break in service which would have resulted in the cancelling of such certificate had the teacher been a member of such system. Should a member of the System enter the employ of an employer operating a local retirement fund, he shall cease to contribute to this retirement system and become subject to the provisions of the local retirement fund but he shall not lose his previous accrued credits in the State Retirement System so long as he continues in the service of such employer, and he shall accrue additional credits on such part of his salary as is paid from State funds. (3) Should a teacher in the service of an employer operating a local retirement fund become a member of this retirement system by entrance into the service of an employer, without a local retirement fund, he shall contribute to the State System while so employed and continue with the previous credits in the State System which he had at the time of becoming a member. (4) Notwithstanding any other provisions of this Act, the actuary in determining the normal and accrued liability contributions, and the Board in setting such contributions and the amount of the appropriaations to be paid by the State to the Pension Accumulation Fund, shall include the liabilities on account of the State compensation paid to teachers in the employ of employers having local retirement funds, and the pension payable from the Pension Accumulation Fund and the Pension Reserve Fund shall include those payable on account of teachers in the service of employers having local funds as provided in this Section.

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(5) If the majority of teachers in the service of an employer operating a local retirement fund vote to discontinue the local retirement fund and the employer approves such discontinuance, the local retirement fund shall be dissolved and its operation discontinued as of a date to be set by the employer. Teachers in the employ of such employer shall thereupon become eligible for membership in this retirement system. Within one year after the dissolution of the local retirement fund, its managing board shall pay to each teacher covered by the local retirement fund the amount, if any, which would have been payable under the local retirement fund as a withdrawal benefit had his employment terminated on the date of dissolution. If the assets of the local fund are not sufficient to make the aforesaid payments in full to or in respect of all teachers, the payments made shall be reduced in the ratio that the amount of such asset bears to the total of such payments if made in full; or if a balance remains after making such payments in full to or in respect of all teachers, such balance shall be paid by the managing board of the local retirement fund to the employer. Upon the dissolution of any local retirement fund, in accordance with this Subsection (5), the employer shall become liable for and shall pay all pensions entered upon and in effect at the time the local retirement fund is dissolved. Local retirement fund discontinued. (6) If any local retirement fund shall be dissolved as herein provided within 6 months after the commencement date, teachers in the service of such employer shall be entitled to become members of this system as of the date of such dissolution, and shall be entitled to prior service credits as herein provided for other members, for service previous to July 1, 1943, and shall be entitled to creditable service after the date of such dissolution. Service credits. (7) Anything in this Section 9 to the contrary notwithstanding, an employer operating a local retirement fund

Page 668

may elect to have benefits payable under this retirement system in respect of earnable compensation in excess of the part of earnable compensation payable from the State funds, and, if the Board of Trustees of this system approves, an actuarial valuation shall be made by the actuary of this system to determine the amount of the additional contribution payable by the employer to provide such additional benefits. Upon agreement of the employer to provide such additional contributions by uniform payments over a period of not more than twenty years, such additional credits shall be allowed the members in the employ of such employer as will result in the payment of such additional benefits at retirement. Section 10. Exemptions From Execution. The right to a pension, an annuity, or a retirement allowance, to the returns of contributions, the pension, annuity or retirement allowance itself, any optional benefit or any other right accrued or accruing to any person under the provisions of this Act, and the moneys in the various accounts created by this Act, are hereby exempt from any State, county or municipal tax, and exempt from levy and sale, garnishment, attachment or any other process whatsoever, and shall be unassignable except as in this Act specifically otherwise provided. Exemptions. Section 11. Protection Against Fraud: Errors. Any person who shall knowingly make any false statements or shall falsify or permit to be falsified any record or records of the retirement system in any attempt to defraud the system as a result of such Act shall be guilty of misdemeanor, and on conviction thereof by any court of competent jurisdiction shall be punished by a fine not exceeding five hundred dollars, or imprisonment not exceeding twelve months, or both, such fine and imprisonment to be at the discretion of the court. Should any change or error in the records result in any member or beneficiary receiving from the retirement

Page 669

system more or less than he would have been entitled to receive had the records been correct, the Board of Trustees shall have the power to correct such error and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid. Fraud. Penalty. Errors. Section 12. Guaranty. The maintenance of annuity reserves and pension reserves as provided in this Act, the crediting of regular interest to the various funds as provided in Section 8 of this Act, and the payment of all pensions, annuities, retirement allowances, refunds and other benefits granted under the provisions of this Act, are hereby made obligations of the pension accumulation fund. All assets of the pension accumulation fund, and all income, interest and dividends derived from deposits and investments shall be used for the payment of said obligations and for no other purpose. Section 13. Limitation on Membership. Except as specifically provided in this Act, no other provision of law under any other statute which provides wholly or partly at the expense of the State of Georgia for pensions or retirement benefits for teachers in the State, their widows or their dependents, shall apply to members or beneficiaries of this retirement system, their widows or their dependents. Section 14. Effective Date of Act. This act shall become effective upon its approval but neither the State nor any other employer or member shall be obligated to make contributions for the pensions and annuities provided herein until after the General Assembly has by appropriation made available funds for the contribution of the State for its part of such pensions and annuities as stated in this act. In the event an amendment to the Constitution of Georgia authorizing the levy of taxes by the State for such purposes is not ratified at the next General election after approval

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of this act, this act shall stand repealed from the date when the returns of said election are duly certified. Effective date. Repeal. Approved March 19, 1943. UNIVERSITY SYSTEM REGENTSREORGANIZATION. No. 2. An Act to reorganize the Board of Regents of the University System of Georgia by abolishing the present Board and by providing for a new Board; to provide for the appointment, qualification, term of office, tenure, powers and duties of the new Board of Regents of the University System of Georgia; to revise the laws relative to the Board of Regents of the University System of Georgia; to amend Code Section 32-104 as amended by Ga. Laws 1937, pp. 526, 527, relating to Board of Regents; how constituted, ineligibility, and Code Section 32-105 as amended by Ga. Laws 1937, p. 526, relating to terms of members of said Board, and Code Section 32-106 relating to vacancies in office of Board members, so as to conform to 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, as follows: Section 1. The present Board of Regents of the University System of Georgia is hereby abolished. Abolished. Section 2. A new Board of Regents of the University System of Georgia is hereby created. New Board Created. Section 3. The Board of Regents, hereby created, shall be composed of one member from each Congressional District in the State, and five additional members from the

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State at Large, who shall be appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said Board. The said Board of Regents of the University System of Georgia provided for by this Act, shall have the powers and duties now provided by law for the board of Regents of the University System of Georgia, and such as may be hereafter provided; and shall be subject to all provisions of law with respect to the Board of Regents of the University System of Georgia not inconsistent with this Act. Members. Governor excluded. Powers. Section 4. The first Board of Regents of the University System of Georgia appointed hereunder shall hold office as follows: Two for one year; two for two years; two for three years; two for four years; two for five year; two for six years; and three for seven years. All of said terms shall date from January 1, 1943. The Governor in making said appointments shall designate the holders of the respective terms. Successors to the persons so appointed shall hold terms of office of seven years from the expiration of the previous term. Terms of office. Section 5. In case of a vacancy on said Board, by death or resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and submit his name to the Senate for confirmation. All members of the Board of Regents of the University System of Georgia shall hold office until their successors are appointed. Vacancies. Section 6. That Section 32-104 of the Code of Georgia of 1933, as amended by Georgia Laws 1937, pp. 526, 527,

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relating to the Board of Regents; how constituted; ineligibility, be, and the same is, hereby amended by striking the same in its entirety, and substituting and enacting in lieu thereof Section 3 of this Act. 32-104 as amended stricken. Section 7. That Section 32-105 of the Code of Georgia of 1933, as amended by Georgia Laws 1937, p. 526, relating to terms of members of said Board, be, and the same is, hereby amended by striking the same in its entirety, and substituting and enacting in lieu thereof Section 4 of this Act. 32-105 as amended stricken. Section 8. That Section 32-106 of the Code of Georgia of 1933, relating to vacancies in office of Board members, be, and the same is, hereby amended by striking the said section in its entirety and substituting and enacting in lieu thereof Section 5 of this Act. 32-106 stricken. Section 9. Should any part of this Act be declared unconstitutional, then in that event, the remaining portion of said Act, shall remain of force and effect. Invalid parts. Section 10. This Act shall take effect immediately on its passage by the General Assembly and approval by the Governor. Section 11. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 22, 1943. VOCATIONAL EDUCATION. No. 410. An Act to equalize educational opportunities throughout the State in certain phases of vocational education; to provide for encouraging the development of an adequate system of public vocation training under state supervision

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and local control; to provide the authorization of special or additional aid on an enrollment basis to local school units for the operation of vocational training programs for trade, industrial, distributive, and other occupations; to give authority to the State Board of Education to set up rules and regulations governing special aid to local school units for providing vocational training to trainees who live outside the jurisdictional area of the local school unit; to provide for the distribution and use of equipment owned or acquired by the State Board of Education; and to give authority to the State Board of Education to provide for the transportation of trainees to training centers; and for other purposes: Be it enacted by the General Assembly of Georgia, it is hereby enacted by authority of same, as follows: Section 1. It shall be the purpose of this act to more nearly equalize the educational opportunities in certain phases of vocational education, especially trade and industrial and distributive occupations, to persons of the state, who, in the discretion of the State Board of Education, are of the age that will make it possible for them to profitably pursue training for a specific occupation. Purposes. Section 2. Definition of local units. For the purposes of this act, the several counties of the state and the various public independent school systems established by law shall be the local units of administration and shall be referred to in this act as local school units. Local units. Section 3. All funds, whether state or federal or other funds, which may be made available to the State Board of Education for carrying out the purposes of vocational education as provided by this act, shall be apportioned and distributed by the State Board of Education to the various local school units as additional aid for use in helping such local school units in defraying the cost involved in maintaining

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and operating approved vocational training courses or departments, subject to such reasonable rules and regulations as may be prescribed by the State Board of Education and in accordance with the approved State Plan for vocational education. Funds apportioned. Section 4. The funds apportioned and distributed to local units for the purposes set forth in this act shall be apportioned on a per-trainee cost basis, as determined by the State Board of Education, for only those trainees living outside of the jurisdictional area of the local school unit. Basis. Section 5. Nothing in this act shall give the State Board of Education authority to make it mandatory for local school units to establish and maintain vocational training programs or to participate in the use of funds that may be made available for carrying out the provisions of this act. Not mandatory. Section 6. The State Board of Education shall have the authority to: Authority of Board. (1) Approve applications from local school units within the state and to apportion and distribute any funds that may be made available as special or additional aid to local school units to pay for the cost of training persons enrolled in the vocational courses who come from sections of the state not under the jurisdictional area of the local school unit: Applications and funds. (2) Set up standards of training in each occupation that must be maintained by a local school unit in order to obtain special aid for trainees enrolled in such training courses who live outside the jurisdictional area of the local school system; Training standards. (3) Establish age limits of trainees and entrance requirements to be met by trainees for each occupation in which training is offered; Requirements. (4) Provide for the inspection of courses or training

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programs to determine if the approved standards are being met; Inspections. (5) Discontinue special or additional aid to a local school unit if, in the discretion of the State Board of Education, approved standards are not being maintained or other prescribed rules and regulations are not being followed. Discontinue aid. Section 7. In order for a school system to receive any of the funds which may be made available for the purpose of vocational education and other purposes set forth in this act, the local school unit must allow enrollment of trainees from outside its jurisdictional area and permit them to attend approved vocational courses without cost of tuition to trainees. Jurisdictional area. Section 8. In the discretion of the State Board of Education, any funds that are made available for the purposes of this act may be used for providing transportation to and from the vocational training center for trainees living outside the jurisdictional area of the local school unit. Transportation. Section 9. That in the discretion of the State Board of Education, any equipment, material, machinery, or other property, now owned and possessed, or may hereafter be acquired by purchase or gift by said State Board of Education, such as are now used in connection with teaching vocational education, may be apportioned and distributed by said State Board of Education to local units, herein defined, who desire to avail themselves of the benefits of this act, same to be so allotted, apportioned, and distributed under such rules and regulations as will more nearly equalize the vocational education opportunities of all in every section of the state. Equipment. Section 10. There shall be established by the State Board of Education a State Advisory Committee, composed of equal representation of labor and management, to advise

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the State Board of Education and its authorized representatives regarding policies and regulations governing the vocational education program which may be developed to carry out the provisions of this act. Advisory Committee. Section 11. Nothing in this act shall affect the distribution of funds appropriated to the common schools under the Seven-Months School Law ( Georgia Law, 1937, pages 882 to 892); Section 32-614 of Supplement to Code 1933, nor Section 32-948 of the Code of Georgia of 1933, relating to creating an equalization fund for the public schools and providing for its distribution, but said law and section shall remain in full force and effect. Laws still of force. Section 12. That nothing in this act shall affect any of the provisions of Section 32-934 or of Section 32-2202 of the Code of 1933, but said sections shall remain of full force and effect, and the provisions of this Act shall be an enlargement of such provisions therein made. 32-934 32-2202 enlarged. Section 13. That all laws and parts of laws in conflict with this act be, and they are, hereby repealed. Approved March 20, 1943.

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TITLE VIII. COURT OF APPEALS. ACT. Judges Emeritus. JUDGES EMERITUS. No. 339. An Act to create the positions of Judge Emeritus, to provide for the eligibility of persons for appointment to such positions: to provide for the method of appointment of such positions, and salaries to those holding such positions and their tenure of office: to provide that such persons holding such positions shall constitute an Advisory Appellate Council of Georgia: to provide for its duties and the duties of those holding said positions; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that there is hereby created the offices of Judge Emeritus. Persons eligible for appointment to such office shall be any Judge of the Court of Appeals of the State of Georgia who shall have attained the age of seventy years, or who on his next birthday will be seventy years of age, and shall have been in continuous service as a judge for more than ten years upon the Court of Appeals of Georgia, or the Supreme Court, or partly upon one or the other of said courts, but with continuous unbroken judicial service for ten years. The Governor shall appoint to any such position any one eligible under the provisions of this Act, who shall advise the Governor in writing that he desires to

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resign from the office of Judge of the Court of Appeals and accept appointment as Judge Emeritus, and upon such appointment being made by the Governor the resignation shall automatically be effective. A Judge Emeritus shall receive an annual salary equal to two-thirds of the salary provided by law for a judge of the Court of Appeals at the time of the appointment of such Judge Emeritus. 70 years of age. 10 years service. Two-thirds of salary. Section 2. Be it further enacted, That all persons appointed to any of the foregoing offices by this Act created shall hold for life. Section 3. Be it further enacted by the authority aforesaid that a Judge Emeritus shall constitute, or be a member of an Advisory Appellate Council, which Advisory Appellate Council is hereby created. It shall be the duty of such Advisory Appellate Council, and of its members, to consult with the Supreme Court and the Court of Appeals, and to advise and assist each of said courts in the revision of the rules of practice of the said courts, in handling the administrative duties now or hereafter placed upon said courts by law; Provided, however, that the Advisory Appellate Council and its members shall not participate, directly or indirectly, in the decision of any cases coming before the said courts for decision. It shall also be the duty of the said Advisory Appellate Council to consult with the Attorney-General and the assistants to the Attorney-General upon legal matters when their advise and consultation is requested. It shall further be the duty of the Advisory Appellate Council to consult with committees of the General Assembly, and to furnish advise and information to said committees of the General Assembly upon questions of law when their advise and assistance is requested. Advisory Appellate Council. Administrative duties. Advisory duties. Section 4. Be it further enacted, That there may be as many members of said Council as there are at any one time persons previously appointed and serving on said Council

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under this Act, added to the number otherwise eligible under this Act to be appointed. Section 5. Provided, however, That any Judge of the Court of Appeals who offers for re-election, and is defeated in a primary or regular election, shall not be eligible to apply for or to accept appointment as Judge Emeritus, nor shall any Judge be eligible to accept the provisions of this Act thereafter and before the expiration of the term such Judge is then serving. When eligible. Section 6. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 16, 1943.

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TITLE IX. SUPERIOR COURTS. ACTS. Bibb Superior CourtTermsGrand Juries. Chattahoochee Superior CourtTerms. Crawford Superior CourtTwo Terms. Houston Superior CourtTwo Terms. Lanier Superior CourtFour Terms. Peach Superior CourtThree Terms. Stephens Superior CourtFour Terms. Talbot Superior CourtTerms. Toombs Superior CourtFour Terms. Twiggs Superior Court TermsAct of 1917 Repealed. Twiggs Superior CourtTerms. BIBB SUPERIOR COURTTERMSGR. J. No. 226. An Act to provide for holding six regular terms each year of the Superior Court of Bibb County, Georgia; to fix the time for holding the same; to fix the relation of pending proceedings and to provide for the transaction of business in said Court; to provide for the jurors drawn to serve at the terms herein fixed, and the witnesses; to provide for the drawing and attendance of Grand Juries in said Court at the several terms 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, on and after the approval of this Act, there shall be held in each year six terms of Superior Court in and for Bibb County, Georgia, as now provided by law. Six terms.

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Section 2. Be it further enacted by the authority aforesaid, that the terms of said Court shall be held in said County, as is now provided by law, on the first Monday in February, April, June, August, October and December in each year. This Act shall not change, alter, affect or amend the present terms of said Court, as fixed by an Act of the General Assembly of Georgia approved February 24, 1941, Acts of 1941, pages 608-610, inclusive, except as may be herein specifically provided. Dates. Act 1941 pp. 608-610. Section 3. Be it further enacted by the authority aforesaid that all writs, bills, processes, orders, summons, subpoenas, bonds and proceedings of every kind and character now pending in or returnable to said Court shall hold good and relate to the terms of said Court as herein fixed by this Act and the status of all of said proceedings and matters shall not be affected, altered, changed or amended by the provisions of this Act, except as may be herein specifically provided; that all jurors and witnesses drawn and/or summoned to attend said Courts before the approval of this Act, shall be held, deemed and considered as drawn and/or summoned to attend the same terms of Court as provided and fixed by this Act and shall be required to attend said Court according to the terms herein fixed. Status of proceedings unchanged. Section 4. Be it further enacted by the authority aforesaid, that a Judge of the Superior Court of Bibb County, Georgia, shall draw a Grand Jury for the February and October Terms of said Court, and, in his discretion, he may draw or require the attendance of a Grand Jury upon any or all other terms of said Court, or may call back the Grand Jury which was last drawn and impaneled, provided, that the Grand Jury which is now in attendance upon the present February Term, 1943, of said Court and which is now serving shall continue to serve as the Grand Jury for said term until discharged by the presiding Judge; provided further, that a Judge of said Court shall draw and require the attendance

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of a new Grand Jury upon the April Term, 1943, of said Court. Grand jury. Section 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 3, 1943. CHATTAHOOCHEE SUPERIOR COURT TERMS. No. 169. An Act to change the time of holding the Superior Court of Chattahoochee County from the third Mondays in March and September in each year to the fourth Mondays in March and September in each year; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same; Section 1. That from and after the passage of this Act, the Superior Court of Chattahoochee County, Ga., shall be held on the fourth Monday in March and the fourth Monday in September in each year, and the first term of said Court to be held under the provisions of this Act shall be the fourth Monday in March, 1943. Terms. Section 2. Be it further enacted by the authority aforesaid that all writs, bills, processes, orders, summons, subpoenaes, bonds and proceedings of every kind or character now pending in or returnable to said Court, shall relate to the term of Court as herein changed and fixed by this Act, and all jurors and witnesses drawn and summoned to attend the term of sail Court convening on the third Monday in March, 1943, shall be held and considered as drawn and summoned to attend said Court on the fourth Monday in

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March, 1943, and shall be required to attend said Court according to the terms as herein fixed. Pending Proceedings. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 24, 1943. CRAWFORD SUPERIOR COURTTWO TERMS. No. 124. An Act to provide for holding two regular terms of the Superior Court of Crawford County, Georgia; to fix the time for holding the same; to fix the relation of pending proceedings; to provide for juries drawn to serve at the terms herein fixed; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that, on and after the approval of this Act, there shall be two regular terms of the Superior Court of Crawford County, Georgia, which said terms shall be held on the third and fourth Mondays in March and October of each year; said March Term shall be deemed to begin on the third Monday in March of each year and the said October Term shall be deemed to begin on the third Monday in October of each year. The first term of said Court to be held under the provisions of this Act shall be held on the third and fourth Mondays in March, 1943. Terms. Section 2. Be it further enacted by the authority aforesaid that all writs, bills, processes, orders, summons, subpoenas, bonds and proceedings of every kind and character now pending in or returnable to the March Term, 1943, of said Court, as provided by law before the approval of this

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Act, shall hold good and relate to the March Term, 1943, of said Court, as provided for and fixed by this Act; and that all jurors and witnesses drawn and/or summoned to attend said March Term, 1943, provided by law before the approval of this Act, shall be held, deemed and considered as drawn and/or summoned to attend the March Term, 1943, of said Court, as provided and fixed by this Act, and shall be required to attend said Court according to the terms herein fixed. The present October Term, 1942, of said Court shall be extended to and remain open until the first monday in March, 1943, unless sooner adjourned by order of one of the judges of said Court. Likewise, all writs, bills, processes, orders, summons, subpoenas, bonds and proceedings of every kind and character now pending in or returnable to the October Term, 1943, of said Court, as provided by law before the approval of this Act, shall hold good and relate to the October Term, 1943, of said Court, as provided and fixed by this Act. Pending Proceedings. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved February 19, 1943. HOUSTON SUPERIOR COURTTWO TERMS. No. 158. An Act to provide for holding two regular terms each year of the Superior Court of Houston County, Georgia; to change and fix the time for holding the same; 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. 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, on and after approval of this Act, there shall be two regular terms of the Superior Court of Houston County, Georgia, which said terms shall be held on the first and seconds Mondays in April and December of each year; said April Term shall be deemed to begin on the first Monday in April of each year and the said December Term shall be deemed to begin on the first Monday in December of each year. There shall be no regular term of said Court in October of each year. The first term of said Court to be held under the provisions of this Act shall be held on the first and second Mondays in April, 1943. Terms. Section 2. Be it further enacted by the authority aforesaid that all writs, bills, processes, orders, summons, subpoenas, bonds and proceedings of every kind and character now pending in or returnable to the April Term, 1943, of said, Court, as provided by law before the approval of this Act, shall hold good and relate to the April Term, 1943, of said Court, as provided for and fixed by this Act; and that all jurors and witnesses drawn and/or summoned to attend said April Term, 1943, provided by law before the approval of this Act, shall be held, deemed and/or considered as drawn and summoned to attend the April Term, 1943 of said Court, as provided and fixed by this Act, and shall be required to attend said Court according to the terms herein fixed. Likewise, all writs, bills, processes, orders, summons, subpoenas, bonds and proceedings of every kind and character now pending in or returnable to the October Term, 1943, of said Court as provided by law before the approval of this Act shall hold good and relate to the December Term, 1943, of said Court, as provided and fixed by this Act. Pending Proceedings. Section 3. Be it further enacted by the authority aforesaid that the present October Term, 1942, of said Court shall be extended to and remain open until the first Monday

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in April, 1943, unless sooner adjourned by order of one of the Judges of said Court. Section 4. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved February 23, 1943. LANIER SUPERIOR COURTFOUR TERMS. No. 334. An Act to provide for the holding of four terms each year of Lanier Superior Court, to provide for Grand Jury terms, to prescribe and fix the time for holding 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 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 Lanier, State of Georgia, in the Alapaha Circuit. Terms. Section 2. Be it further enacted by the authority aforesaid, that the terms of said Court shall begin and be held on the Fourth Monday in February, on the Third Monday in May, Third Monday in August and Third Monday in November. Section 3. Be it further enacted by the authority aforesaid, that both trial and grand jurors shall be drawn for the terms of said court convening on the Fourth Monday in February and on the Third Monday in August. Trial jurors shall be drawn for the terms of said court convening on the Third Monday in May and on the Third Monday in November. The presiding judge may, in his discretion, draw and require the attendance of a grand jury at either or both

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of the terms convening on the Third Monday in May and Third Monday in November, which said grand jury for the May and November Terms shall pass upon such questions only as are particularly referred to such grand jury for action and attention by the presiding judge. Jurors. 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 15, 1943. PEACH SUPERIOR COURTTHREE TERMS. No. 220. An Act to provide for holding three regular terms each year of the Superior Court of Peach County, Georgia; to change and fix the time for holding the same; to prescribe when and how grand juries shall be required to attend said Court; 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. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that, on and after the approval of this Act, there shall be three regular terms of the Superior Court of Peach County, Georgia, which said terms shall be held on the first and seconds Mondays in March and August and the third and fourth Mondays in November in each year; said March Term shall be deemed to begin on the first Monday in March of each year and the said August Term shall be deemed to begin on the first Monday in August of each year and the said November Term shall be deemed to begin on the third Monday in November of each year. There shall be no regular terms of said Court in January, May or September of each year. The first term of Said

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Court to be held under the provisions of this Act, shall be held on the first and second Mondays in August, 1943. Terms. Section 2. Be it further enacted by the authority aforesaid that all writs, bills, processes, orders, summons, subpoenas, bonds and proceedings of every kind and character, now pending in or returnable to the May Term, 1943, of said Court, as provided by law, before the approval of this Act, shall hold good and relate to the August Term, 1943, of said Court, as provided for and fixed by this Act; and that all jurors and witnesses drawn and/or summoned to attend said aforementioned May Term, 1943, shall be held, deemed and considered as drawn and/or summoned to attend the August Term, 1943, of said Court, as provided and fixed by this Act, and shall be required to attend said Court according to the terms herein fixed. The present January Term, 1943 of said Court shall be extended to and remain open until the first Monday in August, 1943, unless sooner adjourned by order of one of the judges of said Court. Likewise, all writs, bills, processes, orders, summons, subpoenas, bonds and proceedings of every kind and character now pending in or returnable to the September Term, 1943, of said Court, as provided by law, before the approval of this Act, shall hold good and relate to the November Term, 1943, of said Court, as provided and fixed by this Act. Pending Proceedings. Section 3. Be it further enacted by the authority aforesaid that a Judge of said Court shall draw a grand jury for the March and November Terms of said Court only; provided, however, that a Judge of said Court, if he determines, in his discretion, that it is necessary or advisable that a grand jury be called to serve at the August Term of said Court, the said Judge, in his discretion, may, in term time or vacation, draw and require the attendance of a new grand jury for the August Term of said Court; or may, in lieu thereof, require the attendance upon the said August

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Term of the grand jury drawn for the preceding March Term thereof. Grand jury. Section 4. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved March 3, 1943. STEPHENS SUPERIOR COURTFOUR TERMS. No. 386. An Act to be entitled an Act to provide for the holding of four terms each year of Stephens Superior Court, to provide for grand jury terms, to prescribe and fix the time for holding 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 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 Stephens, State of Georgia, in the Northeastern Circuit. Terms. Section 2. Be it further enacted by the authority aforesaid, that the terms of said court shall begin and be held on the second Monday in February, May, July and November of each year. Section 3. Be it further enacted by the authority aforesaid, that both trial and grand jurors shall be drawn for the terms of said court convening on the second Monday in May and November of each year. Trial jurors shall be drawn for the terms of said court convening on the second Monday in February and July. The presiding judge may, in his discretion, draw and require the attendance of a grand jury at either or both of the terms of said court convening on the second Monday in February and July, which

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said grand jury for the Ferbruary and July terms shall pass upon such questions only as are particularly referred to such grand jury for action and attention by the presiding judge. Jurors. 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 19, 1943. TALBOT SUPERIOR COURT TERMS. No. 42. An Act to change the time of holding the Superior Court of Talbot County from the first Mondays in March and September in each year to the second Mondays in March and September in each year; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, the Superior Court of Talbot County, Georgia, shall be held on the second Monday in March and the second Monday in September in each year, and the first term of said Court to be held under the provisions of this Act shall be the second Monday in March, 1943. Terms. Section 2. Be it further enacted by the authority aforesaid that all writs, bills, processes, orders, summons, subpoenaes, bonds and proceedings of every kind or character now pending in or returnable to said Court, shall relate to the term of Court as herein changed and fixed by this Act, and all jurors and witnesses drawn and summoned to attend the term of said Court convening on the first Monday in March, 1943, shall be held and considered as drawn and summoned to attend said Court on the second Monday in

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March, 1943, and shall be required to attend said Court according to the terms as herein fixed. Pending Proceedings. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 11, 1943. TOOMBS SUPERIOR COURTFOUR TERMS. No. 38. An Act to provide for the holding of four terms a year of the Superior Court of Toombs County, Georgia; to prescribe the time for holding the same; to provide the duration of said terms; to designate the Spring and Fall terms thereof; to prescribe when and how the Grand Jury shall be required to attend said court; to provide for all pending business in said court, both civil and criminal, to relate the terms of said court as changed and fixed by this act, and for other purposes, including the repeal of any and all conflicting laws. Be it enacted by the General Assembly of Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this act there shall be held in each year four regular terms of the Superior Court of Toombs County, Georgia and said regular terms shall convene on the 4th. Mondays in February, May, August and November of each year and said court shall continue in session for a period of one week, unless in the discretion of the presiding judge, either said terms may be sooner adjourned than herein prescribed, or either or all of said terms may be continued or prolonged beyond the respective prescribed periods herein, in the discretion of the court, as may be necessary to transact and complete

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the business of said court; provided that there shall be no adjournment of any or either of said four terms herein prescribed, unless so ordered by the presiding judge, or until adjourned by operation of law as now provided by law. Terms. Section 2. Be it further enacted by the authority aforesaid that the May and November terms of said Superior Court are hereby designated as the Spring and Fall terms of said court respectively. Section 3. Be it further enacted by the authority aforesaid that the presiding judge of said court shall draw the Grand Jurors for the May and November terms of said court, and in his discretion and if he deems it necessary to expedite justice, he may draw Grand Jurors for the February and August terms of said court, either in term time or in vacation. Grand Jurors. Section 4. Be it further enacted by the authority aforesaid, that the first term to be held after the passage of this act shall be the May term, 1943, and all petitions, writs, bills, processes, subponeas, bonds and proceedings, both civil and criminal of every kind and character, now pending in or returnable to said Superior Court of Toombs County, Georgia, shall hold good and relate to the terms as changed and fixed by this act. Pending Proceedings. 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 11, 1943.

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TWIGGS SUPERIOR COURT TERMSACT OF 1917 REPEALED. No. 380. An Act repealing an Act to provide for the holding of two terms of the Superior Court of Twiggs County, Georgia, and to prescribe for the time of the holding of the same, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. From and after the passage of this Act, the Act for the holding of two terms a year of the Superior Court of Twiggs County, to prescribe the time for holding the same, and for other purposes, the same being approved August 20, 1917 (Ga. Laws 1917, pp. 75) be and the same is hereby repealed. Act of 1917 repealed. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 19, 1943.

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TWIGGS SUPERIOR COURT TERMS. No. 381. An Act changing the terms of the Superior Court in Twiggs County, Georgia, to provide that said terms shall be held on the second Mondays in April and October in each year, 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. From and after the passage of this Act the regular terms of the Superior Court to be held in Twiggs County shall be two terms of said Court in each year. Terms. Section 2. Be it further enacted, that the terms of said court shall begin on the Second Monday in April and the Second Monday in October in each year. Section 3. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1943.

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TITLE X. JUVENILE COURTS. ACTS. Juvenile CourtsJurisdiction in Certain Counties. JUVENILE COURTSJURISDICTION IN CERTAIN COUNTIES. No. 223. An Act to amend an Act approved August 19, 1916, entitled an Act to amend an Act approved August 15, 1915, entitled an Act to establish in certain counties juvenile courts with jurisdiction to adjudicate upon all children under sixteen years of age, who are delinquent, neglected, or otherwise subject to the discipline or in need of care and protection of the State; to regulate the procedure in such cases, including the establishment of a detention home and a probation system, and the appointment of guardians for such children; to provide for the appointment, qualifications, duties, powers, and compensation of the judge, the probation officer, and the other officers of said court; to punish any adult who may encourage, aid, cause, abet, or connive at such state of delinquency or neglect; and for other purposes, by providing for reasonable compensation for judges of an existing court of record, designated by the Judge of the Superior Court, to act and be known as a juvenile court; to repeal conflicting laws; and for other purposes. By adding to said Act a new Section number 3, making said Act applicable to all counties having a population of not less than eighteen thousand five hundred and thirty, (18,530), and

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more than eighteen thousand five hundred and twenty, (18,520), according to the Federal Census of 1940 or and future Federal Census, and by adding another section known as Section 4, placing the jurisdiction of said juvenile courts in the city courts of such counties and making the Judge of said City Courts, the Judge of the Juvenile Court in said county; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same. Section 1. That the Act approved August 19, 1916, entitled an Act to amend an Act approved August 15, 1915, entitled an Act to establish in certain counties, juvenile courts with jurisdiction to adjudicate upon all children under sixteen years of age, who are delinquent, neglected, or otherwise subject to the discipline or in need of care and protection of the State; to regulate the procedure in such cases, including the establishment of a detention home and a probation system, and the appointment of guardians for such children; to provide for the appointment, qualifications, duties, powers, and compensation of the judge, the probation officer, and the other officers of said court; to punish any adult who may encourage, aid, cause, abet, or connive at such state of delinquency or neglect; and for other purposes, by providing for reasonable compensation for judges of an existing court of record, designated by the Judge of the Superior Court, to act and be known as a juvenile court; to repeal conflicting laws; and for other purposes. Act 1916 amended. Section 2. Be and the same is hereby amended by adding to said Act a new Section numbered Section 3, to be read as follows: Section 3. In all counties in the State of Georgia having a population of not less than eighteen thousand five hundred and twenty, (18,520), and more than eighteen

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thousand five hundred and thirty, (18,530), accordin to the Federal Census of 1940 or any future Federal Census shall have established therein a juvenile court, and the judge of the City Court in said county shall become the judge of said Court. As amended. New section 3. Population. Section 3. Be it further enacted that all laws or parts of law in conflict herewith are hereby repealed. Approved March 3, 1943.

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PART II.LOCAL AND SPECIAL LAWS

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TITLE I. CITY, COUNTY AND MUNICIPAL COURTS. ACTS. Augusta Municipal CourtDeputy Clerks' and Sheriffs' Compensation. Brunswick City Court Created. Brunswick City Court Salaries. Cartersville City Court AbolishedReferendum. Chattooga City CourtOfficers' Compensation. Clinch County Court Established. Clinch County Court SolicitorVacancy. Columbus City CourtSalaries. Darien City CourtJudge and Solicitor. Decatur City CourtSalaries. Hinesville City CourtJudge's Salary. Lanier County Court Abolished. Millen City Court Abolished. Millen City Court Established. Millen City Court Solicitor. Morgan City Court Abolished. Pembroke City CourtTerms and Solicitor. Rabun County City CourtAmendments. Richmond County City CourtJudge. Soperton City CourtTerms. Waynesboro City CourtJury Trials. AUGUSTA MUNICIPAL COURTDEPUTY CLERK'S AND SHERIFF'S COMPENSATION No. 366. An Act to fix the salaries and compensation of certain officers and deputies of the municipal court of the City of Augusta, Georgia for the years 1943 and 1944; 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, to-wit: Section 1. That for the years 1943 and 1944 the salary of one deputy to the Clerk of the Municipal Court of the City of Augusta shall be one hundred thirty-five ($135.00) dollars per month. Section 2. That for the years 1943 and 1944 there shall be three deputies in the office of the Sheriff of the Municipal Court of the City of Augusta, Georgia, one whose salary shall be one hundred forty ($140.00) dollars per month and two whose salaries shall be one hundred thirty-five ($135.00) dollars per month each. Section 3. The Clerk of said Court and the Sheriff of said Court shall have authority for said years to appoint such additional deputies as may meet with the approval of the Judge of said court and such additional deputies shall receive such salaries and pay as may be fixed by the Board of Roads and Revenue of Richmond, County, Georgia. Section 4. That all laws and parts of laws in conflict herwith be and the same are hereby repealed. Approved March 18, 1943. BRUNSWICK CITY COURT CREATED. No. 280. An Act to carry into effect in the County of Glynn the provisions of a proposed amendment to Paragraph 1, Section 7, of Article 6, of the Constitution of the State of Georgia, relating to the abolition of Justices' Courts and the offices of Justice of the Peace, the offices of Notary Public and Ex-Officio Justice of the Peace, and the offices

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of Constable in the County of Glynn, in the event said proposed amendment is adopted; and in such event to abolish all Justices' Courts and the offices of Justice of the Peace, the offices of Notary Public and Ex-Officio Justice of the Peace and the offices of Constable in the County of Glynn; to abolish the present City Court of Brunswick; to establish in lieu of said Justices' Courts, said Notary Public and Ex-Officio Justices' Courts, and the present City Court of Brunswick a new Court also to be known as the City Court of Brunswick; to define the jurisdiction and powers of said new Court; to provide for the election (and in some cases for the appointment), qualification, duties, powers and compensation of the Judge and other officers thereof; to provide for pleading and practice and rules of procedure and granting new trials therein; to define the jurisdiction of said court, and the territorial jurisdiction thereof; to create the position of Judge Emeritus of said Court, and to define the duties, powers and compensation of said Judge Emeritus; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows, to-wit: Courts abolished. Section 1. Effective January 1, 1945, the present City Court of Brunswick, all Justices' Courts and the offices of Justice of the Peace, the offices of Notary Public and Ex-Officio Justice of the Peace and the offices of Constable in the County of Glynn, be and the same are hereby abolished, and in lieu thereof, a new Court, also to be known as the City Court of Brunswick, is hereby created and establish with civil and criminal jurisdiction over and throughout the whole County of Glynn. New court created. Section 2. Said Court shall have jurisdiction to try and dispose of all civil cases of whatever nature, except those

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cases over which exclusive jurisdiction is vested in the superior courts by the Constitution and laws of the State of Georgia; provided, said Court shall not have power to issue writs of mandamus, prohibition or quo warranto, or to foreclose mortgages on real estate. Civil jurisdiction. Section 3. Said Court shall have jurisdiction to try all persons charged with crime committed in the County of Glynn, when the offiense is not punished by loss of life or confinement in the penitentiary. Criminal jurisdiction. Section 4. There shall be a judge of said Court, whose term of office shall be four years, and who shall serve until his successor shall have been elected and qualified. The first judge of said Court shall be appointed by the Governor, by and with the advice and consent of the Senate. All other judges, except in the case of a vacancy in office due to the death, resignation or incompetency of any judge, shall be elected in the manner hereinafter set out. All such vacancies in the office of judge shall be filled by appointment of the Governor for the remainder of the unexpired term. Such appointment shall be subject to the approval of the Senate, if the Senate then is in session, or if the Senate then in session fails or refuses to act upon said appointment or if the Senate is not in session at the time of such appointment, then with the approval of the Senate at its next session thereafter. Any judge appointed to fill such vacancy shall have and exercise all of the duties and powers and receive the compensation of said office until he is rejected or confirmed by the Senate. The judge of said Court shall receive a salary in the amount of $5,000.00 per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the County of Glynn. Judge. Vacancy. Salary. The judge of said Court shall not engage in the practice of law while holding office as such judge. Any judge of

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said Court in office at the time, including the first judge appointed hereunder and any judge appointed to fill an unexpired term in such office, shall be entitled to offer to remain in office by running against his record. In the event said judge so elects, on or before June 1 of the year during which his term of office expires, he shall file a written statement with the Ordinary of said County that he elects to remain in office and shall request said Ordinary to call an election not later than July 1 of such year, at which time said judge shall offer for reelection without opposition. Upon such statement being filed with the Ordinary of said County, said Ordinary shall publish in the official organ of the County of Glynn at least once a week for two successive weeks before the week of the election a notice setting out that said judge elects to remain in office and that an election to determine whether or not said judge shall remain in office shall be held on a date fixed by said Ordinary and stated in said notice not earlier than June 20 and not later than July 1 of such year. The date of such election shall not be either a Saturday or a Sunday. After fixing the date for such election said Ordinary shall thereupon have printed a sufficient number of ballots for said election and shall hold said election on the day fixed by him. Said ballot shall show the name of the judge who offers to remain in office, and shall contain the following: Shall this Judge remain in office () and immediately thereunder Shall this Judge be retired (). In said election all persons who are qualified to vote for Representatives in the General Assembly shall be entitled to vote whether to retain said judge in office or to retire him. If a majority of such voters who vote in said election shall cast their ballots to retain said judge in office he shall remain therein for another term of four years. If said judge should elect not to remain in such office or if he should be retired therefrom in said election, the Ordinary of said County thereupon shall call an election for a judge of said Court for the next ensuing term,

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shall fix a date for said election not earlier than August 15 and not later than August 30 of such year and shall publish in the official organ of the County of Glynn at least once a week for two successive weeks before July 15 a notice setting out that the judge of said Court has elected not to remain in office or has been retired by the voters of the County of Glynn, fixing the date for the election and calling upon all persons who desire to offer for such office to qualify with him, not later than August 1, by filing a written declaration of their candidacy. In the election called by said Ordinary the voters who are qualified to vote for Representatives in the General Assembly shall be entitled to cast their ballots for one of the persons who qualify. The day of said election shall not be either a Saturday or a Sunday. The one of such persons who receives a majority of the votes cast in said election, in the event only two persons qualify, shall be elected as judge of said Court for the ensuing term, and the one of such persons who receives a plurality of the votes cast in said election, in the event more than two persons qualify, shall be elected as judge of said Court for the ensuing term. Practice of law prohibited. Elections. Voters. Section 5. The judge of said Court at the time of his appointment or election must be at least twenty-seven years of age; must have been a resident of the County of Glynn at least four years immediately preceding his appointment or election, and must have been a practicing attorney at law for at least five years immediately before his appointment or election, unless the holder of another judicial office, or is a member of the armed forces of the United States or is in the employment of the United States in a legal capacity, during all or a part of that time. Before entering upon the discharge of the duties of his office said judge shall take and subscribe the following oath: I solemnly swear that I will administer justice as announced by law and not of my personal determination, without respect to persons,

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and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the City Court of Brunswick according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me, God, and said oath shall immediately thereafter be forwarded to the Governor and filed in the executive department. Said judge shall have authority to issue criminal warrants, to hold commitment hearings, to bind persons charged with violations of the criminal laws of Georgia over to the superior court of the County of Glynn, to dispossess tenants holding over and intruders, to issue distress warrants, and generally to do and perform all acts and things which justices of the peace and judges of the County and City Courts of this State are authorized to do, unless otherwise provided in this Act. Qualification. Oath. Authority. Section 6. Commencing with January 1, 1945, Honorable E. C. Butts, Judge of the present City Court of Brunswick, who has been Judge of said Court for a period of more than 20 years, shall be entitled to receive and shall receive as compensation for his services a salary in the amount of $250.00 per month to be paid to him monthly, so long as he may live and perform his duties as Judge Emeritus, out of the treasury of the County of Glynn. Any other judge of the City Court of Brunswick created by this Act who shall serve as such judge for an uninterrupted period of 20 years and who shall have attained the age of 65 years may voluntarily retire as such judge and become Judge Emeritus of said Court, and shall be entitled to receive and shall receive a pension of $250.00 per month to be paid to him monthly for so long as he may live and perform his duties as Judge Emeritus. Said Judge Emeritus shall preside in the absence or disqualification of the judge of said Court, and when so presiding shall exercise and perform

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all of the powers and duties of the judge of said Court. Said Judge Emeritus shall not engage in the practice of law while holding office as Judge Emeritus of said Court. Judge Emeritus. Section 7. There shall be a solicitor of said Court, whose term of office shall be four years, and who shall serve until his successor shall have been elected and qualified. The first solicitor shall be appointed by the Governor. All other solicitors, except in the case of a vacancy in office, due to the death, resignation or incompetency of any solicitor, shall be elected in the manner hereinafter set out. All such vacancies in the office of solicitor shall be filled by appointment of the Governor for the remainder of the unexpired term. All other solicitors, except in the case of a vacancy in office due to the death, resignation or incompetency of any solicitor, shall be elected in the general election. The first such election shall be the general election held during the year 1948. Before entering upon the discharge of the duties of his office, said solicitor shall take and subscribe the following oath: I solemnly swear that I will execute, do and perform the duties of office as solicitor of The city Court of Brunswick to the best of my skill and ability, and without fear, favor, or prejudice, for or against anyone, so help me God. Said oath shall thereafter be forwarded to the Governor and filed in the executive department. Said solicitor shall be paid a salary in the amount of $1,800.00 per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and which shall be paid monthly out of the treasury of the County of Glynn; provided, however, for the duration of the war and six months thereafter, in the event such war is being waged at the time this act becomes effective, the salary of said solicitor shall be in the amount of $3,000.00 per year, payable as above set out. Said salary shall be in full of all compensation for all services of whatever kind or nature rendered by said solicitor, and in lieu of such fees

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or costs as are allowed him by law. All such fees and costs shall be paid over to the treasury of the County of Glynn. In the absence, inability or disqualification of said solicitor, or an assistant solicitor, to act or perform the duties of said office, the judge of said court shall have and is hereby given authority to appoint a solicitor pro tem, who shall receive for his services such sum as the judge may fix not to exceed, however, the amount of $10.00 in each case represented by him, said amount to be paid in the same manner as the solicitor's salary is paid and to be deducted from the salary of said solicitor. Solicitor. Oath. Salary. Proviso. Assistant solicitor. Said solicitor is hereby authorized and empowered to appoint an assistant solicitor, who shall upon his appointment, take and subscribe the following oath before the judge of said Court in open court: I solemnly swear that I will execute, do and perform the duties of office as assistant solicitor of the City Court of Brunswick to the best of my skill and ability, and without fear, favor or prejudice, for or against anyone, so help me God. Said oath, together with said appointment shall be spread upon the minutes of said Court; and when so appointed and qualified he shall hold office at the will of the solicitor of said Court and shall be paid for his services by the solicitor of said Court, who alone is responsible for the compensation for services rendered by said assistant solicitor. Oath. Section 8. There shall be a clerk of said Court, whose term of office shall be four years, and who shall serve until his successor shall have been elected and qualified, and such deputy or deputies as he may appoint upon the recommendation of the judge of said Court with the consent of the Commissioners of Roads and Revenue of the County of Glynn. The first Clerk of said Court shall be appointed by the Governor. All other Clerks, except in the case of a vacancy in office due to the death, resignation or incompetency of any Clerk, shall be elected in the general election. The

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first such election shall be held during the year 1948. All such vacancies shall be filled by the Governor for the remainder of the unexpired term. Said Clerk shall perform the duties required of him by law and by this Act. Said Clerk and his deputy or deputies, before entering upon the duties of their office, shall each take and subscribe an oath to faithfully and impartially perform the duties thereof, which oath shall be entered on the minutes of said Court. Said Clerk before entering upon the duties of his office, shall execute a bond, with good security in the amount of $5,000.00, for the faithful discharge of the duties of his office. Said Clerk may require from his deputy or deputies a bond with a good security for the faithful performance of his or their duties, and said deputy or deputies shall hold office at the will of the Clerk. Clerk. Election. Duties. Oath. Bond. Section 9. The Sheriff of the County of Glynn shall be ex-officio sheriff of said Court and in his official connection with said Court he shall be known as the sheriff of the City Court of Brunswick. Before entering on the discharge of the duties of his office, he shall execute a bond, with good security, in the amount of $5,000.00 for the faithful discharge of the duties of his office, and he shall have power to appoint a deputy or deputies upon the recommendation of the judge of said Court with the consent of the Commissioners of Roads and Revenue of the County of Glynn. Such deputy or deputies shall hold office at the will of the sheriff. Sheriff. Bond. Deputies. Section 10. All the duties and liabilities attached to the office of the clerk of the superior court and to the office of sheriff of the County of Glynn shall be attached to the office of Clerk of the City Court of Brunswick and to the office of sheriff of the City Court of Brunswick, respectively, and the judge of said Court is empowered to exercise the same authority over said clerk and sheriff, and their deputy or deputies, as is exercised by the judges of the superior

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courts over the clerks of the superior courts and sheriffs of the various counties in Georgia; provided the Clerk of the City Court of Brunswick shall not be required to keep books and records for the filing and record of deeds, mortgages, deeds to secure debts, bills of sale, chattel mortgages, bills of sale to secure debt, or like instruments. Clerk's duties. Section 11. The Clerk of said Court shall be paid a salary in the amount of $3,600.00 per annum, the sheriff of said Court shall be paid a salary in the amount of $1,800.00 per annum, and each deputy clerk or deputy sheriff shall be paid a salary in the amount of $1,800.00 per annum. All of said salaries shall be paid monthly out of the treasury of the County of Glynn. The salaries so paid shall be in full compensation for all services of whatever kind or nature, rendered by said clerk and said sheriff, and said deputies, and in lieu of such fees as are allowed sheriffs and clerks in all cases. All such fees and costs shall be paid over to the treasury of the County of Glynn. Clerk's, sheriff's and deputy's salaries. Section 12. The judge of said Court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way with the same power as judges of the superior courts. Habeas corpus. Section 13. The terms of said Court shall commence on the first Monday in each month. The judge of said Court shall have power to hold said Court in session from day to day, and to adjourn the same from time to time; provided, said Court shall be finally adjourned at least five days before the next succeeding term. Terms. Section 14. Suits in said Court shall in all respects be conformable to the mode of proceedings in the superior court, except as hereinafter provided in cases involving the principal sum of $200.00 or less, but the process to writs in all cases shall be annexed by the clerk of said Court, shall be tested in the name of the judge thereof, and shall

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be directed to and served by the sheriff of said Court or his deputy. Suits and process. Section 15. In all matters pertaining to service, pleading 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 of Brunswick. Pleading and practice. Section 16. The judge of said Court shall have power and authority to hear and determine all civil cases of which said Court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in any cause, where such party is entitled to a trial by jury under the Constitution and laws of this State, shall be entitled to a trial by jury in said Court upon entering a written demand therefor by himself or his attorney on or before the day on which the defendant in said cause is required to appear in said Court in response to the proceeding instituted to commence said cause. Said demand may be made in the petition or the answer filed by the person making the demand, or in a separate writing. Judge's power and authority. Section 17. All judgments obtained in said Court shall be a lien on all property belonging to the defendant or defendants throughout the State in the same manner as judgments of the superior courts are, but property exempt from levy and sale under the 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 of said Court, or his deputy, and to all and singular the sheriffs or their deputies of the various counties of Georgia. Judgments. Section 18. Said Court shall have jurisdiction of all claim cases where personal property is levied upon under executions or other process from said Court, and such

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claims shall be tried in the same manner as claims are tried in the superior courts. Claims to personal property. Section 19. Claims to real property levied on under execution or other process from said Court shall be returned to the Superior court of the county where such real property is situated, and shall there proceed as other claims in the superior courts. Claims to real property. Section 20. All laws upon the subject of attachments and garnishments as to any matter whatever in the superior courts of this State shall apply to said Court as if named with the superior court, so far as the nature of said Court will admit. Attachments in said Court, or returnable to said Court, shall be directed to the sheriff of said Court, or his deputy, and to all and singular the sheriffs and constables of this State; and the judge of said Court may issue attachments returnable to said Court under the same laws that govern the issuing of attachments returnable to the superior courts. Attachments and garnishments. Section 21. Garnishment proceedings in said Court shall be conformable to the laws of the State on the subject in the superior courts. Section 22. Scire facias to make parties in any cause in said Court shall be had as in the superior court, but such scire facias shall run throughout the State and may be served by any sheriff or his deputy thereof. Scire facias. Section 23. In all cases commenced or instituted in said Court, except in cases involving the principal sum of $200.00 or less, the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-off, affidavits of illegality, arbitration, examinations of parties to suits or witnesses by interrogations or under subpoena, witnesses and their attendance, continuances or other matter of a judicial nature within the jurisdiction of said Court, shall be applicable. Laws applicable.

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Section 24. The judge of said Court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the judge and all other officers of said Court shall have power, respectively, to administer all oaths pertaining to their office, as the judge and other officers of the superior court may in like cases do; and said judge shall also have power to attest deeds and other papers, and administer affidavits in all cases anywhere in this State in which, by existing laws, such papers may be attested and the affidavits administered by justices of the peace of this State; and the judge of said Court shall have all the power and authority throughout his jurisdiction that judges of the superior courts have, except where by law, 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 Court, so far as the same may be applicable. Additional power of judge. Section 25. Said Court shall be a court of record and shall have a seal, and the minutes, records and files that are required by law to be kept for the superior courts shall be kept in and for said Court and in the same manner, except it shall not be necessary for the clerk of said court to keep an execution docket. All executions issued out of said Court shall be entered upon the General Execution docket kept by the clerk of the superior court of the County of Glynn. All laws applicable to the duties of the clerk and sheriff in the superior courts shall apply to them in said Court, except where they conflict with the provisions of this Act. Court of record. Section 26. All laws regulating the enforcing of judgments of the superior courts, whether civil or criminal, shall apply to said Court, and executions shall issue and be levied

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and sales be had thereunder under the same rules and laws regulating the same in the superior courts. Superior Court rules and laws apply. Section 27. The judge of said Court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of this State. Powers of Judge. Section 28. 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 Glynn County, as provided from time to time for such superior court. From said copy so made traverse jurors in said Court shall be drawn in the following manner: The clerk of said Court 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 all traverse jurors as now required by law in the superior courts. All laws with reference to the drawing of, selecting and summoning traverse and tales traverse jurors in the superior courts shall apply to said Court. All exemptions from jury duty now of force in the County of Glynn shall apply and be of effect in said Court. Clerk's duties. Section 29. All laws in reference to the qualifications, relations, empaneling, fining, and challenging jurors now of force in this State, or hereafter to be enacted by the General Assembly regulating the same in the superior courts, shall apply to and be observed in said Court, except when inconsistent with the provisions of this Act. Jurors. Section 30. From said panel of twenty-four traverse jurors drawn and summoned by the provisions of this Act, the judge of said Court shall cause to be made up two juries, which shall be known and distinguished as juries number one and two, and all cases and issues to be tried by jury, whether civil or criminal, at that term of said Court shall be tried by one of these, or by a jury stricken

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from both, as hereinafter 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 at a regular term of said Court, the defendant shall be entitled to seven peremptory challenges and the State five. 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 courts shall apply to said Court, except where they are inconsistent with the terms of this Act. Juries One and Two. Section 31. The judge of said Court shall be authorized to appoint at each term of said Court not exceeding two bailiffs as officers of said Court. Such bailiffs shall be paid out of the treasury of the County of Glynn on the certificate of the Judge of said Court. Bailiffs. Section 32. Defendants in criminal cases in said Court may be tried on written accusations setting forth plainly the offense charged, prepared in his discretion by the prosecuting officer or founded on affidavit made by the prosecutor, except in criminal cases handed down to said Court by the superior court of the County of Glynn. Said affidavit shall be made before said judge, and said accusation shall be signed by the prosecutor and the prosecuting officer in said Court. Upon such affidavit and accusation being made and signed and filed in the office of the Clerk of said Court, it shall be the duty of the judge of said Court to issue a warrant for the apprehension and arrest of the defendant, directed to the sheriff of said Court or his deputy, and to all and singular the sheriffs and constables of said State. In all criminal cases within the jurisdiction of said Court, the defendant shall not have the right to demand an indictment by the grand jury of the County of Glynn. The judge of said Court shall inquire of the defendant whether he demands a trial by jury, and the response of the defendant

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shall be endorsed on said accusation and signed by the prosecuting officer in said Court. If the defendant demands a trial by jury, the judge of said Court, shall proceed with said cause, if at a regular term of said Court, according to the rules and laws of the superior courts, applicable to the trial of misdemeanors. If the defendant demands a trial by jury and the said Court is not sitting at a regular term, the judge shall admit the defendant to bail to appear at the next regular term, or, on the defendant's failure to give bond, shall commit him to jail until the next regular term of said Court. If the defendant waives trial by jury then said judge shall proceed to hear and determine such criminal cases conformably to the law governing the superior courts as the same may be applicable; provided, always, that a reasonable time may be granted to the State or the defendant to procure witnesses. Accusations. Section 33. The judge of the superior court may send down from the superior court of the County of Glynn all presentments and bills of indictment for misdemeanors to said City Court of Brunswick for trial, and all civil causes of which said Court has jurisdiction to try; the order so transmitting such cases to be entered on the minutes of both of said courts. Transfer of cases. Section 34. A writ of error shall be direct from the said Court to the Supreme Court or the Court of Appeals of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writ of error. Section 35. In all cases in said Court, the same powers and rights of parties as to the waiver in pleading or procedure, or other matters pertaining to the same, shall be allowed and upheld as are allowed and upheld by the laws and rules governing parties in the superior courts. Waivers.

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Section 36. The judge of said Court shall have power to grant a new trial in any case, civil or criminal, in said Court on oral motion or on his own motion instanter; otherwise, a new trial shall be granted or refused 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, except as hereinafter set out. 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 Court, except as hereinafter set out. New trials. Section 37. All jurors in said Court shall receive the same pay per day for their services, for every day of actual attendance, as is allowed jurors in the superior court of the County of Glynn, and shall be paid on certificate of the Clerk of said Court in the same manner and under the same rules and regulations as jurors in the superior court. Per diem of jurors. Section 38. All suits against joint obligors, joint promissors, copartners or joint trepassers in which any one or more of such persons resides in the County of Glynn, may be brought in said Court, 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. Section 39. All rules of the superior court relating to continuances, motions, pleas, and practice shall be applicable to said Court and shall obtain therein, except as hereinafter set out. Section 40. In all cases involving more than the principal amount of $200.00 filed or commenced in said Court the first term of said Court to which such case is brought shall be the appearance or return term and the third term shall be the trial or judgment term. All the laws, rules, and practice in said Court with reference to the terms thereof and

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to the continuances, pleadings, and trials of causes therein shall be the same as in the superior court, except as hereinafter set out. Appearance and trial terms. Section 41. In all cases filed or brought in said Court involving the principal sum of $200.00 or less, the procedure, pleading and practice in said Court shall be the same as that prescribed by law at the date of the passage of this Act for justices' courts, except as hereinafter set out. Cases involving $200 or less. Section 42. In all cases filed or brought in said Court involving the principal sum of $50.00 or less such cases shall be heard and determined by the judge of said Court and there shall be no right to appeal to a jury in said Court or to a jury in the superior court of the County of Glynn. In all cases involving more than the principal sum of $50.00 and less than the principal sum of $200.01 either party shall have a right to a jury trial on demand as hereinbefore set out. In all cases involving the principal sum of $200.00 or less the losing party shall have the right now given by law to certiorari to the superior court of the County of Glynn. $50 or less no appeal to a jury. Certiorari. Section 43. In all cases involving the principal sum of $200.00 or less all laws of force at the date of the passage of this Act relating to and governing justices of the peace and justice of the peace courts as to all matters and things of every kind and character, shall apply to said Court, the judges thereof and the proceedings herein, so far as the same may be applicable unless inconsistent with the provisions of this Act. Proceedure in cases of $200 or less. Section 44. The costs and fees charged in said Court in all cases involving the principal sum of $200.00 or less shall be the same as are provided by law at the time of the passage of this Act for justices' courts and constables in the County of Glynn for similar services, except jury fees. Costs and fees.

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Section 45. Each party filing a suit or proceeding in said Court involving the principal sum of $200.00 or less shall deposit with the Clerk of said Court at the time of the filing or commencement of said proceeding the sum of $3.00 as costs of suit; provided, however, said deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same, and provided, further, if the party making such deposit shall finally prevail in said suit or proceeding, the amount of said deposit shall be taxed as part of the costs against the losing party in said suit, and if recovered as against a losing party defendant, shall be refunded to the party depositing the same, after all costs have been paid. Deposit. Section 46. Where a party shall make oath that through his poverty he is unable to make the deposit of $3.00 hereinbefore provided for or is unable to pay costs or to give bond, any other party at interest or his agent or attorney may contest the truth of such pauper affidavit by verifying affiirmatively under oath that the same is untrue, or the judge of said Court may notify the party filing the said pauper affidavit that the Court desires the truth of the same tested. The issue thereby formed shall be heard and determined by the court under the rules of the Court, and if the charges be sustained, judgment shall be rendered as if no affidavit had been made or bond given. If the said charge be not sustained, where the contest has been made by the opposite party, his agent or attorney, the costs of such hearing shall be taxed against the party complaining. The judgment of the Court on all issues of fact touching the ability of a party to pay coses, give bond, or to make the deposit of $3.00, shall be final. Pauper affidavit. Section 47. Whenever the judge of said Court is from any cause absent or is disqualified from presiding, and neither the judge emeritus of said Court, if there be one, or the judge of the superior court cannot from any cause

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preside in said Court as provided for 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. Judge pro hac vice. Section 48. At, or within ten days after, each regular term of said Court, and at such other time as he may deem necessary, the judge of said Court shall distribute the costs, fines and forfeitures arising from criminal cases disposed of or pending before said Court as follows: All costs, fines and forfeitures in cases founded upon indictment and transferred from the superior court of the County of Glynn to said City Court of Brunswick shall be distributed as follows: After deducting the costs and fees due the officers of the superior court of the County of Glynn at the time said indictment or indictments were so transferred (which costs and fees shall be paid over to said officers, except such as by law now are payable to the County of Glynn), and, as well, the costs accruing upon such indictment or indictments since being so transferred to said Court, the amount thereafter remaining shall be paid into the treasury of the County of Glynn. Fines and forfeitures. Section 49. Said Court shall be held at the courthouse of Glynn County, or at such other adequate and convenient place as the Commissioner of Roads and Revenue of said County may provide, and said Commissioners of Roads and Revenue shall provide the necessary office, furniture, forms, and books for keeping the dockets, minutes, and records of said City Court. Where Court held. Section 50. Any judge of said Court may be impeached for misfeasance or malfeasance in this office. Said impeachment shall be preferred by presentment of the grand jury of the County of Glynn and said impeachment shall be tried before the superior court of said County under the rules

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governing the trial of misdemeanors. The impeachment of the judge by the grand jury shall operate to suspend him from office until the impeachment is tried. If the verdict of the jury impanelled to try the impeachment be for the impeachment, the court shall enter a judgment removing said judge from office, and the judge so removed shall thereafter be ineligible to hold said office. If the judgment of the court be against an impeachment, said judge shall be restored to his office as though no impeachment had been preferred. Impeachment. Section 51. An accurate record of all costs, fees and charges in said Court shall be kept by the clerk of said Court, and all civic costs, fees and charges of every kind and collected by any of the officers of said Court shall be immediately turned over to the clerk of said Court and entered at once by said clerk on his records, and on or before the fifth day of each month it shall be the duty of said clerk of said Court to furnish the Commissioners of Roads and Revenue of said County of Glynn a complete, accurate and sworn copy of all costs, charges and collections and to pay over all of the moneys collected to the treasurer of the County of Glynn; and said moneys so received by said treasurer from the clerk of said Court shall be held to the credit of said County and paid out on the warrant of the said Commissioners of Roads and Revenue of said County of Glynn. Failure of the clerk of said Court or of the officers of said Court to promptly comply with the provisions of this section shall make it the duty of the Commissioners of Roads and Revenue of the County of Glynn to immediately remove such official from office and they are hereby given that power; provided upon sufficient excuse in writing the time for the compliance by said official with this requirement is not postponed. Records. Section 52. It shall be the duty of the judge of said Court to see to it that the officers of the Court are diligent

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in the collection of costs, and to this end he shall call the issue docket of the Court on some fixed day in each month and shall adopt such other measures and rules as will insure the payment of costs by the party or parties liable for the same. Collection of costs. Section 53. The power and authority of the judge of said Court to punish as for contempt of said Court shall not exceed a fine of $300.00 or imprisonment for thirty days in jail, either or both in the discretion of the Court, and the matters, acts and things which may be held by said Court to contempt of court shall be the same as are now prescribed within the jurisdiction of the superior courts of the State. Contempt. Section 54. All cases, civil and criminal, now pending and undisposed of in the present City Court of Brunswick, and before all justices of the peace and notaries public and ex-officio justices of the peace in said County of Glynn, shall be, and the same are, hereby transferred to the City Court of Brunswick created by this Act, and the same shall be placed upon the proper docket in said Court, and shall be tried and disposed of as other cases in said Court. All final and other processes now in the hands of the sheriff, bailiffs or other officers, which are made returnable to the present City Court of Brunswick, or to any justice of the peace or notary public and ex-officio justice of the peace in the County of Glynn, shall be by them returnable to the City Court of Brunswick created by this Act, instead of said present City Court of Brunswick, or to said justice of the peace or notary public and ex-officio justice of the peace. The judge and other officers of said Court shall have power and authority to issue and enforce, in the name of said Court, any and all processes issued in any case from the present City Court of Brunswick or the justices of the peace and notaries public and ex-officio justices of the peace in the County of Glynn necessary to the final disposition of

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the same, which from any cause have not been issued and enforced by the officers of the present City Court of Brunswick or by any justice of the peace or notary public and ex-officio justice of the peace in the County of Glynn. All records, books and papers disposed of and of file in the present City Court of Brunswick, and with the justices of the peace and notaries public and ex-officio justices of the peace in the County of Glynn, shall be filed and deposited with the clerk of the City Court of Brunswick created by this Act. All writs of scire facias and final processes not satisfied, now in the hands of the sheriff of the present City Court of Brunswick, or in the hands of the constables of said County of Glynn, shall be levied and enforced by the sheriff of the City Court of Brunswick created by this Act and returns thereof made to said Court. Transfer of cases. Section 55. All matters pending and undisposed of on the first day of January, 1945, in the justices' courts, in notaries public ex-officio justices' courts in the County of Glynn and in the present City Court of Brunswick, shall be and they are hereby transferred to the City Court of Brunswick created by this Act for trial and disposition therein, and all final and other processes in the hands of the sheriff of the present City Court of Brunswick, or in the hands of the constables or other officers of the justices' courts and of the notaries public-ex-officio justices' courts in the County of Glynn, shall be by them returned to the City Court of Brunswick created by this Act, and all records and papers in said courts shall be delivered to the City Court of Brunswick created by this Act. The officers of the courts hereby abolished shall be entitled to all uncollected costs which may have accrued in cases in their respective courts so transferred up to the first day of January, 1945, upon the collection of the same by the officers of said Court. The clerk of the present City Court of Brunswick, or any justice of the peace, notary public ex-officio justice of

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the peace or constable who shall fail to transmit such suits, papers and documents and to return such processes within three days after written demand for such transmission and delivery has been made by the clerk of said Court, shall be held in contempt of said Court and shall be punished as provided here in case of contempt. Penalty. Section 56. Neither this Act nor any part of this Act shall take effect or be operative unless and until the Amendment to the Constitution of the State of Georgia authorizing the General Assembly to abolish the offices of justice of peace and notary public and ex-officio justice of peace, and constanbles in said County of Glynn shall be adopted, and upon the adoption of said Amendment the provisions of this Act shall become effective on January 1, 1945. Effective date. Section 57. If any section, paragraph, clause or provision of this Act should be held unconstitutional, inoperative or invalid by any court of competent jurisdiction, the same shall not affect or invalidate the remainder of this Act. Invalid part. Section 58. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1943. BRUNSWICK CITY COURT SALARIES. No. 46. An Act to amend an Act entitled An Act to amend an Act to establish the City Court of Brunswick in and for the County of Glynn, approved December 9, 1895, and to amend an Act amendatory thereof approved August 20, 1906, so as to change the salaries of the Judge, Solicitor, Sheriff and Clerk of said court; and for other purposes; so as to increase the salary of the Solicitor of said Court

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from October 1, 1942, for the continuance of the War emergency as proclaimed by the President 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 Section 2 of the Act approved August 11, 1927, entitled: An Act to amend an Act to establish the City Court of Brunswick in and for the County of Glynn, approved December 9, 1895, and to amend an Act amendatory thereof approved August 20, 1906, so as to change the salaries of the Judge, Solicitor, Sheriff and Clerk of said court; and for other purposes; be it and it is hereby amended by striking therefrom the words and figures eighteen hundred dollars ($1800.00) in the sixth line of said section, and inserting in lieu thereof the following words and figures, to-wit:at the rate of three thousand dollars ($3,000.00) per annum from the 1st day of October, 1942, until the end of the present war emergency as proclaimed by the President of the United States, and then to be restored to the rate of $1,800.00 per annum as provided in said Act so now being amended; so that said section shall provide that the salary of said Solicitor from October 1, 1942, until the end of said emergency shall be monthly at the rate of three thousand dollars per year, to revert at the said end of the emergency to the present rate of $1,800.00 per annum. Acts amended. Salary increased. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved February 11, 1943.

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CARTERSVILLE CITY COURT ABOLISHEDREFERENDUM. No. 259. An Act to Repeal an Act entitled An Act to establish a City Court in the County of Bartow and for other purposes, approved October 10, 1885 (Ga. Laws 1885 pages 487-94) and Acts amendatory thereof and make disposition of cases, judgment and issued thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Act establishing the City Court of Cartersville, approved October 10, 1885 (Ga. Laws 1885 pages 487 to 494 inclusive) and all amendments thereto be, and the same are hereby repealed; Provided however this Act shall become effective on the 31st day of December 1943 and as hereinafter provided. Acts repealed. Section 2. Be it further enacted by authority aforesaid, That all cases pending in the said City Court of Cartersville in the County of Bartow at the time this Act goes into effect, whether civil or criminal, shall be and the same are hereby transferred to the Superior Court of Bartow County and the same shall be in order for trial at the first regular term of said court, convening after this Act takes effect. Transfer of cases. Section 3. Be it further enacted by authority aforesaid that from and after Decemebr 31st, 1943 all dockets, minutes, court papers and books of said City Court, whether pertaining to criminal or civil cases, shall be transferred by the Clerk of said City Court to the Clerk of the Superior Court of Bartow County as a part of the records of said Superior Court and the Clerk of said Superior Court is hereby authorized to certify any portion of said records as a part of the records of said Superior Court. Records transferred.

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Section 4. Be it further enacted by authority aforesaid that all judgments, executions or other final processes issued from said City Court prior to the effective date of this Act shall remain alive and in full force and effect, just as if said City Court had not been abolished and all claims and other papers issued by said City Court shall be returnable to said Superior Court of Bartow County. Judgments in force. Section 5. Be it further enacted by authority aforesaid that the question of whether this Act shall become effective shall be submitted to the people of Bartow County and it is made the duty of the Ordinary of said county to place upon the ballot used in the General Election of 1943 the following words: For Abolishing the City Court and Against Abolishing the City Court. If a majority of the voters of Bartow County, voting in said election, vote for abolishing said court the same shall be abolished, as aforesaid, and if a majority vote against abolishing said court the same shall not be abolished. Referendum. Section 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 5, 1943. CHATTOOGA CITY COURTOFFICERS' COMPENSATION. No. 162. An Act To amend an Act entitled 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

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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 approved March 10, 1941 (Georgia Laws 1941, pages 621-634) by amending Section 2 of said Act by striking the words and figures Nine Hundred ($900.00) in lines 12 and 13 of said Section 2, and inserting in lieu thereof the words and figures Twelve Hundred Dollars ($1200.00); by amending Section 9 of said Act by striking the words except they receive no per diem in lines 5 and 6 of said Section 9; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved March 10, 1941 Georgia Laws 1941, pages 621-634) known as an Act establishing the City Court of Chattooga County, be and the same is hereby amended by striking the words and figures Nine Hundred ($900.00) in lines 12 and 13 of Section 2 of said Act, and inserting in lieu thereof the words and figures Twelve Hundred ($1200.00) so that said Section 2 when amended shall read as follows: Act amended. 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

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within thirty days of the next general election, then the appointment of the Governor shall continue for the remainder of the unexpired term. The judge of said City Court shall receive a salary of Twelve Hundred Dollars ($1200.00) per annum, which shall neither be diminished nor increased during his continuance, except to apply to a subsequent term in office, and which shall be paid monthly by the treasurer of the county of 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. To read. Salary. Section 2. That the Act approved March 10, 1941 (Georgia Laws 1941, pages 621-634) known as an Act establishing the City Court of Chattooga County, be and the same is hereby further amended by striking the words except they receive no per diem in lines 5 and 6 of Section 9 of said Act, so that Section 9 when amended shall read as follows: Further amended. 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 service in the Superior Court; 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. Sec. 9 to read. Fees of Clerk and sheriff.

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Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1943. CLINCH COUNTY COURT ESTABLISHED. No. 12. An Act to create and establish the County Court of Clinch in and for the County of Clinch; to provide the place and times of holding said court; to define its jurisdiction, powers, procedure and practice; to provide for the election of a judge, solicitor; to provide for other officers of said court, define their qualifications, powers and duties, and provide for their compensation; to provide for pleading and practice in said court, writs of errors therefrom; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the County Court of Clinch County is hereby created and established, to be located in the City of Homerville, which is the county site of Clinch County, which court shall have civil and criminal jurisdictions over and throughout the entire County of Clinch, concurrent with the Superior Court, to try and dispose of civil cases of whatever nature, except those which the Constitution of this State has given the Superior Courts exclusive jurisdiction; and to try and dispose of all offenses below the grade of felonies committed in the County of Clinch and the jurisdiction herein conferred shall include, in addition to ordinary suits by petition and process, attachment and garnishment proceedings, habeas corpus proceedings, illegalities, statutory awards, counter affidavits to any proceeding from said court, proceedings against intruders and tenants holding over, proceedings for partition of personalty, distress warrants,

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possessory warrants, and foreclosure of all liens, mortgages, and bills of sale to secure debt, except those on real estate. County Court created. Jurisliction. Section 2. Be it further enacted by the authority aforesaid, that all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State, in the same manner as judgments of the Superior Courts are, and all exceptions issuing from said county court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff or his deputies of the said county Court of Clinch County, and to all and singular the sheriffs or their deputies of the State of Georgia. Liens. Section 3. Be it further enacted by the authority aforesaid, that said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court, and such claims shall be tried in the same manner as claims in the Superior Courts; but that claims to real estate levied on under execution or other process from said county court shall be returnable to the Superior Court of the county where such real property is situated, and shall there proceed as other claims in the Superior Court. Claim cases. Section 4. Be it further enacted by the authority aforesaid, that the terms of said county court shall be monthly and quarterly, the monthly terms for the trial and disposition of both civil and criminal business requiring trial by jury. The said quarterly terms shall be held as follows: First Monday in January, April, July, and October of each year. Said monthly period shall be held as follows: On the first Monday of each month of the year. Provided, that the judge of said county court may dispense with the holding of any one or more of said monthly terms, when, in his opinion, the business before the court does not justify

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holding the same; and providing, further, that said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon. All terms of said court shall be held at the Court house in the City of Homerville, in the said County of Clinch and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said court may hold adjourned terms of the regular monthly and quarterly terms of said county court; and the judge may also, in his discretion, set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until said time or not. Terms. Section 5. Be it further enacted by the authority aforesaid, that suits in said county court shall in all respects be conformable to the mode of proceedings in the Superior Court, except as hereinafter provided; but the process to writs shall be annexed by the clerk of said county court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the county Court of Clinch County or 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 county court. Section 7. Be it further enacted by the authority aforesaid, that said County Court of Clinch County shall be a court of record, shall have a seal, and the minutes, records, orders, and books and files that are required by law and rules to be kept for the Superior Courts shall be kept in and for said county court and in the same manner; and all laws applicable to the powers and duties of the clerk and sheriff in said Superior Courts shall apply to them in said county

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court, except where they conflict with the provisions of this Act. Court of record. Enforcement of judgments. Section 8. Be it further enacted by the authority aforesaid, that all laws for the regulating and enforcing of judgments of the Superior Court, whether civil or criminal, shall apply to said County Court, and executions shall issue and be levied and sales be had there under the same rules and laws regulating the same in Superior Courts. Section 9. Be it further enacted by the authority aforesaid, that the judge of said county court is authorized to appoint, at each term of said court, such number of bailiffs as he may deem necessary; and the judge of said court shall have the same power to preserve order, to enforce his order and judgment, and to punish for contempt as is vested by laws in the judges of the Superior Courts of this State. Bailiffs. Judge. Section 10. Be it further enacted by the authority aforesaid, that there shall be a judge of said county court, who shall be elected by the qualified voters of Clinch County and commissioned by the Governor, who shall hold his office for a period of 4 years and thereafter until his successor is qualified. And in case of a vacancy the said office of this vacancy shall be filled by the appointment of the Governor for the unexpired term. The judge of the said county court shall receive a salary of six hundred dollars ($600.00) per annum which shall be paid monthly by the clerk of the Board of Commissions or other person or persons who are now or may hereafter be charged by law with the paying out of the money of the County of Clinch. And it shall be the duty of the Commissioners of Roads and Revenue of said County, or other proper officer, to make provisions 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. Election. Salary.

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Section 11. Be it further enacted by the authority aforesaid, that no person shall be eligible for the office of said judge unless he shall be at least twenty-five years of age and a citizen of the County of Clinch for a period of twelve months prior to his election, and he shall, before entering upon the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal right to the rich and poor, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as Judge of the County Court of Clinch County, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me God, which oath shall be filed in the executive department. Eligibility. Oath. Section 12. Be it further enacted by the authority aforesaid, that whenever the judge of said county court is from any cause disqualified from presiding and the Judge of the Superior Court cannot from any cause preside in said court, as is provided for in the Constitution, then upon the consent of the parties, or upon their failure or refusal to agree, said cause be tried by a judge pro hac vice selected in the same manner as now provided for in the Superior Courts. Judge pro hac vice. Section 13. Be it further enacted by the authority aforesaid, that in case of the absence of the judge of said county court at any term thereof, the sheriff or clerk of said court may adjourn it to such time as the judge may in writing direct, or, if no direction be given the court shall be adjourned to the next regular term. Adjournment. Section 14. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said county court, elected and commissioned in the same manner provided for the election of the judge of said court. The said solicitor shall receive the same fees for each written accusation as

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are allowed for each indictment in the Superior Court, and his fees for all other services rendered shall be the same as are a solicitor-general in the Superior Court; but all such fees shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive the sum of fifty dollars ($50.00) per month, the same to be paid out of the county treasury. The said solicitor shall receive no other fees or compensation for his services, except that the solicitor of said county court shall for his services, in the Supreme Court and Court of Appeals be paid out of the Treasury of the State in the same manner as the solicitor-general of the Superior Court is paid for like services rendered in said courts. Solicitor. Salary. Section 15. Be it further enacted by the authority aforesaid, that no person shall be eligible to the office of solicitor of said County court unless he is a resident of said county and has been such a resident for at least 12 months next preceeding his qualifying for said office; been admitted to the practice of law for six months; and he shall, before entering the duties of his office, take and subscribe the following oath: I do swear that I will faithfully and impartially, and without fear, favor, or affection, discharge my duties as solicitor of the County Court of Clinch County, and will take only my lawful fees of office; so help me God, which oath shall be filed in the executive department. Eligibility of solicitor. Oath. Section 16. Be it further enacted by the authority aforesaid, that in case of the absence of said solicitor or his inability from illness or otherwise to appear and prosecute any cause at any term of said court, the judge of said court may appoint a solicitor pro tempore to perform the duties of the solicitor in such absence or inability, and such solicitor pro tempore shall be entitled to receive for his service, should he require it, not exceeding four dollars ($4.00) per day to be paid by the solicitor out of his compensation provided for in section 14 of this Act. Solicitor pro tempore.

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Section 17. Be it further enacted by the authority aforesaid, that the clerk and his deputies of the Superior Court of Clinch County shall be ex-officio clerk and deputies of said County Court. Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge his duties thereof, which oath shall be entered on the book of minutes of said county court; and he shall also, before entering on the duties of his office, execute a bond with good security, to be approved by the judge of said court, in the sum of five hundred dollars ($500.00) for the faithful discharge of the duties of his office, such bond to be in the form required for clerks of the Superior Court. Clerk. Oath and bond. Section 18. Be it further enacted by the authority aforesaid, that the sheriff and his deputies of Clinch County shall be ex-officio sheriff and deputy sheriffs of the County Court of Clinch County, and in his official connection with said court the sheriff of Clinch County shall be known as the sheriff of County Court of Clinch County; before entering upon the discharge of the duties of his office, said sheriff shall execute a bond with good security in the sum of five hundred dollars for the faithful dishcarge of the duties of his office, said bond to be approved by the judge of said court. Sheriff and deputies. Bond. Section 19. Be it further enacted by the authority aforesaid, that all the duties and liabilities attached to the office of clerk of the Superior Court and to the office of Sheriff shall be attached to the office of clerk of the County Court of Clinch County and to the office of sheriff of the County Court of Clinch County respectively; and that the Judge of said County Court of Clinch County is empowered to enforce the same authority over the said clerk and sheriff and their deputies as is exercised by the judges of the Superior Courts over the clerks of the Superior Courts and over the sheriffs of the counties of Georgia. Authority of clerk and sheriff.

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Section 20. Be it further enacted by the authority aforesaid, that the clerk and sheriff, and their deputies of said county court shall receive for their services the same fees as are allowed by law for like services in the Superior Court, except that in all civil actions where the principal amount claimed is less than three hundred dollars the clerk's costs shall be one-half the amount allowed for similar services in similar cases in the Superior 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 County Court shall in his sound discretion allow. The said sheriff and clerk shall be amenable to the same processes and penalties as they are now amenable to as officers of the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said county court as they are now or may hereafter be entitled to in the Superior Court. In all actions ex contractu where the amount of the judgment recovered is less than fifty dollars principal, the plaintiff shall only be entitled to recover judgment for justice court costs, and such plaintiff shall himself be liable for the balance of the costs in such cases. Fees. Section 21. Be it further enacted by the authority aforesaid, that a reporter or stenographer for said County Court may be appointed by the judge of said court, to take down and transcribe testimony and charges of the court in criminal and civil cases tried therein. All civil cases tried in said court shall be reported at the request of either side, plaintiff or defendant, and the fees for reporting such cases shall be the same as those allowed and charged in similar cases

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

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regulating the same in the Superior Court, shall apply to and be observed in said county court, except when inconsistent with the provisions of this Act. Jurors, laws applicable. Section 24. Be it further enacted by the authority aforesaid, that unless, in the opinion of the judge, the business of the court demands it, traverse jurors shall be drawn and summoned to serve only at the regular quarterly terms thereof. Section 25. Be it further enacted by the authority aforesaid, that from a panel of twenty-four jurors drawn and summoned by the provisions of this Act, to serve at 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, except where they are inconsistent with the terms of this Act. Two juries. Selection. Section 26. Be it further enacted by the authority aforesaid, that all defendants in criminal cases in which the prosecution originates in said county court, or where such defendants are bound over to said county court by any justice of the peace or notary public or other judicial officer, shall be tried on written accusations setting forth plainly the offense charged, founded upon affidavit of the

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accuser and signed by the solicitor of said county court; and all the proceeding after accusations shall conform to the rules governing in the Superior Courts. And that in all cases tried upon accusations the offense shall be charged with the same particularity both as matter of form and substance as is required by the laws and the rules of criminal pleading to be observed in bills of indictment in the Superior Courts. Accusations. Section 27. Be it further enacted by the authority aforesaid, that the judge of said county court shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions and under the same laws and regulations governing the granting of new trials in the Superior Courts; and all rules of pleading, practice and procedure, governing motions, rules nisi and other proceedings in new trials in the Superior Courts, shall apply to and govern the same in said county court. New trials. Section 28. Be it further enacted by the authority aforesaid, that writs of error shall be directed from said county court to the Supreme Court and the Court of Appeals of this State upon bills of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the Superior Court of this State. Writs of error. Section 29. Be it further enacted by the authority aforesaid, that the judge of the Superior Court of Clinch County may send down from the Superior Court of said County all presentments and bills of indictment for misdemeanors to said county court for trial or other disposition, the order so transmitting such cases to be entered on the minutes of both of said courts. Misdemeanors transferred. Section 30. Be it further enacted by the authority aforesaid, that all suits shall be by petition, and process shall be made returnable to the next terms of said court, whether

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the same is a monthly or a quarterly term, provided such suit is filed in the clerk's office not less than twenty days before the first day of said term; and when the petition is filed on a date less than twenty days before the first day of said term; the process shall be made returnable to the next succeeding term thereafter, whether monthly or quarterly, which shall be the appearance term. And whenever process is not served the length of time required by law before the appearance term, such service shall be good for the next succeeding term thereafter, whether it be monthly or a quarterly term. Petition. Appearance. Term. Section 31. Be it further enacted by the authority aforesaid, that in all cases, the judge at each term, monthly and quarterly, shall call the appearance docket upon some day previously fixed, or on the last day of the term, and, upon such call, all cases in which the defendant has not filed a demurrer, plea, answer or other defense shall be marked In Default, and in such default cases, except as such may be founded upon unliquidated claims or demands, judge shall thereupon at said appearance term render judgment without the verdict of the jury; and in all default cases founder upon unliquidated claims or demands, the judge shall, at the request of the plaintiff, hear evidence of value or loss and fix the same, and the judge shall thereupon render judgment without the verdict of a jury. Call of docket. Section 32. Be it further enacted by the authority aforesaid, that, except as otherwise provided in this Act, all laws and rules that are now or may hereafter be in force in the Superior Courts of this State, in regard to appearance and pleading, calling the appearance docket, entering and opening defaults, motions, services, waivers, acknowledgments, pleading, trials, examinations of witnesses, conduct of cases, instructions to juries, rules of evidence, answers, amendments, demurrers, pleas, procedure and practice, legal remedies,

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the production of books, papers, etc., shall appertain in said county court. Superior Court rules applicable. Section 33. Be it further enacted by the authority aforesaid, that all jurors in said county court, for their services for every day of actual attendance, shall be paid the same amount in the same manner and under the same rules and regulations as jurors in the Superior Court of Clinch County. Per diem of jurors. Section 34. Be it further enacted by the authority aforesaid, that all suits against joint obligors, joint promisors, copartners, or joint trespassers in which any one or more resides in the County of Clinch may be brought in county court within its jurisdiction as already stated under the same rules and regulations governing such cases in the Superior Court mutatis mutandis as to copies, second originals, returns, and other matters connected by the suit. Mutatis mutandis. Section 35. Be it further enacted by the authority aforesaid, that the judge of said county court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within its jurisdiction in all cases according to the general laws of the State, and the judge and all other officers of said county court shall have power, respectively, to administer oaths pertaining to their office, as the judge and other officers of the Superior Court may in like cases do; and the said judge shall also have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which by existing laws such papers may be attested and affidavits administered by the justices of the peace of this State. Powers of Judge. Section 36. 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 County Court of Clinch County and to

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all and singular the sheriffs and constables of this State; and the judge of said county court may, or any justice of peace or notary public may, issue attachments and garnishments returnable to said county court under the same laws that govern the issuing of attachments and garnishments returnable to the Superior Court. Attachments and garnishments. Section 37. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues of Clinch County shall provide a suitable place in the county court house for the holding of said county court, provide the court with such stationery, writing materials and blank accusations as may be required, and provide the necessary books for keeping the dockets, minutes and records of said court. Section 38. Be it further enacted by the authority aforesaid, that all fines and forfeitures arising from cases tried in said county court, except the proportions due the solicitor, which shall be paid into the county treasury as provided for under section 14 of this Act, shall be subject to the payment of the fees and costs of the clerk and sheriff of said court, the same to be distributed pro rata under the same rules and regulations governing the fees of said officers as now provided by law; provided, that in all cases in which the justices of peace and ex-officio justices of the peace have bound over any offender to said court, or to the Superior Court and the case is afterwards transferred to said county court, such magistrate binding over shall be entitled to share as to his costs in the particular case with the officers of said county court hereinbefore named, upon the same terms in any * * This language follows the Act. (Compiler). or forfeiture that may arise therefrom; provided further, that the County of Clinch shall not be liable to the said officers of said court, to-wit, the clerk, sheriff, justices of the peace and ex-officio justices of the peace, for insolvent costs in any criminal case except the costs in the

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cases where the convicted defendants are hired out by the county authorities in which event the county authorities shall pay to the officers above named the costs in such cases. The clerk of said county court is hereby charged with the duty of collecting, receiving and pro-rating the fines and forfeitures mentioned herein, and it shall be his duty to keep such records thereof as are required to be kept in the Superior Court, and he shall faithfully account for all moneys as received. Fines, etc., subject to payment of fees of officers. Section 39. Be it further enacted and same is enacted that a member of the Legislature or State Senate can be Judge or Solicitor of said County Court of Clinch County, Georgia. Member of General Assembly eligible as Judge or Solicitor. Section 40. Be it enacted by the authority aforesaid that E. J. Smith shall be Judge of said County Court of Clinch County, Georgia, and shall serve until his successor qualifies and Ben T. Willoughby shall be and he is hereby named the Solicitor of said County Court of Clinch County and he shall be the Solicitor until his successor is elected and qualified. Any one to be qualified to be Solicitor must be a practicing attorney residing in the County of Clinch for at least twelve months and must have been admitted to the practice of law at least six months before taking office. Judge and Solicitor designated. Section 41. Be it further enacted that the officers of said County Court of Clinch County, Georgia, shall be elected by the registered voters of Clinch County, Georgia, at the next election held for county officers of the County of Clinch and the Judge and Solicitor elected at that time shall go into office on the first day of January following said election and shall hold office for four years. Election. Section 42. Be it further enacted by the authority aforesaid that for any reason any section or sections of this Act shall be held unconstitutional that the remaining parts of this Act shall be valid. Invalid parts.

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Section 43. Be it further enacted by the authority aforesaid that this Act shall become effective on or after passage and approval by the Governor. Section 44. 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. The Act to create the County Court of Clinch County, Georgia, Georgia Laws Extra Session, 1937-1938, pages 690 to 704 inclusive is hereby repealed and abolished. Also Georgia Laws 1937-1938 Extra Session, pages 704 to 705, being an Act to restore the Clinch County Court is hereby repealed and abolished. Acts abolished. Approved January 29, 1943. CLINCH COUNTY COURT SOLICITORVACANCY. No. 165. An Act to amend an Act approved January 29, 1943, entitled An Act creating the County Court of Clinch, in and for the County of Clinch; defining its jurisdiction, powers, procedures and practices and providing for the election of a Judge, Solicitor and other officers and prescribing their powers, duties and compensation, etc. and for other purposes, by providing for the filling of vacancies in the office of Solicitor of said Court. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act of the General Assembly of Georgia approved January 29th, 1943, creating the County Court of Clinch in and for the County of Clinch and defining its jurisdiction, powers, procedures and practices, and providing for the election of a Judge, Solicitor and other

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officers and prescribing their powers, duties and compensations, etc. and for other purposes; be and the same is hereby amended by adding at the end of Section 14 of said Act as it now reads the following: Act 1943 amended. In case of a vacancy in the office of Solicitor of Said Court it shall be filled by appointment by the Governor for the unexpired term So that as amended Section 14 of said Act shall read as follows: Be it further enacted by the authority aforesaid, that there shall be a solicitor of said county Court, elected and commissioned in the same manner provided for the election of the judge of said court. The said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the Superior Court, and his fees for all other services rendered shall be the same as are a solicitor general in the Superior Court; but all such fees shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive the sum of fifty ($50.00) per month, the same to be paid out of the county treasury. The said solicitor shall receive no other fees or compensation for his services, except that the solicitor of said county court shall for his services, in the Supreme Court and the 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. In case of a vacancy in the office of Solicitor of said Court it shall be filled by appointment by the Governor for the unexpired term. Sec. 14 to read. Vacancy. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 22, 1943.

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COLUMBUS CITY COURT SALARIES. No. 36. An Act to change and fix the salaries of the Judge and Solicitor of the City Court of Columbus, and provide payment of same; to prohibit the Judge of said City Court of Columbus from engaging in the private practice of law; 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 salary of the judge of the City Court of Columbus shall be the sum of Six Thousand ($6,000.00) Dollars per annum; the salary of the Solicitor of the City Court of Columbus shall be the sum of Five Thousand ($5,000.00) Dollars per annum. Said salaries shall be paid monthly. Salaries. Section 2. Be it further enacted that the salaries aforesaid shall be paid to said officers in lieu of the salaries now paid said officers, and shall be paid from the same source, upon the same terms, and at the same time as now provided by law. Section 3. Be it further enacted that the Judge of the City Court of Columbus is prohibited from engaging in the private practice of law. 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. Practice of law by Judge prohibited. Approved February 11, 1943.

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DARIEN CITY COURT JUDGE AND SOLICITOR. No. 44. An Act to amend an Act approved August 17, 1929, (Georgia Laws 1929 pages 409-420) entitled 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, and as amended by an Act approved March 24, 1933, (Georgia Laws 1933 pages 322-326), and as further amended by an Act approved March 27, 1941, (Georgia Laws 1941 pages 644-645); so as to strike sections four, five and six relating to the judge and Solicitor; so as to provide other methods for their selection and compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that section four of the above-recited act, with all amendments thereto, be and the same is hereby amended by striking section four in its entirety and enacting in lieu thereof a new section four to read as follows: Acts amenled. Section 4. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that there shall be a Judge of the City Court of Darien, and that within thirty days after the approval of this Act the Ordinary of McIntosh County shall call and hold a special election for the election of a Judge of said Court for a term to expire January 1, 1947, any candidate to be a regular practicing attorney, of the McIntosh County Bar as of January 1, 1943, provided no such attorney enters his name as a candidate, any practicing attorney residing in Glynn, Wayne, Long or Liberty County may enter his name as a candidate. Candidated from McIntosh County shall enter their

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names with the Ordinary within five days after the election is called. If no candidate enters during the period of five days then the time shall be extended for an additional five days in which to allow the candidated from the other named Counties to enter. Provided further, that if only one candidate from McIntosh County should enter his name, the Ordinary shall cancel said ordered election and immediately certify said candidate to the Governor as the person selected for appointment as Judge of the City Court of Darien, and the Governor shall appoint and commission said person. His successor as Judge of said City Court shall be elected by the qualified voters of McIntosh County at the regular election to be held on Tuesday after the first Monday in November, 1946, or at such other time as the regular election is held for State Officers in said year of 1946, and one each four years thereafter, whose term of office shall be for four years and all vacancies in said office of Judge of said Court shall be filled by special election and commissioned by the Governor of said State, whose term shall be for the remainder of the unexpired term. The Judge of said Court shall receive a salary of $900.00 per annum, and shall be paid monthly by the Commissioners of McIntosh County out of County funds. New Sec. 4. Election of Judge. Salary. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted, that section five of the above-recited act, with all amendments thereto, be and the same is hereby amended by striking section five in its entirety and enacting in lieu thereof a new section five to read as follows: Further amended. Section 5. Be it further enacted by the authority aforesaid that any person appointed or elected Judge of said Court must be at least 25 years of age, a bona fide resident of the state, residing in McIntosh County, a practicing attorney, who shall have practiced law at least two years before his appointment. Provided, however,

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that if no qualified person residing in said County shall apply for appointment as Judge, or enter his name as a candidate ten days before regular election entries are closed, any qualified practicing attorney residing in Glynn, Wayne, Long or Liberty County shall, if otherwise qualified, be eligible for said Judgeship. He shall, before entering upon the discharge of his duties, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons and do equal rights to the poor and rich, and I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the City Court of Darien, according to the best of my ability and understanding, agreeably to the laws and constitution of this State and the constitution of the United States, so help me God, and said oath shall immediately thereafter be forwarded to the Governor and filed in the Executive Department. Said Judge may practice law in any other Court except the Court hereby created; he shall have authority to issue criminal warrants, to issue and dispose of distress warrants, and generally to do and perform all the acts which the Judges of the County or City Courts of this State are authorized to do, unless otherwise provided in this Act. New Sec. 5. Qualifications. Oath. Practice of law by Judge. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted, that section six of the above-recited act, with all amendments thereto, be and the same is hereby amended by striking section six in its entirety and enacting in lieu thereof a new section six to read as follows: Further amended. Section 6. Be it further enacted by the authority aforesaid that there shall be a Solicitor of the City of Darien, who shall be appointed and elected in like manner as the Judge and who shall hold office for a like term. All vacancies in said office shall be filled in the same manner as vacancies in the office of Judge, and shall possess

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the same qualifications as those provided herein for the Judge of said Court. In case of vacancy, absence or disqualifications of the Solicitor the Judge may appoint an acting Solicitor for any term of Court. The Solicitor shall receive as compensation one-fourth of all costs, fines, and forfeitures in criminal proceedings. New Sec. 6. Solicitor. Compensation. 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 are hereby repealed. Approved February 11, 1943. DECATUR CITY COURT SALARIES. No. 52. An Act to amend an Act entitled, An Act to create and establish The City Court of Decatur; to define the jurisdiction thereof; to fix the terms of said court, and to prescribe the practice and methods of procedure therein; to provide for the appointment of the Judge and Solicitor of said Court, and for other purposes, Approved August 16th, 1922, as amended by an Act, Approved August 11th, 1925, as amended by an Act, Approved August 1st, 1927, so as to change and increase the salary of the Judge and Solicitor of said Court, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act creating and establishing the City Court of Decatur, in and for the County of DeKalb, approved August 16th, 1922, as amended by the Act, approved August 11th, 1925, and by the Act, approved August 1st, 1927, be amended by striking the words Four Thousand, Five Hundred and inserting in lieu thereof the

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words Five Thousand, Seven Hundred, so that the salary of the Judge of the City Court of Decatur shall be Five Thousand, Seven Hundred Dollars per annum, payable monthly, out of the Treasury of DeKalb County, authorized to pay out of the funds of said County. The salary of such Judge being an expense of said Court. Acts amended. Judge's salary. Section 2. Be it further enacted by the authority aforesaid; that said above recited Act, approved August 16th, 1922, as amended by the Act, Approved August 11th, 1925, and by the Act, approved August 1st, 1927, be amended by striking the words Three Thousand, Five Hundred and inserting in lieu thereof the words Four Thousand, Five Hundred, so that the salary of Solicitor of the City Court of Decatur, shall be, Four Thousand, Five Hundred Dollars per annum, payable monthly, out of the Treasury of DeKalb County, Authorized to pay out the funds of said County. The salary of such Solicitor being an expense of said Court. Solicitor's salary. Section 3. This act shall become effective and of force, from and after its passage and approval by the Governor. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1943. HINESVILLE CITY COURT JUDGE'S SALARY. No. 90. An Act to amend an act entitled an act to establish the City Court of Hinesville, in the city of Hinesville, Liberty County, Georgia; to define its jurisdiction and powers; to provide for the election of a judge and a solicitor thereof; to define their powers and duties, and fix their compensation. etc. approved August 9, 1916, appearing

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in Georgia Laws, 1916, pages 232-245 both inclusive, and an act amendatory thereof entitled an act to amend an act creating the City Court of Hinesville approved August 9, 1916, and for other purposes, approved August 16, 1920, appearing in Georgia Laws 1920, pages 334-336 both inclusive, so as to fix the salary of the Judge of said Court at fifteen hundred dollars a year, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that from and after the passage of this act, section four of the above recited act approved August 9, 1916, appearing in Georgia Laws 1916, pages 232-245, as amended by the above recited amendatory act, approved August 16, 1920, appearing in Georgia Laws 1920, pages 334-336, be, and the same is hereby amended by striking from said section four the words: which shall not be increased or diminished during his continuance in office, said words appearing in Georgia Laws 1916, on page 234 between the word year in the 27th line from the top of said page and the word and in the 29th line of said page, and by striking from said amendatory act the words which shall not be increased or diminished during his continuance in office, said words appearing in Georgia Laws 1920, on page 336 between the word year in the 7th line from the top of said page and the word and in the 9th line of said page. Acts amended. Section 2. Be it further enacted by the authority aforesaid that from and after the passage of this Act, section four of the above recited act, approved August 9, 1916, be, and same is hereby amended by striking the words six hundred dollars appearing in the 27th line from the top of page 234, and by striking the words nine hundred dollars from section four of said amendatory act approved August 16, 1920, appearing in the 7th line from the top of page 336 of Georgia Laws, 1920, and inserting in lieu

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thereof in both instances the words fifteen hundred dollars, so that the salary of the judge of said court shall be fifteen hundred dollars a year. Further amended. Salary. Section 3. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict with this act be and they are hereby repealed. Approved February 16, 1943. LANIER COUNTY COURT ABOLISHED. No. 333. An Act to abolish the county court of Lanier, established by the grand jury of said county at the July term, 1924, of the Superior Court of said county, as appears of record in minute book 1 page 112, and to provide for the transfer of all business now pending in 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 on and after the passage and approval of this Act the county court of Lanier County, established by the grand jury of said county at the July Term 1924, of the Superior Court of said county, as appears of record in minute book 1 page 112 be and the same is hereby abolished. Court abolished. Section 2. Be it enacted by the authority aforesaid, that all business, both civil and criminal, now pending in said county court of Lanier County be transferred for trial and final disposition in the Superior Court of Lanier County; and that all certioraries when passed upon by the judge of the Superior Court, and all fi fas returnable to said county court, when levied, shall be returned to the Superior Court of Lanier County, and the judge of said county court and the clerk thereof are hereby directed to turn over all papers

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in all civil and criminal cases pending in said county court to the clerk of the Superior Court of Lanier County. Cases and records transferred to Superior Court. 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 15, 1943. MILLEN CITY COURT ABOLISHED. No. 292. An Act to repeal An Act to create the City Court of Millen, in and for the County of Jenkins, approved August 10, 1912, Georgia Laws, 1912, pages 245, and all Acts amendatory thereof; to provide for the disposition of all cases, matters, papers, processes, whether mesne or final, therein pending, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, An Act approved August 10, 1912, Georgia Laws, page 245, entitled An Act to create the City Court of Millen, in and for the County of Jenkins; to submit the question of its establishment to the qualified voters of Jenkins County; to define its jurisdiction and powers; to provide for the election of a Judge, Solicitor, and other officers thereof; and to fix their compensation; to provide for pleading, practice and new trials therein, and writs of error therefrom, and for other purposes, be, and the same is hereby repealed, together with all Acts amendatory thereto. It being the intention of this Act to abolish the City Court of Millen and all laws amendatory thereof, and the same is hereby abolished. Act repealed. Section 2. Be it further enacted by the authority aforesaid, That all unfinished business pending in the City Court

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of Millen be transferred to another City Court of Millen for Jenkins County, Georgia, should another be created at this session of the General Assembly of Georgia, and there said unfinished business be disposed of as if originally brought in said new City Court, and that all cases arising from judgments in the present City Court of Millen, or executions, or other processes issuing from the present City Court of Millen, be returned to the new City Court of Millen for Jenkins County, should said new Court be created at this session of the General Assembly of Georgia, and should no new Court be created at this session of the General Assembly of Georgia, then the unfinished business pending in the present City Court of Millen shall be transferred to the Superior Court of Jenkins County, Georgia, and there disposed of as provided in this section to be disposed of in the new City Court of Millen should said new Court be created. Unfinished business transferred. Section 3. Be it further enacted by the authority aforesaid, That the officers of the present City Court of Millen shall turn over to the officers of the new City Court of Millen should same be created, or to the officers of the Superior Court of Jenkins County should no new City Court be created, all records, dockets, papers, processes and books belonging to the present City Court of Millen. Disposition of records, etc. Section 4. Be it further enacted by the authority aforesaid, That all offices in connection with the City Court of Millen be, and the same are hereby abolished. Offices abolished. Section 5. Be it further enacted by the authority aforesaid, That all cases now pending in the City Court of Millen of which the appearance term has passed upon the passage of this Act shall be considered as having had their appearance and the next term of the Court to which they may be transferred shall be the trial term for such cases; that in cases now pending in the City Court of Millen in which

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there has not been an appearance term at the time of the passage of this Act, the next term of the Court to which they may be transferred shall be the appearance term for such cases. Appearance and trial terms. 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 11, 1943. MILLEN CITY COURT ESTABLISHED. No. 300. An Act to establish the City Court of Millen, in the City of Millen in and for the County of Jenkins; to define its jurisdiction and powers; to provide for the election of a Judge, Solicitor, and other officers thereof; to define the powers and duties of the Judge, Solicitor, and other officers thereof; to provide for pleading, practice and new trials therein, and writs of error therefrom and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same; That from and after the passage of this Act and as hereinafter provided the City Court of Millen in the County of Jenkins is hereby established and created, with Civil and Criminal jurisdiction over the whole County of Jenkins concurrent with the Superior Court, to try and dispose of all Civil Cases of whatever nature, except those of which the Constitution of this State has given the Superior Court exclusive jurisdiction to try and dispose of, and all offenses below the grade of felony committed in the County of Jenkins. The jurisdiction here conferred shall include not only suits brought by petition and process, but also all

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other kind of suits and proceedings which now or hereafter may be in use in the Superior Court either under the common law or by statute, including among others attachment and garnishment proceedings, illegalities, counter affidavits to any proceedings from said Court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosure of all liens and mortgages. Court established. Jurisdiction. Section 2. The Honorable L. P. Strickland of said County of Jenkins shall be judge of said Court from this date until January 1, 1945. His successor shall be elected at the general election held for members of the General Assembly in the regular election in November 1944, to serve for the term of two years, and all other terms thereafter shall be for the term of two years. Should a vacancy occur in the office of Judge the Board of Commissioners of Roads and Revenues for Jenkins County shall appoint some competent attorney to hold said office until an election shall be held under the call of said Commissioners to fill such vacancy, the calling and holding of such election shall be under such rules and regulations as govern the election for the filling of vacancies in County offices. The Judge of said City Court shall receive a salary of Nine Hundred Dollars per annum to be paid in equal monthly installments from the treasury of Jenkins County, and shall receive no other compensation, but may practice law in any other Court except his own. Judge designated. Election of successor. Vacancy. Salary. Section 3. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said Judgeship unless he shall at the time of his election be at least twenty-five years of age, a resident of Jenkins County for three years, and a practicing attorney at law for four years preceding his election. He shall before entering upon the duties of his office take and subscribe the following oath: I do solemnly swear that I will administer justice

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without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as Judge of the City Court of Millen, of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God, which oath shall immediately be forwarded to the Governor and filed in the executive department. He shall before entering upon the duties of his office, give a bond for the faithful discharge of his duties in the sum of Two Thousand Dollars ($2,000.00), which bond shall be payable to the Governor of the State and filed and approved by the Ordinary of Jenkins County. Qualification. Oath. Bond. Section 4. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the laws of this State, said Judge shall have power to issue criminal warrants, warrants to dispossess tenants holding over, to issue writs of habeas corpus and hear and dispose of same with the same power as the Judges of the Superior Court, to issue distress warrants and to pass upon all issues arising therefrom, and generally to do all acts which the judges of County Courts in this State may do unless otherwise provided in this Act. And the Judge and all other officers of said City Court shall have power respectively to administer oaths pertaining to their respective offices, as the Judge and other officers in the Superior Court may in like cases do, and said Judge shall have the power to attest deeds and other papers, and administer affidavits in all cases anywhere in the State of Georgia in which by existing laws such papers may be attested and affidavits administered by a Justice of the Peace in this State. Powers.

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Section 5. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the power and authority to hear and determine without a jury, all civil cases over which the Court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in any case shall be entitled to a trial by a jury in said Court by entering and filing with the Clerk a demand therefor by himself or by his attorney, in writing, on or before the call of the docket at the term to which said cause is returnable, in all cases when said party is entitled to said trial by a jury under the Constitution and laws of this State which demand when so entered and filed shall be recorded by the Clerk upon the minutes of said City Court. Jury trials. Section 6. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the power and the authority to hear and determine without a jury, all criminal cases over which said City Court has jurisdiction, and to either acquit or convict and sentence the accused; provided, always, that the defendant, or his attorney, shall have previously waived the right to a trial by a jury. Section 7. Be it further enacted by the authority aforesaid, That the Honorable D. A. Bragg shall be solicitor of the City Court of Millen from this date until January 1, 1945. His successor shall be elected at the general election held for members of the General Assembly of Georgia in the regular election in November 1944, to serve for the term of two years, and all other terms thereafter shall be for the term of two years. Should a vacancy occur in the office of Solicitor, the Board of Commissioners of Roads and Revenues shall appoint some competent attorney to hold said office until an election shall be held under the call of said Commissioners to fill such vacancy, the calling and holding of such election shall be under such rules and

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regulations as govern the election for the filling of vacancies in county offices. Solicitor designated. Successor elected. Vacancy. Section 8. The Solicitor of said City Court shall receive a salary of Seven Hundred Twenty Dollars per annum, payable monthly, out of the Treasury of Jenkins County, and in addition to this the Solicitor shall receive his regular fees from the State in the prosecution of cases before the Court of Appeals of Georgia, and may practice law in any Court with the exception of representing defendants in criminal cases in the City Court of Millen. Salary and fees. Section 9. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said Solicitor unless he be at the time of his election at least twenty-one years of age, a qualified voter of Jenkins County, and must have practiced law continuously for one year next preceding his election. He shall before entering upon the duties of his office, give a bond for the faithful discharge of his duties in the sum of One Thousand Dollars which bond shall be payable to the Governor of the State, and filed and approved by the Ordinary of Jenkins County, and also he shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially, and without fear, favor, or affection, discharge my duties as Solicitor of the City Court of Millen, so help me God, which oath shall immediately be forwarded to the Governor and filed in the executive department. Qualifications. Bond and oath. Section 9-A. It shall be the duty of the Board of Roads and Revenues of Jenkins County to furnish suitable office space for the Judge and Solicitor of the city court of Millen and without cost to either. Office space. Section 10. Be it further enacted by the authority aforesaid: That it shall be the duty of the Solicitor of said City Court to represent the State in all cases in said City Court when the State shall be a party, and in cases carried to the

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Court of Appeals or Supreme Court of Georgia from said City Court in which the State shall be a party, and shall perform therein such other duties as usually pertain to this office. In case the Solicitor of said City Court is absent, or shall for any reason be unable to attend to the duties of the same, the Judge of said City Court shall appoint some competent attorney to act as Solicitor pro tem., which Solicitor pro tem shall receive for his services the sum of Five Dollars for every case he may prosecute to conviction while acting as such Solicitor Pro. Tem. to be paid out of the treasury of Jenkins County. The amount so paid the Solicitor pro tem shall be deducted from the salary of the regular Solicitor. Duties of solicitor. Solicitor pro tem. Section 11. Be it further enacted by the authority aforesaid, That the Clerk of the Superior Court of Jenkins County shall be ex-officio clerk of the City Court of Millen and in his official capacity with said City Court shall be known as Clerk of the City Court of Millen. Said Clerk shall before entering upon the duties of his office take and subscribe an oath before the Judge of said City Court to faithfully and impartially discharge his duties as Clerk thereof, which oath shall be entered upon the minutes of the City Court. He shall before entering upon the duties of his office, execute a bond with good security in the sum of Two Thousand Dollars for the faithful discharge of his duties and to well and truly account for all moneys that may come into his hands under and by virtue of being Clerk of said Court, which bond shall be made payable to the Governor of the State, and filed and approved by the Ordinary of Jenkins County. Said Clerk may also employ a Deputy-Clerk under the same rules and regulations as governing the appointment of Deputy-Clerks in the Superior Courts which Deputy shall be known in his official connection with said City Court as Deputy Clerk of the City Court of Millen. Clerk. Oath and bond. Deputy Clerk. Section 12. Be it further enacted by the authority aforesaid,

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That the sheriff of Jenkins County shall be ex-officio Sheriff of the City Court of Millen, and in his official connection with said court shall be known as Sheriff of the City Court of Millen. Said sheriff shall before entering upon the duties of his office take and subscribe an oath before the Judge of said Court to faithfully and impartially discharge his duties as sheriff of the City Court of Millen, which oath shall be entered on the minutes of said City Court. He shall before entering upon the duties of his office, execute a bond for the faithful discharge of his duty in the sum of One Thousand Dollars, which bond shall be payable to the Governor of the State and filed and approved by the Ordinary of Jenkins County. In addition thereto the said sheriff may be held liable for the faithful performance of his duty as sheriff of the City Court of Millen on his bond given by him as sheriff of Jenkins County. The said sheriff shall have the same authority to appoint a Deputy as is provided in the Code of Georgia for the appointment of Deputy Sheriffs, which deputy shall be known in his official connection with said Court as Deputy Sheriff of the City Court of Millen. Sheriff. Oath and bond. Deputy. Section 13. Be it further enacted by the authority aforesaid, That all the duties and liabilities not inconsistent with this Act attached to the office of Clerk of the Superior Court and to the office of sheriff of said County shall be attached to the office of Clerk of the City Court of Millen, and to the office of sheriff of the City Court of Millen, respectively, and a Judge of said City Court of Millen is empowered to enforce the same authority over said Clerk and Sheriff and their deputies as is exercised by the Judge of the Superior Court of this State over the Clerks of the Superior Courts and sheriffs of the Counties of Georgia. Section 14. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleading and practice, the laws governing the Superior Court, where

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not inconsistent with this Act, and unless otherwise specifically provided by this Act, shall be applicable to said City Court. Laws applicable. Section 15. 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 apply to said City Court as if named with the Superior Courts, so far as the nature of the case will admit. Attachments in said City Court, or returnable to said City Court, shall be directed to the Sheriff or his Deputies of the City Court of Millen, and to all and singular the sheriffs and Constables of this State; the Judge of said City Court or any Justice of the Peace, or Notary Public and Ex-Officio Justice of the Peace may issue attachments or summons of garnishments, returnable to said City Court under the same laws that govern the issuing of attachments, or summons of garnishment, returnable to said City Court under the same laws that govern the issuing of attachments, or summons of garnishment, returnable to Superior Courts. Attachments and garnishments. Section 16. Be it further enacted by the authority aforesaid, That proceedings on distress warrants in said City Court shall be conformable to the laws of this State on the subject in the Superior Courts. Distress warrants. Section 17. Be it further enacted by the authority aforesaid, That the general laws of this State with regard to the commencement of suits in the Superior Courts, defenses, set offs, affidavits of illegality, arbitration, examination, parties to suits, or witnesses including testimony de bene esse, witnesses and their attendance, continuance or other matters of a judicial nature within the jurisdiction of said Court, shall be applicable to said City Court, unless otherwise provided by this Act. It shall be competent to make additional parties to suits or proceedings in said City Court

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when it is necessary to determine the rights of persons interested, without reference to who are original parties, or what the nature of the proceedings. Parties may make defense on all grounds whether legal or equitable. Procedure. Section 18. Be it further enacted by the authority aforesaid, That the terms of said Court shall be monthly and quarterly for the trial and disposition of both civil and criminal business. The monthly terms shall be held on the third Mondays of each month in the year, and the quarterly terms on the third Mondays in January, April, July and October of each year, and said terms shall continue from day to day unless adjourned over to some other day in the discretion of the judge, until the business is disposed of. When the monthly and quarterly sessions fall on the same day, the business of the monthly session shall be first disposed of and immediately upon the disposition of the business of the monthly term, the Judge shall convene the Court in quarterly session. Suits for not exceeding Two Hundred Dollars, principal, and all proceedings and issues when not over Two Hundred Dollars is involved, shall be returned to the monthly session of said Court and shall stand for trial at the first term unless a defense is filed in which event the second term shall be the trial term, unless a jury is demanded and it is necessary to continue the trial of the case to get a trial by jury. Ordinary suits brought to the monthly term shall be filed in the Clerk's office at least fifteen days before the term to which they are returnable, and the same shall be served at least ten days before said term. All other causes and proceedings must be brought to the quarterly term in like manner as suits are now brought in the Superior Court, and the first term of said Quarterly Session shall be the appearance term; provided, that in all cases brought in said City Court final judgments may be had at the first term to which the cause is returnable and execution issue therein, unless a plea or defense is filed under

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the rules governing the filing of pleas or defenses in the Superior Court at the time of the calling of the appearance docket, in which event the second term shall be the trial term, except the trial may be had at the first term where the parties consent. The Judge shall call the appearance docket on the last day of each term. Terms. Section 19. Be it further enacted by the authority aforesaid, That all judgments obtained in said Court shall be a lien on all property of the defendant, or defendants, throughout the State, in the same manner as judgments in the Superior Courts are. All executions issuing from said Court shall be attested in the name of the Judge and signed by the clerk and directed to the sheriff of the City Court of Millen, or his Deputies, and to all and singular Sheriffs or their Deputies of the State of Georgia. Section 20. 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 Courts, except as otherwise provided in this Act. But the process to writs shall be annexed by the Clerk of said City Court, be attested in the name of the Judge thereof, and be directed to and served by the Sheriff of the City Court of Millen, or his lawful deputies, or to the Sheriff of Jenkins County, or his Deputies, except as otherwise provided in this Act. Judgments. Section 21. Be it further enacted by the authority aforesaid, That the Solicitor of said City Court shall appear and represent the State in all preliminary hearings in the County of Jenkins in criminal cases over which said Court has jurisdiction. Solicitor in criminal cases. Section 22. Be it further enacted by the authority aforesaid, That the said City Court of Millen shall be a court of record, and shall have a seal, and the minutes, records, orders, dockets, and files that are required to be kept in the

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Superior Courts shall be kept in and for said City Court and in the same manner and shall be provided for in the same manner as the Superior Courts. Court of record. Section 23. Be it further enacted by the authority aforesaid, That all laws regulating the enforcements of Judgments of the Superior Court, whether criminal or civil, shall apply in said City Court. And the executions shall issue and be levied and advertised and sale made thereunder under the same rules and laws regulating the same in the Superior Court, regardless of the amount involved, except when the amount is less than One Hundred Dollars, and the property to be sold is not real estate, sale may be had without advertisement in newspaper upon ten days notice at the Court House door. Judgments and executions. Section 24. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the Judges of the Superior Courts. Powers of Judge. Section 25. Be it further enacted by the authority aforesaid, That the Clerk of said 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 grand or petit jurors in the Superior Court of the County of Jenkins, and it shall be the duty of the said clerk to make out tickets equal to the number of names in said list, and he shall write upon the said tickets all of said names, one name on each ticket, and deposit the name in a box to be provided and numbered one; until there shall be a ticket in said box 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 said clerk every time the jury list of said County is revised by the Jury Commissioners for said County. Said box shall be known as the

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City Court jury box and shall be so constructed as that it shall have two apartments, and shall be kept under one lock and seal, and shall not be opened by any one except the Judge of said Court or some Judge acting in his stead for the drawing of juries, or for revision as herein provided for. The apartments of said jury box shall be numbered one and two, and when apartment number one is exhausted by the drawing of juries, the tickets and names in number two shall be placed back in number one, and the same process shall be gone over again and again as box number one is exhausted. The Clerk shall keep the jury box and the sheriff shall keep the key to the same. At each monthly term of said Court preceding the monthly and quarterly terms to be held in January, April, July and October the Judge, if necessary, shall draw not less than one twelve * * This language follows the Act. (Compiler). nor more than thirty names from said jury box to serve as jurors during the monthly and quarterly terms to be held in January, April, July and October. The Judge may draw juries in the presence of the Clerk and sheriff in vacation under the same rules and regulations as juries are drawn in vacation for the Superior Court. The law in regard to exemption from jury duty in the Superior Court shall apply in the City Court. Jurors. Drawing. Section 26. Be it further enacted by the authority aforesaid, That all laws in reference to the qualifications, relations, empanelling, challenging, and compelling the attendance of jurors now in force in this State, or may hereafter be enacted into law, regulating the same in the Superior Courts, shall apply to and be observed in the said City Court when not inconsistent with this Act. Qualification of jurors. Section 27. Be it further enacted by the authority aforesaid, That when jurors are drawn as provided by this Act, the Clerk of said City Court shall make out a record of the names so drawn, and prepare a summons for each juror,

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and deliver the same to the sheriff of the City Court, or his Deputy at least fifteen days before the next term of said Court, which sheriff, or his deputy, shall serve said summons at least ten days before the term of Court the jurors are required to attend. The sheriff of the City Court shall be entitled to a fee of ten dollars for summoning the jurors for each jury term, the same to be paid as hereinafter provided. Summons. Section 28. Be it further enacted by the authority aforesaid, That twelve jurors shall constitute a panel, unless a trial by a jury of twelve is demanded. When a trial by a jury of twelve is not demanded, the jury shall be selected as follows: In civil cases each side shall have three strikes, and in criminal cases the defendant shall have four strikes and the State two strikes; six shall thus constitute a jury. When a jury of twelve is demanded in any case by either party, a list of twenty-four jurors shall be furnished and each party shall be entitled to the same number of strikes as they are in like cases in the Superior Courts. The Judge shall have the power to complete the panel by drawing more jurors from the jury box as in Superior Court. All City Court jurors shall be paid the same as jurors in the Superior Court. Panel. Strikes. Section 29. Be it further enacted by the authority aforesaid, That it shall be the duty of committing Courts in the County of Jenkins, to bind over to said City Court for trial or to commit for trial to said City Court, all persons committed or admitted to bail by them for misdemeanor, and all persons charged with such offense in said County may be brought directly before the Judge of said City Court for trial without any committing trial, but in no case shall a defendant in a criminal case be denied the right to demand and obtain a preliminary trial before a Justice of the Peace, although the warrant for his arrest may be issued by the Judge of said City Court; provided, however, that the defendant

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shall make such demand in writing and deliver same to the sheriff of said City Court within three days after his arrest. Whenever any person is committed to jail in said County for an offense within the jurisdiction of said City Court, it shall be the duty of the jailer to communicate that fact to the Judge or the Solicitor of said 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 possible or practicable. Said City Court shall be at all times open for the trial of criminal cases, except when a jury is demanded the defendant shall be given a trial at the first opportunity of getting him before a jury in said Court subject to the law of continuances in the Superior Court. Preliminary trials. Section 30. Be it enacted by the authority aforesaid, That no defendant in a criminal case over which said City Court has jurisdiction shall have a right to demand an indictment by a grand jury, and that all criminal trials in said City Court shall be by the Judge and without a jury, except when the accused shall demand a jury in writing, and file the same with the clerk on or before the call of the case, which demand when so filed shall be entered by the Clerk upon the minutes of said Court. Whenever the accused in a criminal case shall waive a trial by jury, or shall enter a plea to the accusation or indictment, the same shall be a waiver of trial by jury, and he shall not thereafter have the right to recall such waiver; when a trial by jury is demanded, if it is a special session of said Court the case shall be continued until the next Jury term of the Court, and shall then stand for trial as other cases. When on investigation of a case on accusation, the same appears to be a felony the trial shall be suspended and the defendant committed or bound over to the next term of the Superior Court as in regular preliminary investigation. The Judge of the Superior Court of said County may transfer, either in term time or vacation, by his order to said City Court

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for trial all presentments and bills of indictment found by the Grand Jury for offenses within the jurisdiction of said City Court, the order transmitting such cases to be entered on the minutes of both of said Courts. All bonds returnable to the Superior Court shall follow the case to the City Court when so transferred and the defendant in such cases shall be bound to appear in said City Court at its first term after such bill is transferred. In like manner the Judge of the Superior Court of said County may, by order, transmit to said City Court all civil cases standing for trial on the docket of the Superior Court of said County and which are embraced within the jurisdiction of said City Court, which he may deem proper; provided, both parties agree thereto. Jury trials. Transfer of cases. Section 31. Be it further enacted by the authority aforesaid, That defendants in criminal cases in 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, or Solicitor pro tem., in case the Solicitor pro tem. is acting for the regular Solicitor, and shall have endorsed thereon the name of the prosecutor. All other proceedings after accusation shall conform to the rules governing like cases in the Superior Court, except there shall be no jury trials unless demanded by the accused and provided a demand for jury trial may be recalled at any time by the accused before the trial. In all cases tried the accusation shall set forth plainly the offense charged with the same particularity both as to matter of form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the Superior Court. Accusations. Section 32. Be it further enacted by the authority aforesaid, That no criminal cases shall be settled in said City Court except upon the same rules and regulations as govern the settlement of misdemeanors in the Superior Courts, and should a criminal case be so settled, and the Judge of

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said City Court deem it proper to tax the costs of prosecution against either party, then and in that event, the cost in said case shall be the same as if said case were in the Superior Court; but the entire cost in such cases shall be collected by the Clerk and turned over to the Treasury of Jenkins County and there kept to be disposed of as other City Court funds. Settlements. Section 33. Be it further enacted by the authority aforesaid, That in all suits for the recovery of personalty said City Court of Millen shall have jurisdiction for all amounts whatsoever over the entire County. Personalty. Section 34. Be it further enacted by the authority aforesaid, That in all cases writs of error shall be direct from said City Court to the Court of Appeals or Supreme Court of Georgia under the same rules and regulations as are now provided by law for writs of error from the Supreme Court. Writs of error. Section 35. Be it further enacted by the authority aforesaid, That in all cases in said City Court the same powers and rights of parties as to waivers, pleading and procedure, or other matters pertaining to same shall be allowed and upheld by the same laws and rules as in the Superior Courts of this State. Waivers. Section 36. Be it further enacted by the authority aforesaid, That the Judge of said City Court shall have the 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 grant of new trials in the Superior Courts. All rules of pleading, practice and procedure, governing motions, rules nisi, and other proceedings in new trials in the Superior Courts shall apply to and governing the same in the said City Court. New trials.

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Section 37. Be it further enacted by the authority aforesaid, That all suits against joint obligators, joint promisors, joint tort feasors, and joint trespassers, in which one or more may reside in the County of Jenkins, may be brought within said City Court within its jurisdiction under the same rules and regulations governing such cases in the Superior Courts, mutatis mutandis as to copies, second original, returns, and other matters connected with the suit. All petitions and suits shall be addressed to The City Court of Millen. Mutatis mutandis. Section 38. Be it further enacted by the authority aforesaid, That all rules of the Superior Court relating to continuances, motions, pleas, and practices shall be applicable to said City Court and shall obtain therein. Rules applicable. Section 39. Be it further enacted by the authority aforesaid, That Scire Facias to make parties in any cause in said City Court shall be had as in the Superior Court, but such fieri facias shall run throughout the State and may be served by any sheriff or his deputy. Fi. fas. Section 40. Be it further enacted by the authority aforesaid, That the Judge of said Court shall have the power to hold adjourned terms of said City Court whenever he shall deem same necessary, and in the absence of the Judge at any term thereof, the Sheriff or the Clerk of such Court may adjourn to such time as the Judge may direct, or if no direction be given shall be adjourned until the next term. Adjournments. Section 41. Be it further enacted by the authority aforesaid, That whenever the judge of the City Court is absent or for any reason is disqualified to try a civil case, the judge of the Superior Court, the Judge of any City Court in this State may try said Civil case, or a judge pro hac vice may be procured to try said Civil Case under the same rules and regulations as a judge pro hac vice is procured in the Superior Court. Should the Judge of the City Court

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of Millen be disqualified to try a criminal case in said City Court, then the Judge of the Superior Court, or a judge of any other City Court in this State shall be qualified to try said case. Judge disquolified. Pro hac vice. Section 42. The Clerk and Sheriff of the said City Court of Millen shall receive in all civil business transacted in said Court, in which the principal sum does not exceed One Hundred Dollars, one-half of the fees which the Clerk and Sheriff of the Superior Court receive. In all other civil business, unless otherwise specified in this Act, they and their deputies shall receive for all services the same fees as are allowed by law for like services in the Superior Court. They shall be amenable to the processes and penalties as they are now amenable to as officers of the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said City Court as they are now entitled to in the Superior Court. Costs in civil cases shall be collected from the party, or parties, cast in the suit. Fees in civil cases. Section 43. Be it further enacted by the authority aforesaid, That the Clerk of the City Court of Millen shall receive for his services in criminal cases the same fees as are prescribed for Clerks of the Superior Courts in Section 24-2727 of the Civil Code of 1933 with the exception that he shall not receive anything for entering a bill of indictment, presentment, or an accusation on the minutes in case of a nolle prosequi, and he shall only receive the sum of Five Dollars for each criminal case tried on indictment or presentment, handed down from the Superior Court, or an accusation arising from the said City Court. In addition to the fees herein prescribed the Clerk shall receive three per cent of all moneys collected by him as provided in this Act. Clerk's fees in criminal cases. Section 44. Be it further enacted by the authority aforesaid,

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That the sheriff of said City Court shall receive for his services in criminal cases the same fees as are allowed sheriffs of the Superior Courts with the exception that the said sheriff shall only be allowed the sum of three dollars per day for attending the regular monthly and Quarterly sessions of said Court. If necessary for him to have a special bailiff or bailiffs in attendance before a Quarterly Term of said Court, he shal receive the sum of Two Dollars per day for services of each bailiff. Riding bailiffs shall be paid as in the Superior Court. Sheriff's fees. Section 45. Be it further enacted by the authority aforesaid, That the costs in proceedings to forfeit bonds or recognizances, costs paid in the settlement of criminal cases as provided by this Act, and all fines and forfeitures arising in said City Court shall be collected by the clerk thereof. The said Clerk in each month shall make a monthly settlement of all moneys so collected by him and deliver said statement together with one-half of said moneys to the Board of Commissioners of Roads and Revenues for Jenkins County, monthly, in each month in the year. Said Commissioners shall place said one-half of said moneys so collected to the credit of Jenkins County which shall become a part of the general funds of the County. The said Clerk shall retain the other one-half of said moneys so collected for the purpose of paying the costs of the sheriff, clerk and justices of the peace in criminal cases disposed of in the City Court of Millen. Fines and forfeitures. Section 46. Be it further enacted by the authority aforesaid, That all of the costs of the Clerk, Sheriff and Justices of the Peace shall be of equal rank and dignity in the matter of payment. If the said moneys retained by the said Clerk is not sufficient to pay all of the costs of officers in criminal cases, then each officer shall receive his proportionate share or percentage of the money collected and retained by the said Clerk. The Judge of said City Court shall see that no

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illegal or incorrect bills are paid with the money retained by the Clerk as aforesaid, but shall see that said money is distributed among said officers justly and equitably. Distribution of costs. Section 47. Be it further enacted by the authority aforesaid, That the clerk shall receive the sum of Three Dollars and the sheriff the sum of Ten Dollars for writing jury summonses and delivering said summonses to jurors for each quarterly term of said Court, and the Clerk and Sheriff shall each receive a per diem of Four Dollars for attending Court while a jury is being used in said Court, but no per diem shall be paid for any other time. Fees for jury summons. Section 48. Be it further enacted by the authority aforesaid, That the Board of Commissioners of Roads and Revenues for Jenkins County shall use none of the money of said County in paying the expenses of said Court except as follows: Salary of Judge, Salary of Solicitor, pay of jurors; pay of Clerk for writing jury summonses; pay of sheriff for delivering jury summonses, board of City Court prisoners, fees of non-resident witnesses, cost of arresting City Court defendants outside of Jenkins County, costs of carrying Jenkins County City Court convicts to chain gang where not otherwise paid; the per diem of Clerk and sheriff as provided in section 47 of this Act, and the costs of books and stationery necessary for said City Court, and Court Reports. All other costs of said Court shall be paid by the one-half of the fine and forfeiture money retained by said Clerk as aforesaid. The other costs that remain unpaid, if any, shall never be a charge against Jenkins County. Payment of expenses. Section 49. Be it further enacted by the authority aforesaid, That the Judge of said Court may appoint a Court Reporter or stenographer for said Court under the same rules and regulations as stenographers are appointed in the Superior Court, but no transcript shall be made, unless requested by one of the parties in a case, and the party so

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requesting shall pay the costs of making said transcript, and when said transcript is made, it shall be the duty of said stenographer to deliver the original of said transcript to the party paying for same as soon as possible. Reporter. 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 March 12, 1943. MILLER CITY COURT SOLICITOR. No. 240. An Act to amend an Act approved March 2, 1935 (Georgia Laws 1935 pages 538-563) and all amendatory Acts thereto, establishing a City Court in and for the County of Miller by changing the method of compensating the solicitor of said court from the fee basis to a salary basis; to provide for the disposition of the fees collected by the solicitor; to provide for method of settling cases in said Court by repealing Section 3 as amended by an Act approved February 24, 1941 (Georgia Laws 1941, Pages 696-697) providing for the compensation of the solicitor and disposal of fees by repealing said Section in its entirety and inserting in lieu thereof a new Section to be known as Section 3; and further amending said Act by adding thereto a new Section to be known as Section 3-A, providing for the settlement of cases in said Court; and for other purposes Be it enacted by the General Assembly of Georgia: Section 1. That Section 3 of the Act approved March 2, 1935 (Georgia Laws 1935, Pages 538-563) as amended by an Act approved February 24, 1941 (Georgia Laws 1941, pages 696-697) providing for the salary of the solicitor,

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costs, disposal of fees, etc., be and the same is hereby stricken and repealed in its entirety and a new Section inserted in lieu thereof to be known as Section 3, and to read as follows: Act 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, by conviction or by being nolle prossed upon payment of the costs, or by settlement upon payment of costs, founded upon accusation, indictment or special presentment, there shall be assessed a fee of $10.00 to be charged in the bill of costs for every indictment or special presentment finally disposed of in said court as aforesaid, which fee of $10.00 shall be charged in the bill of costs; 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 judge shall appoint a solicitor pro tem, who shall, for the time during which he shall fill said appointment, receive the same compensation as is allowed the regularly elected solicitor of said court. New Sec. 3. Salary. Fees paid into general county funds. Solicitor pro tem. Section 2. That from and after the passage of this Act, the Act approved March 2, 1935 (Georgia Laws 1935, pages 538-553) and all amendatory Acts thereto, be and the same are further amended by adding a new Section to be known as Section 3-A and to read as follows: Further amended. That from and after the passage of this Act no case pending in the city court of Miller County shall be settled

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upon payment of the costs or otherwise without the approval of the City Court of Miller County. New Sec. 3-A. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1943. MORGAN CITY COURT ABOLISHED. No. 233. An Act to abolish the City Court of Morgan in and for the County of Calhoun; to transfer all records of such court and the pending business in such court to the Superior Court of Calhoun County, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the City Court of Morgan as created by an Act approved August 19, 1916 and amended by an Act approved August 18, 1923, and as further amended by an Act approved August 17, 1929, be and the same is hereby abolished. Act abolished. Section 2. Be it further enacted by the authority aforesaid that all records of any character and all business pending in such court or on appeal therefrom or thereto is hereby transferred to the Superior Court of Calhoun County. Records 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 3, 1943.

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PEMBROKE CITY COURT TERMS AND SOLICITOR. No. 45. An Act to amend an Act creating and establishing the City Court of Pembroke in and for the County of Bryan, approved January 10, 1938, and the amendatory acts thereof. So as to provide for the terms of said Court, the fees of the Solicitor and for 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 four (4) of said original Act and the Amendatory Acts thereof is hereby repealed and in lieu thereof the following language shall be the law, a Solicitor of said City Court shall be elected and if no election then a Solicitor Pro Tempore shall be appointed by the Judge of the City Court for each term of the Court which Solicitor shall be a practicing attorney in the City Court of Pembroke. That the Solicitor of the City Court of Pembroke, whether elected or appointed shall receive the regular fee provided by law as fees for the Solicitor in all criminal cases tried by him and shall receive the fees provided for the forfeiture of bonds as is provided by the laws of Georgia for similar cases. Sec. 4, Act of 1938 repealed. Solicitor. Section 2. Be it further enacted that section eleven (11) of said Act of 1937-1938 is hereby repealed and in lieu thereof the following shall be the law regulating the terms of said City Court of Pembroke, to-wit: The terms of said City Court shall be monthly for the trial and disposition of all criminal and civil business of whatever kind or nature of which said Court has jurisdiction under the laws and Constitution of the State of Georgia. The time of holding said Court shall be on the Fourth (4th) Monday in each month, at the January, April, July and October terms a

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jury shall be summoned and at such other times as in the discretion of the Judge it may become necessary for the trial of cases pending in said Court. Sec. 11 repealed. Terms. Section 3. Be it further enacted that section thirty-eight (38) of said Act of 1937-1938 is hereby repealed and in lieu thereof the following shall be the trial terms of cases pending in said City Court of Pembroke, that all Civil cases within the jurisdiction of said City Court of Pembroke shall be filed in accordance with the laws applicable to cases brought in the superior courts of this State and that the first term shall be the appearance term in all cases and that the next term shall be the trial term, provided, however, that the plaintiff in filing a petition may demand a trial by jury and the defendant in filing a defense may likewise demand a trial by jury, and demand on the part of either party shall be in writing. All defenses shall be filed on or before the first day of the term of Court to which the suit is made returnable. Defaults in said City Court may be opened in the same manner as provided by law for the opening of defaults in the superior courts of this State. Sec. 38 repealed. Procedure. Section 4. Be it further enacted that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved February 11, 1943. RABUN COUNTY CITY COURTAMENDMENTS. No. 355. An Act to amend an Act entitled: An Act to create and establish the City Court of Rabun County in and for the County of Rabun; to provide the place and time of holding said court; to define its jurisdiction, powers, procedure

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and practice; to provide for a judge, solicitor, and other officers of said court, define their qualifications, powers and duties, and provide for their compensation; to provide for pleading and practice therein, writs of error therefrom; and for other purposes; to provide for striking Section 1 of said Act of Georgia Laws of 1937-1938, pages 728-745, inclusive, fixing the jurisdiction of criminal misdemeanor cases to be exclusively in said City Court so long as the same is effectively in existence and operating; to provide for striking Section 49, the repealing clause, inserting a new Section to be designated as Section 49; providing for the submitting of the question of retaining, and or abolishing, said City Court by a majority of the qualified voters voting at an election; and to provide for the suspension of the operation and effectiveness of said City Court by the grand jury of said Rabun County; to provide for voting in said court, if abolished; and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. That Section 1 of said Act be, and the same is hereby stricken in its entirety and another Section inserted in lieu thereof to read as follows: Sec. 1 stricken. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the City Court of Rabun County is hereby created and established, to be located in the City of Clayton, which is the County site of Rabun County, which Court shall have concurrent civil jurisdiction throughout the County with that of the Superior Court and exclusive jurisdiction of all misdemeanor criminal cases in said County of Rabun, with power and authority to try, and dispose of, all civil cases of which the Superior Courts of this States do not have jurisdiction and with power

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and authority to try and dispose of all misdemeanor cases as long as the said City Court shall be in existence and open for the trial of cases. In the event the City Court of Rabun County shall be suspended, or abolished, the jurisdiction to try misdemeanor cases in said County shall be vested in the Superior Court. The jurisdiction herein conferred shall include, in addition to ordinary and garnishment proceedings, habeas corpus proceedings, illegalities, statutory awards, counter affidavits to any proceedings from said Court, proceedings against intruders and tenants holding over, proceedings for partion of personalty and realty, distress warrants, possessory warrans and foreclosures of all liens, mortgages, security deeds and bills of sale to secure debt, including those on real estate. New Sec. 1. City Court established. Jurisdiction. Section 2. That Section 49 of said Act be, and the same is hereby, stricken in its entirety and a new Section inserted in lieu thereof to read as follows: Sec. 49 stricken. Section 49. That the grand jury of Rabun County, Georgia, shall have power and authority to suspend the operation and expense of the said City Court by a recommendation made by two successive grand juries by a vote of two-thirds of the membership of the grand jury of each two successive sessions of Rabun Superior Court, until the Ordinary has an opportunity to submit the questions of retaining, and abolishing the same. If two successive grand juries, as aforesaid, shall recommend the abolishment and suspension of the same, the question of abolishment shall be submitted to the qualified voters at the next regular election after the second recommendation shall have been made. In the event of the second recommendation having been made, recommending the suspension of abolishment, the Ordinary of Rabun County, Georgia, shall publish notice that an election will be called for that purpose on the next regular

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election day. Before doing so said Ordinary shall publish said notice in two issues of the newspaper in which Sheriff's advertisements are published for said County and post notice in two public places in each Militia District of the County at least twenty days prior to the election day. Tickets shall be furnished by the Ordinary of said County, on which there shall be printed the words: For the City Court. And: Against the City Court. If a majority of said qualified voters vote for said Court the same shall be effective and continue in operation. If a majority of the qualified voters vote against said City Court, the same shall be abolished and all cases pending therein shall be transferred by the Judge of the City Court to the Superior Court by making entries upon his docket showing the transfer. In the event that the City Court shall be abolished, as aforesaid, the Judge thereof shall have ten days within which to transfer all cases and make entry on his docket to this effect, to the Superior Court, and the Superior Court shall have jurisdiction to try and dispose of the same. New Sec. 49. Referendum. Section 3. Said Act is further amended by adding another Section to be Section 50 to read as follows: Section added. Section 50. That in event the City Court shall be abolished as may be under the terms of this Act, same may be voted in to be effective by the same method of abolishing the same, upon application by petition signed by 100 qualified voters of Rabun County. After such application shall be filed with the Ordinary of the County, he shall submit the question for and against the City Court as herein provided. If a majority of the said qualified voters vote in favor of the City Court, same shall be established with all powers provided for in said original Act and this Act. Petition for election.

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Section 4. Adding another section to be known as Section 52 as follows: Sec. added. That all laws and parts of laws in conflict are repealed. That when said Act creating City Court, approved December 21, 1937 is so amended the same shall 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 the City Court of Rabun County is hereby created and established, to be located in the City of Clayton, which is the County site of Rabun County, which Court shall have concurrent civil jurisdiction throughout the County with that of the Superior Court and exclusive jurisdiction of all misdemeanor criminal cases in said County of Rabun, with power and authority to try, and dispose of, all civil cases of which the Superior Courts of this State do not have exclusive jurisdiction and with power and authority to try and dispose of all misdemeanor cases as long as the said City Court shall be in existence and open for the trial of cases. In the event the City Court of Rabun County shall be suspended, or abolished, the jurisdiction to try misdemeanor cases in said County shall be vested in the Superior Court. The Jurisdiction herein conferred shall include, in addition to ordinary and garnishment proceedings, habeas corpus proceedings, illegalities, statutory awards, counter affidavits to any proceedings from said Court, proceedings against intruders and tenants holding over, proceedings for partion or personalty and realty, distress warrants, possessory warrants and foreclosure of all liens, mortgages, security deeds and bills of sale to secure debt, including those on real estate. As amended. Court established. Jurisdiction. Section 2. Be it further enacted by 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 Rabun County, and to all and singular the sheriffs or their deputies of the State of Georgia. 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 first Monday in April, 1938, and thereafter quarterly on the first Mondays of each year. Terms. The said monthly terms shall be as follows: Beginning on the first Monday in January, 1938, and each Monday thereafter each year, except those Mondays on which the quarterly terms are held. Provided, that the judge of said City Court may dispense with the holding of any one or more of said monthly

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terms, when, in his opinion, the business before the court does not justify holding the same; and provided, further, that said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon. All terms of said court shall be held at the court house in the City of Clayton, in said County of Rabun, and shall continue until the business is disposed of, unless sooner adjourned for good cause. The judge of said court may hold adjourned terms of the regular monthly and quarterly terms of said City Court; and the judge may also, in his discretion, set cases for trial at convenient times, and the same may be then tried as of term, whether court has been held from day to day until said time or not. Liens. Section 5. Be it further enacted by the authority aforesaid, that suits in said City Court shall in all respects be conformable to the mode of proceedings in the Superior Court, except as hereinafter provided; but the process to writs shall be annexed by the Clerk of said City Court, be tested in the name of the judge thereof, and be directed to and served by the Sheriff of the City Court of Rabun County, or his deputies thereof. Section 6. Be it further enacted by authority aforesaid, that in all matters pertaining to service, pleading and practice, the laws governing the Superior Courts, where not inconsistent with this Act and unless otherwise specifically provided by this Act, shall be applicable to said City Court. Superior Court rules applicable. Section 7. Be it further enacted by the authority aforesaid, that said City Court of Rabun County shall be a court of record, shall have a seal, and the minutes, records, orders, and books and files that are required by law and rules to be kept for the Superior Courts shall be kept in and for said City Court and in the same manner;

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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 judgments of the Superior Courts, whether civil or criminal, shall apply to said City Court, and executions shall issue and be levied and sales be had thereunder the same rules and laws regulating the same in the Superior Courts. Enforcement of judgments. 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 advice and consent of the Senate, who shall hold his office until December 31, 1940, and until his successor shall qualify, and thereafter, except in the case of a vacancy, the judge of said City Court shall hold his office by virtue of an election by the qualified voters of Rabun County, and shall hold his office for a term of four years, beginning on the first day of January, 1941. At the regular election of county officers of Rabun County, in the year 1940, there shall be elected by the qualified voters of said County of Rabun a judge of said City Court who shall be commissioned by the Governor and shall hold his office for a term of four

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years from January 1, 1941, and at each of the regular elections held for the election of county officers, every four years thereafter, a judge of said court shall be elected. Any vacancy in said office shall be filled by appointment by the Governor for the unexpired term. The judge of said city court shall receive a salary of twelve hundred dollars per annum which shall be paid monthly by the Ordinary of said county or other persons having charge of the finances of the County of Rabun, and shall be furnished an office in the court house as other county officers together with office equipment, and it shall be the duty of the Ordinary or any other person or persons having charge of the finances of the county to make provisions annually in levying taxes for 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. Salary. Office and equipment. Section 11. Be it further enacted by the authority aforesaid, that no person shall be eligible for the office of said judge unless he shall have been admitted to the practice of law four years, be 25 years of age, and he shall, before entering upon the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and to equal right * * This follows the language in the Act. (Compiler). to the rich and poor, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as judge of the City Court of Rabun County, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God, which oath shall be filed in the executive department of this State. Qualifications. Oath. Said judge shall be a citizen and qualified voter of Rabun County at the time of his election.

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Section 12. Be it further enacted by the authority aforesaid, that whenever the judge of the aforesaid City Court is from any cause disqualified from presiding and the Judge of the Superior Court cannot from any cause preside in said court, as is provided for in the Constitution, then upon the consent of the parties, or upon their failure or refusal to agree, said cause be tried by a judge pro hac vice selected in the same manner as now provided for in the Superior Courts. Judge pro hac vice. Section 13. Be it further enacted by the authority aforesaid, that in case of the absence of the judge of said city court at any term thereof, the sheriff or clerk of said court may adjourn it to such time as the judge may in writing direct, or, if no direction be given the court shall be adjourned to the next regular term. Adjournment. Section 14. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said city court, appointed, commissioned and confirmed in the same manner provided for the appointment and confirmation of the judge of said court, whose appointive term of office shall be until the first day of January 1941, and who shall thereafter be elected and commissioned in the same manner, at the same time and for the same terms as is hereinbefore provided for the election of the judge of said court; and it shall be the duty of said solicitor to prosecute for all offenses cognizable before said court. The said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the Superior Court, and his fees for all other services rendered shall be the same as are a solicitor-general in the Superior Court; but all such fees shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive the sum of seventy-five dollars per month, the same to be paid out of the county treasury. The said solicitor shall receive no other fees or compensation

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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 court. Salary. Section 15. Be it further enacted by the authority aforesaid, that no person shall be eligible to the office of solicitor of said city court unless he shall have been admitted to the practice of law one year; and be a citizen and qualified voter of Rabun County; and he shall before entering the duties of his office, take and subscribe the following oath: I do swear that I will faithfully and impartially, and without fear, favor, or affection, discharge my duties as solicitor of the City Court of Rabun County, and will take only my lawful fees of office; so help me God, which oath shall be filed in the executive department of the State. Qualification. Oath. Section 16. Be it further enacted by the authority aforesaid, that in case of the absence of said solicitor or his inability from illness or otherwise to appear and prosecute any cause at any term of said court, the judge of said court may appoint a solicitor pro tempore to perform the duties of the solicitor in such absence or inability, and such solicitor pro tempore shall be entitled to receive for his services, should he require it, not exceeding seven dollars and fifty cents per day, to be paid by the solicitor out of his compensation provided for in Section 14 of this Act. Solicitor pro tem. Section 17. Be it further enacted by the authority aforesaid, that the clerk and his deputies of the Superior Court of Rabun County shall be ex-officio clerk and deputies of said city court. Said clerk shall, before entering upon the duties of his office, take and subscribe an

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oath to faithfully and impartially discharge his duties thereof, which oath shall be entered on the book of minutes of said city court; and he shall also, before entering on the duties of his office, execute a bond with good security, to be approved by the judge of said court, in the sum of one thousand dollars for the faithful discharge of the duties of his office, such bond to be in the form required for clerks of the Superior Court. Clerk. Oath. Section 18. Be it further enacted by the authority aforesaid, that the sheriff and his deputies of Rabun County shall be ex-officio sheriff and deputy sheriff of the City Court of Rabun County, and in his official connection with said court the sheriff of Rabun County shall be known as the sheriff of the City Court of Rabun County; before entering upon the discharge of the duties of his office, said sheriff shall execute 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 shall be attached to the office of clerk of the City Court of Rabun County and to the office of sheriff of the City Court of Rabun County, respectively; and that the judge of said City Court of Rabun County is empowered to enforce the same authority over the said clerk and sheriff and their deputies as is exercised by the judges of the Superior Courts over the clerks of the Superior Courts and over the sheriffs of the counties of Georgia. Duties and liabilities of clerk and sheriff. 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

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Court, and provided further, that neither the said clerk nor the said sheriff shall be entitled to any per diem fees for attending the monthly term of said court when there is not jury empaneled for the trial of cases, such clerk and sheriff being entitled to per diem for attendance at the regular quarterly trial terms only. For services rendered by the clerk and sheriff where no compensation is provided by law, they shall receive such compensation as the judge of said city court shall in his sound discretion allow. The said sheriff and clerk shall be amenable to the same processes and penalties as they are now amenable to as officers of the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are now or may hereafter be entitled to in the Superior Court. In all actions ex contractu where the amount of the judgment recovered is less than fifty dollars principal, the plaintiff shall only be entitled to recover judgment for justice court costs, and such plaintiff shall himself be liable for the balance of the costs in such case. Fees. Section 21. Be it further enacted by the authority aforesaid, that a reporter or stenographer for said city court may be appointed by the judge of said court, to take down and transcribe testimony and charges of the court in criminal and civil cases tried therein. Reporter. All civil cases tried in said court shall be reported at the request of either side, plaintiff or defendant, and the fees for reporting such cases shall be the same as those allowed and charged in similar cases in the Superior Courts and shall be paid by the plaintiff and defendant equally. Said reporter or stenographer shall have the right to enforce payment of his fees in the same manner authorized in like cases in the Superior Courts, the reporter or stenographer shall report all criminal cases

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whenever the defendant or his attorney shall demand it, and the same is approved by the court. Fees. And the judge may in his discretion require the same reported whether requested or not. Said reporter or stenographer shall receive, for his services in reporting and transcribing the record in criminal cases in said city court, the same amount provided by law for similar services by stenographer in the Superior Courts, which shall be paid out of the treasury of the county in the same manner that the Superior Court stenographers are paid. Section 22. Be it enacted by the authority aforesaid, that it shall be the duty of the clerk of said court to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Rabun County as provided for from time to time for such Superior Court. From said copy so made traverse jurors in said city court shall be drawn in the following manner: The clerk of the 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 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 Superor Courts all laws with reference to drawing, selecting, and summoning traverse and tales traverse jurors in the Superior Courts shall apply in said city court. All exemptions from jury duty now of force in Rabun County shall apply and be of effect in said city court. Jurors. How drawn. Section 23. Be it further enacted by the authority aforesaid, that all laws in reference to the qualifications, relations, empaneling, fining and challenging of jurors now of force in this State, or hereafter enacted by the General Assembly, regulating the same in the Superior Court, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act.

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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. Section 25. Be it further enacted by the authority aforesaid, that from a panel of twenty-four traverse jurors drawn and summoned by the provisions of this Act to serve at any regular, call or adjourned term of said court, the judge of said court shall cause to be made up two juries, which shall be known and distinguished as juries numbers one and two and all cases and issues to be tried by jury, civil or criminal, at that term of said court, shall be tried by one of these, or by a jury stricken from both, as heretofore provided. Panels. 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 talesman 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, regulations the selection of juries in the Superior Court shall apply to said city court, except where they are inconsistent with the terms of this Act. Strikes. Section 26. Be it further enacted by the authority aforesaid that in the trial of all cases, civil and criminal except when written demand is made for trial by a jury of twelve, it shall be the practice in said city court to try all cases before a jury of six, to be selected in the following manner: In trial of all criminal cases the jury shall be stricken from a jury list of twelve jurors, the defendant being entitled to four peremptory challenges and the

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

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unless such accused makes demand for a trial by a jury of twelve as hereinbefore provided. And that in all cases tried upon accusations the offense shall be charged with the same particulars both as matter of form and substance as is required by the laws and the rules of criminal pleading to be observed in bills of indictment in the Superior Courts. Accusation. Section 28. Be it further enacted by the authority aforesaid, that the judge of said city court shall have power to grant a new trial in any case, civil or criminal in his court, upon the same terms and conditions and under the same laws and regulations governing the granting of new trials in the Superior Court; and all rules of pleading practiced and procedure, governing motions, rules nisi and other proceedings, in new trials in the Superior Courts, shall apply to and govern the same in said city court. New trials. Section 29. Be it further enacted by the authority aforesaid, that writs of error shall be directed from said city court to the Supreme Court and the Court of Appeals of this State upon bills of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the Superior Courts of this State. Writs of error. Section 30. Be it further enacted by the authority aforesaid, that the Judge of the Superior Court of Rabun County shall send down from the Superior Court of said county all presentments and bills of indictments 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. Transmitting misdemeanors. 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,

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wherever the same a monthly or quarterlyl term, provided such suits are filed in the clerk's office not less than twenty days before the first day of said term; and when the petition is filed on a date less than twenty before the first day of said term, the process shall be made returnable to the next succeeding term thereafter, whether monthly or quarterly which shall be the appearance term. And whenever process is not served the length of time required by law before the appearance term, such service shall be good for the next succeeding term, thereafter, whether it be monthly or a quarterly term. Petition and piocess. Section 32. Be it further enacted by the aforesaid authority, that in all cases, the judge at each term, monthly and quarterly, shall call the appearance docket upon some day previously fixed, or on the last day of the term, and, upon such call, all cases in which the defendant has not filed a demurrer, plea, answer or other defense shall be marked In Default and in such default cases, except as such may be founded upon unliquidated claims or demands, the judge shall thereupon at said appearance term, render judgment without the verdict of the jury; and in all default cases founded upon unliquidated claims or demands, the judge shall at the request of the plaintiff hear evidence of value or less and fix the same, and the judge shall thereupon render judgment without the verdict of a jury. Defaults. 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 the opening defaults, motions, service, waivers, acknowledgements, pleadings, trials, examinations, of witnesses, conduct of cases, instructions to juries, rules of

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evidence, answers, amendments, demurrers, pleas, procedure and practical, legal remedies, the production of books, papers, etc., shall appertain in said city court. Rules of practice. Section 34. Be it further enacted by the authority aforesaid, that all jurors in said city court for their services for every day of actual attendance, shall be paid the same amount in the same manner and under the same rules and regulations as jurors in the Superior Court of Rabun County. Compensation of jurors. Section 35. Be it further enacted by the authority aforesaid, that all suits against joint obligors, joint promisors, copartners, or joint trespassers in which any one or more resides in the County of Rabun may be brought in the city court within its jurisdiction as already stated under the same rules and regulations governing such cases as in the Superior Court mutatis mutandis as to copies, second originals, returns, and other matters connected by the suit. Mutatis mutandis. Section 36. Be it further enacted by the authority aforesaid, that the judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within its jurisdiction in all cases according to the general laws of the State, and the judge and all other officers of said city court shall have power, respectively, to administer oaths pertaining to their office, as the judge and other officers of the Superior Court may in like cases do; 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 and such papers may be attested and affidavits administered by the justices of the peace of this State. Perpetuating testimony. Section 37. Be it further enacted by the authority aforesaid, that attachments and garnishments in said

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court or returnable to said court shall be directed to the sheriff or his deputies of the City Court of Rabun County and to all and singular the sheriffs and constables of this State; and the judge of said city court may, or any justice of the peace or notary public may, issue attachments and garnishments returnable to said city court under the same laws that govern the issuing of attachments and garnishments returnable to the Superior Courts. Attachments and garnishments. Section 38. Be it further enacted by the authority aforesaid, that the Ordinary of Rabun County, or any other officer or officers in charge of the finances of the county shall provide a suitable place in the court house for the holding of said city court, provide the court with such stationery, writing materials, and blank accusations as may be required, and provided the necessary books for keeping the dockets, minutes and records of said court, and provide a library for said. Office and supplies. 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 proportion due the solicitor of the Superior Court, which shall be paid in the county treasury as provided for under section 14 of this Act, shall be subject to payment of the fees and costs of the clerk and sheriff of said court, the same to be distributed pro rata under the same rules and regulations governing the fees of said officers as now provided by law; provided, that in all cases in which the justices of the peace and ex-officio justices of the peace have bound 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 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,

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further, that the County of Rabun shall not be liable to the said officers of said court, to-wit, the clerk, sheriff, justices of peace and ex-officio justices of the peace, for insolvent costs in any criminal case except the costs in the cases where the convicted defendants are hired out by the county authorities in which event the county authorities shall pay to the officers above named the costs in such cases. The clerk of said city court is hereby charged with the duty of collecting, receiving and prorating the fines and forfeitures mention herein, and it shall be his duty to keep such records thereof as required to be kept in the Superior Court, and he shall faithfully account for all moneys as received. Fines and forfeitures. Justices of the peace. Insolvent costs. Collecting and prorating. Section 40. Be it further enacted by the authority aforesaid, that this Act shall become operative on January 1, 1938, and all powers duties, and rights hereunder shall be effective thereafter. Effective date. Section 41. Be it further enacted by the authority aforesaid, that appeals to a jury from the justice courts, or in matters of certiorari from said justice court, the said city court shall stand in exactly the same position as does the Superior Court in reference to said matters under existing laws of this State in reference to appeals and certiorari from said justice court, the said city court having concurrent jurisdiction with the Superior Court in this connection. Appeals and certioraris. Section 42. Be it further enacted by the authority aforesaid, that any civil case pending in the Superior Court of Rabun County at the time of the effective date of this Act, or thereafter, of which the said City Court of Rabun County has jurisdiction, under this Act, shall be transferred by the Judge of the Superior Court to the said city Court, and shall thereafter stand for trial in said city court as though originally filed therein. Transfer of cases.

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Section 43. Be it further enacted by the authority aforesaid, that argument of counsel in all cases in said city court shall be limited to one-half an hour on the side, except an extension of time is granted by the court before any argument begins. Argument; time limit. Section 44. Be it enacted by the authority aforesaid, further, that it shall be the duty of the justices of the peace to bind over to said city court all persons charged with offenses within the limits of Rabun County over which said court has jurisdiction, there to answer said offenses. Binding over. Section 45. Be it further enacted by the authority aforesaid, that all bonds of defendants in the Superior Court of Rabun County at the time of the effective date of this Act, and all bonds taken hereafter in said Superior Court and where said cases are transferred by the Judge of Superior Court to said city court as required in this Act, the said defendants shall be required to appear in the said city court to the same extent as if said bonds had been taken in said city court at the beginning. Appearance bonds. Section 46. Be it further enacted by the authority aforesaid, that in criminal cases transferred from the Superior Court to the said city court as provided in this Act, that the Solicitor-General of Rabun Superior Court shall be paid from the fines and forfeitures that may be collected, in said particular case, the accrued costs to which he would be entitled for his work in obtaining such indictment or presentment before the Grand Jury of Rabun County, to the amount of $5.50 but no insolvent costs shall be paid to said solicitor-general. Payment to solicitor general. Section 47. Be it further enacted by the authority aforesaid, that in addition to motions for new trials as shown in section 28 of this Act, the following is added: That motions for new trials in said city court shall be

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made within 15 days from the date of the judgment complained of, without regard to the time of the adjournment of court. Motions for new trials. Section 48. Be it further enacted by the authority aforesaid, that bills of exceptions from said court shall be signed and certified within 15 days from the judgment complained of. Certificate of bills of exceptions. Section 49. That the grand jury of Rabun County, Georgia, shall have power and authority to suspend the operation and expense of the said City Court by a recommendation made by two successive grand juries by a vote of two-thirds of the membership of the grand jury of each of two successive sessions of Rabun Superior Court, unless the Ordinary has an apportunity to submit the questions of retaining, and abolishing the same. If two successive grand juries, as aforesaid, shall recommend the abolishment and suspension of the same, the question of abolishment shall be submitted to the qualified voters at the next regular election after the second recommendation shall have been made. In the event of the second recommendation having been made, recommending the suspension or abolishment, the Ordinary of Rabun County, Georgia, shall publish notice that an election will be called for that purpose on the next regular election day. Before doing so said Ordinary shall publish said notice in two issues of the newspaper in which sheriff's advertisements are published for said County and post notice in two public places in each Militia District of the County at least twenty days prior to the election day. Tickets shall be furnished by the Ordinary of said County, on which there shall be printed the words: For the City Court. and: Against the City Court. If a majority of said qualified voters shall vote for said Court the same shall be effective and continue in operation. If a

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majority of said qualified voters vote for said Court Court, the same shall be abolished and all cases pending therein shall be transferred by the Judge of the City Court to the Superior Court by making entries upon his docket showing the transfer. In the event that the City Court shall be abolished, as aforesaid, the judge thereof shall have ten days within which to transfer all cases and make entry on his docket to this effect, to the Superior Court, and the Superior Court shall have jurisdiction to try and dispose of the same. Operation suspended. Election. Notice. Ballots. Abolished. Transfer of cases. Section 50. That in the event the City Court shall be abolished as may be under the terms of this Act, same may be voted in to be effective by the same method of abolishing the same, upon application by petition signed by 100 qualified voters of Rabun County. After such application shall be filed with the Ordinary of the County, he shall submit the question for and against the City Court as herein provided. If a majority of the said qualified voters vote in favor of the City Court, same shall be established with all powers provided for in said original Act and this Act. Election to vote back in. Section 51. All general laws in conflict with Act are superseded by this Act. Section 52. That all laws and parts of laws in conflict herewith, are repealed. Approved March 18, 1943.

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RICHMOND COUNTY CITY COURT JUDGE. No. 359. An Act to provide that the Judge of the City Court of Richmond County, Georgia, shall be permitted to practice law; to fix the terms under which he may practice; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows, to-wit: Section 1. That the Judge of the City Court of Richmond County, Georgia, shall be and he is hereby authorized to engage in the practice of law in any civil case which is not in his own Court, and to advise and counsel with clients in any matter which is not pending in his own court and which is not to be brought into his own court. Practice of law permitted. Section 2. The Judge of the City Court of Richmond County shall not be permitted to engage in the trial of criminal cases as an Attorney nor to advise or counsel with clients in any criminal case pending in any of the courts of this State. Criminal cases. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 18, 1943. SOPERTON CITY COURT TERMS. No. 231. An Act amending an Act creating the City Court of Soperton, approved August 18th, 1919, as amended by certain amendatory Acts, to wit; the Act approved August 10th, 1920, an Act approved August 13th, 1924, an Act approved August 15th 1927, an Act approved August 14th

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1929 and an Act approved February 11th, 1937, this amendatory Act to change the time of holding quarterly terms of said City Court of Soperton. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the word third which is the fourth word in line twelve of section four of House Bill Number 212 which is on page 467 of the Acts or Georgia Laws 1927, which bill was approved August 15th, 1927, be changed to the word second, so that when said line and word is so changed, said line shall read held on the second Mondays in October, January, April and July. That from and after the passage of this amendatory Act the quarterly terms of the City Court of Soperton shall convene on the second Mondays in January, April, July, and October. Acts amended. Quarterly 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 are hereby repealed. Approved March 3, 1943. WAYNESBORO CITY COURTJURY TRIALS. No. 225. An Act to amend an Act entitled An Act to establish the City Court of Waynesboro in and for the County of Burke; to define its jurisdiction and powers; to provide for the appointment of a Judge, Solicitor and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein and writs of error therefrom and for other purposes, approved by the General Assembly of State of Georgia August 15, 1903 (Ga. Laws 1903, page 174-187) and amendment thereto approved by the General Assembly

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of State of Georgia August 11, 1904 (Ga. Laws 1904, page 227-237) so as to provide for jury trial of all Civil and Criminal Cases within the jurisdiction of said Court by six jurors when twelve jurors are not demanded and to provide for their selection and for 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 35 of the Act creating the City Court of Waynesboro approved August 15, 1903, (Ga. Laws 1903, page 174-187) and as amended by Section 11 of an amendment thereto approved August 11, 1904, (Ga. Laws 1904, page 227-237) be and the same is hereby amended by adding at the end of said amended Section 11, the following: Provided further that in the trial of all cases, civil and criminal, in said City Court of Waynesboro, in which trial by jury is demanded, it shall be the practice, unless otherwise demanded, 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 further that in demands for trials by jury in civil cases such demand shall be entered in writing at the first or the appearance term and shall specify whether a jury of twelve is desired and unless so specified in the demand such case shall be tried by a jury of six; provided, further in criminal cases where trial by jury is desired the defendant in person or through counsel shall demand in writing a trial by jury at the first term, either monthly or quarterly, next succeeding the time of the alleged offense and at which accusation is made, and unless such demand shall definitely demand a jury of twelve, the issue in such case shall be tried by a jury of six. In all cases where a jury of twelve is demanded

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in either civil or criminal cases, the practice shall be as provided in the original Act creating the City Court of Waynesboro and the amendments thereto. It is the intention of this Act that civil cases brought to the Quarterly term where jury is demanded, shall be tried by a jury of six unless the demand shall require a jury of twelve in accordance with this Act, so that said Section as amended shall read as follows: Acts amended. Proviso adled. Jury trials. Be it further enacted, That all laws in reference to the qualifications, relations, empaneling, challenging and fining of jurors now of force, or hereafter enacted by the General Assembly regulating the same in Superior Courts, shall apply to and be observed in said City Court, except when inconsistent with the provisions of this Act. In all cases that are to be tried by a Jury the party shall be entitled to a panel of twenty-four from which to strike. In civil cases each party shall be entitled to six peremptory challenges, and in criminal cases the defendant shall be entitled to seven peremptory and the State five; and all laws governing the selection of jurors in the superior court shall apply to the City Court of Waynesboro, except when they are inconsistent with the provisions of this Act. At each quarterly term of said Court the Judge presiding shall, in open court, draw from the jury box provided for that purpose the names of twenty-four jurors (or thirty-six, in his discretion), who shall constitute the jury for the next quarterly term thereof; provided, that if, from any cause, the jury shall not be drawn as aforesaid, the judge of said City Court may draw them at some other time, after entering an order on the minutes of said court, stating the reason why said jury was not drawn by him as hereinbefore provided. Provided further that in the trial of all cases, civil and criminal, in said City Court of Waynesboro, in which trial by jury is demanded, it shall be the practice, unless otherwise

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demanded, 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 strike and the State to two, and the remaining six jurors shall constitute the jury to try the issue; provided further that in demands for trials by jury in civil cases such demand shall be entered in writing at the first or the appearance term and shall specify whether a jury of twelve is desired and unless so specified in the demand such case shall be tried by a jury of six; provided, further in criminal cases where trial by jury is desired the defendant in person or through counsel shall demand in writing a trial by jury at the first term, either monthly or quarterly, next succeeding the time of the alleged offense and at which accusation is made, and unless such demand shall definitely demand a jury of twelve, the issue in such case shall be tried by a jury of six. In all cases where a jury of twelve is demanded in either civil or criminal cases, the practice shall be as provided in the original Act creating the City Court of Waynesboro and amendments thereto. It is the intention of this Act that civil cases brought to the quarterly term where jury is demanded, shall be tried by a jury of six unless the demand shall require a jury of twelve in accordance with this Act. Sec. 11 of Act of 1904 as amended. Jury trials. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 3, 1943.

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TITLE II. COUNTIES AND COUNTY MATTERS. ACTS. Appling Board of Commissioners Created. Appling CommissionerAct Repealed. Appling Tax CommissionerOffice Abolished. Atkinson Tax Commissioner. Bacon Officers' Bonds. Baker Commissioners and Districts. Ben Hill DepositoryAmending Act. Ben Hill CommissionersAmendments. Bibb CommissionersAdditional Powers. Bulloch Tax Commisisoner's Compensation. Butts CommissionersAmendments. Candler Commissioners' Clerk's Compensation. Carroll Board of Commissioners Created. Carroll Jailer's Compensation. Catoosa Board of Roads and Revenues AbolishedReferendum. Catoosa Commissioner Created. Chatham Special Woman Balliff's Salary Increased. Chattahoochee CommissionersAmendments. Chattooga Commissioners' Compensation. Clarke County Hospital Trustees. Clayton CommissionersAct 1910 Repealed. Clayton CommissionersAct 1941 Amended. Clayton Commissioner Created. Clayton CommissionersRepealing Act. Clayton Tax Commissioner's Bond. Clayton Zoning Act Repealed. Cobb CommissionerAmending Act. Cobb County FarmSale. Cobb Planning Commission. Cobb Treasurer's Compensation. Crawford CommissionersAmendmentsReferendum. Dawson CommissionersAct Repealed. Dawson Commissioner Created. Dawson Tax Commissioner. Decatur Air-Space Safety Zoning. DeKalb Planning Commission and Board of Zoning Appeals. DeKalb Primary Elections. DeKalb Tax Commissioner's Compensation. DeKalb Waterworks Advisory Board. Dodge CommissionerAnnual Audit. DodgePublishing Voters Lists. Dooly CommissionersCompensation and Terms. Dougherty CommissionersAmendments.

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Douglas Tax Commissioner's Clerk's Compensation. Echols Commissioners and Districts. Elbert CommissionersClerk. Elbert Commissioner's Salary Increased. Emanuel Tax-Commissioner. Forsyth Board of Commisisoners Created. Fulton Civil Service Board. Fulton County PensionsAmending Act. Fulton Pension Board. Gilmer Commissioner and Advisory Board. Gilmer CommissionerRepealing Act. Glascock Board of Commissioners Created. Glascock CommissionersAmendments. Glascock CommissionersRepealing Act. Glascock CommissionersRepealing Act. Glynn Reserve Fund. Gordon Commissioner's and Clerk's Compensation. Haralson Tax Collector and Receiver Reestablished. Henry Commissioners' Clerk's Compensation. Henry Commissioners' Compensation. Jenkins CommissionersAmendments. Jenkins Tax Commissioner. Lamar Advisory BoardRepealing Act. Lamar Commissioners Created. Liberty Commissioners' Compensation. Long CommissionersAmendments. Lumpkin CommissionersTerms. Macon Treasurer Abolished. Marion Treasurer's Bond Premium. McIntosh Tax Commissioner's Compensation. Meriwether Treasurer's Compensation. Miller CommissionersAmendments. Morgan CommissionersClerk. Murray CommissionersRoads and Streets. Oconee Tax Commissioner. Pickens Tax Commissioner. Pierce Commissioners' Compensation. Pierce Sheriff's Bond Premium. Putnam CommissionersAmendments. Randolph CommissionersTerms and Compensation. Rockdale Tax Collector's Office Abolished. Rockdale Tax Commissioner Created. Rockdale Tax Receiver's Office Adolished. Schley Tax Commissioner. Screven Treasurer AbolishedReferendum. Screven Treasurer's CompensationReferendum. Stewart Commissioner's Clerk. Stewart Disbursing Clerk's Compensation. Sumter Primary Election Candidates. Taliaferro Commissioners' Clerk's Compensation. Taliaferro Treasurer. Telfair Commissioners' Clerk's Salary. ToombsHunting Deer Prohibited. Twiggs Commissioners' Terms.

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Washington Commissioners' Compensation. Washington Sheriff's Bond Reduced. Wayne CommissionersSale of Lots. Webster Commissioner's Clerk and Compensation. Webster Tax Commissioner's Compensation. Wilcox Treasurer. Wilkinson CommissionersAmendments. APPLING BOARD OF COMMISSIONERS CREATED. No. 94. An Act to create a Board of Commissioners of Roads and Revenues for the County of Appling; to provide for election of members thereof; to define their powers and duties; to provide for an Executive Director and Clerk and define his powers and duties; to fix the salary of members of said board and the Executive Director and Clerk; 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 same: Section 1. That a Board of Commissioners of Roads and Revenues for County of Appling, to consist of five members, is hereby created. Board Created. Section 2. Bt it further enacted, that no one shall be eligible to fill the office of commissioner under this Act except a qualified voter, who is a freeholder, and has resided in Appling County at least four years prior to his induction into said office. No two persons shall be eligible to or hold office of Commissioner of Appling County during same term from any one militia district of said County. In the event there are two or more candidates for this office residing in one militia district of said County, of the candidates of such district only the candidate receiving the highest number of votes in the election shall be declared elected. Qualifications.

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Section 3. Be it further enacted that at the same time the election is held in County of Appling for election of County officers beginning with the year 1944 there shall be elected the five commissioners as provided for in this Act. The three candidates for said office receiving the highest number of votes in said election shall hold office for a term of four years, beginning January 1, 1945, or until their successors in office are elected and qualified, and the two receiving the next highest number of votes shall hold the office for a term of two years, beginning January 1, 1945, or until their successors in office are elected and qualified. Their successors shall be elected at the election for county officers or representatives held in said county in the year 1946 and take office on January 1, 1947, for a term of four years or until their successors in office are elected and qualified. In determining the number of votes received by the candidates for this office, in the event there are two candidates from any one militia district, only the candidate from such district receiving the highest number of votes shall be considered. Thereafter, election of commissioners to succeed in office those whose terms are expiring shall be held each two years at the election for county officers or representative in said county, and those so elected shall serve for a term of four years and until their successors in office are elected and qualified. All of said commissioners shall be elected by voters of Appling County as a whole. Election. Section 4. Be it further enacted that should a vacancy occur in membership of said board, by death, resignation or otherwise, the majority of other members of said board shall elect his successor for the residue of the term of such commissioner, provided that such successor shall be a resident of a militia district not then having a representative on said board and shall be approved in writing by Ordinary of Appling County, such election by the board and approval by the Ordinary to be spread upon the minutes of the board. Provided further that should the said board fail to agree

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upon any one to fill said vacancy, or fail to agree upon a person who meets the approval of said Ordinary, then the Ordinary of Appling County shall within 30 days call a special election to be held within not less than 60 days to fill said vacancy, said election to be held as provided by law for holding special elections. Vacancies. Section 5. Be it further enacted that before entering upon their duties as commissioners, each commissioner shall take and subscribe to an oath for the faithful performance of their duties as commissioners, which said oath shall be taken before the Ordinary of said County or Judge of Superior Court of said County, and in addition thereto each of said commissioners shall give a bond with a good security thereon, approved by Ordinary of said County, in sum of $2,000 payable to Ordinary of said County and his successors in office, conditioned upon the faithful discharge of his duties as commissioner. Oath. Bond. Section 6. Be it further enacted that regular meetings of the Board of Commissioners of Roads and Revenues as herein provided shall be held at the Courthouse of Appling County twice a month on the 1st and 3rd Tuesdays in each month beginning with first meeting on first Tuesday in January, 1945. Special meetings may be held at the call of Executive Director and Clerk herein provided for, who shall call same upon his own initiative when county matters require, or when requested to do so in writing by any three members of said board. Provided that each member shall be given due notice in writing of such special meeting at least two days before time of such meeting. However, such notice may be waived by all members attending such meeting and assenting thereto, or in event any one or more commissioners assent, their waiver of such notice in writing. Notations of assent and waivers to be spread upon minutes of such meeting. Meetings.

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Section 7. Be it further enacted that at the first meeting of members of said board, or at not later than second meeting of same and at first or second meeting of said board every two years thereafter, said board shall elect a person to serve as Executive Director and Clerk of said Board of Commissioners of Roads and Revenues of Appling County. These two offices to be held by one person so elected. Said Executive Director and Clerk shall be elected from among the members of said board, or the board may, if in its discretion it deems best, elect to such office a person not a member of said board. To be eligible to hold said office of Executive Director and Clerk, the person so elected shall not be less than 25 years of age, have had experience in keeping books and records, and in practical business. He shall be so elected for a term of two years and his office shall not be declared vacant or his salary reduced during his term of office except by an affirmative vote of at least four members of such board, and approved by Ordinary of said county in writing. Said vote and approval of Ordinary shall be spread upon minutes of the board. Executive Director and Clerk. Section 8. Be it further enacted that said Executive Director and Clerk shall devote his entire time to the duties of said office, and shall not hold either directly or indirectly any other salaried office or position, and shall not be engaged in any other business that requires any part of his time, shall keep office hours in offices of board of commissioners in Courthouse of Appling County, such as are kept by Clerk of Superior Court and Ordinary of said County, and shall be available to the public in connection with affairs pertaining to the county, except such time as he is required to be out of said offices in connection with county business. Duties. Section 9. Be it further enacted that said Executive Director and Clerk shall preside at all meetings of said board and keep minutes of same; at the close of such meeting the minutes of such meeting shall be read and approved by said

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board, such approval being verified by signature of at least two members of the board; shall call meetings of the board as herein provided; shall before each meeting prepare in writing a list of matters pertaining to county affairs and such county matters as have been brought to his attention by citizens of the county to be brought to the attention of the board at such meeting; shall keep himself informed as to condition of all county property and roads so as to be prepared to inform the board with respect to same and to make recommendations with respect thereto; shall at the end of each month make out list of all expenditures during the month for which warrants have been issued, and the names of to whom issued, and the amounts, which shall be presented to the board for their examination and approval and kept as permanent records of the board; it shall be his duty to keep in touch with State and Federal authorities who have charge of roads and road building, to secure and keep in office of commissioners and familiarize himself with all free bulletins bearing upon the subject of road building, and have same available for the board; shall keep accurate records of all county affairs under jurisdiction of the board and the actings and doings of said board; shall keep all records herein required to be kept by said board; shall issue all county warrants and checks and make all payments approved and directed by the board, all county checks and warrants shall be countersigned by a member of the board who shall be designated by board for such purpose; shall execute in the name of the county all bills of sale and conveyances of county property as directed by the board, and shall generally do and perform all duties of office of chairman and clerk of board. Section 10. Be it further enacted that in the event said Executive Director and Clerk so elected is one of the elected commissioner he shall give a bond in the sum of $10,000 in lieu of the bond hereinbefore provided for each commissioner,

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conditioned and payable as the bond of each commissioner, and he shall have the right and duty to vote on all matters coming before the board. In the event the person elected Executive Director and Clerk is not one of said elected commissioners he shall before entering upon the duties of his office give a bond in the sum of $10,000 conditioned for faithful performance of duties of his office and payable as hereinbefore provided for commissioners bonds, and he shall not have the right to vote on matters coming before said board. Clerk's Bond. Section 11. Be it further enacted that each member of elected board of commissioners, other than Executive Director and Clerk, shall be paid annually the sum of $125 to be paid in monthly or quarterly installments as said board shall direct and said sum shall be in full compensation for services as members of said board. The Executive Director and Clerk shall be paid such salary as the board shall direct not to exceed the sum of $2400 per year, to be paid monthly. In addition he shall be paid such necessary traveling expenses as in the discretion of the board it shall authorize and direct, not to exceed the sum of $500 per year, and only to be paid when such expenses have been incurred with the approval and at the direction of the board. In the event said Executive Director and Clerk is one of the elected commissioners said salary so fixed shall include and not be in addition to the compensation herein provided for each commissioner. Salaries. Expenses. Section 12. Be it further enacted that Board of Commissioners of Roads and Revenues is hereby vested with executive 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

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militia districts according to law; supervising the tax officer's books and allowing the insolvent list of said county according to law; in connection with amounts of commissions or fees claimed by Tax Collector and Tax Receiver the said board is directed to retain at least fifteen per cent of amount claimed until books of said officers have been audited and amount claimed found to be correct; in examining and auditing all claims and accounts of officers having the care, management, keeping, collection or disbursement of money belonging to the county or appropriations for its use and benefit, in bringing them to settlement, and especially is said board charged with frequently examining and auditing the books of county treasurer or depository, the tax collector, tax receiver, or tax commissioner, as the case may be, the sheriff, the superintendent of public schools and other officers of said county through whose hands county funds pass, and this may be done by the 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, caring for, managing the convicts of the county, if any, 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 defalters according to law; and to have and to 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

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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, if any, janitor of the courthouse, county physician, health officer, county nurse, road superintendent, tax assessors, county policemen, and other officers and employees as are needed and authorized by law. All appointees of said board except Executive Director and Clerk (who may be dismissed as hereinbefore provided) shall be subject to suspension or dismissal at any time and no appointee including Executive Director and Clerk so suspended or dismissed shall be entitled to a salary or compensation during suspension or after dismissal, no matter whether the time for which he was appointed has expired or not. In addition all of the general laws of this State applicable to the duties and powers of county commissioners, and all of the laws of said State applicable to the working and improvement of public roads of said county except as herein otherwise provided, shall be in force in Appling County and be applicable to said board. Powers and duties. Section 13. Be it further enacted that said board 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 the depository, for waht purpose, and upon what fund. The board shall also keep a book in which shall be recorded an itemized statement of 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 keep also a cash book in which shall be daily entered any cash item received, from whom received, and

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for what purpose received. The board shall keep an inventory 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 books 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 Appling County who may be desirous of seeing same. Minutes. Books Kept. Section 14. Be it further enacted that the said board is hereby constituted the purchasing agent for Appling County, provided that before purchasing any material, equipment, or supplies, exceeding the estimated value or cost of $200, it is hereby required to first publish an advertisement for bids by posting an advertisement before the courthouse door of Appling County for ten days and running said advertisement in the newspaper that is the official organ of said county at least one issue. 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 board shall have privilege of rejecting all bids but if purchase is made shall purchase from the lowest and best bidder. Purchase of any material, equipment, or supplies exceeding in cost or value said amount shall not otherwise be made, unless at a regular or called meeting, as herein provided, all members of board present after being informed of facts vote to waive advertisement and bid for purchases of such material, equipment or supplies in a particular instance, and the Ordinary of the County after being fully informed of nature of material, supplies, or equipment and price of same approves the purchase without advertisement

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or bids, such approval to be made in writing and spread upon minutes of meeting of board. Purchasing agent. Bids advertised. Section 15. Be it further enacted that it shall be unlawful for said board or any member of same or Executive Director and Clerk of same to have any financial interest in the sale or purchase of any material or of any article furnished the county, or to receive any rebate, expense account, transportation or other valuable consideration in connection with or through the purchase of any equipment or supplies for the county, or the awarding of any contract by or for said county and if any commissioner or the Executive Director and Clerk shall violate any provision of this section he shall be guilty of a misdemeanor and punished as prescribed in section 1065 of Penal Code of 1910. Section 16. Be it further enacted that it shall be the duty of the grand jury at any regular or adjourned term to inquire into the official acts of said Board, and if any such grand jury shall find by a two-thirds vote that any of the provisions of this Act have been violated by any member of said board, or if any member of said board or the board as a whole has been wasteful or inefficient, or has wrongfully, or fraudulently conducted the affairs of their office or in any manner otherwise disqualified for any reason under the provisions of this Act at the date of his election or has subsequently become so, said grand jury shall declare said office vacant, and said vacancy shall be filled as provided for in this Act in case of vacancies. However, before vacancy shall be declared under the provisions of this act, the grand jury shall grant a hearing to said commissioner or commissioners, as the case may be, and shall consider any showing that may be made by him or them, and the finding of the grand jury under any investigation shall be final and conclusive against such commissioner or commissioners. Grand Jury Investigation. Section 17. Be it further enacted that the grand jury sitting at the first regular term in each year shall appoint

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two or more auditors (or a committee) to audit the books, records, warrants, and accounts of said board of commissioners and Executive Director and Clerk thereof. Said auditors (or committee) shall have power to examine, under oath, said commissioners and Executive Director and Clerk thereof, relative to any account, item or warrant or transaction in connection with business transacted by said board. Said auditors (or committee) shall perform their duties as provided herein and make a report of their findings to the judge of superior court of said county, within thirty days from the time of their appointment, and said findings shall be published in the newspaper that is the official organ of said county. The grand jury appointing said auditors shall prescribe the amount to be paid for their services. Audits. Section 18. Be it further enacted that said 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 Executive Director and Clerk shall take and file receipts for all such disbursement, and such contributions and the members of the board, the Executive Director and Clerk, and their sureties upon their official bonds shall be liable for any misapplication of such funds. Contributions. Section 19. Be it further enacted that it shall be the duty of said board to keep always in view that which will be to the greater good of the greatest number of citizens of Appling County in connection with all matters and business

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transacted by them as a board, and this policy shall be uniformly observed by said board. Section 20. Be it further enacted that the said board shall have the power to employ a county attorney, and shall have authority to pay such county attorney for his services, not exceeding $300 per annum, and provided also that said board shall also be authorized to employ additional legal counsel in any case where necessary and pay for such services a reasonable amount as the nature of the case or the service may warrant. County Attorney. Salary. Section 21. Be it further enacted that if for any reason any section, provision, clause, or any part of this Act shall be held to be unconstitutional and invalid, then that fact shall not effect or destroy the validity or constitutionality of any part, section, provisions 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. Invalid parts. Section 22. Be it further enacted that this Act shall become effective and operative immediately insofar as it provides for election of said commissioners in 1944, and that all other provisions of this Act shall become effective and operative January 1, 1945. Effective date. Section 23. Be it further enacted by authority aforesaid, that all laws or parts of laws in conflict with this act be and same are hereby repealed. Approved February 16, 1943.

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APPLING COMMISSIONERACT REPEALED. No. 95. An Act to repeal the Act creating Office of Commissioner of Roads and Revenues for County of Appling, Georgia, Laws 1939, pages 501-507, and all laws amendatory thereto; to repeal an Act creating a Board of Commissioners of Roads and Revenues for County of Appling, Georgia Laws 1915, pages 141-147, and all Acts amendatory thereto; to provide for effective date of this act, and for other purposes. Be it enacted by General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. That the Act approved March 24, 1939, published Georgia Laws 1939, pages 501-507, creating Office of Commissioner of Appling County, and all laws amendatory thereto, is hereby repealed. Acts 1939 pp. 501-507; 1915, pp. 141-147 repealed. Section 2. Be it further enacted that the Act approved July 29, 1915, published Georgia Laws 1915, pages 141-147, creating Board of Commissioners of Appling County, and all Acts amendatory thereto, is hereby repealed. Section 3. Be it further enacted that this Act shall become effective January 1, 1945, and that the present Commissioner of Roads and Revenues of Appling County and those acting in conjunction therewith shall continue to serve in such office as provided in the said Act of 1939, creating office of commissioner for Appling County, until his successors as provided for in an Act creating a new Board of Commissioners of Roads and Revenues for Appling County, are hereby elected and qualified. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1943.

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APPLING TAX COMMISSIONER OFFICE ABOLISHED. No. 93. An Act to repeal an Act of the General Assembly approved March 27, 1941, appearing on pages 726-28 of the 1941 Acts of the General Assembly, creating the office of Tax Commissioner of Appling County and abolishing the offices of Tax Collector and Tax Receiver of Appling County; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that: The Act of the General Assembly of Georgia, approved March 27, 1941, appearing on pages 726-28 of the 1941 Acts of the General Assembly, entitled: Act 1941, pp. 726-28 repealed. An Act To abolish the office of Tax Receiver of Appling County, Georgia; to create the office of Tax Commissioner of Appling County, Georgia; to fix the terms 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 same are applicable; to provide that all taxes due at the time the provision of this Act becomes 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 compensation that would be paid to or collected by the Tax Receiver and Tax Collector, were it not for the provisions of this Act, shall be collected and set aside 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

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thereto; to provide an effective date for this Act; and for other purposes, Be and the same is hereby Repealed in its entirety. Section 2. Be it further enacted by the authority aforesaid that this act shall become effective immediately upon its 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. February 16, 1943. ATKINSON TAX COMMISSIONER. No. 309. An Act to abolish the office of tax-receiver and tax-collector of Atkinson County, Georgia; to create the office of tax-commissioner of Atkinson County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to tax-receiver and tax-collector when the provisions of this Act become effective, shall be of full force and effect as to the tax-commissioner of Atkinson County, Georgia, so far as the same are applicable; to provide that all taxes due at the time the provisions of this Act becomes effective and all tax fi. fas. theretofore issued shall have full force and effect, and be collectible as issued; to provide that all fees and commissions and other compensation that would be paid to or collected by the tax-receiver and tax-collector, were it not for the provisions of this Act, shall be collected by the tax-commissioner herein provided for, and by him paid to the commissioner of roads and revenues of said County of Atkinson, except fees and commissions on all taxes collected on behalf of the State of Georgia; to provide that

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said tax-commissioner shall be allowed to deduct from all taxes collected by him for and on behalf of the State of Georgia the regular fees and commissions heretofore allowed to the tax-receiver and tax-collector, and that he shall remit the remainder of the same, after the deduction of such fees and commissions, to the Comptroller General or other tax collecting official of the State of Georgia; to provide for the election of said tax commissioner and the method of filling vacancies; to provide for the commissioner of roads and revenues of said county to levy a tax to pay the salary of the tax-commissioner, should this be necessary; to provide for the giving of a bond; to provide for the putting into effect the Constitution of this State as contained in article eleven (11), section three (3), paragraph one (1); and for 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 offices of tax-receiver and tax-collector of Atkinson County, Georgia, are hereby abolished, as hereinafter provided for, and the duties of the two offices aforesaid are hereby consolidated into one office. Tax-receiver and tax-collector abolished. Section 2. Be it further enacted, that the office of tax-commissioner of Atkinson County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties, and liabilities of the tax-receiver and tax-collector shall be assumed by the tax-commissioner of Atkinson County, Georgia, so far as the same are applicable. Tax-commissioner created. Section 3. Be it further enacted that all taxes that are due and payable at the time the provisions of this Act become effective, and all tax fi. fas. theretofore issued by the tax-collector of Atkinson County, Georgia, shall have full force and effect, and be collectible as issued. Tax fi. fas.

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Section 4. Be it further enacted that all fees, commissions, and all other compensation allowed to the tax-receiver and tax-collector of Atkinson County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafter were it not for the provisions of this Act, shall be collected by the tax-commissioner of Atkinson County, Georgia, and paid into the treasury of Atkinson County, which duties as treasurer are now performed by the commissioner of roads and revenues, except fees and commissions on all such taxes as are collected by such tax-commissioner for and on behalf of the State of Georgia. Fees. Section 5. Be it further enacted that from all taxes collected by said tax-commissioner for and on behalf of the State of Georgia he shall be allowed to deduct therefrom fees and commissions which have heretofore been allowed to the tax-receiver and tax-collector, and said tax-commissioner shall remit the remainder of the same directly to the Comptroller General or other such tax collecting official of the State of Georgia by whatever name called. Fees by State. Section 6. Be it further enacted by the authority aforesaid that on the first day of each month after the tax-commissioner of Atkinson County takes office the commissioner of roads and revenues of Atkinson County shall pay to him by voucher the sum of one hundred twenty-five dollars ($125.00) per month; and from this sum so received said tax-commissioner shall pay all clerical hire and all expenses of the office, except postage, stationery, and printing. Salary. Section 7. Be it further enacted that should it be necessary, the commissioner of roads and revenues of Atkinson County shall be and is hereby authorized to levy and collect a tax sufficient to pay the salary, as above mentioned, of said tax-commissioner, same to be levied and collected as other taxes are levied and collected. Tax for salary.

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Section 8. Be it further enacted that before entering upon the duties of his office the said tax-commissioner of Atkinson County shall take the oath now prescribed by law for the tax-receiver and the tax-collector, and shall give bond, the amount of said bond to be fixed by and approved by the commissioner of roads and revenues of said county, the cost of said bond to be paid by the tax-commissioner. Oath. Bond. Section 9. Be it further enacted by the authority aforesaid that the first election for tax-commissioner of Atkinson County shall be held at the same time and under the same laws as other county officers are now elected at the general election for county officers in the year 1944, and quadrennially thereafter, and that the persons so elected shall enter upon the duties of the office hereby created on January 1st, 1945, and shall serve for a term of four years. If a vacancy should occur, then the office shall be filled in the same manner as vacancies are filled in other county offices. Election. Section 10. Be it further enacted by the authority aforesaid that if for any reason any portion of this Act shall be held by the court of last resort in this State to be unconstitutional, the whole of this Act shall not thereby become void, but only so much of the same as may be so held to be unconstitutional; the purposes of this Act being to put into effect the constitution of this State as contained in article 11, section 3, paragraph 1. Invalid parts. Section 11. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 11, 1943.

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BACON OFFICERS' BONDS. No. 141. An Act to require all county officers of Bacon County, Georgia, except the County Surveyor and Coroner to execute a bond with one or more reputable and solvent indemnity companies as surety; 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 all county officers of Bacon County, Georgia, except the County Surveyor and the Coroner, required by law to give bond, must execute a bond with one or more reputable and solvent indemnity companies as surety to be approved of as now required by law. Bonds. Section 2. Be it further enacted by the authority aforesaid that this act shall not affect the amounts of the bonds now required of said county officers. Section 3. Be it further enacted that this Act shall not become effective until the terms of the present officers expire. Effective date. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1943. BAKER COMMISSIONERS AND DISTRICTS. No. 372. An Act to amend an Act approved August 9, 1924, amending an Act approved August 8, 1917, entitled An Act to create a Board of Commissioners of Roads and Revenues for Baker County, to define their powers and duties and prescribe their qualifications, to provide for their selection

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and for other purposes by striking from the amending Act approved August 9, 1924 all of Section 4 and substituting in lieu thereof a new Section 4 providing that the commissioners shall be elected from their respective district and by the voters of their respective district and not by a county wide vote, to provide for the submission of this Act to the voters of Baker County for ratification or rejection, and for other purooses. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that: Section 1. The Act approved August 9, 1924, amending the Act approved August 8, 1917, creating a Board of Commissioners of Roads and Revenues for Baker County, be and the same is hereby amended by striking from the Act approved August 9, 1924 which was an Act amending the Act approved August 8, 1917, creating a Board of Commissioners of Roads and Revenues for Baker County, all of Section 4 and by rewriting same to read as follows: Act 1924 amended. Section 4 stricken. Section 4. The members of said Board of Commissioners of Roads and Revenues shall be elected one from the 971st or Newton District which district shall also include the Hardup District, one from the 957th or Milford District, one from the 1183rd or Haggards Mills District; one from the 1722nd or Elmodel District and one from the 1680th or Anna District. In the election of such commissioners the candidate from each district shall be voted for only by the voters of such district, and the candidate receiving the highest number of the voters of the district shall be elected. No other district or part of the county shall participate in the election of a commissioner other than that for his own district. The commissioners so elected shall hold office for four years and until his successor is elected and qualified. They shall be elected at the same time other county officers are

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elected. In the event of the death or removal of a commissioner from the district in which he was elected the Judge of the Superior Court of said county shall appoint his successor to fill the unexpired term, and until his successor is elected and qualified. New section 4. Elected by districts. Section 2. Before the provisions of this Act shall go into effect, the same shall be referred to the voters of Baker County for ratification or rejection. The Ordinary of Baker County, at the expense of the County, shall cause ballots to be furnished the election managers, together with other necessary election papers, and the same shall be voted on at the next General Election held for approving Constitutional Amendments, provided such an election is held in 1943, but if not held in 1943, then in the primary election for county officers to be held in Baker County in 1944. The voters of said county, voting at said election, who are in favor of this Act for putting same into effect shall have written or printed on their ballots the words: For electing commissioners for districts by voters of district only. And those opposed shall have written or printed on their ballots the words: Against electing commissioners for districts by voters of district only. When said election is held the returns shall be made to the Ordinary of Baker County who shall consolidate the returns and declare the result. The results of such election shall be entered on the minutes of the Ordinary and County Commissioners. If the result of said election is in favor of the provisions of this Act, then and in that event the provisions of the same shall go into effect as herein provided, if unfavorable the Act shall be of no force or effect. Referendum. Section 3. All laws and parts of laws in conflict with this Act, be and the same is hereby repealed. Approved March 18, 1943.

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BEN HILL DEPOSITORYAMENDATORY ACT. No. 264. An Act to amend an Act entitled An Act creating a County Depository in and for Ben Hill County and to provide for the receiving and disbursing of County funds, and for the keeping of records relative thereto, and to define the duties of County Commissioners relative thereto, and for other purposes, approved August 26, 1931, so as to provide that said County Depository in and for the County of Ben Hill, the National Bank of Fitzgerald, shall have the right to cash and pay all warrants, drawn on it, by lawful authority at its option, whether or not there are sufficient funds on hand belonging to said County to pay said warrant; and shall have the right to charge interest on the amount paid under said warrant at such rate as may be established by the Board of Commissioners of Roads and Revenues in and for Ben Hill County and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the County Depository of Ben Hill County, Georgia; namely, the National Bank of Fitzgerald, shall have the right to pay or cash any lawful warrant drawn upon it as such County Depository, at its option, irrespective or whether or not there are sufficient funds on deposit with said Depository to pay said warrant; and shall have the right to charge interest on such amount paid out under said warrant, at such rate as may be established by the Board of Commissioners of Roads and Revenues of said County. To cash warrants. Section 2. Be it further enacted by the authority aforesaid that the said Depository shall not have the right to pay less than face value for said warrant, but shall, in all events,

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be entitled to collect interest on said warrant from the County of Ben Hill whenever the same is paid at a time when there is not sufficient funds on hand to pay the same. This shall not be construed to mean, however, that said Bank shall not be permitted to make a loan to any person, firm, or corporation holding a warrant of said county, and take the same as collateral to such loan. Interest. Collateral. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 5, 1943. BEN HILL COMMISSIONERSAMENDMENTS. No. 263. An Act to amend the Act creating the office of Commissioner of Roads and Revenues in and for Ben Hill County, approved August 15, 1914, by providing that said Commissioners of Roads and Revenues in and for Ben Hill County, shall have the right to name one of its members as special Road Supervisor, whose duties shall be to inspect the roads of Ben Hill County, and to supervise the grading, construction, and maintenance of said roads and to perform such other duties as may be designated by said Board of Commissioners of Roads and Revenues in and for Ben Hill County, Georgia, and provide his term of office and the pay that he is to receive, and how he is to be named; to provide that the Ordinary of Ben Hill County, Georgia, shall be qualified to serve as Clerk of the Board of Commissioners of Roads and Revenues of Ben Hill County, Georgia; to provide that in addition to the compensation now allowed by law, that all expenses that any member of said Board may incur in looking after the affairs of the County of Ben Hill, shall be paid from

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the public funds of said County by a warrant approved by the Board for the amount of such expense, drawn on the County Depository; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Commissioners of Roads and Revenues of Ben Hill County, Georgia, shall have the right to designate and name one of its members as Road Supervisor of said County, which appointment shall be made by an order entered upon the minutes of said Board, duly passed by a majority vote of said Board, who shall hold office at the pleasure of said Board, and not longer than such member shall be a member of said Board, and whose duties shall be to supervise and inspect the grading, construction, and maintenance of public roads of Ben Hill County, Georgia, and perform such other duties as may be designated by said Board; and he shall receive as compensation for such services, the sum of five dollars per day, provided, however, he shall not be paid more than thirty-five dollars in any one calendar month for such services. The appointment and designation of such road supervisor may be cancelled at any time by said Board by passing a resolution and order to such effect and entering the same upon the minutes of said board. The Board shall have the right to create said office for such length of time it sees fit, or for an indefinite time, and can abolish said office a any time it sees fit. Said Road Supervisor shall be subject to all the orders of said Board and shall have no power or authority except as given by the said Board. Road Supervisor. Per diem. Appointment cancelled. Section 2. Be it further enacted by the authority aforesaid that the Ordinary of Ben Hill County, Georgia, shall be qualified to serve as Clerk of the Board of Commissioners of Roads and Revenues of Ben Hill County, Georgia, notwithstanding the fact that he may hold the office of Ordinary of said County; and the holding of one office

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shall not be a disqualification to the holding of the other. This does not mean, however, that the Ordinary shall be the Clerk of said Board unless he is duly named to said office by an order of said Board duly entered upon the minutes thereof. Clerk. Section 3. Be it further enacted by the authority aforesaid that the members of the Board of Commissioners of Roads and Revenues in and for Ben Hill County, Georgia, shall have the right to be paid from the public funds of said County, in addition to the compensation now allowed by law, all expenses that any member of said Board may incur in looking after the affairs of the County of Ben Hill, and of said Board; and this shall mean to include all traveling expenses, use of an automobile, gasoline, meals, hotel expenses, and all expenses of every kind, character, and description that any member of the Board may incur in looking after the affairs of the County of Ben Hill, and it shall be paid by a warrant, approved by said Board for the amount of such expense, drawn on the County Depository. Expenses. 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 5, 1943. BIBB COMMISSIONERSADDITIONAL POWERS. No. 234. 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 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

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therein named 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; to empower said County Board of Commissioners for the County of Bibb to prescribe, regulate, ordain or resolve rules, regulations, ordinances and resolutions respecting all matters and things affecting the good government of said County as they shall deem requisite and proper for the security, welfare, health and convenience of said county, and for the preservation of the peace and good order of the same; to provide that violations of said rules, regulations, ordinances or resolutions authorized hereby or by any other lawful authority are punishable as for a misdemeanor after trial and conviction in either the Superior Court of Bibb County or City Court of Macon; and for other purposes: Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows: Section 1. The County Board of Commissioners for the County of Bibb are hereby delegated the police powers of the State with respect to persons and property situated within the County of Bibb and without the territorial limits of the City of Macon, Georgia; and in the exercise of such powers are expressly authorized and empowered to make and establish by ordinance or resolution rules and regulations respecting persons or property and all other matters and things affecting the good government of the County as it shall deem requisite and proper for the security, welfare, health, and convenience of said County and for the preservation of the peace and good order of the same. Police powers. Rules and regulations. Section 2. Any person, firm or corporation violating any rule, regulation, ordinance or resolution made and established pursuant to the powers in this Act delegated or pursuant

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to the lawful powers delegated under any other authority shall be guilty of a misdemeanor, amenable to the processes of the Superior Court of Bibb County and/or the City Court of Macon, and, if found guilty, shall be subject to a fine not to exceed $200.00, a chaingang sentence not to exceed 3 months, either one, either two or all three or parts thereof in the discretion of the Court. Misdemeanor. Section 3. The powers herein conferred are not to be construed as exhaustive of or in conflict with other powers heretofore conferred upon the County Board of Commissioners for the County of Bibb but on the contrary, shall be construed as cumulative and in aid of such other powers. 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 3, 1943. BULLOCH TAX COMMISSIONER'S COMPENSATION. No. 143. An Act to amend an Act entitled Bulloch Tax Commissioner approved March 24, 1937, (Ga. Laws 1937, pp. 1261-65) by striking and repealing Section 4, and substituting in lieu thereof a new section to provide that certain fees shall be paid to the Tax Commissioner; to amend Section 8 by striking and repealing same, and substituting in lieu thereof a new section to provide that the Tax Commissioner shall be paid a salary of $1,500.00 per annum in addition to certain fees; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:

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Section 1. That Section 4 of the Act approved March 24, 1937 (Ga. Laws 1937, pp. 1261-65) be amended by striking and repealing same, and substituting in lieu thereof a new section to provide the following: Ga. Laws, 1937, pp. 1261-65, Sec. 4, repealed. Section 4. All fees and costs for issuing fi. fas., and for collecting special taxes, and for homestead exemption fees allowed to the Tax Receiver and Tax Collector for receiving and collecting State taxes shall be retained by said Tax Commissioner. New section 4. That all other allowances and compensation of every kind made to the Tax Receiver and Tax Collector for receiving and collecting county and school taxes, and school bond taxes, shall be by said Tax Commissioner collected and paid into the designated depository to the credit of Bulloch County, or paid to the fiscal agents of said county. Said funds shall be withdrawn as other county funds are withdrawn. Fees deposited. Section 2. That Section 8 of said Act approved March 24, 1937 (Ga. Laws 1937, pp. 1261-65) be amended by striking and repealing same in its entirety, and substituting in lieu thereof a new section to provide as follows: Ga. Laws, 1937, pp. 1261-65, Sec. 8, repealed. Section 8. That said Bulloch County Tax Commissioner shall receive and be paid, as full compensation for all duties performed by him as receiver and collector of county, school district, school, and school bonds, and any and all similar taxes, and performing any and all duties required as receiver or collector of county taxes, the sum of $1,500.00 per annum, payable in equal monthly installments. The Tax Commissioner, out of his salary, fees and commissions provided for in this Act, shall pay his bond to the State and whatever clerical help it may be necessary for him to have to perform the duties of said office. Said salary to be paid by the Commissioners of Roads and Revenues of said county from the funds in

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the county treasury. Said Tax Commissioner shall give his time to the duties of his office. New section 8. Salary. Premium on bond. Section 3. This Act shall become effective upon its passage. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 22, 1943. BUTTS COMMISSIONERSAMENDMENTS. No. 147. An Act to amend the Act creating the board of Commissioners of Roads and Revenues of Butts County, Georgia, approved February 24, 1941 (Acts 1941, page 793) by striking from said Act in Section 5 line 9 thereof the words five hundred ($500) Dollars and substituting in lieu thereof the words nine hundred ($900) Dollars relating to the annual salary of the Clerk of said Board; by striking from said Act all of Section 9 thereof relating to the quorum of said Board and substituting a new Section 9 defining a quorum of said Board and the powers of less than the full Board in the absence of one or more members, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That certain Act creating the board of Commissioners of Roads and Revenues of Butts County, Georgia, approved February 24, 1941 (Ga. Laws 1941, page 793) is hereby amended by striking from Section 5 in line 9 thereof the words five hundred ($500) Dollars and substituting in lieu thereof the words nine hundred ($900) Dollars so that said Section when so amended shall read as follows: Ga. Laws, 1941, p. 793 (5) amended.

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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 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 nine hundred ($900) 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. Salary. Section 2. Be it further enacted by the authority aforesaid that Section 9 of said Act is hereby stricken and a new Section 9 is hereby enacted in lieu thereof as follows: Sec. 9 stricken. Section 9. All three members of said Board shall be necessary to constitute a quorum of said Board and all three of such members shall sign all agreements, contracts, licenses, warrants or any other instrument or authority calling for the expenditure of county funds, and shall also sign all minutes of regular and called meetings of said Board. Provided that, in the case of vacancy on said Board caused by the death or resignation of one member thereof, the remaining two members may sign warrants in payment of obligations previously approved by all three members of said Board where such approval has been recorded in the minutes of a regular or called meeting attended by all three members of said Board, until such vacancy is filled as provided by law. Provided further, that where one member of said Board may be incapacitated from the transaction of business by illness for a period of more than thirty days, the remaining two members of said Board shall constitute a quorum for the transaction of any business properly coming before such

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Board, which business is of such urgency that the interest of the county may suffer if the same is not acted upon before said ill member can be reasonably expected to return to a meeting of said Board. New Sec. 9. Quorum. Vacancy. 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 22, 1943. CANDLER COMMISSIONERS' CLERK'S COMPENSATION. No. 212. An Act to amend an Act, being Georgia Laws creating the Board of Roads and Revenue's Commissioners in and for the County of Candler approved March 23rd, 1933, so as to strike the words and figures $50.00 per conth and inserting in lieu thereof the words and figures $65.00 per month, wherever the same appear in section seven of said Act. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same as follows: Section 1. The words and figures $50.00 per month wherever they appear in Section 7, Georgia Laws creating the Board of Roads and Revenues Commissioners for the County of Candler approved March 23rd. 1933, be and the same are hereby stricken and the word and figures $65.00 per month be inserted in lieu thereof so that said section as thus amended shall read as follows: Act of 1933 amended. Section 7. Be it further enacted by the authority aforesaid that said Board of Commissioners shall be authorized to elect a clerk of said Board, whose duty it

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shall be to keep in permanent form a complete record of the official acts of said Board, including the receipt and disbursement of all county funds, to perform generally the duties of a secretary to said Board and to perform such other duties as may be required of him by said Board. Said clerk shall receive for his services such compensation as may be fixed by said Board, but not to exceed $65.00 per month, and shall give such bond with good security for the faithful performance of his duties as such clerk as may be required by said Board; provided, however, that the chairman of said Board of Commissioners may in the discretion of said Board be designated as ex-officio clerk and to receive such compensation, within the above prescribed limits, as may be fixed by the Board. Sec. 7 as amended. Compensation. Approved March 3, 1943. CARROLL BOARD OF COMMISSIONERS CREATED. No. 274. An Act to create a Board of Commissioners of Roads and Revenues for the County of Carroll; to provide for election of members thereof; to provide for referendum; to define their powers and duties; to provide for an Executive Director or Clerk and define his powers and duties; to fix the salary of members of said board and the Executive Director or Clerk; 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 same: Section 1. That on Tuesday after the first Monday in August or at such time as the general election is held the

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Ordinary of Carroll County shall submit for the approval of the voters of said County a proposal as to whether Carroll County shall have one or three Commissioners of Roads and Revenues. In case there is no general election in 1943, the Ordinary shall call a special election to be held on Tuesday after the first Monday in September, 1943. He shall have ballots prepared which will read, I favor one commissioner and I favor three commissioners. In the case a majority of the voters voting in this election cast their ballots for three commissioners this Bill will be in effect; however, if a majority of the voters of Carroll County favor one commissioner this Bill is void and of no effect. Election to adopt this Act. Ballots. Section 2. That a Board of Commissioners of Roads and Revenues for County of Carroll, to consist of three members, is hereby created. Three members. Section 3. Be it further enacted, that qualifications to hold this office or offices shall be the same as applies to other county officers. No two persons shall be eligible to be elected to or hold office of commissioner of Carroll County during same term from any one militia district of said County. In the event there are two or more candidates for this office residing in one militia district of said County, of the candidates of such district only the candidate receiving the highest number of votes in the election shall be declared elected. Qualifications. Section 4. Be it further enacted that at the time the election is held in County of Carroll for election of County officers beginning with the year 1944 there shall be elected the three commissioners as provided for in this Act. The three candidates for said office receiving the highest number of votes in said election shall hold the office for a term of four years, beginning January 1, 1945, and until their successors in office are elected and qualified. All of said

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commissioners shall be elected by voters of Carroll County as a whole. Election and terms of office. Section 5. Be it further enacted that should a vacancy occur in membership of said board by death, resignation, or otherwise, the majority of other members of said board shall elect his successor for the residue of the term of such commissioner, provided that such successor shall be a resident of a militia district not then having a representative on said board and shall be approved in writing by Ordinary of Carroll County, such election by the board and approval by the Ordinary to be spread upon the minutes of the board. Provided further that should said board fail to agree upon any one to fill said vacancy, or fail to agree upon a person who meets the approval of said Ordinary, then the Ordinary of Carroll County shall within thirty days call a special election to be held within not less than sixty days to fill said vacancy, said election to be held as provided by law for holding special elections. Vacancy. Proviso. Election. Section 6. Be it further enacted that before entering upon their duties as commissioners, each commissioner shall take and subscribe to an oath for the faithful performance of their duties as commissioners, which said oath shall be taken before the Ordinary of said County or Judge of Superior Court of said County, and in addition thereto each of said commissioners shall give a bond with good security thereon, approved by Ordinary of said County, in sum of $2,000 payable to Ordinary of said County and his successors in office, conditioned upon the faithful discharge of his duties as commissioner. Oath and bond. Section 7. Be it further enacted the regular meetings of the Board of Commissioners of Roads and Revenues as herein provided shall be held at the Court House of Carroll County once a month on the first Tuesday in each month beginning with first meeting on first Tuesday in January,

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1945. Special meetings may be held at the call of Executive Director or Clerk herein provided for, who shall call same upon his own initiative when county matters require, or when requested to do so in writing by any three members of said board, provided that each member shall be given due notice in writing of such special meeting at least two days before time of such meeting. However, such notice may be waived by all members attending such meeting and assenting thereto, or in event any one or more commissioners absent, their waiver of such notice in writing. Notations of assent and waiver to be spread upon minutes of such meeting. Meetings. Section 8. Be it further enacted that at the first meeting of members of said board, or at not later than second meeting of same and at first or second meeting of said board every two years thereafter, said board shall elect a person to serve as Executive Director or Clerk of said Board of Commissioners of Roads and Revenues of Carroll County. These two offices to be held by one person so elected. Said Executive Director or Clerk shall be elected from among the members of said board, or the board may, if in its discretion it deems best, elect to such office a person not a member of said board. To be eligible to hold said office of Executive Director of Clerk, the person as elected shall not be less than 25 years of age, have had experience in keeping books and records, and in practical business. He shall be so elected for a term of two years and his office shall not be declared vacant or his salary reduced during his term of office except by affirmative vote of members of entire board, and approval by Ordinary of said county in writing. Said vote and approval of Ordinary shall be spread upon minutes of the board. Executive Director or Clerk. Eligibility. Term. Section 9. Be it further enacted that said Executive Director or Clerk shall devote his entire time to the duties of said office, and shall not hold either directly or indirectly

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any other salaried office or position, and shall not be engaged in any other business that requires any part of his time, shall keep office hours in offices of board of commissioners in Court House of Carroll County, such as are kept by Clerk of Superior Court and Ordinary of said County, and shall be available to the public in connection with affairs pertaining to the county, except such time as he is required to be out of said offices in connection with county business. Entire time required. Section 10. Be it further enacted that said Executive Director or Clerk shall preside at all meetings of said board and keep minutes of same; at the close of such meeting the minutes of such meeting shall be read and approved by said board, such approval being verified by signature of at least two members of the board; shall call meetings of the board as herein provided; shall before each meeting prepare in writing a list of matters pertaining to county affairs and such county matters as have been brought to his attention by citizens of the county to be brought to the attention of the board at such meeting; shall keep himself informed as to conditions of all county property and roads so as to be prepared to inform the board with respect to same and to make recommendations with respect thereto; shall at the end of each month make out list of all expenditures during the month for which warrants have been issued, and the names of to whom issued, and the amounts, which shall be presented to the board for their examination and approval and kept as permanent records of the board; it shall be his duty to keep in touch with State and Federal authorities who have charge of roads and road building, to secure and keep in office of commissioners and familiarize himself with all free bulletins bearing upon the subject of road building, and have same available for the board; shall keep accurate records of all county affairs under jurisdiction of the board and the actings and doings of said board; shall

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keep all records herein required to be kept by said board; shall issue all county warrants and checks and make all payments approved and directed by the board, all county checks and warrants shall be countersigned by a member of the board who shall be designated by board for such purpose; shall execute in the name of the county all bills of sale and conveyances of county property as directed by the board, and shall generally do and perform all duties of office of chairman and clerk of a board. Duties. Section 11. Be it further enacted that in the event said Executive Director or Clerk so elected is one of the elected commissioners he shall give a bond in the sum of $10,000 in lieu of the bond hereinbefore provided for, for each commissioner, and he shall have the right and duty to vote on all matters coming before the board. In the event the person elected Executive Director or Clerk is not one of said elected commissioners he shall before entering upon the duties of his office give a bond in the sum of $10,000 conditioned for faithful performance of duties of his office and payable as hereinbefore provided for commissioners bonds, and he shall not have the right to vote on matters coming before said board. Bond. Section 12. Be it further enacted that each member of elected board of commissioners, other than Executive Director or Clerk, shall be paid annually the sum of $500 to be paid in monthly or quarterly installments as said board shall direct and said sum shall be in full compensation for services as members of said board. The Executive Director or Clerk shall be paid such salary as the board shall direct not to exceed the sum of $2400 per year, to be paid monthly. In addition he shall be paid sch necessary traveling expenses as in the discretion of the board it shall authorize and direct, not to exceed the sum of $500 per year, and only to be paid when such expenses have been incurred with the approval and at the discretion of the board. In the event

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said Executive Director or Clerk is one of the elected commissioners said salary so fixed shall include and not be in addition to the compensation hereinbefore provided for each commissioner. Compensation of board members. Compensation of Executive Director. Section 13. Be it further enacted that 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 officers books and allowing the insolvent list of said county according to law; in connection with amounts of commissions or fees claimed by Tax Collector and Tax Receiver the said board is directed to retain at least fifteen per cent of amount claimed until books of said officers have been audited and amount claimed found to be correct; in examining and auditing all claims and accounts of officers having the care, management, keeping, collection or disbursement of money belonging to the county or appropriations for its use and benefit, in bringing them to settlement, and especially is said board charged with frequently examining and auditing the books of county treasurer or depository, the tax collector, tax receiver, or tax commissioner, as the case may be, the sheriff, the superintendent of public schools, and other officers of said county through whose hands county funds pass, and this may be done by the 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, caring for, managing the convicts of the county, if any, according to law, make

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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 authorizel by law; to 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 to 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, if any, janitor of the Court House, county physician, health officer, county nurse, road superintendent, tax assessors, county policeman, and other officers and employees as are needed and authorized by law. All appointees of said board except Executive Director or Clerk (who may be dismissed as hereinbefore provided) shall be subject to suspension or dismissal at any time and no appointee including Executive Director or Clerk so suspended or dismissed shall be entitled to a salary or compensation during suspension or after dismissal, no matter whether the time for which he was appointed has expired or not. In addition all of the general laws of this State applicable to the duties and powers of county commissioners, and all of the laws of said State applicable to the working and improvement of public roads of said county except as herein otherwise provided, shall be in force in Carroll County and be applicable to said board. Jurisdiction and powers of Board. Section 14. Be it further enacted that said board shall keep a proper and accurate book of minutes wherein shall

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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 the depository, for what purpose, and upon what fund. The board shall also keep a book in which shall be recorded an itemized statement of all articles or things of whatever kind purchased for the use of the county, giving the name of article, date when purchased, from whom purchased, the price paid therefor, and for which department of the county purchased and used. The board shall keep also a cash book in which shall be daily entered any cash item received, from whom received, and for what purpose received. The board shall keep an inventory 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 books 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 Carroll County who may be desirous of seeing same. Minutes and records. Section 15. Be it further enacted that the said board is hereby constituted the purchasing agent for Carroll County, provided that before purchasing any material, equipment, or supplies, exceeding the estimated value or cost of $200, it is hereby required to first publish an advertisement for bids by posting an advertisement before the Court House door of Carroll County for ten days and running said advertisement in the newspaper that is the official organ of said county at least one issue. The advertisement for bids in such cases shall contain specifications of the articles, merchandise, supplies or equipment sought to be

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purchased and shall be submitited in sealed envelopes to the board to be opened by the board in regular or special called meeting. The board shall have privilege of rejecting all bids but if purchase is made shall purchase from the lowest and best bidder. Purchase of any material, equipment, or supplies exceeding in cost or value said amount shall not otherwise be made, unless at a regular or called meeting, as herein provided, all members of board present after being informed of facts vote to waive advertisement and bid for purchase of such material, equipment or supplies in a particular instance, and the Ordinary of the County after being fully informed of nature of material, supplies, or equipment and price of same approves the purchase without advertisement or bids, such approval to be made in writing and spread upon minutes of meeting of board. Purchasing agent for county. Bids. Advertisement. Section 16. Be it further enacted that it shall be unlawful for said board or any member of same or Executive Director or Clerk of same to have any financial interest in the sale or purchase of any material or of any article furnished the county, or to receive any rebate, expense account, transportation or other valuable consideration in connection with or through the purchase of any equipment or supplies for the county, or the awarding of any contract by or for said county and if any commissioner or the Executive Director or Clerk shall violate any provision of this section he shall be guilty of a misdemeanor and punished as prescribed in section 27-2506 of Penal Code of 1933. Interest in sales or purchases; rebates, etc., forbidden. Panalty for violation. Section 17. Be it further enacted that the grand jury sitting at the first regular term in each year shall appoint two or more auditors (or a committee) to audit the books, records, warrants, and accounts of said board of commissioners and Executive Director or Clerk thereof. Said auditors (or committee) shall have power to examine, under oath, said commissioners and Executive Director or Clerk thereof, relative to any account, item or warrant or

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transaction in connection with business transacted by said board, said auditors (or committee) shall perform their duties as provided herein and make a report of their findings to the Judge of Superior Court of said county, within thirty days from the time of their appointment, and said findings shall be published in the newspaper that is the official organ of said county. The grand jury appointing said auditors shall prescribe the amount to be paid for their services. Audits. Section 18. Be it further enacted that said 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 records of accounts which shall correctly show all such contributions, from whom received, and a correct disbursement of same, and the Executive Director or Clerk shall take and file receipts for all such disbursements, and such contributions and the members of the board, the Executive Director or Clerk, and their sureties upon their official bonds shall be liable for any misapplication of such funds. Contributions. Section 19. Be it further enacted that it shall be the duty of said board to keep always in view that which will be to the greater good of the greatest number of citizens of Carroll County in connection with all matters and business transacted by them as a board, and this policy shall be uniformly observed by said board. Policy to be observed. Section 20. Be it further enacted that the board shall have the power to employ a county attorney, and shall have

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authority to pay such county attorney for his services, not exceeding $300 per annum, and provided also that said board shall also be authorized to employ additional legal counsel in any case where necessary and pay for such services a reasonable amount as the nature of the case or the service may warrant. County attorney. Compensation. Section 21. Be it further enacted by the authority of the aforesaid that said board of commissioners shall prepare and publish quarterly a complete list of the warrants issued during the preceding quarter, showing the purchases made, from whom, and the amounts and a statement of all receipts during said quarter, showing the amounts paid out and to whom; showing the amount received and the balance of funds on hand; and a failure to so prepare and publish a true report at the end of each three months, beginning the count on January 1, 1945, the members of said board shall be guilty of a misdemeanor and punished as prescribed in Section 27-2506 of the Penal Code of 1933, and failure to comply with this section shall be grounds of removal of the members of said board, or the ones responsible for the failure to so publish said report. Quarterly statements. Publication. Penalty for violation. Section 22. Be it further enacted that if for any reason any section, provision, clause, or any part of this Act shall be held to be unconstitutional and invalid, then that fact shall not affect or destroy the validity or constitutionality or any part, section, provisions 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. Invalid parts. Section 23. Be it further enacted that this Act shall become effective and operative immediately in so far as it provides for election of said commissioners in 1944, and that all other provisions of this Act shall become effective and operative January 1, 1945. Effective date. Approved March 9, 1943.

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CARROLL JAILER'S COMPENSATION. No. 174. An Act to fix a salary for the jailer of Carroll County, Georgia, in addition to the fees and compensation allowed under the general law to be paid out of the county treasury of Carroll County, Ga., at the end of each month, upon the order of the county Commissioner of Roads and Revenues or Commissioners of Roads and Revenues, or other authorities in charge of County affairs, and to fix a standard fee for dieting and feeding prisoners confined in jail of Carroll County, Georgia, 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 the Act, the jailer of Carroll County, Georgia, shall be paid a salary of $150.00 per month, payable out of the County Treasury of said County, and payable monthly for keeping the jail. This to be paid in addition to the compensation received as jailer and Sheriff of Carroll County, Georgia under the General Law of said State, and the Commissioner of Roads and Revenues or Commissioners of Roads and Revenues of Carroll County, Georgia, or other authorities in charge of county affairs, shall upon the first day of each month, pay to said Sheriff out of the funds in the County Treasury, the sum of $150.00 for said services. Compensation. Section 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the jailer of Carroll County, Georgia, shall receive and be paid a standard fee of not less than seventy-five cents per person, per day, for dieting and feeding prisoners confined in the common jail of Carroll County, Georgia. Fee for feeding prisoners.

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Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved February 25, 1943. CATOOSA BOARD OF ROADS AND REVENUES ABOLISHEDREFERENDUM. No. 132. An Act To repeal An Act to abolish the Board of Roads and Revenues of the County of Catoosa; to create a Board of Commissioners of Roads and Revenues in and for the County of Catoosa, which Act was approved August 16, 1920, and to repeal any and all other Acts providing for the establishment of a Board of Commissioners of Roads and Revenues for Catoosa County, and all Acts amendatory thereto; to provide for a referendum; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act approved August 16, 1920, creating a Board of Commissioners of Roads and Revenues for the County of Catoosa, be, and the same is hereby repealed. Act of 1920 repealed. Section 2. Be it further enacted by the authority aforesaid that any and all Acts amendatory to the Act approved August 16, 1920, to create a Board of Commissioners of Roads and Revenues for Catoosa County, be, and the same are hereby repealed. Amendatory Acts repealed. Section 3. Be it further enacted that this Act shall not go into effect until after the same has been submitted to the qualified voters of Catoosa County at an election to be held

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on the second Wednesday in November, 1943. At said election there shall be submitted to the duly qualified voters of Catoosa County, ballots upon which shall be printed, For ratification of the Act abolishing the Board of four Commissioners and for a sole Commissioner, and Against ratification of the Act abolishing the Board of four Commissioners and against a sole Commissioner. Referendum. Ballots. Section 4. If a majority of those voting in said election vote for ratification of this Act, the same shall take effect, and not otherwise, and if this Act is ratified by a majority of those voting, the same shall go into effect on the first day of January, 1945, at which time the present Board of Commissioners of Roads and Revenues of Catoosa County shall turn over to the Commissioner of Roads and Revenues all books, papers, documents and property belonging to said County. Effective date. Section 5. The returns of said election, after the managers of said election have consolidated the same, shall be to the Ordinary of said County, who shall declare within three days after said election is held, the result thereof. Returns. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 22, 1943. CATOOSA COMMISSIONER CREATED. No. 160. An Act to create the office of Commissioner of Roads and Revenue for the County of Catoosa; to provide for his election and recall; to provide for the term of office of the Commissioner; to define certain qualifications of said Commissioner; to define the duties of such Commissioner,

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and to provide for the proper supervision of his acts, and the auditing of the books and records kept by him in said capacity, as are now kept in the office of ordinary of Catoosa County by the Clerk of the Board of Commissioners of Roads and Revenue, or such other books as may be necessary to keep to specify the compensation of such Commissioner for his services and how it shall be levied and paid; to provide for a bond for the acts of such Commissioner; and, generally to provide for the management of the affairs of said county, and for the clerk of such Commissioner; to provide for the selection of the first Commissioner to qualify under the provisions of this Act, and thereafter his successor; and to provide for the repeal of all laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after December 31, 1944, the county affairs of Catoosa County, Georgia, shall be administered by a Commissioner of Roads and Revenue, and for that purpose the office of Commissioner of Roads and Revenue is hereby created. One Commissioner. Section 2. Be it further enacted by the authority aforesaid, that said Commissioner shall be elected by the qualified voters of said County at the General State Election held in said County in 1944, and said Commissioner to hold office for a term of four years, beginning January 1, 1945. Election and term of office. Section 3. Be it further enacted by the authority aforesaid, that in order to be eligible to hold the office of said Commissioner, one must have attained the age of 25 years, must have resided in said county for four years next preceding the term for which he is elected, must be of good

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moral chcaracter, and must have some practical business experience. Eligibility. Section 4. Be it further enacted by the authority aforesaid, that the managers of elections held under this Act shall consolidate the returns of said elections, as provided by law for general elections held in said County, and certify the results to the ordinary of Catoosa 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 Catoosa 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. Commissioned by Governor. Special election. Section 5. Be it further enacted by the authority aforesaid, that only the eligible candidates for said special election, as outlined in section 4 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 the ordinary of Catoosa 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 complied as provided for in general State elections, and the candidate receiving the highest number of votes cast shall be declared the commissioner of roads and revenue of Catoosa County, Georgia, and shall be so commissioned by the Governor of the State of Georgia. Candidates. Section 6. Be it further enacted by the authority aforesaid, that all expenses incurred in special elections, as outlined in sections four and five of this Act, shall be borne by Catoosa 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

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elections shall be paid the same per diem as is fixed by law in holding general State elections. Cost of election. Section 7. Be it further enacted by the authority aforesaid, the said commissioner, before entering on the discharge of his duties as such, shall give bond, with good security (said security to be a good and solvent surety company authorized to do business in Georgia), approved by the ordinary of said county, in the sum of twenty-five thousand dollars, payable to ordinary of said county and his successors in office, and conditioned for faithful discharge by said commissioner of his duties and the carrying out the conditions thereof, which said bond may be sued upon in the name of said ordinary, either on his own motion or by direction of the grand jury of said county; and the said commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance or misfeasance in office, as well as for neglect or nonfeasance. Said Commissioner is authorized to pay the annual premium due on such bond out of the public funds of said county. Bond. Section 8. Be it further enacted by the authority aforesaid, that said commissioner shall, before entering upon the duties of his office, make and subscribe to an oath, before the ordinary of said county, to faithfully discharge his duties and to carry out the provisions of this Act, to the best of his skill and knowledge and to the best interest of the entire County of Catoosa. Oath. Section 9. Be it further enacted by the authority aforesaid, that the compensation of said Commissioner shall be $3,000.00 per annum, to be paid at the rate of two hundred and fifty dollars per month at the end of each calendar month. However, the grand juries which may see fit to so do can in their wisdom increase the salary of said commissioner as high as $3,600.00 per annum, provided two successive grand juries may concur in said increase of

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said commissioner's salary; otherwise it shall remain as provided for in this Act, viz., $3,000.00 per annum, the compensation herein provided is intended to include all the personal expenses of said commissioner in performing the duties of his said office. Compensation. Section 10. Be it further enacted by the authority aforesaid, that in case of a vacancy in the office of Commissioner, by reason of death, resignation, or otherwise, the ordinary of said county shall serve as commissioner until his successor is elected and qualified; and such vacancy shall be filled at special election called by the clerk of the Superior court of said county, and held within thirty days after the death or resignation or other cause resulting in such vacancy. All rules and regulations governing such special election for such vacancy as caused in this section shall be as those employed by law in other vacancies of county offices of said Catoosa County. Vacancy. Section 11. Be it further enacted by the authority aforesaid, that said commissioner shall have and he is hereby vested with exclusive jurisdiction and control over the following matters, viz; in directing, controlling, and caring for all property of the county, according to law; in levying taxes for county purposes, according to law; in establishing, altering, or abolishing public roads, bridges, ferries, in conformity to law; in establishing, abolishing, or changing election precincts and militia districts, according to law; in supervising the tax officer's books and allowing the insolvent list of said county, according to law; in examining, settling, and allowing all claims against the county, according to law; in examining and auditing all claims and accounts of officers having the care, management, keeping, collecting, or disbursement of money belonging to the county or appropriated for its use and benefit and bringing them to a settlement and especially is he charged with frequently examining and auditing the books of the county

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

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no matter whether the time for which he was appointed has expired or not. Jurisdiction and powers. Section 12. Be it further enacted by the authority aforesaid, that said commissioner shall have authority to employ a competent attorney at law to advise him and represent the county in any litigation which may arise in which said county is a party. Said Commissioner shall pay said County Attorney not exceeding two hundred dollars per annum for his services in advising said Commissioner. Whenever it is deemed necessary, said commissioner may employ additional counsel to assist the county attorney. Legal counsel Section 13. Be it further enacted by the authority aforesaid, that said Commissioner shall have entire control and management of the convicts of said county sentenced to work upon the roads or works of said county, and all convicts of this State assigned to the County of Catoosa by the proper authorities of the State, and shall so employ them according to law and under such plans or working, building, repairing and maintaining the public roads, bridges, and works of said State as may now or hereafter be adopted or enforced by law in said county. Convicts. Section 14. Be it further enacted by authority aforesaid, that said Commissioner shall elect one regular day of each week in which he shall remain in his office at the courthouse of said county, for the transaction of public business in connection with his office, and the remainder of the working time in each month, unless necessarily required for the transaction of public business in his office, shall be devoted to the personal supervision of laying out road work, investigation of roads and bridges or other public property, the measure and delivery of supplies to the convict camp, the direction and management of said camp or camps in the most economical manner, and generally to the affairs of the county. He shall devote his entire time to the discharge

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of his duties as such commissioner, and during his incumbency in office shall not engage in any business enterprise or accept any other responsibility which will interfere with the discharge of his duties. Office days. Remainder of working time. Section 15. Be it further enacted by the authority aforesaid, that said commissioner shall keep a proper and accurate book of minutes, wherein shall appear all orders and proceedings had and passed with reference to county matters. He shall keep a full and accurate book of county vouchers, wherein shall appear in detail all orders and warrants drawn by him on the county treasurer or depository, for what purpose and on what fund. He shall also keep a book in which he shall record in itemized form all articles or things of whatever kind purchased by him for the use and consumption of and by any department of the county government, giving the name of the article, date when purchased, from whom purchased, the price paid therefor, and for which department purchased and used. He shall also keep a cash-book, in which he shall daily enter any cash item received by him, from whom received, and for what purpose received. He shall keep a record, separate from other financial affairs of the county, of all expenditures on account of the chain-gang of the county, including supplies, equipment, and expenses therefor, and pay of warden, guards, etc. He shall keep a book of inventory of all county property, including road machinery, live stock, chain-gang outfit, road-working tools, and of every other kind and class of property belonging to said county, together with a fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year; and he shall keep such other books and records as may be necessary. Said books and records shall be so kept as to show at all times the financial condition of the county, and shall be open to the inspection

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of any and all citizens of Catoosa County who may be interested in same. Minutes and records. Section 16. Be it further enacted by the authority aforesaid, that said Commissioner, at the end of each quarter, shall make up an itemized statement showing all amounts collected and expended on behalf of the county during that quarter. Said statement shall show the balance of cash on hand at the beginning of the quarter and at the end of the quarter; also such outstanding obligations as he or his predecessor in office shall have made. He shall verify said statement by an affidavit as follows: I,..... Commissioner of roads and revenue of Catoosa County, do solemnly swear that the above is a full and true statement of the monetary transactions of my office for the quarter ending..... and that I have not received any rebate, directly or indirectly, whatsoever, nor have I personally profited or known of any illegal profit to any one whomsoever through any transaction of my office; so help me God. (Signed)..... Commissioner. Sworn to and subscribed before me, this the..... day of..... 19..... Said statement shall be published in the official organ of the county, provided the commissioner can arrange for its publication at a satisfactory price, not to exceed in any event one dollar per hundred words. If the commissioner cannot obtain the publication of said account or statement at a satisfactory price by the official newspaper of the county or some other newspaper with a general circulation in the county, then he shall erect a bulletin-board in the rotunda of the court-house in view of the general public, and post such statement thereon. Quarterly statements. Verification. Publication. Section 17. Be it further enacted by the authority aforesaid, that it shall be unlawful for said commissioner to employ any person related to him within the third degree, either by blood or marriage, or to contract with such person or persons for any equipment, material, or supplies, or

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for any work to be done on the public roads, bridges, or other works of the county, except when bids are received for equipment, material, or supplies, or for work to be done on public roads, bridges, or other works of the county, upon full specifications and due advertisement in regard thereto, and a person related to the commissioner submits a bid and is the lowest bidder therefor. Posting of notice at the court-house door of said court for ten days, or publication of the same in one issue of the official newspaper of the county, shall be considered due advertisement. The Commissioner shall have the right, however, to reject any and all bids; and it shall likewise be unlawful for said commissioner to have any financial interest in the sale or purchase of any article to or from the county, or to receive any rebate, expense, account transportation, or other valuable consideration in connection with or through the purchase of any equipment or supplies for the county, or the awarding of any contract of said county; and if any commissioner shall violate any provisions of this section, he shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1065 of the Penal Code of Georgia of 1910, and shall forfeit his office, and such conviction shall create a vacancy in said office, which shall be filled as hereinbefore provided for in this Act. Employing or contracting with kin prohibited. Exception. Interest in sales or purchases, rebates, etc., prohibited. Penalty for violation. Section 18. Be it further enacted by the authority aforesaid, that no material for public roads, bridges, public buildings or properties under control of said commissioner of the county shall be purchased except upon written specifications as to quality, and all such material or supplies must be suitable for the purpose intended, of good quality, and standards generally recognized for such purpose as to be used. Metal culverts, concrete culverts, steel bridges, timber bridges, and other road and bridge material shall be purchased upon written specifications embodying such standards as now or will be recognized by the Federal Bureau

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of Roads, or the State Highway Department of Georgia. All laws of Georgia as to competitive bidding for all such material shall be strictly observed. Material for roads, bridges, etc. Section 19. Be it further enacted by the authority aforesaid, that said commissioner may receive contributions for the improvement of public roads, bridges, or public works of the county from any person who owns property adjacent thereto, or from any other person who may be interested in the improvement of same, or from the State Government, or from the United States Government; and such contributions when received shall be used for the improvement of same as designated by the contributor; and said commissioner shall keep a book of accounts, which shall correctly show all such contributions, from whom received, and a correct disbursement of same, and he shall take and file receipts for all such disbursements, and he and his sureties on his official bond shall be liable to the ordinary of said county, for any misappropriation of any such funds, on said bond. Contributions. 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. Policy to be observed. Section 21. Be it further enacted by the authority aforesaid, that said commissioner shall keep in constant touch with the office of the State Highway Department of Georgia and the office of the Director of Public Roads of the United States Department of Agriculture, and shall secure and keep in his office and familiarize himself with all bulletins and pamphlets bearing upon the subject of road building, and it shall be his duty at all times to entertain and discuss with such offices and officials, theories and methods of road-building.

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Section 22. Be it further enacted by the authority aforesaid, that it shall be the duty of said commissioner to have the main streets and thoroughfares of the incorporated cities and towns of said county, which are continuous or extensions of public roads leading into or from said cities or towns, worked and kept in repair in the same manner as the public roads of said county are now worked and maintained outside of said cities of said county. Streets and thoroughfares. Section 23. Be it further enacted by the authority aforesaid, that it shall be the duty of said commissioner to co-operate with the officials of the incorporated cities and towns within said county, in securing for said cities or towns appropriations from the State Highway Department of Georgia or the Federal Government of the United States funds or material for the improvement of such streets or thoroughfares, as may be designated by said city or town officials, said commissioner, highway engineer or official of Georgia, or engineer or director of the Federal Bureau of Public Roads of the United States. Section 24. Be it further enacted by the authority aforesaid, that the working of streets and thoroughfares in and through the several cities or towns of said county, as herein provided for, shall at all times be under the direction, supervision, and control of said commissioner, just as the public road work of the county is now performed; provided that in event of a disagreement between the said municipal authorities and the said commissioner as to any matter pertaining to the said work herein provided for, the judgment or decision of the said commissioner shall be final and prevail in the premises. Section 25. Be it further enacted by the authority aforesaid, that the grand jury sitting at the last regular term of court in each year may appoint one or more expert accountants, or expert bookkeepers to audit the books, accounts,

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and warrants of said commissioner. Said accountant or bookkeeper shall have the power to examine upon oath said commissioner relative to any account, item, warrant, or transaction in connection with commissioner's office. Said accountant or bookkeeper shall audit all books, accounts, vouchers, warrants and other records of said commissioner up to the first of April of the year following their appointment, and shall prepare an inventory of all property and material of said county on hand at that date, and make a report of their findings to the judge of superior court of said county, who shall submit the same to the grand jury at the first regular term of the superior court thereafter, which grand jury, in its discretion, may provide for the publication of said report in the official newspaper of the county or in pamphlet form. The grand jury appointing such accountant or bookkeeper shall prescribe the amount to be paid them for their services. Audits. Section 26. Be it further enacted by the authority aforesaid, that it shall be the duty of the grand jury of said county to inquire into the official acts of said commissioner; and if any grand jury of Catoosa County shall find by a majority vote thereof, that said commissioner has violated any of the terms of this Act, or that he has been wasteful or inefficient, or has wrongfully or fraudulently conducted the affairs of his office, or is otherwise not qualified to manage the affairs of the office, such grand jury so finding may recommend that the grand jury at the next regular term of said superior court declare said office of commissioner vacant; and if said second grand jury, by a majority vote thereof, concurs in the first grand jury's recommendation, then said office shall be, by the order of the judge of the superior court of said county, declared vacant, and thereupon the clerk of the superior court shall proceed to call a special election to fill such vacancy as hereinbefore prescribed. A deposed commissioner shall not have the right

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to be a candidate to succeed himself. The ordinary, upon a vacancy being declared as herein provided, shall discharge the duties of the commissioner until a commissioner can be elected and qualified. Section 27. Be it further enacted by the authority aforesaid, that it shall be the duty of the commissioner to keep all records, books and minutes that may be necessary in the office of said Commissioner, and for the keeping of the records aforesaid, the commissioner shall not be entitled to any additional compensation. If any person is employed by the commissioner to keep all records, said person shall be paid out of the salary provided for the commissioner under this Act. Section 28. Be it further enacted by the authority aforesaid, that if for any reason any section, provision, clause, or any part of this Act shall be held to be unconstitutional and invalid, then that fact shall not affect or destroy the validity or the constitutionality of any other part, section, provision, or clause of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the section, provision, or clause or part which may be held to be invalid. Invalid parts. Section 29. Be it further enacted that this Act shall not take effect and no person shall take office under the same until a majority of voters of said County ratify an Act heretofore passed, entitled, An Act to repeal an Act providing for A Board of Commissioners of Roads and Revenues for the County of Catoosa, which Act was approved August 16, 1920, and to repeal all Acts amending the aforesaid Act; and to repeal any and all other Acts providing for the establishment of a Board of Roads and Revenues of Catoosa County, or any and all Acts amendatory thereto; also to provide for a referendum; and for other purposes. Effective date. Section 30. Be it further enacted that the Ordinary of

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Catoosa County shall have this Act published in the official organ of said County once a week for two weeks, the last issue to be published not less than thirty nor more than sixty days before the election on the second Wednesday in November, 1943, at which election the voters of said County are to pass on the Act referred to in the preceding paragraph. It shall be unlawful for the Ordinary to pay more than $40.00 for the publication of this Act. Publication of this Act. Section 31. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1943. CHATHAM SPECIAL WOMAN BAILIFF'S SALARY INCREASED. No. 291. An Act to alter, amend, and revise the several laws creating and establishing the Commissioners of Chatham County and Ex-Officio Judges, to provide for a change in salary of Special Woman Bailiff of the Superior Court, and for 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 Acts of 1925, page 596, approved July 27, 1925, as amended by Act of the General Assembly of Georgia, approved March 3, 1939, (Acts of 1939, pp. 535-6), be and the same is, amended by striking out the words at a salary not to exceed One Hundred and Twenty-five ($125.00) Dollars a month and inserting in lieu thereof the words at a salary not to exceed One Hundred Thirty-seven Dollars and Fifty Cents ($137.50) a

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month, so that Section 1 of said Act as amended shall read as follows: Act of 1925 and Act of 1939 amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Commissioners of Chatham County and Ex-Officio Judges, from and after the passage of this Act, shall have the authority to appoint and employ a woman as a special bailiff for the Superior Court of Chatham County, Georgia, at a salary not to exceed One Hundred Thirty-seven Dollars and Fifty Cents ($137.50) a month, to be paid out of the County Treasury of Chatham County upon the order of said Commissioners of Chatham County and Ex-Officio Judges. Said special Bailiff shall discharge such duties as may be defined by the Commissioners of Chatham County and Ex-Officio Judges and the Sheriff of Chatham County, or as may be designated by law for other Bailiffs and Deputy Sheriffs. Such special Bailiff shall hold office at the pleasure of said Commissioners of Chatham County and Ex-Officio Judges. Salary increase. Approved March 11, 1943. CHATTAHOOCHEE COMMISSIONERSAMENDMENTS. No. 152. An Act to amend an Act approved March 16, 1937 as amended by an Act approved December 22, 1937 entitled An Act to repeal an Act approved August 5, 1913, and all Acts amendatory thereof, creating a Board of Commissioners of Roads and Revenues in and for the County of Chattahoochee and creating in lieu thereof a New Board of Commissioners of Roads and Revenues for said county, providing for the election thereof, defining

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their jurisdiction, prescribing their qualifications, duties, powers and compensation; and providing for the employment of a clerk for said Board; and for other purposes by striking from Section 2 of said Act as amended, and from the fourth line thereof, the word and figure five (5) and adding in lieu thereof the word and figure three (3), and by striking from Section 3 of said Act as amended all of the words beginning in the tenth line with the word and and ending with the word Sandy in the eleventh line, and beginning with the word district in the twelfth line and ending with the word Commissioners in the fifteenth line, and by striking from line three the word and figure three (3) and inserting in lieu thereof the word and figure two (2); and to provide how said Section 2 as amended shall read, and to further provide how said Section 3 as so amended shall read; to name the three county commissioners holding office under said Act as herein amended; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That an Act approved March 16, 1937 as amended by an Act approved December 22, 1937, entitled An Act to repeal an Act approved August 5, 1913, and all Acts amendatory thereof, creating a Board of County Commissioners of Roads and Revenues in and for the County of Chattahoochee, providing for the appointment, qualifications, duties and creating in lieu thereof a new Board of Commissioners of Roads and Revenues for said County; providing for the election thereof, defining their jurisdiction, prescribing their qualifications, duties, power and compensation; and providing for the employment of a clerk of said Board; and for other purposes, be, and the same is, hereby amended by striking from line four of said Section 2 the word and figure five (5) and inserting in lieu thereof

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the word and figure three (3) so that said section when so amended shall read as follows: Act of 1937 amended. Section 2. Be it further enacted by the authority aforesaid, there is hereby created a Board of Commissioners of Roads and Revenues for the County of Chattahoochee to consist of three (3) members. Said Commissioners shall be qualified voters of said county, and shall be bona fide residents of the Commissioners District from which they are elected, as hereinafter provided. Board of three. Section 2. Be it further enacted by the authority aforesaid that Section 3 of said Act approved March 16, 1937 as amended by the Act approved December 22, 1937 repealing an Act approved August 5, 1913 and creating a New Board of Commissioners of Roads and Revenues for said County, and for other purposes as therein defined, be, and the said Section 3 of said Act as heretofore amended by striking from lines nine and ten the following words and the 1153rd Militia District known as Big Sandy, and by striking the following words beginning with the word district in line twelve and ending with the word Commissioners in line fifteen, as follows: .. district number three shall be composed of the 787th Militia District known as Halloca District and the 1107 Militia District known as Pine Knot District, and shall be entitled to two Commissioners, and by striking from line three of said Section the word and figure three (3) and inserting in lieu thereof the word and figure two (2), so that said Section 3 when so amended by striking said words therefrom shall read as follows: Sec. 3 amended. Section 3. For the purpose of this Act and in the election of County Commissioners hereunder of Chattahoochee County the county is hereby divided into two Commissioners District and each district shall be entitled to Commissioners as follows: Commissioners District number one shall be composed of 1104th Militia District,

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known as Cusseta District, and shall be entitled to two Commissioners. Commissioners District number two shall be composed of the 678th Militia District, known as Gobblers Hill District, and shall be entitled to one Commissioner. Sec. 3 as amended. Section 3. Be it further enacted by the authority aforesaid, that the said Board of Commissioners of Roads and Revenues for Chattahoochee County shall be composed of K. G. Harp and Mrs. Emilie Hollis as Commissioners from District Number one, known as Cusseta District, and Hardy Bagley as the Commissioner from Gobblers Hill District. Said Commissioner shall continue to hold office for the term for which they have been elected under the Act of 1937 as amended by the Act approved December 22, 1937. Board members. Term of office. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 22, 1943. CHATTOOGA COMMISSIONERS' COMPENSATION. No. 148. An Act to amend an Act approved March 18, 1933 (Georgia Laws 1933, pages 439-445) entitled An Act to abolish the Board of Commissioners of Roads and Revenue of Chattooga County, Georgia; to create a new Board of Commissioners of Roads and Revenues of said county; to provide for the qualification and election of the members of said Board; to define their powers and duties; to prohibit nepotism and the trading of said members of said Board between themselves and those related to them; to provide penalties for a violation of

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said law, and for other purposes as amended by an Act approved March 28, 1935 (Georgia Laws 1935, pages 606-607) and further amended by an Act approved March 4, 1937, (Georgia Laws 1937, pages 1289-1292) by amending said Act and all amendatory Acts thereof by adding a new Section to be known as Section 14-A providing for the compensation of the members and number of days in each calendar year for which they are entitled to receive compensation; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved March 18, 1933, entitled An Act to abolish the Board of Commissioners of Roads and Revenue of Chattooga County, Georgia; to create a new Board of Commissioners of Roads and Revenues of said county; to provide for the qualification and election of the members of said Board; to define their powers and duties; to prohibit nepotism and the trading of said members of said Board between themselves and those related to them; to provide penalties for a violation of said law, and for other purposes and all Acts amendatory thereof, be amended by adding a new Section to be known as Section 14-A providing for the compensation of the members and the number of days in each calendar year for which they are entitled to receive said compensation; said Section 14-A to read as follows: Act of 1933 amended. Sec. 14-A added. Section 14-A. Be it further enacted by the Authority aforesaid, that the members of the Board of Commissioners of Roads and Revenues of Chattooga County, Georgia, shall be paid Five Dollars ($5.00) per diem for their services rendered, and that they can be paid for only sixty (60) days in any one calendar year. Said compensation to become effective upon approval of this Act. Sec. 14-A. Compensation.

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Section 2. That all laws and parts of laws in conflict with this be and the same are hereby repealed. Approved February 22, 1943. CLARK COUNTY HOSPITAL TRUSTEES. No. 230. An Act to amend an Act, approved August 8, 1924, (Georgia Laws, 1924, p. 301), entitled An Act to authorize Clarke County to acquire and operate a hospital in said County for the care of persons requiring medical or surgical treatment, to provide for the control and management of same, etc., by providing who may be a member of the Board of Trustees, 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 3 of the Act of the General Assembly, approved August 8, 1924, (Georgia Laws, 1924, p. 301), entitled An Act to authorize Clarke County to acquire and operate a hospital in said county for the care of persons requiring medical or surgical treatment, to provide for the control and management of same, etc., be amended by adding thereto the following: Act of 1924 Sec. 3 amended. The provision herein made for the delegation by the Board of Commissioners of the control, management, and supervision of said hospital to a Board of Trustees, shall be construed as authorizing said Board of Commissioners to name one of its members as Trustee, who shall draw the same compensation as the other Trustees. Said Section when so amended shall read as follows: Sec. 3. Be it further enacted, That the management, control and supervision of said hospital shall be vested

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in the Board of Commissioners of Roads and Revenues of said county, which Board shall be authorized to promulgate and enforce all necessary rules and regulations for governing of said hospital; provided, however, said Board of Commissioners may delegate the control, management, and supervision of said hospital to a Board of Trustees, consisting of such number as said Board of Commissioners may determine, and elect by said Board for such term as said commissioners may fix; provided further that said Board of Commissioners may also delegate to said Board of Trustees full authority to prescribe and enforce necessary rules and regulations for the government of said institution. The provision herein made for the delegation by the Board of Commissioners of the control, management, and supervision of said hospital to a Board of Trustees, shall be construed as authorizing said Board of Commissioners to name one of its members as Trustee, who shall draw the same compensation as the other Trustees. Sec. 3 as amended. Section 2. That all laws and parts of laws in conflict herewith be and the same are, hereby repealed. Approved March 3, 1943. CLAYTON COMMISSIONERSACT 1941 AMENDED. No. 129. An Act to amend an Act known as Clayton Commissioners-Amendments, Act. No. 119 Georgia Laws 1941, pages 818-819-820-821-822 and 823, approved February 26, 1941; to repeal the abolition of Panhandle Militia District; and the consolidation of same with Lovejoy Militia District; to repeal the provision of said amendment for the election of county commissioners by road districts

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only and not by county vote; to provide that the Ordinary and Clerk of the Superior Court of said Clayton County shall be empowered to purchase office supplies for their offices; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that Section 1 of the Act known as Clayton Commissioners-Amendments, Act. No. 119 Georgia Laws 1941, pages 818-823, approved February 26, 1941, amending 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 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: Jonesboro Militia District shall comprise and constitute road district No. 1; Forest Park Militia District shall comprise and constitute road district No. 2; Riverdale and Oak militia districts shall comprise and constitute road district No. 3; Adamson and Ellenwood militia districts shall comprise and constitute road district No. 4 and Lovejoy and Panhandle militia Districts shall comprise and constitute road district No. 5. Act of 1941 amended Act of 1910 Sec. 2 stricken. New Sec. 2. Districts defined. Section 2. Be it further enacted by the authority aforesaid that Section 2 of the Act known as Clayton Commissioners-Amendments, Act No. 119 Georgia Laws 1941, pages 818-823, approved February 26, 1941, amending Section 3 of Act of General Assembly of Georgia 1910, page 257, said act approved July 1, 1910, be and the same is hereby stricken and repealed and a new Section 3 is hereby enacted to read as follows: Section 3. Be it further enacted by the authority aforesaid, That at any time a new militia District shall be created in said county, the authority creating said new militia district shall attach said new militia district to one or more of said road districts named

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in this Act. Panhandle and Lovejoy militia districts are hereby unconsolidated and the consolidation of said militia districts is hereby repealed. Act of 1941 Sec. 2 stricken. New Sec. 3. Panhandle and Lovejoy districts restored. Section 3. Be it further enacted by the authority aforesaid that Section 2 of the Act known as Clayton Commissioners-Amendments, Act. No. 119 Georgia Laws 1941, pages 818-823, approved February 26, 1941, amending Section 6 of Act of General Assembly 1910, page 258, said Act approved July 1, 1910 be stricken and repealed and a new Section be enacted to read as follows: Section 6. Be it further enacted by the authority 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 the entire county, and not by the qualified voters of one road district. Act of 1941, Sec. 2, stricken. New Sec. 6. Section 4. Be it further enacted by the authority aforesaid that Section 7 of the Act known as Clayton Commissioners-Amendments, Act No. 119 Georgia Laws 1941, pages 818-823, approved February 26, 1941, amending Act of General Assembly 1910, pages 261 and approved July 1, 1910, be amended by adding to Section 13A the following Provided, however, that the Ordinary and the Clerk of the Superior Court of said County of Clayton are authorized and empowered to purchase record books and office supplies for their respective offices and their purchases when so made shall be paid by said Commissioners of Roads and Revenues. Act of 1941 amended. Sec. 13A Proviso added. 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 22, 1943.

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CLAYTON COMMISSIONERSACT 1910 REPEALED. No. 120. An Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for Clayton County; 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. Act No. 291 Georgia Laws 1910, pages 256-257-258-259-260-261- and 262, approved July 1st 1910; and all acts amendatory 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 An Act to create a Board of Commissioners of Roads and Revenues for Clayton County; 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. Act No. 291 Georgia Laws 1910, pages 256-257-258-259-260-261- and 262, approved July 1st 1910, and all acts amendatory thereto, be and the same are hereby repealed. Act of 1910 and amendatory Acts repealed. Section 2. This Act shall become effective on the first Monday in January 1945. 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 22, 1943.

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CLAYTON COMMISSIONER CREATED. No. 130. An Act to create a Commissioner of Roads and Revenues for Clayton County, Georgia; to provide for his election and qualifications and fix his term of office; to fix his compensation and provide his expense account and to fix his bond, and to prescribe his powers and duties; to provide for a clerk for said commissioner and to fix his duties and his bond and his compensation; to provide for the recall of the commissioner; to prevent the commissioner or clerk from speculating in or purchasing county warrants; to prevent the commissioner from making purchases for the county from any business concern in which he or his clerk is interested; to provide for the publication of his acts and the auditing of his books; to provide for election of his successor in case of vacancy; 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. Section 1. That there shall be created and is hereby created a Commissioner of Roads and Revenues for Clayton County, Georgia, to be known as Commissioner of Roads and Revenues for said county, whose term of office shall be for four years; and said Commissioner of Roads and Revenues shall be elected by the qualified voters of said county at the general State election in November 1944 and a Commissioner of Roads and Revenues of said Clayton County shall be elected at such general elections every four years thereafter and each such Commissioner of Roads and Revenues shall go into office on the first Monday in January after his election. No political party shall ever nominate a candidate for said office by a plurality vote but shall require the successful candidate for nomination by said

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political party to obtain a majority of the vote in a second primary election in which said election the two candidates receiving the highest number of votes in the first election shall be the only candidates. Commissioner of Roads and Revenues. Terms. Elected. Nominees. Section 2. Be it further enacted by the authority aforesaid that any person to be eligible to hold said office of Commissioner of Roads and Revenues must be at least thirty years of age, must have been a bona fide resident and citizen and tax payer in said county ten years or more prior to his election, shall be a freeholder in said county by owning land by fee simple title thereto, said land to be in said county. The said Commissioner shall be ineligible to hold any other office of the county or of the State of Georgia or of the United States during his term of office as such. He shall devote his entire time to the duties of said office. Eligibility. Section 3. Be it further enacted by the authority aforesaid, that in the event of a vacancy in the office of Commissioner of Roads and Revenues of Clayton County, by reason of death, resignation or otherwise, the Ordinary of said county shall serve as such Commissioner until his successor is elected and qualified; and such vacancy shall be filled at a special election called by the ordinary of said county, or in his absence, by the Clerk of the Superior Court of Clayton County, which said special election shall be held within thirty days after the death, resignation, or other cause resulting in such vacancy. Vacancy. Special election. Section 4. Be it further enacted by the authority aforesaid, that the Commissioner shall have his office in the courthouse in Jonesboro, in said county and shall keep said office open for business of the county on the first Tuesday in each month and shall select one regular day of each week in which he shall remain in his office for the transaction of public business in connection with his office and he shall call special meetings in his office at his discretion, and if he

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should move his office from said court house to any other place then his term of office shall terminate at once and the Ordinary of the county shall call an election to determine his successor, said election to be held within thirty days from the removal of said office from said courthouse. Office at courthouse. Section 5. 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 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 Clayton, he shall before entering upon the duties of said office give bond with good security to be approved by the ordinary of the county, in the sum of five thousand dollars, payable to the ordinary of the county and his successors in office and conditioned for the faithful discharge by said commissioner of his duties and the carrying out of the conditions thereof, which said bond may be sued upon in the name of the ordinary, either on his own motion or by the direction of the grand jury of the county. Said commissioner is authorized to pay the annual premiums due on said bond if signed by surety company out of the public funds of the county. Oath. Bond. Section 6. Be it further enacted by the authority aforesaid, that the salary of said commissioner shall be Twenty Four Hundred ($2400.00) dollars per annum, to be paid monthly. The county shall furnish said commissioner with gasoline and oil for his automobile when used for county purposes and he shall be allowed five cents per mile for use of his automobile when used for county purposes only, which said allowance shall not exceed three hundred ($300.00) dollars per year. Salary. Allowance. Section 7. Be it further enacted by the authority aforesaid that said commissioner shall have exclusive jurisdiction

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and control of the following matter, to-wit: in directing and controlling all of the property of the county; in levying taxes in accordance with the laws of this State; in establishing, changing or abolishing roads, bridges and ferries according to law; in supervising the Tax Commissioners books and in allowing the insolvent list of the County of Clayton; in settling all claims, charges and demands against the county of Clayton; in examining and auditing all claims and accounts of officers against the county of Clayton; in examining and auditing all claims and accounts of officers having the care, keeping and collecting or disbursing any money belonging to Clayton County or appropriated for its use or benefit and in bringing all such officers to settlement; in electing or appointing all minor officers of said county, where an election is not otherwise provided by law or the provisions of this act; to have and exercise control and management over the convicts of said county, according to the laws of this State and to exercise such other powers as are granted by law or are indispensable to the carrying out the provisions of this Act. Jurisdiction. Section 8. Be it further enacted by the authority aforesaid, that the ordinary of said county is hereby empowered and directed to call an election to remove said commissioner from his office at any time within thirty days after a petition signed by one third of the qualified, registered voters of said county has been filed with said ordinary, in which said petition the recall of the said commissioner is demanded. At such election so called by the ordinary the said commissioner shall be entitled to be a candidate, if otherwise qualified, and if he is successful in said election shall be entitled to serve the remainder of his term. If he is defeated in said election he shall be immediately removed from office and shall turn said office over to his successor. In said election no candidate shall be declared elected unless he shall have obtained a majority of all the votes cast in

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said election and in case no candidate shall receive a majority of the votes cast in said election the ordinary shall call another election in which the two candidates receiving the highest vote in the first election shall be the only candidates. Removal from office. Recall election. Majority vote required. Section 9. Be it further enacted by the authority aforesaid that said Commissioner is empowered and required to employ and engage the services of a Clerk who shall hold office of Clerk at the will of said commissioner and shall draw a salary to be fixed by said commissioner not to exceed $1200.00 per year, payable monthly. Said clerk shall before entering upon the duties of said office furnish a bond payable to said Commissioner or his successors in office in the sum of $5000.00, conditioned upon the faithful performance of his duties as such clerk. Said clerk shall be at least 21 years of age and not related to said commissioner by blood or marriage. It shall be the duty of said clerk, to attend all meetings of said Commissioner on the first Tuesdays in each month and at such times as the commissioner may require and to keep a minute of the proceedings in a book kept for that purpose. He shall draw all warrants against county funds which said warrants shall be signed by him and the said commissioner. All warrants drawn against the county funds shall specify the funds against which they are drawn, and the clerk of said commissioner shall keep a book which may be the stub of such warrant, which shall show the amount of the warrant drawn, to whom payable and on which fund drawn and for what consideration. Said clerk shall devote his entire time to the duties of said office and shall keep reasonable office hours in the office of said Commissioner of Roads and Revenues at the court house of said county. If said Clerk shall furnish a bond signed by a surety company the premiums on said bond shall be paid from the public funds of said county. Clerk. Salary. Bond. Duties. Warrants. Office hours. Section 10. Be it further enacted by the authority aforesaid,

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said, that it shall be illegal for the Commissioner of Roads and Revenues of Clayton County or the clerk of said Commissioner to purchase warrants drawn on the County funds and it shall also be illegal for them or either of them to speculate in such warrants. It shall be unlawful for said commissioner to employ any person related to him by blood or marriage, except county attorney and county physician, within the third degree or to contract with such person for any material, equipment or supplies, except the same be upon competitive bids and the person so related submits the lowest bid therefor. All purchases of supplies and other materials of an amount in excess of $300.00 shall be by competitive bids with advertisement of said purchases to be published in the county newspaper two weeks before the date of purchase. It shall be a misdemeanor and punishable as such for said commissioner to have any financial interest in the transaction of any business in connection with the purchase or sale of any goods or supplies for the county of Clayton and upon conviction such Commissioner shall be removed from office. Purchasing warrants illegal. Nepotism forbidden. Competitive bids. Violation misdemeanor. Section 11. Said Commissioner of Roads and Revenues shall employ a competent certified public accountant to make an audit of the county financial affairs within sixty days after the first day of January of each year and copies of this audit shall be filed with the ordinary and the Clerk of the Superior Court for inspection of the public. Said Commissioner shall as soon as practicable after the first Tuesday in each month publish in the county newspaper a statement of all expenditures for the month preceding provided such newspaper will publish such statement for not exceeding $5.00 per month. The office of said commissioner and the records kept therein shall be open to inspection by the tax payers of said county at reasonable office hours. Said Commissioner shall be the exclusive purchasing agent of said county, except that the ordinary and the Clerk of the Superior

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Court of said county may make purchases of office supplies for their respective offices in amounts not exceeding $100.00. Audits. Expenditures published. Inspection of records. Section 12. Said Commissioner of Roads and Revenues shall have authority to employ a county physician and a county attorney if necessary, in such manner and for such compensation as will best serve the provisions and the best interest of the county. County physician. Section 13. Should any of the sections of this Act be held to be unconstitutional or invalid for any reason, only such section, or sections, shall be affected and the remainder of said act shall remain in full force and effect. Invalid parts. Section 14. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1943. CLAYTON COMMISSIONERSREPEALING ACT. No. 330. An Act to repeal an Act entitled Clayton Commissioners' Pay, Georgia Laws, Extra Session, 1937-1938, Page 786-787, Act No. 328, approved February 7, 1938; to repeal an Act entitled Clayton CommissionersPowers of Ordinary, Georgia Laws, 1939, pages 540-541-542, Act No. 152, approved March 8, 1939: to repeal an Act entitled Clayton Commissioners Amendment, Georgia Laws 1941, pages 818, 819, 820, 821, 822, and 823, Act No. 119, approved February 26, 1941: to repeal conflicting laws; and for other purposes. Section 1. Be it resolved by the General Assembly of the State of Georgia and be it hereby enacted by the authority

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of the same; that an Act entitled Clayton Commissioners' Pay, Georgia Laws, Extra Session, 1937-1938, pages 786-787, Act No. 328, approved February 7, 1938, be and the same is hereby repealed. Act of 1937-1938 repealed. Section 2. Be it further enacted by the authority of the same that an Act entitled Clayton CommissionersPowers of Ordinary, Georgia Laws, 1939, pages 540-541 and 542, Act No. 152, approved March 8, 1939, be and the same is hereby repealed. Act of 1939 repealed. Section 3. Be it further enacted by the authority of the same that an Act entitled Clayton Commissioners Amendments, Georgia Laws 1941, pages 818-819-820-821-822 and 823, Act No. 119, approved February 26, 1941, be and the same is hereby repealed. Act of 1941 repealed. Section 4. Be it further enacted by the authority of the same that this Act shall become effective on the first Monday in January, 1945. Effective date. Section 5. Be it further enacted by the authority of the same that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1943. CLAYTON TAX COMMISSIONER'S BOND. No. 83. An Act to repeal Section 2 of an Act of the General Assembly approved March 12, 1941 and appearing on pages 825 and 826 of the 1941 Acts of the General Assembly and known as Clayton County Tax Commissioner Clerk-Bond-Salary Act. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same:

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Section 1. That Section 2 of the Act of the General Assembly approved March 12, 1941, amending Section 4 of the Acts of the General Assembly of 1925, page 601, be repealed and a new Section to be numbered 2 be enacted in lieu thereof, said new Section 2 to read as follows: Act of 1941, Sec. 2, repealed. Section 2. Be 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 pay the salary of said Tax Commissioner of and for Clayton County, Georgia and for Clerk hire, 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 furnished by said Tax Commissioner of and for Clayton County, Georgia. New Sec. 2. Section 2. Be it further enacted that this Act shall take effect upon passage of the same by the General Assembly of Georgia. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1943. CLAYTON ZONING ACT REPEALED. No. 82. An Act to repeal an Act of the General Assembly approved February 3, 1939 and appearing on pages 542-543-544 and 545 of the 1939 Acts of the General Assembly and known as Clayton County Zoning Act. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the

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same, that the Act of the General Assembly approved February 3, 1939 appearing on pages 542-543-544- and 545 of the 1939 Acts of the General Assembly and known as Clayton County Zoning Act and being Act No. 15 of said General Assembly be and the same is hereby repealed. Act of 1939 repealed. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. Be it further enacted that this Act shall take effect upon passage of the same by the General Assembly of Georgia. Approved February 16, 1943. COBB COMMISSIONERAMENDING ACT. No. 11. To be entitled An Act to amend an Act approved August 7, 1924, Georgia Laws, 1924, page 314, et seq., known as An Act to create a commissioner of roads and revenues for Cobb County, Georgia; to provide for the election of same; to define his powers and duties; to fix his compensation, and for other purposes by fixing the salary of said commissioner; to fix the salary of the clerk of said commissioner; to give to said commissioner charge and supervision of the construction, maintenance and operation of airports, waterworks systems and other utilities and facilities in said county; to authorize said commissioner to collect fees for the use of same and to extend the same for any lawful county purpose; to authorize said commissioner to employ and discharge such employees as he may deem necessary to carry on the work of the county; to authorize said commissioner to employ a county attorney, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Act approved August 7, 1924, Georgia Laws, 1924, page 314, et seq. known as An Act to create a Commissioner of Roads and Revenues for Cobb County, Georgia; to provide for the election of the same; to define his powers and duties; to fix his compensation, and for other purposes, hereinafter referred to as said Act be, and the same is, hereby amended as follows: Act of 1924 amended. Section 2. Section 3 of said Act is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new section to be known as Section 3 and to read as follows: Sec. 3 stricken. Section 3. Be it further enacted by the authority aforesaid, that the compensation of said commissioner shall be fixed by the members of the Advisory Board at not less than $3,000.00 per annum and not more than $6,000.00 per annum, payable monthly, at the end of each month. New Sec. 3. Section 3. That Section 4 of said Act be amended by striking therefrom the figures $1,200.00 in the sixth line of said section, and inserting in lieu thereof the figures $2,100.00 so that said section as amended shall read as follows: Sec. 4 amended. Section 4. Be it further enacted by the authority aforesaid, that the said commissioner shall have a clerk to keep all books and records of his said office, his salary to be fixed by said commissioner, together with the ordinary and the Clerk of the Superior Court as hereinafter provided for. But said salary is not to exceed the sum of $2,100.00 per annum. Said salary for said Clerk is to be full for compensation for his services, free from any perquisites of any kind or character. Said clerk shall perform

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all duties required of him by said commissioner in keeping all the records and minutes of said office, and keeping the commissioner's office open and all records open to public inspection by any tax-payer of said county. Sec. 4 as amended. Section 4. That Section 8 of said Act be amended by inserting after the third paragraph thereof and before the fourth paragraph thereof a new paragraph to read as follows: Sec. 8 amended. The said commissioner is hereby authorized and empowered to build, operate and maintain airports, waterworks systems and other facilities for use of the citizens of said County and the public generally, as authorized by law, and he shall fix the fees to be charged for the use of the services provided by such airports, waterworks systems and other facilities, to collect said fees, pay them in to the general fund of said County, and expend the same for any lawful County purposes, by and with the consent of the Advisory Board or a majority thereof. He shall appoint and have supervision over such employees as he may deem necessary to carry on the work of the County and shall have power to discharge said employees: Extension of powers and authority. so that said section as amended shall read as follows: Section 8. Be it further enacted, that said commissioner shall have and he is hereby vested with exclusive jurisdiction and control over the following matters, towit: In directing and controlling all the property of the county as he may deem best and expedient according to law. In levying taxes for general and special purposes as provided by law, except as hereinafter provided. In establishing, altering or abolishing all public roads, public bridges, and ferries in conformity to law. He shall have charge and supervision of the chaingang of said

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county, of the construction and maintenance of all public roads and bridges of said county, and of all other public work of the county. He, the said commissioner, is hereby authorized and empowered to open and maintain the public roads and bridges and to do any and all public work of the county with either convict or hired labor, or with both, as in accordance with law and as appears to serve the best interests of the county. Sec. 8. Jurisdiction and control. Taxes. Roads. Chaingang. Bridges. The said commissioner is hereby further authorized and empowered, in building and maintaining public roads and bridges, building and repairing the public buildings of the county and in having done any and all kinds of public work belonging to the county, to have such work done by contract in such manner and in accordance with the law provided for such contracting. Roads and bridges. He shall appoint superintendents, guards, overseers and necessary labor and help as is necessary for operating the chain-gang, in building and maintaining the public roads and bridges and any and all public work of the county, as appears to be to the best interest of the county, having supervision over all such employees with power to discharge for cause. Chain-gang. The said commissioner is hereby authorized and empowered to build, operate and maintain airports, waterworks systems and other facilities for use of the citizens of said County and the public generally, as authorized by law, and he shall fix the fees to be charged for the use of and services provided by such airports, waterworks systems and other facilities, to collect said fees, pay them in to the general fund of said County, and expend the same for any lawful County purposes, by and with the consent of the Advisory Board or a majority thereof. He shall appoint and have supervision over such employees as he may deem necessary to carry on the work

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of the County and shall have the power to discharge said employees. Airports, waterworks, other facilities. The said commissioner shall be the chief purchasing and selling agent of the county for all animals, machinery, implements, materials, and supplies of all kinds used in the construction and repairs of the buildings, roads, bridges, and for all public work of the county; and, also, for the supplies for the use of the convicts. All such contracts, purchases and sales as heretofore mentioned, involving financial transactions, shall be made subject to the conditions hereinafter provided. Purchasing and selling agent. He shall fix the amount of commutation tax or number of days' work to be performed on the public roads in lieu of said commutation tax. In case work is done in lieu of commutation tax, such work is to be done on the public roads in the militia district in which the party subject to such tax or work lives. All monies paid in as commutation tax shall be spent on the public roads in the district from whence they came. Commutation tax and road work. The said commissioner shall keep, or have kept, in his office a book containing a correct list of the names of all persons subject to commutation tax or road duty in each and every militia district designating whether white or colored; said list to be reissued each year. He shall collect or have collected all commutation tax, shall fix the time when such tax shall be paid or the work performed. He shall try all road defaulters in accordance with the law so provided. He shall make such rules and regulations as is necessary and in accordance with law for the support of the poor, for county police and patrol when necessary, for the protection of health and quarantine when necessary, as are granted or not inconsistent with law. He shall appoint all minor officers, aids, help and assistants for the necessary and lawful purposes of the county, where election is not otherwise provided by

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law. He shall examine and audit the accounts and books of all officers having the care, management, keeping or disbursement of funds or money belonging to the county. He shall examine and audit the accounts, obligations, and receipts of those who have charge of claims of any kind or nature in favor of the county. In case it becomes necessary the said commissioner is hereby authorized and directed to take such legal steps as is necessary to bring any defaulting official or person to account for failure of duty in such capacities or positions as are above mentioned. He shall try all road defaulters in accordance with the laws. He shall regulate peddling and fix the costs of license therefor. Records. Rules and regulations. Minor officers. Audits and other duties. The said commissioner shall exercise all the powers and duties heretofore vested in the ordinary of said county when sitting for county purposes, and shall exercise such other powers and duties in connection therewith as are granted by law or may be indispensable to his jurisdiction over county matters, except that in financial matters he shall be subject to the limitations hereinafter provided. Powers and duties of ordinary. Section 5. Section 10 of said Act is amended by striking from said section the last sentence thereof which reads as follows: In case that a county physician and a county attorney are employed by the year, then the said commissioner and said advisory board may fix such salary as they may deem fit, not to exceed the sum of six hundred dollars each, per annum, and inserting therein a new sentence to read as follows: In case that a county physician and/or county attorney are employed by the year, then the said commissioner and advisory board may fix such salary as they deem fit and may make such provision as they may deem fit for extra compensation and for services rendered outside the services contemplated by the salaries so fixed. Sec. 10 amended. Stricken part. New part. so that said section as amended shall read as follows:

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Section 10. Be it further enacted, That said commissioner in conjunction with said Ordinary and Clerk of Superior Court are especially charged with the duty of examining and auditing the books and accounts of the county treasurer and county depository. They shall see that separate accounts are kept of different funds levied, and that no vouchers are paid out of any other fund than the one on which the said voucher is drawn. They shall examine the books of the Tax Collector and Tax-Receiver, the Sheriff, the Superintendent or Commissioner of Public Schools of the county, and all officers and persons through whose hands county funds may pass. If necessary they shall have such records and books examined and audited at any time as they see proper, by expert accountants. In the event the books and accounts of any officer of the county or any other person who is entrusted with funds belonging to the county or through whose hands county funds may pass, or any officer whose duty it is to collect funds, claims and dues for the county shall show a misuse of the funds of the county, or shall fail or neglect his duties in collecting any funds, claims or dues that may be due or belonging to the county, the said commissioner and the said advisory board shall take such legal steps as are necessary to cause any defaulting officer of the county, or any other person through whose hands funds belonging to the county may pass, to promptly answer such charges before the Judge of the Superior Court. Sec. 10 as amended. The said commissioner and the said advisory board shall have authority to employ a county physician if necessary, and a county attorney if necessary, in such manand for such compensation as may serve the provisions of the law and the best interest of the county. In case that a county physician and/or a county attorney are employed by the year, then the said commissioner and advisory board may fix such salary as they deem fit and may make such provisions as they may deem fit for extra compensation

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and for services rendered outside the services contemplated by the salaries so fixed. Section 6. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved January 29, 1943. COBB COUNTY FARMSALE. No. 163. An Act to amend an Act entitled An Act to create a Commissioner of Roads and Revenues for Cobb County, Georgia; To provide for the election of the same; To define his powers and duties; to fix his compensation, and for other purposes, by declaring the County Farm, containing approximately 160 acres, located south of the present city limits of the City of Marietta, as unserviceable, and to provide for the sale of leasing thereof by the Commissioner with the consent and approval of the Advisory Committee. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, That the act creating a Commissioner of Roads and Revenues for Cobb County, Georgia, approved August 7, 1924, and each of the Acts amendatory thereof, is hereby amended to declare the Cobb County Farm and Convict Camp located southeast of Marietta, and being described as, All those tracts or parcels of land lying and being land lots Nos. 359, 360, 361, 362, 431 and 432, in the 17th District and 2nd Section of Cobb County, Georgia, and in land lots Nos. 1285 and 1286 of the 16th District and 2nd Section of Cobb County, Georgia, more particularly described as follows: Act of 1924 and amendatory Acts amended. Property description. Beginning at the northeast corner of Land Lot No. 432 of the 17th District and 2nd Section of Cobb County,

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Georgia, and running thence south 1794 feet along the east line of Land Lots Nos. 432 and 431; thence west 1900 feet; thence south 233 feet; thence west 740 feet crossing Fair Ground Strect; thence south on the west side of Fair Ground Street 263 feet to Butler Street; thence West along the north side of Butler Street 462 feet; thence northwest 166 feet; thence west 129 feet; thence north 41.5 feet; thence west 620 feet to the east side of Manget Street; thence north along the east side of Manget Street 1143 feet; thence east 300 feet; thence north 250 feet to Clay Street; thence east along the south side of Clay Street 1069 feet to Fair Ground Street; thence north along the east side of Fair Ground Street 790 feet; thence east 165 feet; thence north 80 feet; thence east 1062 feet; thence south 265 feet to a line dividing the 16th and 17th Districts in said County; thence cast along the district line to point of beginning. Also, a tract 0.8 acres lying and being in Land Lot 360 of the 17th District and 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at the northwest corner of South Avenue and Clay Street, and running thence north 164 feet to Grogan Street; thence west along the south side of Grogan Street 201 feet; thence south 180 feet to Clay Street; thence east along the north side of Clay Street 196 feet to point of beginning. All of the above described property being shown on a plat recorded in Plat Book 4, page 185, Cobb County Records. as being unserviceable property within the meaning of Section 91-804 of the Code of Georgia of 1933, the County having purchased other property which is now being used as a County Farm and Convict Camp, and the present property being located in a congested area adjacent to area whereon

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United States is erecting what is commonly called the Marietta Aircraft Assembly Plant. Declared unserviceable. Section 2. Be it further enacted by the authority aforesaid, That the Commissioner, with the consent of the Advisory Board, may sell said property at public or private sale, and to execute and deliver to such purchaser or purchasers the usual deed of bargain and sale as customarily made by counties upon the sale of its properties. Sale. Section 3. Be it further enacted by the authority aforesaid, That upon a sale of said property that any and all funds shall be turned over to the treasurer of said Cobb County. Proceeds. Section 4. Be it further enacted by the authority aforesaid, That the Commissioner, with the consent of the Advisory Board, may lease and rent said County Farm for a period not to exceed 10 years, the rents or rentals to be turned over to the treasurer of said Cobb County, Georgia. Lease. Rentals. Section 5. Be it further enacted by the authority aforesaid, That the Commissioner may enter into a formal lease or leases which shall be binding upon the County, irrespective of its term, provided, however, that the same shall not exceed 10 years. Term limited. Section 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1943.

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COBB PLANNING COMMISSION. No. 9. An Act to create a Board to be known as the Cobb County Planning Commission; to authorize the Cobb County Planning Commission to establish restricted zones or districts; to define the boundaries and limits of such zones or districts; to prohibit the erection of different kinds of Buildings or structures therein and the use or maintenance thereof; to provide that the erection or maintenance or use of any building within a restricted zone or district in violation of the provisions of this Act shall constitute a nuisance, and to provide for the abatement thereof; to adopt rules and regulations for the enforcement of this Act; to provide a penalty for the violation thereof; to provide for altering or changing the boundaries of or restriction upon any area or areas zoned or restricted under the terms of this Act; to ratify and approve certain zoning ordinances now in effect in Cobb County, Georgia, and to provide for altering, modifying or changing the same; to provide for the manner of enforcing the same; to provide that any structure built, maintained or used contrary to the provisions of said ordinances shall be a nuisance, and to fix the method of abating the same; to provide a penalty for the violation of said ordinances; to require permits to build, construct, erect, change, alter or modify any building or structure in Cobb County, Georgia; to declare that any structure built, constructed, changed, altered or modified without such permit shall be a nuisance, and to provide the method of abating the same and fix a penalty for the failure to secure such permit as required or to erect, construct, build, alter or modify any structure without such permit; to provide that if any portion of this Act should be declared unconstitutional the remaining portions shall remain in force and effect and shall not be

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affected thereby; to provide for the effective date of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That there shall be and there is hereby established a Board to be known as the Cobb County Planning Commission, which Board shall consist of five (5) members, to-wit: the Commissioner of Roads and Revenues of Cobb County, Georgia, the Clerk of the Superior Court of Cobb County, Georgia, the Ordinary of Cobb County, Georgia, the County Engineer of Cobb County, Georgia, and the County Health Officer of Cobb County, Georgia. The Commissioner of Roads and Revenues shall serve as Chairman of said Commission, and on all matters coming before said Commission a majority vote shall control. Said Commission shall meet upon call of the Chairman whenever there is any business to be transacted by said Commission. Board of five members. Chairman. Section 2. That said Cobb County Planning Commission shall have the right to create and establish restricted zones or districts throughout the territorial limits of Cobb County; to define the boundaries and limits of said districts; to define the character and kind of buildings or structures that may be erected in such areas or districts; to prohibit the erection of different buildings or structures therein; to prohibit the use or maintenance of any buildings in such areas or districts except for the purposes specified, and to adopt rules and regulations for the enforcement of this Act; provided, however, that said restricted areas or districts must be outside the limits of incorporated towns and municipalities in said county. Restricted zones. Section 3. Said Cobb County Planning Commission may establish such areas or districts over the entire county lying outside the limits of incorporated towns and municipalities or it may establish such areas or districts in any part of said

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county outside such towns and municipalities. It may proceed on its own motion or on the petition of any person or persons interested in having any such area or districts established. Area and districts. Section 4. Be it further enacted that before any such area or district is established or altered by said Cobb County Planning Commission, notice of the proposed action of the Commission shall be given by publication once a week for three weeks in the newspaper wherein the Sheriff's advertisements in said county are published and also by posting a notice in three or more conspicuous places within the area to be included in such zoned or restricted area. Said notices shall contain information as to the streets, roads, and territory to be included in the district, and general information as to the nature of the restrictions sought to be imposed, and shall specify the time and place of the meeting of the Cobb County Planning Commission at which such proposed action will be considered. At such meeting of the Cobb County Planning Commission, or any subsequent meeting to which the matter may be deferred, opportunity for hearing shall be afforded to any one who has an interest or right in the realty to be affected by the proposed zoning regulations. Notice published. Contents. Meeting. Section 5. Be it further enacted that in the case of buildings already erected in any proposed restricted area being used or designed for a purpose contrary to that which it is proposed to provide in such restricted area, the Cobb County Planning Commission may limit the further extension, maintenance or use of any such building beyond that existing at the time the proposed restriction is to take effect. Present buildings. Section 6. Be it further enacted that any building or structure erected, occupied, used or maintained in violation of the provisions of this Act or in violation of the orders of said Cobb County Planning Commission in pursuance of

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this Act, is hereby declared to be a nuisance, and it is hereby made the duty of the solicitor general of the circuit in which Cobb County is located to prosecute all persons violating the provisions of this Act. This remedy is cumulative of other remedies provided by law for the abatement of nuisances Said solicitor may proceed by prosecution of the guilty persons or by action to abate a nuisance or by injunction or otherwise, as he may see fit. This section shall not derogate from the right of any interested person to proceed otherwise. Violations as to use, etc., nuisance. Remedy cumulative. Section 7. Be it further enacted that any person, firm or corporation violating any of the provisions of this Act or any restrictions imposed by authority of this Act, shall be guilty of a misdemeanor and, upon conviction, shall be subject to fine or imprisonment or both, as provided by law. Violation of Act misdemeanor. Section 8. Be it further enacted that the Cobb County Planning Commission shall have the right and they are directed to make and establish rules and regulations to carry into effect this Act and to enforce same, and they are authorized and directed to make additional rules and to modify those existing from time to time as they may see fit in order better to carry out the purposes of this Act. Rules and regulations. Section 9. Be it further enacted that this Act shall not repeal any law now of force restricting the construction and defining the conditions under which cemeteries, hospitals and other similar institutions may be constructed and maintained within Cobb County, Georgia. Cemeteries, hospitals, etc. Section 10. Be it further enacted that said Cobb County Planning Commission may from time to time alter or change the boundaries of any restricted area or district authorized by this Act, or the restriction upon the whole or any part of the property included within any restricted area theretofore established by authority of said Commission, provided the same notice and opportunity to be heard is

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given as provided by Section 4 of this Act for the establishment of a restricted area or district. Alterations and changes. Section 11. Be it further enacted that all zoning ordinances zoning or districting territory of Cobb County for various uses, prohibiting or regulating the use of the property located in said zones or territories, promulgated and declared under the authority of that certain Act approved December 27, 1937, Georgia Laws Extra Session 1937-1938, page 790 et seq. amending the Act creating the office of Commissioner of Roads and Revenues of Cobb County, Georgia be and the same are hereby ratified, approved and declared to be of the same force and effect as if said ordinances had been promulgated and declared under the terms and authority of this Act; provided, however, that the Cobb County Planning Commission may alter, modify or change the boundaries of any restricted area or district authorized and declared by said ordinances or the restriction upon the whole or any part of the property included within any restricted area established under the authority of said ordinances, provided the same notice and opportunity to be heard is given as provided by Section 4 of this Act for the establishment of the restricted area or district. Any building or structure hereafter erected, occupied, used or maintained in violation of the provisions of the ordinances referred to in this section is hereby declared to be a nuisance, and it is hereby made the duty of the Solicitor General of the Blue Ridge Judicial Circuit to prosecute all persons violating the terms and provisions of said ordinances. This remedy is cumulative of other remedies provided by law for the abatement of nuisances. Said Solicitor General may proceed by prosecution of the guilty persons or by action to abate a nuisance or by injunction or otherwise as he may see fit. This section shall not derogate from the right of any interested person to proceed otherwise. Any person, firm or corporation violating any of the provisions of the ordinances referred to in this section or

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any of the restrictions imposed by said ordinances shall be guilty of a misdemeanor, and upon conviction shall be subject to fine or imprisonment or both, as provided by law. Zoning ordinances ratified. Proviso. Nuisance. Remedies. Violation a misdemeanor. Section 12. Be it further enacted that no person, firm or corporation shall build, construct, erect, change, alter or modify any building or structure within the territorial limits of Cobb County, Georgia, without first having obtained from the Cobb County Planning Commission a permit to do so, except that such permit shall not be required for any structures within the corporate limits of any municipality of said County. The Cobb County planning Commission shall investigate all applications for such permits and shall grant such permits where the proposed structure, alteration, change or modification does not conflict with the terms of this Act or of any zoning ordinances passed pursuant to the terms of this Act or any rule or regulation promulgated pursuant to the terms of this Act, and where the health, morals and general welfare of Cobb County will not be affected thereby. The Commission shall refuse to grant application for any such permit where the proposed structure, change, alteration or modification is in conflict with the terms of this Act, any ordinance passed pursuant to the terms of this Act or any rule or regulation promulgated pursuant to the terms of this Act, or where the general welfare, health and morals of Cobb County would be affected by the granting of such permit. Any person, firm or corporation which shall build, construct, erect, change, alter or modify any building or structure within the territorial limits of Cobb County, as herein defined, without having first obtained the permit herein provided for in this section, shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to fine or imprisonment or both, as provided by law, and any such structure so built, constructed, erected, changed, altered or modified contrary to the provisions of this section is hereby declared to be a

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nuisance and may be abated, enjoined or otherwise regulated, as provided in Section 6 hereof. Permit to build, etc., required. Investigation. When refused. Penalty for violations. Section 13. Be it further enacted that if any part, parts or section of this Act should for any reason be declared unconstitutional, such decision shall not affect the validity of any remaining portion of this Act, which remaining portion shall remain of force as if such Act had been passed with the unconstitutional portion thereof eliminated, and it is hereby declared the intention of the General Assembly that it would have adopted the remaining portion of this Act without including therein any such part, parts or sections which may for any reason be hereafter declared unconstitutional. Invalid parts. Section 14. This Act shall take effect upon its approval. Section 15. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. January 29, 1943. COBB TREASURER'S COMPENSATION. No. 265. An Act to authorize the Commissioner of Roads and Revenues and the Advisory Board of Cobb County to fix the compensation of the Treasurer of Cobb County at not less than one hundred ($100.00) dollars and not more than one hundred fifty dollars per month; to repeal all laws or 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 the same: Section 1. That from and after the passage of this Act, the Commissioner of Roads and Revenues and the Advisory

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Board of Cobb County shall fix the compensation to be paid to the Treasurer of Cobb County at not less than One Hundred ($100.00) and not more than One Hundred Fifty ($150.00) Dollars per month. Section 2. That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 5, 1943. CRAWFORD COMMISSIONERSAMENDMENT. REFERENDUM. No. 145. An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Crawford and defining their powers and duties to be, approved March 2, 1874 (Ga. Laws 1874, pp. 338-339) as amended by an Act of the General Assembly approved February 26, 1875 (Ga. Laws 1875, p. 250), and further amended by the General Assembly by an Act approved October 3, 1879 (Ga. Laws 1878-79, pp. 366-367) and all amendatory Acts thereto; to provide means and manners of election of Commissioners for Crawford County, Georgia; to lay out said county into commissioner districts; to provide for an election for the repeal or approval of this Act; to provide for new sections thereof; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act creating the Board of Commissioners of Roads and Revenues for the County of Crawford, defining their powers and duties, approved March 2, 1874 (Ga. Laws 1874, pages 338-339) and all amendatory Acts thereto, be, and the same are hereby amended by adding

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additional sections to be numbered as follows: Sections 2a, 3a, 4a, 5a, 6a, and 7. To provide means and manners for election for Commissioners for Crawford County; to lay out said county into commissioner districts; to provide for an election for repeal or approval thereof so that when amended, said Act shall read as follows: Act of 1874 and amending Acts amended. New sections added. Section 2a. Be it enacted that the county affairs of Crawford County, Georgia, on or after January 1, 1945, shall be administered by a Board of Commissioners of Roads and Revenue, who shall be elected according to the provisions of this Act. Sec. 2a. Board. Section 3a. The County of Crawford shall be divided into three commissioner districts, number 1 being comprised of Hammock, number 521 G. M. in Crawford County, Georgia; the Webbs District in Crawford County, number 630 G. M., and the Sandy Point District in Crawford County, number 497 G. M. District number 2 shall be comprised of the Beasley District, number 494 G. M. in Crawford County, Georgia; the Roberts District in Crawford County, Georgia, number 1584 G. M., Crawford County, Georgia, and the Knoxville District, number 573 G. M., Crawford County, Georgia. District number 3 shall comprise the Rogers or Sixth District known as District number 532 G. M., Crawford County, Georgia; the Sowell District known as the Third District, and being District number 577 G. M., Crawford County, Georgia, and the Tabors District, known as the Seventh District, being District number 529 in Crawford, County, Georgia. Sec. 3a. Districts. Section 4a. Be it further enacted by the authority aforesaid, that the Board of Commissioners of Roads and Revenue shall consist of three members, one to be elected from Commissioner District number 1 as described in Section 3a, and one to be elected from District

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number 2 as described in 3a. That the commissioners elected in the general election to be held in 1944 shall be elected in compliance with provisions of this Act. Sec. 4a. Board of three. Section 5a. Be it further enacted by the authority aforesaid, that the election for Commissioners shall be county-wide and every qualified and registered voter in said county shall vote for the commissioner to be elected for District number 2, and for the commissioner to be elected for District number 3; that the candidate in District number 1 receiving the highest number of votes in the county-wide election for commissioner shall be the commissioner for District number 1; that the candidate from District number 2 receiving the highest number of votes in the county election for commissioner, shall be the commissioner for District number 2; and that the candidate from District number 3 receiving the highest number of votes in the election for commissioner shall be the commissioner for District number 3. Be it further enacted that this Section 5a by authority aforesaid that the present commissioners now comprising the Board of Commissioners of Roads and Revenue of Crawford county shall hold their office until and including December 31, 1944. Sec. 5a. Election. Section 6a. Be it further enacted that the provisions now made for the time and place and manner for the election of said commissioners, shall remain in full force and effect. Sec. 6a. Section 7. This Act shall become effective Jan. 1, 1945, and shall continue in effect unless and until repealed in the following manner: Sec. 7. Said Act may be repealed upon the filing of a petition signed by at least 25% of the registered voters qualified to vote at the general election immediately preceding the presentation of the petition being filed with

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the Ordinary of Crawford County, Georgia, and he shall call a special election to be held within thirty days from the filing of this petition and shall publish the notice of the call of the election in the official gazette of Crawford County once a week for two weeks preceding the election. At such election there shall be submmitted to the voters of Crawford County who are qualified to vote for members of the General Assembly the question whether they oppose or approve this Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Crawford. Such election shall be held according to the rules and regulations governing elections for members of the General Assembly but shall not be held at the time of holding any other election (primary or general) in said county. The returns of the election held hereunder shall be made within two days after the election to the Ordinary who shall ascertain and immediately declare the result after the receipt of the returns. Those voting in the said election for the repeal of this Act shall have printed or written on their ballots the words `for repeal of an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Crawford.' Those voting against the repeal of said Act shall have printed or written on their ballots the words, `against repeal of an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Crawford.' If at such election a majority of the votes cast shall be in favor of repealing said Act the aforesaid Act shall not become effective as therein provided for, but the effect of such election shall amount to the repeal of said Act. Election for repeal. If at such election a majority of the votes cast shall be against repeal of said Act, then same shall remain of full force and effect as approved by the General Assembly of 1943.

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After the voters of Crawford County have ratified or rejected the provisions of this Act in the manner set forth above, no ordinary shall call, nor shall any other election be held to approve or disapprove this Act. 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 February 22, 1943. DAWSON COMMISSIONERSACT REPEALED. No. 131. An Act to repeal an Act to create a Board of Commissioners of Roads and Revenues of Dawson County, and for other purposes, Georgia Laws, 1925, pages 607-616, approved August 25, 1925, with all amendatory Acts thereto, 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 create a Board of Commissioners of Roads and Revenues of Dawson County; to define their duties and powers; to fix their compensation; and for other purposes, approved August 25, 1925, Georgia Laws 1925, pages 607-616, be and the same is hereby repealed. Act of 1925 repealed. Section 2. Be it further enacted by the authority aforesaid, that this Act shall not go into effect until the Act creating a Commissioner for Dawson County is ratified by a majority of the qualified voters of Dawson County, Georgia, as provided for in House Bill..... of the Regular Session of the General Assembly of 1943. Effective date. Section 3. 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 February 22, 1943. DAWSON COMMISSIONER CREATED. No. 49. An Act to create a Commissioner of Roads and Revenues for Dawson County, Georgia; to provide for the election of the same; to define his powers and duties; to fix his compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same; that from and after the passage of this Act, Dawson County shall have one Commissioner of Roads and Revenue whose term of office shall be for four years beginning January 1, 1945, who shall be elected at the same time and under the same rules and regulations as now control the election of the Ordinary and other county officials. Section 2. Be it further enacted by the authority aforesaid, that said commissioner, before entering upon the duties of his office, shall give bond, with good and solvent security, same to be approved by the ordinary of said county, in the sum of ten thousand dollars, payable to the ordinary of Dawson County and his successor in office, conditioned upon the faithful performance of his duties and the carrying out of the conditions thereof. The said commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance in office, or any tort or wrong committed under color of office, as well as neglect of duties. That the said commissioner shall, before entering upon the discharge of the duties of his said office, make and subscribe to an oath before the ordinary of said

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county to faithfully discharge his duties and carry out the provisions of this Act to the best of his skill and knowledge, and to the best interest of the county. Commissioner. Bond. Oath. Section 3. Be it further enacted by the authority aforesaid, that the compensation of said commissioner shall be $1200.00 per annum, payable monthly, at the end of each month. Compensation. Section 4. Be it further enacted by the authority aforesaid, that the said commissioner shall perform all duties required of him in keeping all the records and minutes of said office and in keeping the commissioner's office open, subject to public inspection by any taxpayer of said county. Records. Section 5. Be it further enacted by the authority aforesaid, that it shall be unlawful for any candidate for said office of commissioner, or for any nomination therefor, to enter into any agreement or understanding with any person or persons as to the disposal of any work, the purchase of any supplies, or any appointment which is or may be under the control of said commissioner. Any person as a candidate so offending shall be ineligible to hold said office, and upon conviction of any such act shall be punished as for a misdemeanor. Unlawful acts. Section 6. Be it further enacted by the authority aforesaid, that in case of a vacancy in the office of commissioner by reason of death, resignation, recall, or otherwise, the ordinary of said county shall serve until his successor is elected and qualified. Such vacancy shall be filled at a special election called by the clerk of the superior court of said county, which election shall be held within thirty days from the vacancy. All rules and regulations governing regular county elections shall govern all regular and special elections held under this Act. Vacancy. Section 7. Be it further enacted, that any person to be

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eligible to hold the office of Commissioner of Roads and Revenues of said County of Dawson under the provisions of this Act must be at least 21 years old, shall have been a bona fide resident and citizen of said county for two years or more prior to his election, shall be a freeholder, shall be of good moral character, and shall be experienced in matters of finance. The said commissioner shall be ineligible to hold any other office of the county during his term of office as such. Eligibility. Section 8. Be it further enacted, that said commissioner shall have and he is hereby vested with exclusive jurisdiction and control over the following matters, to wit: In directing and controlling all the property of the county as he may deem best and expedient according to law. In levying taxes for general and special purposes as provided by law, except as hereinafter provided. In establishing, altering or abolishing all public roads, public bridges, and ferries in conformity to law. He shall have charge and supervision of the chain-gang of said county, of the construction and maintenance of all other public work of the county. He, the said commissioner, is hereby authorized and empowered to open and maintain the public roads and bridges and to do any and all public work of the county with either convict labor or hired labor, or with both, as in accordance with law and as appears to serve the best interest of the county. Jurisdiction. Power and authority. (a) The said commissioner is hereby further authorized and empowered, in building and maintaining public roads and bridges, building and repairing the public buildings of the county and in having done any and all kinds of public work belonging to the county, to have such work done by contract in such manner and in accordance with the law provided for such contracting. Additional power. (b) He shall appoint superintendents, guards, overseers

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and necessary labor and help as is necessary for operating the chain-gang, in building and maintaining the public roads and bridges and any and all public work of the county, as appears to be to the best interest of the county, having supervision over all such employees with power to discharge for cause. Chain-gang. (c) The said commissioner shall be the chief purchasing and selling agent of the county for all animals, machinery, implements, materials, and supplies of all kinds used in the construction and repairs of the buildings, roads, bridges, and for all public work of the county; and, also, for the supplies for the use of the convicts. All such contracts, purchases and sales as heretofore mentioned, involving financial transactions, shall be made subject to the conditions hereinafter provided. Purchasing and selling agent. (d) He shall fix the amount of commutation tax or numbers of days' work to be performed on the public roads in lieu of said commutation tax. In case work is done in lieu of commutation tax, such work is to be done on the public roads in the militia district in which the party subject to such tax or work lives. All monies paid in as commutation tax shall be spent on the public roads in the district from whence they came. Commutation tax. (e) The said commissioner shall keep, or have kept, in his office a book containing a correct list of the names of all persons subject to commutation tax or road duty in each and every militia district designating whether white or colored; said list to be reissued each year. He shall collect or have collected all commutation tax, shall fix the time when such tax shall be paid or the work performed. He shall try all road defaulters in accordance with the law so provided. He shall make such rules and regulations as is necessary and in accordance with law for the support of the poor, for county police and patrol when necessary, for

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the protection of health and quarantine when necessary, as are granted or not inconsistent with law. He shall appoint all minor officers, aids, help and assistants for the necessary and lawful purposes of the county, where election is not otherwise provided by law. He shall examine, allow and settle all just claims against the county. He shall examine and audit the accounts and books of all officers having the care, management, keeping or disbursement of funds or money belonging to the county. He shall examine and audit the accounts, obligations, and receipts of those who have charge of claims of any kind or nature in favor of the county. In case it becomes necessary the said commissioner is hereby authorized and directed to take such legal steps as is necessary to bring any defaulting official or person to account for failure of duty in such capacities or positions as are above mentioned. He shall try all road defaulters in accordance with the laws. He shall regulate peddling and fix the costs of license therefor. Records. Audits. (f) The said commissioner shall exercise all the power and duties heretofore vested in the ordinary of said county when sitting for county purposes, and shall exercise such other powers and duties in connection therewith as are granted by law or may be indispensable to his jurisdiction over county matters, except that in financial matters he shall be subject to the limitations hereinafter provided. Power and duties of ordinary. Section 9. Be it further enacted, that the ordinary and the clerk of the superior court of said county are hereby made an advisory board, to serve and act in conjunction with the said commissioner in the following matters, to wit: In handling all financial affairs of the county, in fixing the tax rate of the county, in allowing the insolvent tax list of the county, in settling all claims of officers and others having the care, management or disbursement of county funds, in providing for the poor of the county, in the examination

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

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

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

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(b) It shall be unlawful for said commissioner, the ordinary or the clerk, or either of them to have any financial interest in the sale or purchase of any article to or from the county, or to receive any rebate, expense account, transportation or other valuable consideration in connection with or through the purchase of any equipment, material or supplies for the county, or the awarding of any contract; and if either of the said parties shall violate any of the provisions of this section, he shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in Georgia Code 1933, Section 27-2506, and shall forfeit his office, and such conviction shall create a vacancy in the office. Financial interest in sales and purchases forbidden. Penalty. Section 13. Be it further enacted, that no material for public bridges, roads or buildings shall be purchased for the county, except upon written specification as to quality, and all such material must be suitable for the purpose intended, of good quality and generally recognized as standard for the purpose to be used. Metal culverts shall be bought according to the size and gauge, and such as are recognized by the State Highway Department and the United States Road Building authorities as standard for road purposes. All laws of Georgia as to competitive bidding for such materials shall be strictly observed. Purchases of road material, etc. Section 14. Be it further enacted, that the said commissioner shall keep in constant touch with the office of the Highway Department and the office of the Director of Public Roads of the United States Department of Agriculture, and shall secure and keep in his office all free bulletins and pamphlets bearing on the subject of road building and maintenance, and familiarize himself with all such literature. Section 15. Be it further enacted, that if the commissioner shall fail to perform faithfully the duties of his office under this Act, whether from wilful neglect, from

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misconduct, malfeasance or malpractice in office, or from any mental or physical disability, or from any other cause that unfits him for the duties of his office, he may be recalled in the following manner: Upon the presentation to the ordinary of said county of a written petition signed by one-third of the qualified voters of said county, as shown by the last registration list duly certified by registrars of said county, said petition setting forth the reason and grievances of said petitioner and asking for the recall of said commissioner, the ordinary shall order an election to determine the recall not earlier than 20 days and not later than 60 days from the date of the presentation of such petition; such election to be governed in all respects by the laws, rules and regulations governing the election of county officers. If in the election a majority of the votes cast are in favor of the recall, then the said commissioner's office shall be declared vacant, and an election shall be called to fill said vacancy within thirty days thereafter, but if a majority of the votes cast are against recall, then said commissioner shall remain in office. Misconduct, malfeasance or malpractice. (a) In the event of a vacancy pending an election while the ordinary is performing the duties of said commissioner as hereinbefore provided, the Judge of the Superior Court shall name a freeholder to act in lieu of and perform the duties now provided for said ordinary in conjunction with the Clerk of the Superior Court relative to the financial affairs of said county. Vacancy. Section 16. Be it further enacted, that the Commissioner of Roads and Revenues shall hold a regular court on the first Tuesday in each month for the transaction of public business pertaining to county matters, the same to be held in the present room or office now occupied by the Board of County Commissioners of Dawson County, at the courthouse in Dawsonville, Georgia; provided, that the commissioner, together with the said ordinary and clerk, may hold

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meetings at any time they deem proper for the transaction of county matters. The said commissioner is hereby authorized to administer oaths and hear testimony as to all matters over which he has jurisdiction. When sitting as a court, the said commissioner shall have power to punish for contempt under the same rules and regulations as provided for other courts. Commissioners' court. Section 17. Be it further enacted, that before this Act shall go into effect and become a law, it shall be submitted to the qualified voters of the County of Dawson, at the general election held on the first Wednesday in June, 1943. If a majority of the votes cast thereat shall be in favor of this Act, then the same shall become a law and effective January 1, 1945, but should it fail to receive a majority of the votes cast in said election, then it shall not become the law. Referendum election. (a) In case this bill becomes law and one commissioner is elected, he shall be commissioned by the Governor as are other county officers. Section 18. Be it further enacted, that in case this Act becomes a law and a Commissioner of Roads and Revenues is elected, then on January 1, 1945, the present commissioners of Dawson County shall turn over to said commissioner all properties, funds, machinery, tools, stock and everything of value belonging to Dawson County which may be in their possession at that time. Section 19. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 11, 1943.

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DAWSON TAX COMMISSIONER. No. 48. An Act to abolish the office of Tax Receiver and the Office of Tax Collector of Dawson County, Georgia, 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 Dawson County; to fix the compensation of the 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; to provide for the payment into the Treasury of Dawson 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, 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 office of Tax Receiver and the office of Tax Collector of Dawson County, Georgia, are hereby consolidated and abolished, and the office of County Tax Commissioner of and for Dawson County is hereby established and created; that the term of office of County Tax Commissioner of and for Dawson County, Georgia, shall be four years; that the rights, duties, and liabilities of said County Tax Commissioner of and for Dawson County, Georgia, shall be the same as the rights, duties, and liabilities heretofore incumbent upon the Tax Receiver of

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Dawson County and the Tax Collector of Dawson County, Georgia, and that the laws now of force as to Tax Receiver and Tax Collector shall be of full force and effect as to the County Tax Commissioner of and for Dawson County, Georgia, as far as the same are applicable and in so far as they are not herein expressly repealed; and said County Tax Commissioner shall not be required to leave his office for the transaction of the business thereof. Tax receiver and collector abolished. Tax commissioner created. Rights, duties and liabilities. Section 2. Be it further enacted by the authority aforesaid, That the taxes now due and payable and all tax fi. fas. heretofore issued by the Tax Collector of Dawson County, Georgia, shall have full force and effect and be collectible as issued. Taxes and tax fi. fas. Section 3. Be it further enacted by the authority aforesaid, That the County Tax Commissioner of and for Dawson County, Georgia, is authorized to employ such assistants and clerks as will be necessary to transact, do and perform the duties of the office and that compensation for the same shall be paid for by said County Tax Commissioner of and for Dawson County, Georgia, out of his salary; that the fees and commissions heretofore allowed the Tax Receiver and Tax Collector of Dawson County shall be paid to the County Treasurer of Dawson 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 Receiver or Tax Collector of Dawson County for collection any of its taxes, either special, ad valorem, occupation or other tax or license of any nature whatever, shall be charged and collected by said Tax Commissioner of and for Dawson County, Georgia, and paid to the Commissioner of Roads and Revenues of Dawson County, Georgia, and they shall be accounted for by him as other County funds. Assistants and clerks. Fees and commissions.

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Section 4. Be it further enacted by the authority aforesaid that the Commissioner of Roads and Revenues of Dawson 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 and for Dawson County, Georgia, and that the Commissioner of Roads and Revenues of Dawson 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 Dawson County, Georgia. Tax for maintenance of office. Section 5. Be it further enacted by the authority aforesaid that the Commissioner of Roads and Revenues of Dawson County be and they are hereby required to furnish and equip an office in the County court-house for the use of said County Tax Commissioner of and for Dawson County, Georgia, and that the said County Tax Commissioner of and for said Dawson County, Georgia, be and he is required to keep said office open every business day for the transaction of the business of his office. Office. Section 6. Be it further enacted by the authority aforesaid that the County Tax Commissioner shall be elected as other County officers are elected at the general election for County Officers to be held on Tuesday after the first Monday in November, 1944, and the term of office of said County Tax Commissioner is fixed at four years, and that any vacancies occurring in said office shall be filled as vacancies are now filled for Tax Receiver and Tax Collector. Election. Section 7. Be it further enacted by the authority aforesaid that the salary of the County Tax Commissioner of and for Dawson County, Georgia, be and the same is hereby fixed at one thousand ($1,000) dollars per annum, payable monthly out of the general funds of the said County. Compensation. Section 8. Be it further enacted by the authority aforesaid, That this Act shall take effect and be of full force and

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effect on the first day of January in the year of our Lord Nineteen Hundred Forty-Five. Effective date. Section 9. 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 February 11, 1943. DECATUR AIR-SPACE SAFETY ZONING. No. 200. An Act granting to the Commissioners of Roads and Revenues of Decatur County in the State of Georgia, the authority to provide for an air-space safety zone upon certain property situated adjacent to Airports within the unincorporated areas of Decatur County, Georgia; to regulate and prohibit the erection of any structure of any nature whatsoever, within certain distances from the boundaries of Airports in said County; to provide remedies for the enforcement of such regulations and provisions, 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 Commissioners of Roads and Revenues of Decatur County, Georgia, in addition to all other powers delegated to them are hereby empowered to pass regulations and resolutions fixing an air-space safety zone upon all property situated adjacent to Airports located within the unincorporated areas of Decatur County, Georgia, and prohibit the erection of any structure of any nature whatsoever, at a height of a glide angle for aircraft of 40 to 1 feet measured outward from the boundaries a distance of 1500 feet, except that the said air-space safety zone

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restriction of 40 to 1 feet glide angle shall extend outward at the ends of all runways on said airports for a distance of not less than two miles from the boundaries of said Airports along a prolongation of the center lines of said runways and extending laterally from the center line of said runways a distance of 750 feet each way at the airport boundary, increasing to a lateral distance of 2,000 feet each way from the center lines of said runways a distance of not less than two miles from the boundaries of said Airports. Rules and regulations. Specifications. Section 2. That the regulations and restrictions applying to the zones or districts herein covered shall be created by resolution of the Board of Commissioners of Roads and Revenues of Decatur County, Georgia, passed at any regular meeting of said Board. That no resolution fixing the regulations and restrictions herein authorized shall be adopted by said Board of Commissioners until notice specifying the time and place of said meeting at which said regulation will be considered shall have been published in the official gazette of said County at least two weeks before the date of said meeting. Restrictions. Notice. Section 3. 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 resolution or regulation duly adopted under the authority conferred hereby, is violated 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 and Court of the said County, having jurisdiction of misdemeanor cases shall have jurisdiction to try such offenders and upon conviction to so punish them; and in addition thereto, said Board of Commissioners or any person or persons who may be injured by the violation of this Act or

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the regulations of said Board of Commissioners may also institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings, to prevent, enjoin, abate or remove such unlawful erection, construction, or reconstruction. Violations. Misdemeanor. Other remedies. Section 4. Legality. Be it further enacted by the authority aforesaid, that if any portion or provisions of this Act may be found unconstitutional or contrary to any general laws of the State of Georgia, such invalidity shall not effect any other portion or provisions of this Act. Invalid parts. Section 5. Conflict With Other Laws. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1943. DeKALB PLANNING COMMISSION AND BOARD OF ZONING APPEALS. No. 271. An Act to create and establish for DeKalb County, a County Planning Commission and Board of Zoning Appeals, and to authorize the Commissioner of Roads and Revenues of DeKalb County, Georgia, 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 Commissioner of Roads and Revenues a comprehensive plan of zoning; to provide that said Commissioner of Roads and Revenues may adopt the comprehensive zoning plan; said County Authority may provide a method and manner of carryling

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out the terms of this Act; to provide that said County Authority may pass rules and regulations governing the zoning of property in DeKalb County; to provide a method of selecting the personnel to the County Planning Commission and to the Board of Zoning Appeals; to provide authority for said Commissioner of Roads and Revenues for DeKalb County to appropriate funds to provide for the personnel in carrying out the terms of this Act; to provide that all laws dealing with zoning and regulating or restricting the use of property and with development of subdivisions now in force shall remain in full force and effect until such time as such comprehensive plan for zoning is adopted, 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 Commissioner of Roads and Revenues or other governing authority, of DeKalb County, Georgia, shall have the power and authority to create a County Planning Commission, which said commission shall consist of five (5) citizens to be appointed by said Commissioner of Roads and Revenues of said County or other county authority by and with the approval of the Grand Jury. The original appointment of two of such members shall expire on January 1, 1945, and the appointment of the other three (3) members shall be for terms expiring January 1, 1947. Planning Commission. Members and terms. At the expiration of said terms, all members shall be appointed for terms of four (4) years and shall serve until their successors are appointed and qualified. Section 2. Said County Planning Commission shall have all the powers hereinafter set forth, shall have such other powers as may be proper and consistent with the operation of said commission, and shall have such additional powers

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as may by resolution of said Commission of Roads and Revenues of DeKalb County from time to time be conferred thereon not inconsistent with the term of this Act or laws of this State, now or hereafter existing; the power and authority granted to said Planning Commission and to be granted them from any other source, as well as the powers granted by the Commissioner of Roads and Revenues, or any other county authority, is to be exercised only in the unincorporated areas of the county (that is outside any incorporated municipal limits). Said Planning Commission shall submit an annual budget to the Commissioner of Roads and revenues, or other county authority, showing the expenses and personnel to be employed during the year, and said Planning Commission shall have authority to expend any funds appropriated by the Commissioner of Roads and Revenues upon items of the budget approved by said Commissioner. No other expenses shall be incurred by said Planning Commission without the approval of the Commissioner of Roads and Revenues duly entered upon his minutes. Powers. Budget. Section 3. It shall be the duty of said Planning Commission and they shall have power to recommend or make suggestions to the Commissioner of Roads and Revenues or other authority concerning the laying out, widening, extending, and location of parks and playgrounds; the relief of traffic conditions, traffic congestion; the development of housing and supervision of sanitary conditions; and the establishment of zones and districts. Further, it shall be the duty of said Planning Commission to consider and make recommendations and suggestions to the Commissioner of Roads and Revenues of DaKalb County, Georgia, concerning the use, height, area, and kind of buildings or structures to be erected in the various sections of said county; to consider and make recommendations and suggestions to said Commissioner of Roads and Revenues concerning the density

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of population to be permitted in the various sections of said county; to study and propose such regulations as may be advisable for the promotion of the business interest, health, morals, safety, comfort, convenience and welfare of said county. Duties. Section 4. Said Planning Commission shall have authority to investigate and make recommendation to the governing authorities of said county concerning all plans for sewers, both sanitary and stormwater wherever placed in any property, subdivision or lots developed for sale. Whenever said county undertakes the erection of any public building (other than school buildings), governing authority of said county shall refer the plans and specifications for such building or buildings or public improvements to the Planning Commission for consideration and recommendation. Authority. Section 5. The Commissioner of Roads and Revenues of DeKalb County, Georgia, is authorized and directed to make such appropriation to the County Planning Commission for the carrying on of its work as in the judgment of such Commissioner of Roads and Revenues of DeKalb County may be deemed advisable. Appropriation. Section 6. Said Planning Commission shall prepare and submit to the Commissioner of Roads and Revenues of DeKalb County a comprehensive plan for zoning said county, for the purpose of suggestion the proper location of streets, apartment houses, dwelling and other uses for property or land, the height of buildings, the area of the lot to be occupied, the provision of yard space, the fixing of building lines; the density of population to be permitted in the varsion sections of the county. With reference to buildings, such comprehensive plan shall include provisions regulating the type of construction, material to be used, floor space to be required and regulations as to plumbing, heating and electrical installations. Said plan shall also include

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provisions for controlling density of population and not only by the area of the lot to be occupied but also by regulating the number and sizse of multiple family dwellings. It is not intended by this provision to vest in this Planning Commission, or for that matter, in the Commissioner of Roads and Revenues, authority to forthwith adopt a planning or zoning resolution. Said Commissioner of Roads and Revenues, may, however, receive from said planning Commission a comprehensive plan for zoning and then proceed to adopt the same as hereinafter provided. Zoning plan. Section 7. Upon receipt of the comprehensive plan herein mentioned from said County Planning Commission, the Commissioner of Roads and Revenues of DeKalb County, Georgia may accept or reject the report; he may adopt an entirely new plan or he may adopt the plan of said Planning Commission in modified form. Before proceeding to the consideration of such an adoption, however, the county authority may advertise once a week for four weeks in a newspaper published in said county that fact that on a given date he will proceed with the consideration of the plan offered by the Planning Commission, so that the public may be informed of action contemplated by said county authority. On the day named in the notice, he shall proceed to the adoption of said plan (in modified form if he so desires) or some other plan of his own and may continue the hearing from day to day or to any named day until he takes final action on the same. Plan considered. Notice. Hearing. Section 8. After the adoption of said comprehensive plan or zoning resolution herein provided for, the same may be modified, amended and designated areas therein changed and the rules governing the erection and construction of buildings modified and changed in the following manner: Said Planning Commission may submit to the County authority of DeKalb County, Georgia any recommendation as to change. Said commission upon receipt of

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a suggestion or report shall set a time (day and hour) for the hearing of said proposed change and give notice to the public thereof by publishing notices in the newspaper in said county in which the sheriffs' advertisements are published once a week for at least three weeks. On the day and hour appointed the Commissioner of Roads and Revenues of DeKalb County shall proceed to hear and determine the recommendation of said Planning Commission in this regard and dispose of the zone. He shall have the right to continue the hearing from day to day or to any named day as in his discretion may be deemed advisable. Said Commissioner of Roads and Revenues of DeKalb County, Georgia, may on his own motion (without recommendation from the Planning Commission) proceed to modify or amend such zoning or planning resolution as may have been established and make such modifications or amendments as he may see fit, provided he proceed first by passing a formal resolution that he will on a certain day named proceed to consider such amendment, modification or change and give notice thereof in the same manner as provided herein, for other notices. Amendments and changes. Section 9. The County Planning Commission shall adopt such rules and regulations as they may deem advisable for the governing of their commission and adopt such rules and regulations as they may deem advisable for the public to appear before said Planning Commission and be heard as to any changes, modifications or amendments to any planning or zoning resolution that may have been passed on by any county authority; and they may require a deposit of such advertisiing costs or other costs as they may in their discretion see fit, before they will conduct a hearing in regard to any application in regard to any change, modification or amendment and before they will recommend the same to the Commissioner of Roads and Revenues of DeKalb County, Georgia. Hearings.

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Section 10. The Commissioner of Roads and Revenues of DeKalb County, Georgia, may, in the interest of public health, safety, order, convenience, comfort, property, or the general welfare of the community, adopt by resolution a plan or plans for the districting and/or zoning of the territory and land in DeKalb County, Georgia (outside of incorporated areas), for the purpose of regulating the location of businesses, trades, industries, residences, apartment houses, hotels, dwellings, outhouses, or any other uses of property or land, or for the purpose of regulating the height, kind and dimensions of buildings or other structures, including the type of material to be used in construction and regulations regarding the plumbing, heating and electrical installations; also he may prescribe for the same purposes the area or dimensions of the lots and the yards used in connection with any building or structures to be erected and occupied for any purpose set out in this section; or he may in his discretion regulate the alignment of buildings and structures and prescribe their distance from the street along the front thereof. The zoning regulations made may be based on any one or more of the purposes above described. The county may be divided into such number of zones or districts and such districts may be of such shape and area as the county authority may deem best suited to attain the purpose of zoning regulations. Such county authority may go into congested areas and prescribe zoning regulations for any part of or all of such congested areas and he is to be the judge of where such congested areas may be and the extent and limitations thereof. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession or other activity conducted or to be conducted upon the premises or land, the number of persons, families or other group units to reside in or use such buildings, the public, quasi-public, or private nature of the use of the premises or land, or upon any other basis or

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bases relevant to the promotion of the public health, safety, order, morals, convenience, prosperity, or welfare of the community. General purpose. Zones and districts. Section 11. For the reasons herein stated said county authority shall have the right and powers, in any districts proposed to be set aside primarily for residence purposes, to further classify the use thereof and to provide therein the class or classes of residents to be housed therein and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the county and the residents thereof. Classification. Section 12. No resolution adopting zoning regulations as above authorized shall be passed by the Commissioner of Roads and Revenues of DeKalb County, Georgia, until after a comprehensive plan for the zoning of the county has been prepared and submitted to the Commissioner of Roads and Revenues by the Planning Commission; and the same may be adopted, modified or repealed, provided notice is given thereof in the same manner as provided for modifications and changes as in this Act set out. Restrictions. Section 13. The zoning regulations here authorized and adopted by said county authority shall be administered by the inspector of buildings and/or some other designated official under the rules and regulations of the Board of Zoning Appeals. Inspector. Section 14. The Commissioner of Roads and Revenues of DeKalb County is authorized to create a Board of Zoning Appeals which said Board shall hear and decide appeals from, and review any order, requirement, or determination made by, the inspector of buildings in the enforcement of zoning regulations or made by any other official of the county to whom the enforcement of these regulations may be delegated. The Board of Zoning Appeals in its administration of said regulations may permit an exception to the

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regulations herein provided for and shall lay down rules and regulations for hearings on petitions for such exceptions to the said regulations, and grant or reject the same as in their judgment may seem best. Appeals Board. Section 15. The Board of Zoning Appeals herein authorized shall consist of three (3) citizens of DeKalb County appointed by the Commissioner of Roads and Revenues of said County by and with the approval of the Grand Jury of said County and the term of one of such members shall expire January 1, 1944 and one shall expire on January 1, 1945, and one on January 1, 1946 and, at the expiration of the term of each member, appointments thereafter shall be for a term of three (3) years. Such members shall serve until their successors are appointed and qualified. Board of three. Terms. Section 16. Every decision of the Board of Zoning Appeals in the administration of the authority hereinabove set out and in the administration of zoning regulations of said county shall be subject to writ of certiorari issued from the superior court upon the same terms as such writs are issued in any case. Certiorari. Section 17. Be it further enacted by the authority aforesaid that any property in DeKalb County heretofore zoned by any proper authority heretofore existing shall not be changed or upset by reason of the authority here given for the zoning or planning; but all said property shall remain zoned as if this Act had not been passed until such time as the proper county authority, may, in his discretion re-zone said property, and when so re-zoned for said property it shall be done under authority and in the manner here prescribed. Property changes. Section 18. Be it further enacted that any person, firm or corporation violating any of the provisions of this Act or any restrictions imposed by authority of this Act, or

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violating any regulations of any county authority made in pursuance of this Act, shall be guilty of a misdemeanor, and upon conviction, shall be subject to fine or imprisonment or both, as provided by law, in misdemeanor cases. Violation a misdemeanor. Section 19. Be it further enacted by the authority aforesaid that every violation of the terms of this Act by any person, firm or corporation or a violation by such parties of the rules and regulations prescribed by the county authority in pursuance with this Act shall be termed a nuisance and a continuing nuisance so long as such violation may be continued and such violation may be subject to abatement as a nuisance as provided by the laws of this State. Nuisance. Section 20. Be it further enacted by the authority aforesaid that the authority herein given to the county authority under the terms and conditions of this Act may be enforced by the county, or proper county authority, by injunction or otherwise. This authority is cumulative and is not to be construed as curtailing the right of any person, firm or corporation, resident, property owner or other persons, of bringing any proper action for the enforcement of of This Act or of such rules and regulations as may be promulgated by county authority in pursuance of this Act. Remedies. Section 21. Be it further enacted by the authority aforesaid that until the adoption of the comprehensive zoning plan by the authority of DeKalb County, which is provided for in this Act, that the present laws of force and effect in said County concerning zoning and concerning the subdivision of property and the platting thereof remain in force and effect and until said time said laws are in no way amended, modified or repealed except in the following manner: it is hereby specifically provided that immediately upon the approval of this Act, the Commissioner may elect and set up and organize the County Planning Commission provided for in this Act, and that said County Planning Commission

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shall immediately take over the duty of receiving applications, conducting herarings and administering the present zoning regulation under laws applicable to DeKalb County now in effect, under such rules and regulations as may be prescribed by said Commissioner of Roads and Revenues of DeKalb County, Georgia; such petitions for zoning as may be pending before the Commissioner of Roads and Revenues of DeKalb County, Georgia may be transferred by the Commissioner of Roads and Revenues to the County Planning Commission with a definite date fixed for their hearing so that those interested may be notified. On the day and hour named by the Commissioner of Roads and Revenues for the hearing of such pending petitions the County Planning Commissioner may proceed to hear them or it may postpone them until a definite time for such hearing. The County Planning Commission in administering the present law will keep minutes or records and return a record of its findings to the Commissioner of Roads and Revenues of DeKalb County so that the same may be spread upon the minutes of said board. Present zoning laws continued. Proviso. Section 22. Be it further enacted that if any part, parts or section of this Act should for any reason be declared unconstitutional, such decision shall not effect the validity of any remaining portion of this Act, which remaining portion shall remain of force as if such Act had been passed with the unconstitutional portion thereof eliminated, and it is hereby declared the intention of the General Assembly that it would have adopted the remaining portion of this Act without including therein any such part, parts or section which may for any reason be hereafter declared unconstituonal. Invalid parts. Section 23. The rules and regulations adopted by the Planning Commission here authorized, or the governing authorities of DeKalb County shall have the force and effect of law; and said Planning Commission and said governing authority being hereby clothed with all of the authority

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which the General Assembly can grant to such authorities and such Planning Commission under the laws of the State of Georgia. Force and effect of rules and regulations. Section 24. This Act shall take effect upon its approval. Section 25. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1943. DeKALB WATERWORKS ADVISORY BOARD. No. 455. An Act to create and establish for DeKalb County a DeKalb County Waterworks Advisory Board; to define and prescribe the powers and authority of such board; to provide qualifications for membership on said board; to determine the method of appointment of members of said board; to fix the compensation to which the members of said board shall be entitled; to provide that the commissioner of Roads and Revenues of DeKalb County shall be the administrator of said waterworks system; 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 there is hereby created and established for DeKalb County a Board to be known as the DeKalb County Waterworks Advisory Board, and the Commissioner of Roads and Revenues of DeKalb County, Georgia, and the Chairman of the City Commission of the City of Decatur, Georgia, shall both be ex-officio members of said Board and shall be the Chairman and Vice-Chairman thereof, respectively. There shall also be three other members of said Board who shall be selected, designated and appointed

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as follows: First, at the first meeting of the City Commission of the City of Decatur, Georgia, after the passage of this Act, one member of said City Commission or the City Manager of the City of Decatur shall be elected to serve on said Advisory Board for the remainder of the year and, thereafter, at the first meeting of the City Commission each year, a member of said Commission or the City Manager of the City of Decatur shall be elected to serve on said board; second, the other two members of said Board shall be appointed by the Commissioner of Roads and Revenues of DeKalb County, Georgia, by and with the approval of the Grand Jury of said County. One of such members shall reside within the City of Decatur and the other shall reside outside of the City of Decatur but within the area served by the DeKalb County Waterworks System. In the original appointment, one member shall be named to serve for two (2) years and the other shall be named to serve for four (4) years and, at the expiration of said terms, both members shall be appointed for terms of four (4) years. The appointments made pursuant hereto shall be submitted to the first Grand Jury in session after such appointments are made. Advisory Board. Ex-officio members. Three other members. Election. Residence. Terms. Section 2. The Commissioner of Roads and Revenues of said County is hereby designated as the Administrator of said DeKalb County Waterworks System and said Commissioner shall exercise full power and authority to fix the rates for water rents; provide for repairs, maintenance and extensions of the waterworks system; to enter into contracts for supplying water; to enter into contracts with any governmental subdivision or public agencies of any kind to supply water and, in general, to administer said waterworks system for the development and best interests of DeKalb County; all such authority shall be subject to the provisions of this Act and to all existing contracts heretofore made by DeKalb County and relating to said waterworks system. Administrator. Power and authority.

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Section 3. The DeKalb County Waterworks Advisory Board shall meet regularly on the first Mondays in January, April, July and November of each year at such place and hour as the Chairman may direct. If necessary, the Chairman may also call special meetings of said Board by giving each a written notice of the time and place of such special meeting at least three days in advance. Special meetings shall also be called by the Chairman upon the written request of three members of said Board. Meetings. Section 4. The DeKalb County Waterworks Advisory Board shall examine into and review the income and expenditures of the DeKalb County Waterworks System and shall make recommendations regarding the same to the Commissioner of Roads and Revenues of DeKalb County, Georgia. Said Advisory Board shall also consider proposals regarding extensions of said waterworks system and make recommendations to said Commissioner regarding same. Said Advisory Board shall be notified at least thirty days in advance of any proposed changes in the scale of water rents determined upon or porposed by the Commissioner of Roads and Revenues of said County, and said Advisory Board shall hold a public hearing within two weeks after receipt of such notice, the time and place of said hearing to be advertised by notice in the newspaper in which advertisements of Sheriff's sales are published at least three days prior to the date of such public hearing. Duties. Notice and hearing. Section 5. All recommendations of said Advisory Board to the Commissioner of Roads and Revenues shall be made in writing and, in the event any such recommendations are not followed by the Commissioner he shall immediately notify the Advisory Board of his action, together with a written statement of any reasons for failing to follow said recommendations. All such recommendations and reports shall be kept in the permanent files of said Advisory Board. Recommendations.

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Section 6. Said Advisory Board is hereby required to render a report of its actions and, to include therewith a statement of the revenues and expenditures of said waterworks system and, also a summary of all extensions to said system completed or under construction for the preceding year, to the Grand Jury of the Superior Court of said County at the first term of said Court in each year. A copy of such report shall be rendered to the City Commission of Decatur, Georgia. Reports. Section 7. Members of the Advisory Board shall be entitled to a fee of $5.00 for attending each meeting of said Board which shall be paid from the revenues of the DeKalb County Waterworks System. Compensation. Section 8. Be it further enacted that all laws or parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1943. DeKALB PRIMARY ELECTIONS. No. 149. An Act to fix the date of General Primary elections in DeKalb County; to repeal An Act to provide for county primaries in DeKalb County for the purpose of nominating county officers; to repeal all laws in conflict therewith; and for other purposes (Georgia Laws 1937, page 1311): To re-enact the provisions of an Act approved August 16, 1920, Georgia Laws 1920, page 507, and particularly Section 1 thereof; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That an Act approved March 29, 1937, Georgia Laws 1937, page 1311, entitled An Act to provide for

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county primaries in DeKalb County for the purpose of nominating county officers; to repeal all laws in conflict therewith; and for other purposes, is hereby repealed. Act of 1937 repealed. Section 2. That it is the purpose and intent of this Act to repeal the Act described hereinabove in Section 1 of this Act, and to re-enact the provisions of the Act approved August 16, 1920, Georgia Laws 1920, page 507, as fully and completely as if the said Act referred to in Section 1 hereof had never been passed; and Section 1 of said Act approved August 16, 1920, Georgia Laws 1920, page 507, is hereby re-enacted as follows: Act of 1920 re-enacted. From and after the passage of this Act, all political parties, organizations or associations, in DeKalb County, State of Georgia, shall nominate their candidates for all offices which are now, or which may hereafter be, elective by the people of said county, by primary elections; which said primary elections shall be held in each year in which there is to be a general election for county officers, on the same day in said year which may be fixed by the State or central executive committee, or other governing body of such political party, organization or association, for the holding of the primary elections of such party, organization or association, for the nomination of candidates for State House officers of said State; provided, however, that whenever any date may be fixed by law for the holding of the primary elections for the nomination for State House offices, by political parties, organizations or associations, said primary elections for the County of DeKalb shall be held on the date so fixed by law. Act of 1920 Section 1 re-enacted. Section 3. That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 22, 1943.

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DeKALB TAX COMMISSIONER'S COMPENSATION. No. 150. An Act to amend an Act found in Georgia Laws 1941, page 831, which is entitled An Act to amend an Act to abolish the office of Tax 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 Collection 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 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 law or Act whenever passed fixing compensation for Tax Commissioners or Tax Collectors, by striking the limitation as to the

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salary fixed by the County Commissioner; 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 Section Six of Georgia Laws 1927, pages 558-561, and the amendatory section found in Georgia Laws 1941, page 832, be and it is hereby amended by striking the proviso of said Section Six, reading as follows: 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, Georgia Laws 1937-1938, page 297, or an Act approved March 24, 1939, Georgia Laws 1939, page 370; or any other law or act whatever passed fixing compensation for Tax Commissioners or Tax Collectors, and any and all such amounts shall hereafter be put into the treasury and become the property of DeKalb County; and substituting in lieu thereof the following language: Provided, however, in no event shall the said Tax Commissioner receive compensation for any one calendar year in excess of that compensation fixed for said officer by the Commissioner of Roads and Revenues of said County, 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 Jan. 17, 1938, Georgia Laws 1937-1938, page 297, or an Act approved March 24, 1939, Georgia Laws 1939, page 370; or any other law or act whenever passed fixing 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. So that said Section Six when so amended shall read as follows: Acts of 1927 and 1941 amended.

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Section Six: Be it further enacted by the authority aforesaid that the compensation of the County Tax Commissioner, and the compensation of such employees 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 the 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 that compensation fixed for said officer by the Commissioner of Roads and Revenues of said County, 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 compensation for 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. Be it further enacted by the authority aforesaid that any and all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 22, 1943. DODGE COMMISSIONERANNUAL AUDIT. No. 307. An Act to amend an Act entitled, An Act to create the office of Commissioner of Roads and Revenues in and for Dodge County, provide the methods of the election of such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of

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county affairs, and for other purposes, approved August 19th, 1912, as amended, by prescribing other and additional duties of said officer and to require him to employ the services of a Certified Public Accountant annually to audit the books and accounts of the Commissioner, Treasurer, Tax Commissioner and Sheriff of said county and to publish said audit in the official organ in Dodge County and to pay therefor the fees prescribed by law for legal advertising, 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 of the General Assembly of Georgia entitled, An Act to create the office of Commissioner of Roads and Revenues in and for Dodge County, provide the methods of the election of such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs, and for other purposes, approved August 19th, 1912, as amended, is further amended hereby by adding a new section to be numbered and to read as follows: Section 4 (a). Said Commissioner shall annually on or before April 1st in each year employ the service of a Certified Public Accountant of the State of Georgia who shall audit the books and accounts of the Commissioner of Roads and Revenues, Treasurer, Tax Commissioner and Sheriff. The report of said audit shall be in writing and manually signed by a Certified Accountant, and when received by the Commissioner of Roads and Revenues shall be published in the official organ in Dodge County, Georgia, to be selected by said Commissioner of Roads and Revenues, with the cost of such publication at regular fees of legal advertisements to be paid out of the County treasury as other expenses of the county are paid. Auditor.

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Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 11, 1943. DODGE COUNTYPUBLISHING VOTERS LISTS. No. 370. An Act to amend an Act entitled, An Act to create the office of Commissioner of Roads and Revenues in and for Dodge County, provide the methods of the election of such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs, and for other purposes, approved August 19th, 1912, as amended, by prescribing other and additional duties of said officer, and to require him to publish once in the official organ of Dodge County a list of the voters registered and qualified to vote in all primary elections for the election of county or State House officers at least ten days prior to the day of such election, and to likewise publish a list of the electors voting in such primary elections within ten days after the consolidation of the votes in such primary elections, and to pay therefor the fees prescribed by law for legal advertising, 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, an Act of the General Assembly of Georgia entitled, An Act to create the office of Commissioner of Roads and Revenues in and for Dodge County, provide the methods of the election of such officer, prescribe his duties and powers,

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fix his salary and term of office, provide for the management of county affairs, and for other purposes, approved August 19th, 1912, as amended, is further amended by adding a new section to be numbered and to read as follows: Act 1912 amended. Section 4(b). Said Commissioner shall, at least ten days before the day of holding any primary election in Dodge County for the election of county or Statehouse officers, cause to be published once in the official organ of Dodge County a list of the voters registered and qualified to vote in such election; and within ten days after the votes have been consolidated in such election likewise publish a list of the electors who voted in such election; with the cost of such publication at regular fees of legal advertising to be paid out of the county treasury as other expenses of the county are paid. Voters' list published. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1943. DOOLY COMMISSIONERSCOMPENSATION AND TENURE. No. 195. An Act to amend an Act approved August 13, 1929, entitled An Act to amend an Act approved August 9, 1919, amending an Act creating a Board of Commissioners of Roads and Revenues for the County of Dooly, so as to provide for the redistricting of the County of Dooly, the mode of election the members of the Board, to prescribe their qualifications, tenure and duties, and for other purposes so as to change the term of office for

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which the members are elected or appointed, and to provide for their compensation. 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. From and after December 31, 1944, the term of the several members of the Board of Commissioners of Roads and Revenues for the County of Dooly shall be four years, and shall be nominated, elected and qualified in the same manner as other officers of the County of Dooly. Terms. Section 2. From and after the passing of this bill, the compensation of each member of the Board of Commissioners of Roads and Revenue for the County of Dooly shall be, and is hereby fixed, at $400.00 per annum, payable in twelve equal monthly installments out of the County Treasury. Compensation. Section 3. All laws in conflict with this enactment are repealed to the extent of the conflict. Approved March 2, 1943. DOUGHERTY COMMISSIONERSAMENDMENTS. No. 13. An Act to amend an Act approved March 4, 1941, appearing on pages 834, et seq. of the published acts of the General Assembly of Georgia of 1941, and captioned: Dougherty County Board of Commissioners CreatedReferendum, so as to vest in said County Board of Commissioners for the County of Dougherty, in addition to powers and authorities heretofore conferred upon said board, the power and authority to levy license and specific

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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 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 Dougherty County and other than within the 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 for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act approved March 4, 1941, appearing on pages 834, et seq., of the published Acts of the General Assembly of Georgia, of 1941, and captioned Dougherty County Board of Commissioners CreatedReferendum, be and the same is hereby amended by including therein the following provisions, to-wit: Ga. Laws 1941 p. 834 et seq. amended. 1. Said County Board of Commissioners for the County of Dougherty 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, 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, convenvenience, 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 offering to transact business in such area; to compel the payment of such licenses and taxes by execution

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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 violation 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 92-3910, of the Code of 1933, relating to collection of licenses for the exhibition of shows, etc. Taxes. 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 buildings, fence, or similar structure where in the opinion of said County Board of Commissioners the erection of any such building, 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. Building restrictions. (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 shall be punished as provided by Section 27-2506, of the Code of 1933. Permits. Approved January 29, 1943.

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DOUGLAS TAX COMMISSIONER'S CLERK'S COMPENSATION. No. 302. An Act to amend an Act approved Dec. 27, 1937, amending an Act approved March 28, 1935, creating the office of Tax Commission of Douglas County, Georgia, defining the duties of said officer, fixing the compensation to be paid, the manner of payment, and for other purposes, so as to provide for the payment of clerical hire, in addition to the annual salary provided for the Tax Commissioner, to provide for the monthly payment of said clerical hire, fixing the date this amendment shall become effective, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that an Act of the General Assembly of Georgia, approved Dec. 27, 1937, as contained in Georgia Laws 1937-1938 at pages 813-815, which Act amended an Act of the General Assembly of Georgia, approved March 28, 1935, as contained in Georgia Laws, 1935, at pages 641-644, creating the office of Tax Commissioner for Douglas County, Georgia, be amended by striking the whole of section four (4) of said amended act as contained in Georgia Laws 1937-1938 at pages 813-815 aforesaid and substituting in lieu of said stricken and/or repealed section the following: Act 1937-1938 pp. 813-815 (4) stricken. Section 4. Be it further enacted by the authority aforesaid that the compensation of the Tax Commissioner of Douglas County, shall be fixed at an annual salary of eighteen hundred ($1800.00) dollars per annum, to be paid in twelve equal monthly payments from the general funds of said County. New section. Salary. (a) In addition to the annual salary aforesaid there shall be paid from the general funds of Douglas County,

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to a clerk to be selected and employed by said Tax Commissioner of Douglas County, the sum of fifty ($50.00) per monthsaid clerk hire to be paid for such time, that is for such months in the year, as the said Tax Commissioner may deem it necessary to employ a clerk. Clerk. (b) The said Tax Commissioner shall pay premium on bond, but shall not be required to furnish office equipment, stationery or supplies for his said office or pay for the necessary printing for said office. These items likewise to be paid from the General Funds of Douglas County. (c) All fees collected by said Tax Commissioner shall be paid into the General Treasury of Douglas County, Georgia. Fees. (d) This amendment shall become effective as of April 1st, 1943. 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 11, 1943. ECHOLS COMMISSIONERS AND DISTRICTS. No. 166. An Act to provide for the division of Echols County into three Commissioner's Districts; to designate and describe such Districts; to provide for the number of members of the Board of Commissioners of Roads and Revenues of Echols County and to prescribe the qualifications of such members; to require candidates for the office of member of such Board to designate which of the Commissioner's Districts provided for in said Act he seeks to

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represent; to provide for the voting upon such candidates by voters throughout the entire County; to provide for the manner of determining the successful candidates; to provide for the repeal of laws or 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 the authority of the same: Section 1. That the County of Echols be and it is hereby divided into three Commissioner's Districts for purposes of the election and tenure of members of the Board of Commissioners of Roads and Revenues of said County as in this Act provided, said districts being designated and described as follows: Districts. (a) The Statenville-Mayday Commissioner's District shall consist of the 1058th Militia District of said County and that part of the 1306th Militia District of said County lying to the west of a north and south line constituting the eastern boundary of Lot 4 in the 12th Land District of said County, extending north to the northern boundary of Echols County and south to the southern boundary of said Militia District. (b) The Enterprise-Haylow Commissioner's District shall consist of the 719th Militia District of said County and that part of the 1306th Militia District of said County lying to the east of a north and south line constituting the eastern boundary of Lot 4 in the 12th Land District of said County, extending north to the northern boundary of Echols County and south to the southern boundary of said Militia District. (c) The Howell-Chappell Commissioner's District shall consist of the 904th and 1211th Militia Districts of said County.

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Section 2. Be it further enacted by the same authority that from and after the first day of January, 1945, the Board of Commissioners of Roads and Revenues of Echols County shall consist of three members, no two of whom shall be residents of or qualified to vote in the same Commissioner's District as such Districts are in this Act designated and described. Section 3. Be it further enacted that at the regular election to be held in the year 1944, and at every regular and special election thereafter, to elect a member or members of the Board of Commissioners of Roads and Revenues of Echols County, every candidate for the office of member of such board shall designate, at the time of his qualification as such candidate, which of the three Districts hereinabove specified he seeks to represent on the said Board; and no person shall hereafter be eligible for election as a member of the Board of Commissioners of Roads and Revenues of Echols County unless, at the time of his election to such office (in addition to having such other qualifications as may now or hereafter be imposed by law) he is a bona fide resident and qualified voter of the District which he seeks to represent in accordance with the terms of this Act. Residence. Section 4. All candidates qualified for election to the Board of Commissioners of Roads and Revenues hereunder shall be voted upon by all of those voting throughout the entire County, in any election in which a member or members of such Board are to be elected; and the candidate in each Commissioner's District receiving the highest number of votes among the candidates who have designated such District as the one they seek to represent, in accordance with the terms of this Act, shall be declared elected a member of the Board of Commissioners of Roads and Revenues to represent such District. Election by County. Section 5. Nothing in this Act contained shall affect the election, term or tenure of any member of the said Board

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as now constituted during the term for which he has already been elected, nor of any member elected or appointed under existing laws to fill the unexpired term of any such member. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1943. ELBERT COMMISSIONERCLERK. No. 100. An Act to amend an Act entitled An Act to provide Board of Commissioners for the County of Elbert approved February 27, 1875, as amended by an Act approved August 11, 1913 (Ga. Laws 1913, pages 385-389), by striking the figures $840.00 as found in Section 6 of the amendment approved August 11, 1913, and substituting in lieu thereof the figures $1,200.00; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 6 of an Act approved August 11, 1913 (Ga. Laws 1913, pages 385-389) amending an Act approved February 27, 1875, be amended by striking the figure $840.00 and substituting in lieu thereof the figure $1,200.00 so that said Section 6 as amended shall read as follows: Act 1913 pp. 385-389 amended. Salary. Section 6. Be it further enacted, that the said Commissioner shall appoint a Clerk to perform such duties as may be required of him by the said Commissioner. The term of appointment shall be for the concurrent term of the Commissioner appointing him, but he may be removed

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at any time for such causes as the Commissioner may deem justifiable, and in the event of removal the said Clerk shall be paid for the period of his service prorated. The salary of the said Clerk shall not exceed $1,200.00 per annum, payable monthly. The said Clerk shall give bond, with good security to be approved by the Ordinary of Elbert County, payable to Elbert County, in the sum of $1,500.00 conditioned for the faithful performance of his duties. Clerk. Section 2. That all laws or parts in conflict with the provisions of this Act are hereby repealed. Approved February 16, 1943. ELBERT COMMISSIONER'S SALARY INCREASED. No. 101. An Act to amend an Act entitled An Act to provide a Board of Commissioners of Roads and Revenues for the County of Elbert, approved February 27, 1875, as amended by an Act approved August 11, 1913, as amended by an Act approved August 16, 1920, by striking the figure $1,800.00 from Section II, and substituting in lieu thereof the figure $2,400.00; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section II of an Act approved February 27, 1875, as amended by an Act approved August 11, 1913, as amended by an Act approved August 16, 1920, be, and the same is hereby amended by striking the figure $1,800.00 and substituting in lieu thereof the figure $2,400.00, so that said Section II as amended shall read as follows:

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Section II. Be it further enacted, that the said Commissioner shall receive as full compensation for his services, the sum of $2,400.00 per annum. Salary. Section 2. That all laws and parts of laws in conflict with this provision of this Act be, and same are hereby repealed. Approved February 16, 1943. EMANUEL TAX-COMMISSIONER. No. 276. An Act to abolish the office of tax-receiver and tax-collector of Emanuel County, Georgia; to create the office of County Tax-Commissioner of Emanuel County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to tax-receivers and tax-collectors, when the provisions of this Act become effective, shall be of full force and effect as to the county 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 collectible as issued; to provide that all fees and commissions and other compensation that would be paid to or collected by the tax-receiver and tax-collector were it not for the provisions of this Act shall be collected by the county tax-commissioner herein provided for, and paid into the treasury of Emanuel County, Georgia; to provide for the election of said county tax-commissioner, and the method of filling vacancies; to provide for giving bond; to provide for putting into effect the constitution of the state as contained in article eleven (11), section three (3), paragraph one (1); and for other purposes. Section 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, that the offices of tax-receiver and tax-collector of Emanuel County, Georgia, are hereby abolished, and the duties of the two offices aforesaid are hereby consolidated into one office. Tax receiver, tax collector abolished. Section 2. Be it further enacted by authority aforesaid, that the office of tax-commissioner of Emanuel County, Georgia, is hereby created in lieu of said abolished office and the rights, duties, and liabilities of said office of county tax-commissioner of Emanuel County, Georgia, shall be the same as the rights, duties, and liabilities of the tax-receiver and tax-collector of said county, so far as the same are applicable. Tax commissioner created. Section 3. Said tax-commissioner shall hold a term of office for four years, the first term beginning January 1st, after the expiration of the term of office of the present tax-receiver and tax-collector. Term. Section 4. Said tax-commissioner shall be elected at the general election held in the State of Georgia on Tuesday after the first Tuesday in November preceding the expiration of the present terms of tax-receiver and tax-collector of Emanuel County, Georgia; and shall take office upon the expiration of the term of the present tax-receiver and tax-collector; and said tax-commissioner shall be elected at the general election each four years thereafter in the same manner, time, and place as the Clerks of the superior courts are elected. Elected. Section 5. Said tax-commissioner shall be commissioned and qualified as the clerks of the Superior Court are. Section 6. If a vacancy for any cause occurs in said office of tax-commissioner, it shall be filled in the following manner: (a) If said vacancy occurs within six months of the expiration of the existing term, the Board of Commissioners

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of Roads and Revenues of Emanuel County, Georgia, shall appoint some qualified person to discharge the duties of said consolidated office for the remainder of said term, and the person so appointed shall be commissioned and qualified as clerks of the superior court, and shall receive the pro rata of the compensation accruing to said office for the time so appointed. (b) If said vacancy occurs more than six months prior to the expiration of the existing term, the Board of Commissioners of Roads and Revenues of Emanuel County, Georgia, shall appoint some qualified person to discharge the duties of said consolidated office until a tax-commissioner is elected, and it shall be the duty of the Ordinary of Emanuel County to call a special election for the election of a tax-commissioner to serve the remainder of said term, which election shall be ordered not sooner than 20 days and not later than 40 days after said vacancy occurs; and the ordinary shall give notice of the date of said election by the publication thereof in the newspaper in said county in which sheriffs advertisement for sales of property appear, and before the courthouse door of said county at least ten days before the said election. The person elected on said day shall perform the duties of said consolidated office for the unexpired term of his predecessors. The term of said election shall be made to the Governor, who shall commission the person so elected. The person so temporarily appointed and the person so elected shall each receive his or her pro rata part of the compensation accruing to said office for the time he or she serves. Vacancy. Section 7. Should any two or more candidates at an election to fill said vacancy, or at any regular election, have the highest and an equal number of votes, said ordinary shall call and advertise another election within twenty days, in the manner above provided, and so do until a choice is made. Section 8. Be it further enacted by authority aforesaid,

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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 Emanuel County, Georgia, shall have full force and effect, and be collectible as issued. Section 9. Be it further enacted by the authority aforesaid, that all fees, commission, and all other compensation allowed to the tax-collector and tax-receiver of Emanuel County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafterward were it not for the provision of the Act, shall be collected by said county tax-commissioner and paid into the treasury of Emanuel County, Georgia. Fees paid into treasury. Section 10. Be it further enacted by authority aforesaid, that the compensation of the tax-commissioner shall be $4,000 per annum, said compensation to be paid in equal monthly payments, until the same is changed by law. All commissions or fees now paid to the tax-receiver and tax-collector of Emanuel County, shall be turned over to the fiscal authorities of Emanuel County. Salary. Section 11. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said county tax-commissioner shall take the oath now prescribed by law for the tax-collector, and shall give bond in double the amount of money reasonably estimated by the County Commissioners of Emanuel County to pass through his hands annually, which bond shall be signed as surety by a bonding company legally authorized to do business in the State of Georgia, and the fee or cost for the suretyship on said bond shall be paid out of the funds of Emanuel County, Georgia, as part of the expense of county government. Section 12. 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,

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the whole of this Act shall not thereby become void, but only so much of the same as may be held to be unconstitutional; the purpose of this Act being to put into effect the constitution of this State, as is contained in article eleven (11), section three (3), paragraph one (1). Invalid parts. Section 13. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1943. FORSYTH BOARD OF COMMISSIONERS CREATED. No. 111. An Act to create a Board of Commissioners of Roads and Revenues for Forsyth County, Georgia; to define the powers and duties of said Board; to prescribe number and method of selection of its members; to name three Commissioners and designate the Chairman, to name and designate the term for which they will serve, to provide the time and manner of election of their successors; to provide for the selection of a Chairman of Board succeeding the one herein appointed, to provide for the election of a Clerk for said Board and a 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 Georgia, and it is hereby enacted by authority of the same, that a Board of Commissioners of Roads and Revenues for the County of Forsyth, Georgia, is hereby created. Said Board shall consist of three members who shall be qualified voters of said county, and whose further qualifications,

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method of selection, except as otherwise herein provided, shall be the same as that now provided by the Constitution of this State for other county officers. Section 2. Be it further enacted by the authority aforesaid, that the membership of said board of commissioners shall, from and after the passage and approval of this Act, to and including December 31, 1944, and until their successors are elected and qualified as herein provided, be as follows: A. C. Kenemore, Chairman, Nathan Poole and Homer G. Howard; and that their successors in office to the members herein named shall be elected at the same time and in the same manner as other county officers whose term of office begin January 1, 1945. Commissioners named. Section 3. Be it further enacted by the authority aforesaid that the term of office for commissioners elected, as provided for in Section 2 of this Act, as successors to the Board herein named shall be for a term of four years beginning January 1, 1945, or until their successors have been elected and qualified. Terms. Section 4. Be it further enacted by the authority aforesaid, that should a vacancy occur in the membership of said board of commissioners it shall be the duty of the Ordinary of Forsyth County to immediately call a special election for the purpose of electing a member or members to fill such vacancy, of which election at least twenty days notice shall be given by publication in the official newspaper of the county and by posting such notice at the courthouse in said county. Said election shall be held within forty days from the occurrence of such vacancy. The successful candidate in such special election shall hold office for the unexpired term of his predecessor. Vacancy. Section 5. Be it further enacted by authority aforesaid, that the members of said Board of Commissioners of Roads and Revenue herein named, and their successors in office,

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shall, before assuming the duties of their office, take and subscribe the following oath of office: I do solemnly swear that I will well and truly discharge the duties of Commissioner of Roads and Revenue of Forsyth County in all matters requiring my official action, to the best of my knowledge and ability; and I will so act as in my judgment will be most conducive to the welfare and best interest of the entire county; so help me God; and shall give bond with good security in the sum of five thousand ($5,000.00) dollars, payable to the Ordinary of said County of Forsyth and his successors in office, conditioned for the faithful performance of their duties as such commissioners, which said bonds shall be filed, approved and recorded by said ordinary in his office. In the event a surety bond is given by said commissioners the premium thereon shall be paid from the county funds of said Forsyth County, Georgia. Oath. Bond. Section 6. Be it further enacted by the authority aforesaid, that the compensation of the Chairman of said Board of Commissioners shall be one hundred ($100.00) dollars per month and the other members of said Board of Commissioners shall be paid a per diem of five ($5.00) dollars per day, with a minimum of two hundred ($200.00) dollars per annum, each. Salary and per diem. Section 7. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall be authorized to elect a clerk of said board, whose duty it shall be to keep in permanent form a complete record of the official acts of said board, including the receipt and disbursement of all county funds, to perform such other duties as may be required of him by said board. Said Clerk shall receive for his services such compensation as may be fixed by said board, but not to exceed the sum of seventy-five ($75.00) dollars per month. Said board, in its discretion, may require said clerk to give bond with good security for the

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faithful performance of his duties as such clerk and may pay the premium on such bond from the county funds of Forsyth County, Georgia. Clerk. Section 8. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenue shall meet in regular session at the court-hourse on the First Wednesday in each month, and may adjourn from day to day or recess to any later date in said month, or may convene in special meeting upon call of the Chairman at any time as the business of said Board or of the County of Forsyth may require. In all such board meetings a majority of the membership of said board shall constitute a quorum for the transaction of any business coming before it, and any official action of said board shall be determined by a majority vote of the members present, the Chairman being authorized to make motions and vote thereon as other members. Section 9. Be it further enacted by authority aforesaid, that said Board of Commissioners of Roads and Revenue 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. Said board may likewise employ a county physician to render services to convicts and prisoners in jail and shall pay said county physician a reasonable sum of compensation for such services. County attorney. Physician. Section 10. Be it further enacted by the authority aforesaid, that said Board of Commissioners hereinafter elected to succeed the board herein named, shall on their first meeting elect one of their members Chairman of such board, and shall at such time elect their clerk. Such chairman so selected shall receive the salary herein designated

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for the Chairman, and shall have such other powers and duties herein given to the Chairman herein named. Section 11. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues shall have exclusive and original jurisdiction over all of the property of the county and over all of the county affairs; that they shall levy a general and special tax for specific county purposes; they shall establish, alter, and abolish roads and bridges, in conformity with law, construct, maintain, and work the public roads and highways of the county, establish and change election precincts and militia districts; control, operate, and manage the chaingang of the county in any such legal manner as they deem to the best interest of the county, and may, at their discretion, make such provisions as are necessary for dispensing with said chaingang when its continuance appears to be no longer to the best interest of the county. Jurisdiction. Section 12. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues shall examine and audit all accounts and claims against the county, and authorize the payment of such as are proper; shall examine and audit the accounts of all officers having care, management, keeping, collecting, or disbursing county funds or money appropriated for the benefit and use of the county, and bring such officials to settlement whenever necessary; that they shall regulate and manage the paupers and disburse the pauper funds of the county, and shall co-operate with the State Welfare Division in such matters, and in such other matters as may be to the best interest of the county. Audits. Section 13. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenue shall supply, by appointment or election as now provided by law, all vacancies in county offices heretofore devolving

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by law upon the ordinary of said county when sitting for county purposes; and shall have and exercise all power heretofore vested in the ordinary when sitting for county purposes, and shall exercise such other powers as are granted by law, or may be indispensable to their jurisdiction over county matters and county finances. Section 14. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues shall be authorized to employ a superintendent of roads and bridges and/or county warden, as well as such agents, guards, and other employees as they may find necessary to properly carry on the public work of the county, to require such bond of any such employees as they may consider necessary, and to fix the compensation of all such employees. Said board of commissioners shall be authorized to pay from the county funds such actual expense as may be required and incurred by any member or employee of said board in necessary travel on official business of said county, when such expense has previously been approved by the board. Said board may, within its discretion, assign the duties of superintendent of roads and bridges to the Chairman of said board. Employees. Section 15. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenue shall have authority to enter into contracts for any public works of the county which may be authorized by law, and which in their judgment may be for the best interest of the county; but in no event shall said board enter into any contract with themselves or with any firm or corporation in which either member of said board may be interested. Contracts. Section 16. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act, be and the same are, hereby repealed. Approved 18, 1943.

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FULTON CIVIL SERVICE BOARD. No. 314. An Act to create a Civil Service Board in Fulton County, to Provide for the appointment and removal of the members of said Board and their qualifications, term of office and salaries; to Prescribe the duties of the Civil Service Board; to Provide to what employees the provisions of this Act shall be applicable; to Provide for the classification and qualification of employees; to Provide for a minimum, intermediate, and maximum salary schedule for classified employees; to Provide for the holding of examinations under the provisions of this Act; to Provide for probationary period of employment; to Provide how and in what manner and for what reason employees may be demoted, suspended or discharged; to Provide for trials of employees charged with the violation of Civil Service rules or the provisions of this Act; to Provide a uniform procedure for handling the personnel affairs of such county; to Provide for promotions, suspensions, reduction and removal of county employees; to Provide for the Certification of payrolls, the administering of oaths, the keeping of records and furnishing of information in connection with the uniform procedure herein prescribed; to Prohibit county employees coming under the provisions of this Act from doing certain things in violation thereof; to Provide for the method whereby employees under the unclassified service may come under the classified service; to Provide a penalty for all persons violating the provisions of this Act; to Provide for a Secretary to the Board and define his powers and duties and prescribe a salary for such secretary; to Provide for removals in the interest of economy; to Establish re-employment lists and provide for leaves of absence and vacation; to Provide leave for county employees in military

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service; to Fix the responsibility for the conduct of the affairs of County Government; to Provide for the bonding of employees under classified services; to Provide that the provisions of this Act are separable in the event a portion thereof is declared unconstitutional; to Provide for the repeal of conflicting laws; and for other purposes, so as to provide a complete merit system for employees of Fulton County. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that a Civil Service System is hereby created in Fulton County, as follows: System created. Section 1. Index to Civil Service Act. Section 2. Definitions. Section 3. Appointment, Removal, Compensation and Duties of the Fulton County Civil Service Board. Section 4. Appointment, Removal, Compensation and Duties of the Secretary, Fulton County Civil Service Board. Section 5. Unclassified Service and Classified Service. Section 6. Status of Incumbents. Section 7. Method of Filling Vacancies. Section 8. Certification and Appointment. Section 9. Temporary and Provisional Appointment. Section 10. Examinations. Section 11. Ratings and Eligibility. Section 12. Promotions. Section 13. Re-employment.

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Section 14. Transfers. Section 15. Demotions. Section 16. Suspensions. Section 17. Lay-offs. Section 18. Removals. Section 19. Appeals. Section 20. Political Activity. Section 21. Residence. Section 22. Dismissal for Violation. Section 23. Penalties. Section 24. Oaths. Section 25. Bonds of Employees. Section 26. Constitutionality. Section 27. Effective Date. Section 28. General Repeals. Section 2. Definitions. The following terms, when used in this Act, shall have the following meanings unless the context clearly requires otherwise: Words defined. (1) Classified Service means all offices and positions of trust and employment in the service of Fulton County except those placed in the unclassified service by this Act, and those covered by other Civil Service Acts enacted heretofore. Classified Service shall not include office employees of the Police, Fire, and Education Departments who are covered by the Civil Service rules of their departments. Classified Service shall include the employees of the County Department of Public Welfare and Health

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only in the event that the terms and conditions specified in Section 5 (II) hereinafter are made operative. (2) Board means the Fulton County Civil Service Board. (3) Secretary means the Secretary of the Fulton County Civil Service Board. (4) Appointing Authority means the officer, commissions, boards, or bodies having the power of appointment, employment or election to, or removal from subordinate positions in any office, department, commission, board of institution; or any person or group of persons having the power by virtue of the constitution, statute, or lawfully delegated authority to make appointments or employments to the position in the Fulton County Employment Service. (5) County Commissioners means Commissioners of Roads and Revenue of Fulton County. (6) Position means any office or place of employment in the service of Fulton County, Georgia. (7) Classified Employees means any employee holding a position in the Classified Service. (8) Public Hearings means an opportunity given after public notice of at least five days for any person or persons to appear and be heard on the matter involved. Section 3. Appointment, Removal, Compensation and Duties of the Civil Service Board. (1) There is hereby created and established the Fulton County Civil Service Board which shall consist of three members of known sympathy to the merit system who shall have been residents of Fulton County for two years or more. The initial members of the Fulton County Civil Service Board shall be as follows: Board created. George A. Giesefor term ending December 31, 1944. Members.

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Herman Steinichenfor term ending December 31, 1946. G. Frank Garrisonfor term ending December 31, 1948. Thereafter all appointments for the Civil Service Board shall be as follows: The Chairman of the Fulton County Commission of Roads and Revenue shall nominate the members of the Board subject to confirmation by a majority vote of the County Commission at its next regular meeting after said nominations are made. Such nomination shall be announced by publication in the official organ of the county at least one week before said meeting of the County Commission. All appointments shall be for a term of six years, and the members shall serve until their successors have been appointed and qualified. The members shall annually elect one of their members as Chairman of the Board and one member as Vice-Chairman. Two members of the Board shall constitute a quorum for the transaction of business. Vacancies in the office of said Civil Service Board created by death, resignation or otherwise shall be filled by nomination of the Chairman and confirmation by the Board of County Commissioners after publication as provided for regular appointments herein and such appointment shall be for the unexpired term. No member of the Board shall hold any other lucrative office or employment under the United States Government, the State of Georgia, or any political subdivision thereof, except the office of Notary Public or in the military forces. Appointments. (2) A member of the Board may only be removed for cause after charges have been filed with the County Commission. Such charges must be filed in writing and a copy furnished the member sought to be removed, the member shall be entitled to a public hearing before the County Commissioners, and removal shall be accomplished only after

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such hearing and a majority vote of the entire Board of the County Commissioners. Removal. (3) The members of the Board shall be paid at the rate of ten dollars ($10.00) per diem for the time actually devoted to the business of the Board, but no member shall be paid for more than thirty-six days of service for the first year after the effective date of this Act, and thereafter not more than twenty-four days of service in any one year. Per diem. (4) The Board shall keep its office and shall hold its meetings in the Fulton County Court House, and all of said meetings shall be open to the public. The Board shall hold regular meetings at least once monthly, and as often in addition thereto as the Board may provide. (5) It shall be the duty of all officers having charge of public buildings of Fulton County to allow the reasonable use of space and room therein, and to heat and light for the holding of any examinations or investigations provided for by this Act in all proper ways to facilitate the work of the Board. It shall be the duty of the Board as a body: (a) After a public hearing and proper investigation during which the County Commissioners, Appointing Authorities, and the Classified Employees shall be afforded every opportunity to be heard to adopt, rescind, and amend rules and regulations for the administration of this Act; to set up a classification plan for all positions covered by this Act, together with a minimum, intermediate, and maximum salary schedule for such positions, which when adopted by a majority vote of the County Commissioners, it shall be the duty of all Appointing Authorities and other employees of Fulton County to which these rules, regulations, classifications, plans, salary schedule, and any modifications thereof may relate to assist in all proper ways in carrying them into effect. The prevailing wage rate shall be the basic minimum salary schedule for skilled mechanics,

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holding positions in the Classified Service under this Act. Notice of the contents of such rules, regulations, classification plan, salary schedule and any modifications thereof shall be given to all appointing authorities affected thereby, and shall be printed for public distribution. Duties. (b) To hear and determine appeals and complaints respecting the administrative work of the Secretary, filed with the Board by any appointing authority or classified employee and such other matters as may be referred to the Board by the Secretary. (c) To make such investigations as may be requested by the County Commissioners where general Fulton County employees are affected, or on its own motion and to report thereon. (d) To keep minutes of its own meetings and such other records as the Board may deem necessary. (e) To examine and approve or modify the annual report prepared by the Secretary and submit such report to the County Commissioners on or before the first day of December of each year transmitting therewith any suggestions it may approve for the more effectual accomplishment of the purpose of this Act, and to supervise generally the work of the Secretary in the administration of the provisions of this Act. Such report shall be made available to any interested groups. Section 4. Appointment, Removal, Compensation and Duties of the Secretary. (1) The Board shall appoint a Secretary. Such a Secretary shall have been a resident of Fulton County for one year or more and shall be a person competent, trained, and experienced in the field of personnel administration and thoroughly in sympathy with the application of merit and sound business principles in the administration of personnel. Secretaryduties.

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(f) To require the attendance of witnesses and the production of books, papers, public records and other documentary evidence pertinent to any investigation in connection with the administration of the provisions of this Act. (g) To make an annual written report to the Board. (h) To perform any other lawful act required to carry into effect the purposes and spirit of this Act. Section 5. Unclassified Service and Classified Service. (1) The Unclassified Service shall consist of the following: Unclassified. Service. (a) Officers elected by the people and persons appointed to fill vacancies in such elective offices. (1) Provided in the offices of the Clerk of the Superior Court, Tax Receiver, Tax Collector, Sheriff and Ordinary, if the Chief Deputy in any of said offices should elect not to be a candidate in the succeeding election, he shall revert to his former status in the classified service. (b) Members of the Board or special commissions appointed by the County Commissioners for special purposes, who serve without compensation. (c) The clerk of the Board of County Commissioners. (d) Persons temporarily appointed or designated to make or conduct special inquiry, investigation, or examination where such appointment or designation is certified by the Board to be for employment which should not be performed by persons in the classified service. (e) Election officials. (f) Heads of Departments elected or appointed by the County Commissioners and/or by the Judges of the Superior Court.

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(g) The Marshall of the Civil Court of Fulton County and the Clerk of said Court. (h) Officers and employees in the Department of Police, Fire and Education having their own Civil Service or Tenure Rules. (i) Seasonal employees whose employment does not exceed three months in any one year. (j) Superintendents and Assistant Superintendents under the Board of Education, and other persons elected by said Board of Education for definite terms; librarians employed through the Board of Education; clerks in schools, and nurses, maids, and employees in cafeterias in schools. (k) Board of Tax Assessors, Board of Health, Board of Inspection Steam Fitters, Board of Public Welfare, and Jury Commissioners. (l) All employees of the Solicitor General's office. (m) Assistant Solicitors General, also Assistant Solicitors of the Criminal Court of Fulton County. (m) Personal Secretary of any Judge of the Superior, Criminal, Juvenile, or Civil Court of Fulton County and the official court reporters thereof. (o) All employees of the Fulton County Department of Public Works. Provided further that the employees of any Department of Fulton County under the unclassified service may come under the classified service and be governed by all of the provisions of this Act and the rules and regulations of the Civil Service Board created herein at any time in the future that the majority of the employees of said department shall sign a petition requesting to be so classified and file the same with the Secretary of the Board. Said Department

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shall be deemed to be in the classified service from the date of the filing of said petition with the Secretary and all employees of said department shall automatically come under the provisions of this Act as if they had been originally in the classified service as provided herein. (2) The Classified Service shall include all other public officers and employees in the employ of Fulton County now or hereafter employed, including deputies and employees in the office of the Clerk of the Superior Court, Sheriff, Tax Collector, Tax Receiver, Ordinary, Treasurer, Civil Court of Fulton County, Criminal Court of Fulton County, Tax Assessors, Juvenile Court, Adult Probation Office, employees of the Sanitary Department, and others not placed in the unclassified service. After the effective date of this Act, all appointments, employments, removals, promotions, demotions, transfers, lay-offs, re-instatements, suspensions, leaves of absence without pay, and changes in grade or title in the classified service shall be made and permitted only as prescribed in this Act, and not otherwise. Classified service. Employees of the County Departments of Public Welfare and Health shall be included under the County Civil Service System as set up herein, provided the State Merit System Council for the Welfare and Health Departments shall examine the rules and regulations of the Fulton County system in so far as they are applicable to the County Departments of Public Welfare and Health and certify that such rules conform to the State Welfare and Health Departments' Merit System and the rules and regulations promulgated thereunder and provided further that said rules and regulations in so far as they affect the County Welfare and Health Departments shall be in conformity with the minimum standards of the Federal Social Security Act. Provided further that the Board shall be authorized to

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enter cooperative agreements with other Federal, State, and municipal merit systems to permit use of registers and that the acquiring of status by individuals under any such system which has comparable standards to the one established herein shall as a result of agreement, give status under this or such other system. Section 6. Status of Incumbents. Any person holding a permanent position in the classified service of Fulton County other than those already under separate civil service rules as herein defined on the effective date of this Act, and any person who as of January 1, 1943 had been an employee of Fulton County for at least six months immediately preceding the effective date of this Act, shall continue to hold such position subject to the provisions of this Act and shall be deemed to be qualified for such employment and shall be entitled to receive a regular permanent appointment in accordance with the provisions of this Act provided that he shall file with the Civil Service Board within ninety (90) days after the effective date hereof a written certificate which shall include a complete history of his employment record on forms which shall be prescribed by the Board. Provided, however, that in the event the Fulton County Welfare Department and Health Department shall be covered under this system only those employees of the Welfare and Health Departments who, at the time of said covering under this system, have already received a permanent position under the State Merit System shall be entitled to a permanent position without further examination under the Fulton County system. Status. Any person entering the service of the United States and covered by the Soldiers and Sailors' Relief Act of Congress shall be conclusively presumed to have been on furlough or leave of absence during his period of service in the armed forces of the United States and shall be restored to his or

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her former or comparable position without loss of seniority, provided: Leave of absence. (a) He does not voluntarily extend his period of training and service beyond the expiration of his term during the present emergency. (b) He is still physically and mentally qualified to perform the duties of such position. (c) He makes application for re-employment within six months after his honorable discharge from the armed forces of the United States. Provided further that all employees of Fulton County coming under the provisions of the classified service who have entered the service of the United States Government as specified herein and who at the time of their entrance had been regular employees of Fulton County for a period of at least six months prior to entering said service, shall be deemed as regular employees coming under the classified service as provided in this Act and shall be entitled to all benefits provided hereby. This provision shall not apply to employees who volunily re-enlist at the expiration of the present emergency. Section 7. Methods of Filling Vacancies. Vacancies in the classified service shall be filled either by regular appointment, temporary appointment, re-employment, promotion, transfer, or demotion. The Secretary may advise with the appointing authorities as to which of these methods should be employed in each instance, but the decision shall rest with the appointing authority, provided, that temporary appointments may be made only in accordance with the provisions of this Act. The appointing authority shall fill vacancies in the classified service by promotion as far as deemed practical. Vacancies.

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Section 8. Certification and Appointment. Whenever a vacancy is to be filled by regular appointment, the appointing authority shall submit to the Secretary a statement of the duties of the position and a request that the Secretary certify to him the names of persons eligible for appointment to the position. The Secretary shall immediately certify to the appointing authority the names of the three persons standing highest on the register of such a class in which the position is established and if more than one vacancy is to be filled, the name of one additional person eligible for each additional vacancy, or all the names on the register if there be less than three. If it should prove impossible to locate any of the persons so certified or should it become known to the Secretary that any person is not willing to accept the position, the appointing authority may request that additional names be certified until three persons eligible and available for appointment have been certified, if there be as many as three on the register. The appointing authority shall then appoint one of the persons so certified to the position, except that, in the event he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary appointment of some other person. In the event that there does not exist any eligible register which the Secretary deems to be appropriate for the class in which the position is established, the Secretary shall proceed to prepare such an eligible register as soon as possible after the receipt of the request of the appointing authority that eligibles be certified. Whenever an eligible has been certified to, and rejected by, appointing authorities three times, the Secretary, after investigation, may with the approval of the Board remove the name of such person from the eligible register. All regular appointments to the classified service covered by this Act shall be for a probationary period of not exceeding six months, but the Secretary and

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the appointing authority may extend such probationary period to one year, except in the case of employees of the County Departments of Public Welfare and Health whose probationary appointments shall in no event exceed six months. If during this probationary period, the conduct or capacity of the probationer has not been satisfactory to the appointing authority, the probationer and the Secretary shall be notified in writing that he will not receive permanent appointment, otherwise retention in the service longer than for the probationary period of any employee shall constitute permanent appointment. Appointments. Section 9. Temporary and Provisional Employment. Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the Secretary. If such nominee is found by the Secretary to have had experience and training which appears to qualify him for the position, he may be temporarily appointed to such vacancy but only until an appropriate eligible register can be established and an appointment made therefrom, provided that the Secretary with the approval of the Board may approve provisional appointment to fill a technical or professional position which requires specialized knowledge or training and which cannot be filled from the eligible register. Successive temporary appointments for more than six months at a time shall not be made except with the approval of the Board, and then only in the interest of good service; provided, however, that no person shall be given a temporary or provisional appointment unless that person shall be found to have at least sufficient minimum qualifications to qualify to take the examination for the position to which he is provisionally appointed. Temporary appointments. Section 10. Examinations. Each eligible register shall consist of a list of all persons who have shown they possess the qualifications and have passed the tests which entitle

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them to be considered eligible for appointment to any position in the class for which the eligible register is to be prepared. The tests may take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, and other pertinent matters and may be written or oral or may be in the form of actual demonstration of fitness as the Secretary, with the approval of the Board, may determine. Such test shall be competitive, practical, free and open to all persons, citizens of Fulton County, who may be lawfully appointed to any position in the class to which they are held, with such limitations as to age, health, habits, character, and other qualifications as may be considered desirable and specified in the public announcement of the test. The Secretary shall establish or create examination committees from qualified persons to assist him in giving tests. Public notice of time, place, and general scope of every test shall be given. Tests. Section 11. Rating and Eligibility. (a) The Secretary shall appoint and supervise any necessary employees and incur necessary expenses for the administration of this Act within the limits of the appropriation to be provided by the County Commissioners. Provided, further, such appropriation shall be adequate for the proper administration of this Act. (b) The County Commissioners shall provide adequate quarters for the Board and the Secretary to administer the provisions of this Act. (2) All employees of the Board shall be in the Classified Service established under this Act and shall be employed in accordance therewith. (3) The Secretary shall take the oath of office prescribed for the County Commissioners and give bond in the penal sum to be fixed by the County Commissioners, for his faithful performance.

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(4) The Secretary shall hold his office during good behavior and may be removed only for cause after a public hearing by the Board. (5) The Secretary shall be paid a salary of Forty-Two Hundred Dollars ($4,200.00) per annum. Salary. (6) It shall be his duty: (a) To attend meetings of the Board, to act as its Secretary and to record its official actions. Duties of Secy. (b) To prepare, recommend, and administer the civil service system, the rules, regulations, classification plan and salary schedule for the proper administration and execution of this Act. The rules and regulations as adopted by the Board, and approved by the County Commissioners, shall govern the examination procedure, formulation of registers of eligibles, certification of persons qualified for appointment to the classified service, administration of appointments, transfers, demotions, promotions, suspensions, lay-offs, re-employments, resignations, leaves of absence without pay, dismissals, and other matters pertaining to the proper administration of this Act. (c) To establish and maintain a roster of all officers and employees in the employ of Fulton County who are covered by this Act, showing for each such person the date of appointment, the title of position or positions held, the initial rate of compensation and all changes thereof, and such other data as deemed desirable and pertinent. (d) To check all payrolls or other compensation for personnel service in the classified service periodically, at such times as the Secretary, or the Board, may deem consistent for the proper administration of this Act. (e) To recommend to the Board and the County Commissioners proper classification of new positions created in

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the Fulton County Employment Service covered by this Act, according to duties and responsibilities. Examination papers shall be rated on the scale of one hundred, and the subjects therein shall be given such relative weights as may be prescribed. In rating these papers, no person shall willfully or corruptly make any false mark, grade, estimate or report on the examination or proper standing of any person examined under this Act, or willfully or corruptly make any false representation concerning the persons examined, or willfully or corruptly furnish to any one special or secret information for the purpose of improving or injuring the chances of appointment or promotion of any person examined. All competitors rated seventy or more shall be eligible for appointment, and their names shall be placed on the proper register according to their attained ratings. The term of eligibility shall be one year, commencing with the date on which the name of eligible is entered on the register. This term may be extended in the discretion of the Secretary for all those on any register when conditions of good administration render it inexpedient to hold a new examination. Rating. Section 12. Promotions. Promotions of employees to positions having a different and higher classification covered by this Act shall be made only according to merit and fitness, which, so far as practicable, shall be ascertained by competitive examinations. Such examinations shall be conducted by the Secretary at the request of the appointing authority. Section 13. Re-employment. (1) Whenever any employee in the classified service, who has been performing his duties in a satisfactory manner as shown by the records of the department or other agency in which he has been employed, is laid off because of lack of work or lack of funds, or has been on authorized leave of absence and is ready to

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report for duty when a position is open, or has resigned in good standing and with the consent of the Secretary and the head of the department or other agency under whose jurisdiction he was employed, and has withdrawn his resignation without being restored to his position, the Secretary shall cause the name of such employee to be placed on the re-employment list within three years thereafter when vacancies in the class occur. The order in which names shall be placed on the re-employment list for any class shall be in the order according to dates of application for re-employment. No person shall be reinstated or have his name restored to a re-employment list unless such resignation is withdrawn within three years after it has been presented and accepted. All employees under the classified service who may hereafter enter the service of the United States as specified herein shall upon being honorably discharged therefrom be eligible for re-employment under the classified service as provided in this Act and shall be restored to their former positions, provided, however, they file application with the Board within six months from date of such discharge. Armed Service. This provision shall not apply to employees who voluntarily re-enlist in the service of the United States at the expiration of the present emergency. (2) When a vacancy exists which the appointing authority has decided to fill by re-employment, the appointing authority shall submit to the Secretary in such form as may be prescribed by the Board a request that the Secretary certify to him the names of persons eligible for re-employment in the class in which the vacant position is established. The Secretary shall immediately certify to the appointing authority the names of persons on appropriate registers. Section 14. Transfers. An appointing authority may, at any time, transfer any classified employee under his jurisdiction

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from one position to another in the same classification, provided that the Secretary has authorized the transfer of the employee from one department to another and has received approval from both appointing authorities concerned. In every such case the appointing authority shall give written notice of this action to the Secretary. No transfer shall be made to a competitive position in the classified service above the lowest grade, unless the appointing authority shall certify to the Secretary, who shall make proper investigation therewith, that the position involved cannot be adequately filled by promotion from the personnel in the respective department. Section 15. Demotions. An appointing authority may in accordance with the rules and regulations established by the Board, demote for cause a classified employee under his jurisdiction from a position in one class to a position in a lower class, but only after the employee and the Secretary have been notified in writing of such contemplated action. Any employee so demoted shall have the right to appeal his demotion to the Board. The Board can then approve his demotion or re-instate him to his former position if, in its opinion, the demotion is not justified. Appeals. Section 16. Suspensions. An appointing authority may in accordance with the rules and regulations established by the Board, upon giving written notice to an employee and the Secretary, suspend for cause a classified employee for disciplinary purposes without pay for a period not to exceed thirty (30) days in any twelve months' period. Section 17. Lay-off and Leave of Absence Without Pay. An appointing authority may lay off a classified employee whenever he deems it requisite due to unusual condition or shortage or stoppage of work or funds. In every case of this kind, the appointing authority shall, before the effective date thereof, give written notice of his contemplated action

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to the employee involved and to the Secretary. Any person who has been appointed to a position in the classified service, or who shall have attained a Civil Service status under the provisions of this Act, other than a temporary or provisional appointee, and who has been laid off for the reasons stated in this section of the Act, shall have his name placed on an appropriate re-employment register. Leave of absence for a period not to exceed six consecutive months may be granted to any employee without pay upon request of the employee when approved by the appointing authority. Any leave of absence for a period in excess of six consecutive months as provided herein shall be obtained only with the approval of the Board. Section 18. Removal. Any appointing authority may dismiss a subordinate in the classified service for cause, upon filing with the Board copy of written notice furnished the employee to be removed, setting forth in detail the reasons for such action, before the effective date of such removal, The dismissed employee shall have an opportunity to answer the charges in writing within ten (10) days, and to file with the Board affidavits in support of such answer. All papers filed in the case shall be subject to inspection by the persons affected. Such action of the appointing authority shall be final, except the Board may re-instate an officer or employee so removed in case it appears after proper hearing that the removal was made for personal, political, or religious reasons and not justified. The Board, may, after proper investigation of the circumstances surrounding the dismissal and the fairness thereof, approve the transfer or re-employment of the employee involved either to the same position, if approved by the appointing authority, or to a lower position as the Board may direct. Provided, however, the Board within thirty (30) days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion,

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or on the motion of any party, reopen the case and vacate, modify or revise its former order so as to lessen, but not increase, the penalty imposed, but after the end of such thirty (30) days, the Board shall not have any authority to reopen such case for any cause. Dismissals. Section 19. Appeals. Whenever the Secretary refuses to examine an applicant or after examination to certify an eligible, as provided in this Act, then the Secretary, if requested by the person so effected, shall give to him a full and explicit statement of the exact cause for such refusal to examine or certify as the case may be. The person so rejected may ask for a review of the case by the Board, which shall be granted, and said Board by a majority vote, shall have power to render a final decision in writing to the person asking for the review. Such decision of the Board shall be binding on all concerned. Section 20. Political Activity and Recommendations. In applying the provisions of this Act or in doing any of the things hereby provided, no person whosoever shall give any consideration to political or religious affiliations. No person holding a position in the classified service shall directly or indirectly solicit or receive in any manner or be concerned with soliciting or receiving any assistance or subscriptions or contributions for any political purpose, or participate in any form of political activity whatsoever, other than to express privately his views as a citizen and to cast his vote in any election. No recommendations for any person who applies for office or position in the classified service, or for examination under the provisions of this Act, except as to character, and in the case of former employees as to ability, shall be considered by the Board, the Secretary of the appointing authority, in giving any examination, appointment, promotion, or reinstatement under the Act. Section 21. Residence. Positions in the classified service

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shall be filled by citizens of Fulton County who have been residents of Fulton County for at least two years immediately preceding the date of examination. In the discretion of the Board, residence requirements may be waived only for technical and professional positions for which qualified applicants who are residents of Fulton County cannot be obtained. Removal of residence outside of Fulton County shall be grounds for removal unless permission to remove residence is granted for just cause by the Board and approved by the County Commissioners. Section 22. Dismissal for Violation. Any person in the classified service violating any provision of this Act may be dismissed from the classified service but shall be entitled to a written copy of the charges and an opportunity to a fair hearing before the Board prior to said dismissal. Section 23. Penalties. Any person who shall willfully or corruptly violate any of the provisions of this Act shall be guilty of a misdemeanor, and shall on conviction thereof be punished as for a misdemeanor prescribed by the laws of Georgia, and if such convicted person be in the classified service, he shall be dismissed therefrom and shall not be eligible for re-employment, re-instatement, or re-appointment for a period of three years, from date of such conviction. Misdemeanor. Section 24. Oaths. The Board and all employees in the classified service shall take an oath of office as prescribed by law for their respective positions. The Board and Secretary are authorized to administer oaths. Section 25. Bonds of Employees Under Classified Service. (1) Any employee under classified service who is employed in any department under the control and office of an elected officer who is or may be responsible for the acts of such employee as a deputy, may be required as a condition of his employment to give bond with good security in an

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amount satisfactory to the head of such department, conditioned to indemnify such officer or head against loss by reason of the conduct of such employee or deputy, or because of any error made by any employee or deputy in the performance of his or her duties as an employee or deputy. The premium of said bond shall be paid by the treasurer of Fulton County. (2) Should the amount of bond required be deemed by the Board arbitrary, unreasonable or oppressive, and appeal shall lie to the Superior Court which shall have the authority to set the amount of such bond. Appeal to Superior Court. (3) The Board shall have the right in its discretion to require bonds of employees other than those specified in the preceding sections, where the duties of such employee make a bond necessary or desirable but his provision shall not forbid the County Commission or other authority coming under County Government to require any employee handling funds or performing duties of trust to post bonds. Bonds in other cases. Section 26. Constitutionality. Should any section or provision of this Act be held unconstitutional or invalid, such section or provision shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional. Invalid parts. Section 27. Effective Date. This Act shall take effect June 1, 1943. Effective date. Section 28. General Repeal. All acts and parts of acts which are inconsistent with the provisions of this Act are hereby repealed. Approved March 15, 1943.

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FULTON COUNTY PENSIONSAMENDING ACT. No. 389. An Act to amend an Act Authorizing the Board of Commissioners of Roads and Revenue for Fulton County to establish rules and regulation governing the payment of pensions to county employees of said county, being that same Act in Georgia Laws 1939, pages 571-578, as amended in Georgia Laws 1941, pages 846-851; to provide for pensions for employees who become employees of said county by virtue of the consolidation of Departments of Government; to provide that said employees shall not be required to participate in the pension fund of Fulton County, but may do so; and to provide for the benefits and requirements in the event of an election to share in pension benefits; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act entitled Fulton County Pensions, Georgia Laws 1939, pages 571-579, as amended Georgia Laws 1941, Pages 846-851, be amended by providing that in the event of the consolidation of any department or departments which will result in employees of any municipality within said Fulton County becoming employees of said Fulton County by virtue of said consolidation by operation of law, said employees so affected shall, in the event they elect to do so, be entitled to share in the pension fund so created and under the same terms and conditions as provided in the original Act and as amended; and shall be entitled to such other benefits under the terms and conditions herein stated. Acts of 1939 and 1941 amended. Employees of consolidated departments. Section 2. If any employee so affected shall desire to

Page 995

participate in the pension fund of Fulton County he may do so, but he shall not be required to do so so long as he continues to share in the pension fund and to make payments to any pension fund which has been created by law for the municipality in which he was employed. Optional participation. Section 3. That any employee so affected may, however, by his own election, become entitled to share in the pension fund created for Fulton County, and in this event he shall be entitled to add to his years of service with said County the years of service with said municapility, and upon the payment of the amounts which would have been required had be been in the County's employ. Entitled to share in pension fund. Section 4. If any employee so elects he shall be entitled to all of the benefits provided for employees of Fulton County, and thereafter shall be subject to all of the requirements provided for employees who contribute to said Fulton County Pension Fund. Benefits. Section 5. That all laws and parts of laws in conflict with this amendment be, and the same are hereby repealed. Approved March 19, 1943. FULTON PENSION BOARD. No. 423. 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

Page 996

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 the 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, which act was approved March 3, 1939 and appears in Georgia Laws 1939, pages 571 to 579, as amended by Act approved March 27, 1941 appearing in Georgia Laws 1941, pages 846 to 851, 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 required to pay; to increase the amount of the contributions by individual employees; and for other purposes; so as to further amend said act, as heretofore amended, in the following particulars, to-wit: so as to create, define the jurisdiction of and provide for the personnel of a Pension Board for Fulton County; to provide the procedure before said board and for the selection of employees' representatives thereon;

Page 997

to define the scope and the effect of the judgments of said board and to provide for the right of certiorari therefrom to the Superior Court of Fulton County; to authorize said pension board to make and enforce rules and regulations covering matters within its jurisdiction; to transfer to said pension board the control and management of the pension fund created by this Act; to continue in force, and provide for the payment of all pensions lawfully allowed by the Board of Commissioners of Roads and Revenues of Fulton County prior to the passage of this Act; to provide for the right of arbitration of any question of disability of a living person in a case pending before said board; so as to make pensions provided by said Act as amended payable as a matter of right; to adjust and fix the amount of all pensions hereafter allowed and payable under said Act as amended, and to change the amount of contributions required to be made to the pension fund by county officers, deputies and employees; to provide new benefits to officers, deputies and employees for causes and after periods of service not covered by prior law; to provide new benefits to qualified widows and to qualified minor children after additional contributions by officers, deputies and employees for that purpose; to fix the amount of such additional contributions and to define the term qualified widows and qualified minor children as used in this amendment; to provide the causes for which refunds may be made to employees or their representatives from the pension fund created by said act and the amounts of said refunds; to provide for the re-entry of officers, deputies and employees into said pension fund upon re-employment, and to fix the terms and conditions of such re-entry; to require Fulton County, beginning with the year 1944, to pay to the pension fund created by said Act an amount equivalent to the contributions of all employees, officers and

Page 998

deputies during each current year, and the payment by Fulton County of any additional amount necessary to meet current obligations of said pension fund; to fix the amount of pensions payable to widows and dependent minor children of officers, deputies and employees killed in performance of duty, and the conditions of such payment; to provide a new election for officers, deputies and employees not so required to participate in the pension fund and the benefits created by this Act including the employees of the Department of Welfare and to define the terms and conditions and effect of such election; to make participation in the pension fund created by this Act mandatory as to officers, deputies and employees whose period of service commences after the date of passage of this Act, (other than employees of the school department, and officers elected by the people); to provide a probationary period during which no contribution will be required of a new officer, deputy or employee and no pension rights will accrue to such person or his beneficiary and the extent of participation after such probationary period is ended; to provide for the counting of years of service as officer, deputy or employee of Campbell of Milton County, or years of service as a deputy to any officer of Fulton County prior to adoption of the salary system in determining rights hereunder; to provide for inclusion of salaries paid to employees by the State of Georgia or by the Federal Government in determining their contribution to the pension fund or the amount of pensions payable to them or their beneficiaries; to provide on conditions and for purposes herein named for the preservation of the service status of officers, deputies and employees entering the military or naval services of the United States; to provide a separability clause, to repeal conflicting laws, 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 above entitled Act as heretofore amended, be and the same is hereby further amended in the following particulars: Acts amended. There is hereby authorized and created a Pension Board for Fulton County to consist of three members of the Board of Commissioners of Roads and Revenues of said County and of two county employees to be chosen by county employees who are contributing to the pension fund provided by this Act. Said Pension Board shall, beginning July 1, 1943, pass on and determine the eligibility and qualifications of all persons applying for retirement or for pensions under the above entitled Act or any amendment thereto, and also the eligibility and qualifications for pensions of any party who may have, prior to the date of approval of this Act, filed any application for retirement or for a pension pursuant to said Act which has not been acted upon by said Board of Commissioners prior to the approval of this amendment. Pension Board created. Authority to pass on applications. All members and officers of the Pension Board hereby created shall serve without pay. The Clerk of the Board of Commissioners of Roads and Revenues for Fulton County shall be ex-officio clerk of said Pension Board, the County Treasurer of Fulton County shall be ex-officio Treasurer of said Board. Said Treasurer shall handle and disburse all funds in the control of said Pension Board, and beginning July 1, 1943, all monies and securities to the credit of the pension fund created by the above entitled Act shall be transferred to the control of the Pension Board hereby created and administered in accordance with the requirements of this Act. Officers and members. The three members of the Board of Commissioners of Roads and Revenues to hold office on said Pension Board shall be chosen annually by the County Commissioners

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at their regular January meeting in each year and serve for a term of one year or until their successors are elected and qualified. The first three Commissioners to hold office for the six-month period beginning July 1, 1943, shall be chosen by said Commissioners at the regular June meeting 1943, of said Board of Commissioners. Three board members. Terms of office. The first two county employees to hold membership on said Pension Board shall be elected by employees contributing to said pension fund, for terms of one and two years respectively (the candidate receiving the highest number of votes to be given the two-year term), and their successors shall be elected for a term of two years. The Clerk herein named is authorized to call a meeting of said employees for the purpose of electing the first two employee representatives, and annually thereafter for the same purpose. A majority vote of qualified employees attending said meetings shall be necessary to elect. Vacancies on said Pension Board shall be filled in the same manner. Said Pension Board shall elect its own chairman and vice-chairman, and hold at least one public meeting during each month at the Court House. Correct minutes of all proceedings of said Board shall be kept and a certified copy thereof, duly authenticated by the ex-officio Clerk of said Board shall be admissible in evidence in any Court of this State. Each member of said Pension Board before entering upon his or her duties as a member of said Board, shall take an oath to faithfully execute all duties as a member of said Pension Board, which oath shall be in writing and recorded on the minutes of said Board. Two county employees elected by contributors. Vacancies. Meetings. Minutes. Oath. Section 2. Be it enacted by the authority aforesaid, that the above entitled Act is further amended by striking and eliminating Section 2 of said Act and by substituting in lieu

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thereof a new section to be known as Section 2, reading as follows: Sec. 2 stricken. Section 2. Any pension lawfully allowed prior to this date by the Board of Commissioners of Roads and Revenues of Fulton County pursuant to authority contained in the above Act or any prior amendment thereto, is continued in force to the same beneficiaries, for the same amount and upon the same conditions as provided by law at the time which pension was granted. It shall be the duty of said Pension Board to pay in the manner and form and under the conditions and limitations herein set forth, all pensions properly allowed by said Board of Commissioners prior to the approval of this Act, and all pensions hereafter allowed by the Pension Board hereby created or by the Superior Court after certiorari thereto from the judgments of said Pension Board. New Sec. 2. Prior pensions to be paid. Section 3. No officer or employee of Fulton County and no deputy entitled to benefits under the above entitled Act or any amendment thereto, and no widow or child of such officer, deputy or employee, shall be granted a pension at any time after the passage of this Act (except in cases provided by Section 13 of the above entitled Act) until after the judgment of a majority of the members of the Pension Board created by this Act, which Judgment shall be entitled in the case, duly entered upon the minutes of said Pension Board, and shall be binding on the applicant and on Fulton County as parties thereto. The judgment of said Pension Board shall be based upon the sworn testimony of witnesses or documentary evidence produced before such Board and the investigation of such Pension Board shall in every case cover all facts and circumstances material to the right of the applicant to obtain a pension and the amount thereof. Judgments granting pensions. If, during the course of such investigation, either the applicant or Fulton County shall demand arbitration upon

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any question of disability of a living person, such arbitration shall be granted by referring the question of disability to three physicians licensed to practice medicine in the State of Georgia. One physician so licensed, shall be named by the party making the demand by the written selection filed with the Clerk at the time demand is made. The opposite party shall, within five days, likewise name his physician and the two so chosen shall select a third physician. Such physicians shall thereupon examine the applicant and determine whether or not the applicant is disabled as claimed. The decision of a majority of physicians so selected shall be conclusive upon all parties on the question of disability and the extent thereof and shall be incorporated in the judgment of the Pension Board as a part thereof. Arbitration. Either the applicant or Fulton County may, within thirty (30) days from the judgment of the Pension Board, apply to the Superior Court of Fulton County for the writ of certiorari, which writ said Superior Court shall have jurisdiction to grant, in the same manner and upon the same terms and conditions that such writs are now provided by law. Certiorari to Superior Court. The right of the Board of Commissioners of Roads and Revenues for Fulton County to retire an employee under circumstances provided by Section 13 of the above entitled Act as amended, shall not be limited by this Section. Employees so retired by said Board of Commissioners pursuant to the authority contained in Section 13 and their beneficiaries herein named, shall be allowed and paid as a pension the amounts provided by this Act according to their classification and the employee's length of service. Retirement. The Clerk or any member of said Pension Board is authorized to swear witnesses testifying before such Board. Either party shall be entitled upon application to said Pension Board to compulsory process for the attendance of

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witnesses or the production of documents, by subpoena or subpoena duces tecum, signed by the Clerk and bearing teste in the name of the Pension Board, which subpoenas shall be directed and served and shall be effective to compel the attendance of witnesses and the production of documents before said Board, in the same manner as now provided by law for subpoenas issued by clerks of Superior Court. Either party may likewise require the production of documents by the opposite party upon notice to produce as now provided for Superior Court trials. Witnesses appearing and testifying upon trials before said Pension Board shall be entitled to the same compensation as now provided by law for witnesses appearing and testifying in the Superior Court of Fulton County. Fees of witnesses testifying before said Pension Board shall be paid from said pension fund. Any witness refusing to produce, appear or answer, without legal excuse, a question lawfully propounded to him, material to an issue before said Board, shall be guilty of contempt and upon certification of said Act by any Court Commissioner serving at such trial, or by said Pension Board, the Judge of said Superior Court shall punish such witness for contempt in the same manner as though committed before him. Hearings. A majority of the members of said Pension Board shall constitute a quorum and a quorum of said Pension Board shall be necessary for the transaction of any business or the conduct of any hearing before said Board. Rules and regulations heretofore established by the Board of Commissioners of Roads and Revenues for Fulton County for the administration and enforcement of the above entitled Act, not inconsistent herewith, shall remain in force and effect and shall govern applications to and any procedure before said Pension Board, with the right and power in the Pension Board hereby created to establish new rules and regulations

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not inconsistent herewith governing matters within its jurisdiction. Quorum. Section 4. Jurisdiction and authority to grand and to pay to employees pensions provided by Section 4 of the above entitled Act as heretofore amended is transferred to the Pension Board hereby created. Not more than one pension shall be granted by any authority based on the service of a single officer, deputy or employee. Subject to this limitation, the following classes of employees, officers and deputies of Fulton County shall be eligible to receive pensions to be paid from said pension fund under the conditions and limitations set out in said Act and the amendments thereto: Jurisdiction of board. There is hereby established for employees, officers and deputies hereafter allowed a pension under this Act after completing twenty-five (25) years of service on the payroll of said County, a standard monthly pension of one-half the wages or salary paid such employee, officer or deputy at time of retirement, not exceeding the maximum herein provided. The maximum pension payable hereunder to an officer, deputy or employee with twenty-five (25) years of service on the payroll of said county shall be $75.00 per month. This maximum amount shall be increased by an additional $1.50 per month for each additional full year of service by the person upon whose service the pension depends, except that no pension shall in any event exceed $90.00 per month. For example, the amount of pension allowed an employee qualified to receive the standard pension and earning $200.00 per month, after twenty-six (26) years of service, would be $76.50 per month, while the same employee earning the same salary after thirty (30) years of service and entitled to a standard pension under this section, would

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receive $82.50 per month, and after thirty-five (35) years of service the sum of $90.00 per month. Classes of employees, etc., eligible for pensions. (a) Any regular employee, officer or deputy of said county (male or female) who has been in active service and on the payroll of said county for a period of twenty-five (25) years and who has attained the age of fifty-five (55) years, if otherwise eligible to a pension, may, as a matter of right, retire and receive from the treasurer of Fulton County the standard pension herein provided for such employee's years of service, to be paid to such employee during the term of such employee's natural life. (b) Any regular employee, officer or deputy of said county (male or female) who has been in the active service and on the payroll of said county for fifteen (15) years or more, and whose health during said period of service becomes totally and permanently impaired by reason of injury, ill health, age or infirmity shall, as a matter of right, be entitled to and receive a disability to be paid from the pension fund hereby created. If such employee at the time of applying for such disability pension has had twenty-five (25) years of service as a county employee, the amount of such disability pension shall be one-half the salary or wages which such officer, deputy or employee was receiving at the time his or her health became totally and permanently impaired, except that the maximum amount to be paid to any employee as a pension under this section shall be the sum of $75.00 per month. Said amount provided for disability after twenty-five (25) years of service shall be known as the full disability pension. If the health of such person shall become totally and permanently impaired in the manner herein provided after fifteen (15) years of service as an employee of said county but before the expiration of twenty-five (25)

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years of service, then a disability pension shall be allowed such person as a matter of right, but the amount thereof shall be reduced to such portion of a full disability pension as the years of service of such employee bear to twenty-five (25) years. To illustrate, the amount of such disability pension after twenty (20) years of service would be 20/25 of the full disability pension herein provided. Section 5. The above entitled act is further amended by striking and eliminating Section 5 thereof as heretofore amended, and by substituting therefor a new section to be known as Section 5, reading as follows: Sec. 5 strickent. Section 5. All officers, deputies and employees of Fulton County required to contribute to the pension fund provided by this act and amendments thereto shall, beginning with the first month following approval of this Act, contribute and pay to the pension fund created hereby, two and one-half (2%) per cent of his or her monthly salary or wages, except that the maximum contributions heretofore and hereafter required to be paid per month. Said contribution shall be paid over to the treasurer of Fulton County as a trust fund for said employees and other employees and their respresentatives now or hereafter entitled to benefits under this Act and the amendments thereto, shall be aggregated with contributions heretofore and hereafter required to be paid to said fund by other officers, employees and deputies and said entire fund shall be managed and administered by the Pension Board hereby created for the benefit of said officers, deputies and employees. New Sec. 5. Contributions. No refund shall ever be made to any person of any part of the contribution to said pension fund by any officer, deputy or employee if such officer, deputy or employee, or his beneficiary herein named was ever, at any

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time, allowed or is entitled to receive, a pension under any section of this Act or any amendment thereto. No further contribution shall be required by any officer, deputy or employee during the time that such party or his beneficiary herein named is receiving a pension under this Act. Refund prohibited. Should any officer, deputy or employee of said county who has contributed to said fund die, resign or be dismissed from the service of said county without having received a pension of any kind, and without having a qualified beneficiary entitled to a pension to be paid from the pension fund hereby creater, then such contributing officer, deputy or employee or his personal representative as the case may be, shall be entitled to a refund of a percentage of such employee's contributions required by Section 5 of this Act or by amendments thereto, to be measured as follows: Said refund shall be the full amount of such officer's deputy's or employee's contribution (originally two (2%) per cent and then two and one-half (2%) per cent) required by Section 5 of said Act and by amendments thereto, less two per centum (2%) of such contributions for each year that such participating officer, deputy or employee, while in life, received protection under said Act. To illustrate, if at the end of the first year of service such employee should resign after having paid into said fund pursuant to Section 5 the sum of $10.00, the amount of refund to such employee or his representative would be $9.80; and if such protected employee should leave the service of the county or withdraw after the expiration of ten years of service but before the expiration of eleven years, after having paid in pursuant to Section 5 the sum of $100.00, the amount of the refund herein provided for such employee or his representative would be eighty (80%) per cent of $100.00, or $80.00. There shall likewise be refunded

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to any person so leaving the service of the county, without having received or without having qualified beneficiary entitled to receive, any pension under this Act, the full amount of the additional one (1%) per cent of salary or wages paid by such contributing party for the additional benefit for widows and minor children established by Section 21 which is added by this amendment. Refund in case of death or resignation. Should any employee, deputy or officer of Fulton County who has resigned or been dismissed from the service of Fulton County, after having been paid from the county treasury or from the pension fund hereby created any amount as a refund of any portion of his or her contribution, thereafter again becomes an employee or deputy or officer entitled to share in the pension fund created by this Act or any amendment thereto, neither said employee, deputy or officer nor any beneficiary claiming by reason of his or her service shall thereafter be eligible or entitled to receive any pension under this Act or any amendment thereto, unless and until such returning employee, deputy or officer has first repaid into said pension fund the full amount theretofore withdrawn by such returning party from said fund, together with three per centum (3%) interest thereon from date of re-entry to date of payment. Resignation or dismissal Section 6. The above entitled act is further amended by striking and eliminating Section 3 thereof, and by substituting therefor a new section to be known as Section 3, reading as follows: Sec. 3 stricken. Section 3. Be it further enacted by the authority aforesaid, that the Board of Commissioners of Roads and Revenues for Fulton County or other county authority shall, beginning with the calendar year 1944, annually appropriate and pay to the Pension Board hereby created,

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an amount equal to all contributions made during such current year by employees, deputies and officers to the pension fund created and authorized by this Act, including contributions provided by Section 21 which is added by this amendment. Said county authority may make said contribution from any available revenue and shall, if necessary, levy an annual tax to provide funds for said purpose. Such sum annually appropriated and paid by the county authority into said pension fund shall be combined with the contributions of employees authorized by this Act and they shall together constitute the General Employees Pension Fund of said County, which shall be administered by the Pension Board hereby created and shall be free from the control of any county authority for any other purpose and used only for the payment of pensions. Should said pension fund at any time be insufficient to meet and pay pensions lawfully granted to employees, deputies and officers or their beneficiaries lawfully entitled thereto, then said Board of Commissioners of Roads and Revenues or other county authority shall, from year to year, supplement said fund by an appropriation from any revenue which may be lawfully used for said purpose, in an amount sufficient to meet all obligations against said pension fund for any current year. The authority having control of said pension fund is authorized from time to time to invest and reinvest in securities lawfully issued by the United States Government or by the State of Georgia, or by any county, school district or municipality thereof, any portion of said pension fund not currently needed to pay lawful claim against same. New Sec. 3. Pension fund. Section 7. Be it further enacted that the above entitled Act be and the same is hereby amended by striking and eliminating Section 6 thereof as heretofore amended, and

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by enacting in lieu thereof a new section to be known as Section 6, reading as follows: Sec. 6 stricken. Section 6. Beginning with the first month following the approval of this Act, the Commissioners of Roads and Revenues for Fulton County or other county authority shall deduct from the monthly salary or wages of each officer, deputy or employee required or electing to contribute to the pension fund hereby created, two and one-half (2%) per cent of the monthly salary or wages paid to such contributing officer, deputy or employee, but not exceeding $4.50 per month, and pay same into the General Employees Pension Fund authorized and created by this Act. All officers, deputies or employees electing to secure the benefits and privileges for widows and minor children provided by Section 21 which is added by this amendment, shall, on or before the time required, give notice in writing of such election to the Board of Commissioners of Roads and Revenues or other county authority of said county. After the receipt of such notice said county authority shall deduct from the monthly salary or wages of such electing officer, deputy or employee an additional one (1%) per cent of his or her monthly salary or wages (not exceeding $1.80 per month) as required by Section 21 which is added by this amendment. Said additional one per cent shall be paid into said General Employees Pension Fund and used exclusively for the same purposes herein provided for other contributions thereto. No sum of money contributed by employees, officers or deputies to said pension fund shall be to garnishment or other process, nor to assignment by any contributing employee or representative. New Sec. 6. Contributions deducted from salaries. Section 8. Be it further enacted by the authority aforesaid, that Section 7 of the above entitled Act be and the same is hereby repealed.

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Section 9. Be it further enacted that Section 10 of the above entitled Act be and the same is hereby amended so as to add to said Section the words except as herein provided, so that Section 10 of said Act as amended, shall read as follows: Sec. 10 amended. Section 10. Be it further enacted by the authority aforesaid, that upon the death of any pensioner of any of the classes set forth in this Act, his or her pension shall cease and determine and shall not continue to be paid to his or her heirs, executors or administrators, except as herein provided. To be read. Section 10. Be it further enacted by the authority aforesaid, that Section 11 of the above entitled Act is hereby stricken and a new section to be known as Section 11 enacted in lieu thereof, reading as follows: Sec. 11 stricken. Section 11. Be it further enacted that if any regular officer, deputy or employee who has contributed to said pension fund the amount required by Section 5 of this Act, be thereafter killed in the performance of duty as such officer, deputy or employee, then his widow (and in the event he leaves no widow, his dependent minor children) shall be eligible and entitled to receive as a pension two-thirds (2/3) of the standard monthly pension to which said employee would have been entitled if he had chosen to retire as of the date of his death. If such officer, deputy or employee so killed in the performance of duty had not completed twenty-five (25) years of service on the payroll of said county, then the amount of the pension to be awarded to his widow or minor children shall be two-thirds (2/3) of the standard monthly pension for an employee with twenty-five (25) years of service. A pension to a surviving widow under this section shall be paid to her only during life or widowhood and thereafter to the minor child or children, if any, under

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the age of seventeen years and unmarried. Upon the death or the re-marriage of any widow or upon the death or marriage or the attainment of the age of seventeen years of any minor child, the interest of such widow or child in the pension created by this Section shall terminate. Any pension payable by this Act to minor children shall be paid to the qualified guardian of such minor children for distribution among them in equal shares. New Sec. 11. Pension to widow when death occurs in line of duty. Section 11. Be it further enacted by the authority aforesaid, that a new section to be known as Section 20 be added to the above entitled act, reading as follows: New section added. Section 20. The present employees of said county, including deputies, clerks in the various departments and other personnel not directly under the control of the Commissioners (including employees in the Welfare Department) who have not previously elected to obtain the benefits of this act may, within a period of sixty days from the passage of this act, elect to obtain the benefits thereof by giving written notice to the Clerk of the Board of Commissioners of Roads and Revenues for said county and by paying to the treasurer of Fulton County for credit to the pension fund, such sum of money as will equalize such officer's, deputy's or employee's contribution with the contribution of other employees similarly situated with respect to salary and length of service, together with an additional sum equal to three and one-half (3%) per cent thereon to the date of election, which payment may be made at the time of election or in equal monthly installments over a period not to exceed twenty-four months from date of election; provided, that no pension shall be paid to, or on account of the service of, such electing officer, employee or deputy and no pension rights shall accrue to the widow or minor children of such electing officer, employee or deputy unless and

Page 1013

until such employee or deputy has first paid into such pension fund the amount required hereby, including interest, and provided further that if a right to a pension should accrue to such employee, officer or deputy or his qualified beneficiary herein named, after such election but before paying the full amount required by this section, such unpaid portion shall be deducted from any pension granted hereunder. If such electing officer, deputy or employee desires the benefits provided by Section 21 which is added by this amendment, such officer, deputy or employee shall notify said Clerk accordingly during said sixty-day period and, beginning with the month next following such election, pay into said pension fund the additional one (1%) per cent of salary or wages required for the additional benefits provided by Section 21. Sec. 20. Employees who have not elected to obtain benefits. When the contribution of such electing employee or deputy has been equalized as herein provided with the contributions of other employees similarly situated with respect to salary and length of service, such employee or deputy or his beneficiary named in this Act shall then become entitled to credit on his pension status for all years of his or her service as an employee of Fulton County, including service for years prior to any interval or intervals during which said person was not an employee of Fulton County. Should any employee or deputy as to whom the application of this Act is optional make the election and the contribution herein provided and thereafter die, resign or be dismissed from the service, or from any cause cease to be a deputy or employee or said County, without having received a pension of any kind and without having a qualified widow or qualified minor child entitled to a penson under said Act or amendments thereto, then such selecting employee or his personal representative as the case may be, shall be entitled to the same refund of the

Page 1014

same percentage of such employee's or deputy's ordinary contribution as provided by Section 5 of said Act as amended for other deputies and employees. Section 12. Be it further enacted by the authority aforesaid, that a new Section be added to said Act to be known as Section 21, reading as follows: New section. added. Section 21. No benefit provided by this Section for the widow or minor child of an employee or deputy shall accrue to any person unless the employee or deputy upon whose service such benefit depends shall, during the entire remaining period of such employee's or deputy's service, beginning with the first month following the approval of this Act, contribute and pay into said fund an additional one per cent (1%) of such employee's or deputy's salary or wages, over and above the two and one-half per cent (2%) required by Section 5 of this Act as amended except that the maximum contribution for all benefits provided by this Section shall be $1.80 per month and except that employees and deputies making an election under Section 20 added by this amendment shall commence making said one per cent (1%) contribution at the time therein provided. Sec. 21. Benefits for widow and minor children. The term `qualified widow' as used in this Section refers to and includes only a surviving widow who has been the wife of the deceased officer, deputy or employee for a period of five years prior to his retirement, or for a period of five years prior to the time when such officer, deputy or employee was entitled to retire, or a period of five years prior to the death of such pensioner, and who remains unmarried, except that the date of marriage to such deceased officer, deputy or employee shall not be material where death results from accident connected with employment by the county of such deceased officer, deputy or employee.

Page 1015

The term `qualified minor children' as used in this section refers to and includes only surviving minor children who are unmarried and not more than sixteen years of age. As to employees making the additional contribution of one per cent (1%) provided by this Section for the period of time hereby required, the following additional rights and benefits shall accrue to their surviving widow or children who are qualified as herein defined: (a) Upon the death of a pensioner from cause other than in the performance of his duty as an employee (which death in performance of duty is covered by Section 11 of said Act), the pension provided by said Act as amended shall be continued to his qualified widow, if any, during the term of her natural life or widowhood, and after her death or re-marriage to such pensioner's qualified minor children, except that the amount of such pension paid to such widow or minor children shall be two-thirds (2/3) of the amount of the pension provided by Section 4 of said Act as amended for such pensioner during lifetime. In case such employee was eligible to apply for and receive a pension under any section of this Act as amended, but failed to do so and contnued in the active service of the County until death without having applied for and received a pension, then and in that event the qualified widow as herein defined, and if none the qualified minor children may apply for and receive as a pension two-thirds (2/3) of the amount to which said employee would have been entitled if he had applied therefor immediately prior to death. Such pension if paid to a qualified widow shall be paid to her for and during the term of her natural life or widowhood and thereafter continued to the employee's minor children during the period of their qualification.

Page 1016

(b) In any case where any employee who has made for the time herein required the additional contribution of one per cent (1%) of his earnings provided by this Section shall die while in active service after having not less than fifteen years active service as an employee of said County, his qualified widow, if any, and if none his qualified minor children shall be entitled to apply for and receive as a pension two-third (2/3) of the amount that such employee would have been entitled to receive in the future, had such employee not died but had become as of the date of death totally and permanently disabled as defined in sub-paragraph (b) of Section 4 of this Act as amended. In other words, the amount of the pension to be paid to such qualified beneficiary under these circumstances shall be two-thirds (2/3) of the amount that such employee would have received had he not died, but instead, had become as of the date of death totally and permanently disabled and for that reason applied for and received a pension hereunder. As an illustration, if an employee earning $150.00 a month should die after having served eighteen (18) years and nine (9) months, his beneficiary would under this section be entitled to receive as a pension two-thirds (2/3) of eighteen twenty-fifth (18/25) of the amount the employee would have received had he been totally and permanently disabled at the end of eighteen (18) years, the same being the sum of $36.00 per month. Any pension allowed to a qualified widow hereunder shall be paid to such widow only during her natural life or widowhood and upon her death or remarriage shall be paid to the qualified minor children of such employee as herein defined. (c) Upon the death or the re-marriage of the widow of a county employee, her entire interest in any pension provided for her by any section of this Act shall terminate. Likewise, upon the death or the marriage or the

Page 1017

attainment of the age of seventeen years by any minor child, such minor child's interest in any pension provided by any section of this Act shall terminate. Not more than one pension shall be allowed in the right of one county employee under all sections of this Act and the amendments thereto and when paid to minor children said pension shall be paid to the qualified guardian of minor children for distribution among them in equal shares. Section 13. Be it further enacted by the authority aforesaid, that a new Section to be known as Section 22 be added to the above entitled Act, reading as follows: New section added. Section 22. Participation in the pension fund created by authority of the above entitled Act and amendments thereto shall be mandatory as to all deputies of elective officials and all officers and employees of whatever character entitled to participate whose period of service commences at any time after the date of the passage of this Act, other than employees in the Welfare Department, policemen, firemen, supernumeraries and officers elected by the people, with the exception that participation for new employees and deputies shall be deferred for a probationary period of ninety (90) days as provided by Section 23 which is added by this amendment. As to all participating employees whose term of service commences after the passage of this Act, the same contributions shall be required and the same benefits paid and the same conditions imposed as elsewhere provided in this Act for employees generally. Sec. 22. Participation mandatory. Section 14. Be it further enacted by the authority aforesaid that a new section to be known as Section 23 be added to said Act, reading as follows: New section added. Section 23. Nothwithstanding any provision or clause of said original Act or of any amendment thereto, no

Page 1018

employee of Fulton County and no deputy hereafter employed shall be required to make any contribution to said pension fund and no percentage whatsoever shall be deducted from his salary or wages for any purpose named in this act, or any amendment thereto, for a period of ninety days after the commencement of his or her employment as an employee or deputy; likewise, no pension rights shall accrue to any such new employee or deputy, or to his widow or minor children, for any purpose during said ninety day period. In the event such new employee or deputy retains his connection with Fulton County or as a deputy after said ninety day period, then the full amount of contributions required by this act of other similar employees or deputies during said ninety day period (including the additional one per cent provided by Section 21 if such new employee or deputy has made the election therein provided), shall be paid by said new employee to the treasurer of Fulton County or, together with the full amount of contributions required for the fourth month of service, shall be deducted from the fourth month's salary or wages of such new employee or deputy. After such payment or deduction, but not before, such new employee or deputy otherwise qualified and his beneficiary herein named, shall acquire a pension status. After such pension status is acquired the period of service of such new employee or deputy for the purpose of ascertaining the amount of any pension to be paid to such new employee or his beneficiaries herein named, shall date from the beginning of his or her employment. It is the intention of this paragraph of this amendment to institute and require in all cases a probationary period of ninety days, during which a new employee or deputy shall not contribute to, and may not acquire any rights under, the pension fund created by this act and the amendments thereto but that such new employee

Page 1019

or deputy may, after the expiration of said ninety day period, make the contributions and acquire the same pension status as other employees beginning with date of employment. Sec. 23. Probationary period of ninety days. Section 15. Be it further enacted by the authority aforesaid, that a new section to be known as Section 24 be added to the above entitled Act, reading as follows: New section added. Section 24. For the purpose of determining the number of years of service of any officer, deputy of an officer, or employee of Fulton County who formerly served as an officer or employee or as the deputy of an officer of Campbell County or Milton County (later merged with Fulton County), all years of service by such officer, deputy or employee as either an officer or an employee or a deputy of an officer, of the counties above named, shall be counted for the purpose of determining all rights under this Act, or any amendment thereto. Sec. 24. Former employees of Campbell and Milton counties. Section 16. Be it further enacted by the authority aforesaid, that a new section to be known as Section 25 be added to the above entitled act, reading as follows: New section added. Section 25. In determining the number of years of service of any person on which any pension right under this act depends, any prior years of service of a deputy to any officer of Fulton County prior to the adoption with respect to such office of the salary system, and during the time that such officer was on a fee basis, shall be counted. Sec. 25. Section 17. Be it further enacted by the authority aforesaid, that a new section to be known as Section 26 be added to the above entitled act, reading as follows: New section added. Section 26. Any officer, deputy or employee required to participate, or participating by election in the pension

Page 1020

ever, including any second period of voluntary enlistlists into the land or naval forces of the United States and called to active duty therein, shall be entitled to have the time spent in such military service (not, however, including any second period of voluntary enlistment) counted in determining pension rights which may accrue to such person or his beneficiary named in this Act, at any time after such person again becomes an officer, deputy or employee of Fulton County, provided and on the condition that such person does not withdraw any part of his or her contribution to the pension fund established by this Act and that such person shall, within a period of twelve months from honorable discharge from said land or naval forces again enter the service of said county as an officer, deputy or employee and within such twelve-month period pay into the pension fund created by this Act a sum equivalent to the regular contributions required of other officers, deputies and employees for the months for which payment may not have theretofore been made by returning officer, deputy or employee, based upon the salary or wages which such party was earning as an officer, deputy or employee of said county at the time of such party's call to active duty. The provisions of this section relate exclusively to the privilege of maintaining the status (with reference to years and continuity of service) of officers, deputies and employees returning, after military or naval service, to the services of said county, and shall not confer any pension rights on any person by reason of death or disability during such period of military or naval service. Sec. 26. Status of employees in military or naval service. Section 18. Be it further enacted by the authority aforesaid, that a new section to be known as Section 27 be added to the above entitled act, reading as follows: New section added. Section 27. Effective with the first month following the passage of this Act, the contribution to the pension

Page 1021

fund required of employees of Fulton County whose salary or wages are paid in part by the State or Federal Government and pensions payable to such employees and their beneficiaries herein named, shall be measured by the full amount of the salary paid to such employees, including the portion paid from the treasury of Fulton County and also the portion paid by the State of Georgia or by the Federal government or any agency thereof. Sec. 27. Effective date. Section 19. Be it further enacted that if any part, parts or section of this Act should for any reason be declared unconstitutional, such decision shall not affect the validity of any remaining portion of this Act, which remaining portion shall continue in force as if such act had been passed with the unconstitutional portion thereof eliminated, and it is hereby declared the intention of the General Assembly that it would have adopted the remaining portion of this act without including therein any such part, parts or section which, for any reason, may hereafter be declared unconstitutional. Invalid parts. Section 20. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 20, 1943. GILMER COMMISSIONER AND ADVISORY BOARD. No. 168. An Act to create a County Commissioner of Gilmer County, Georgia; to create an Advisory Board of said County; to provide for the election of said County Commissioner and advisory board; to define their powers and duties; to fix their compensation; to name and designate the persons

Page 1022

to fill said offices of County Commissioner and the Commissioners composing the Advisory Board of said County; to fix their term of office; to provide for the appointment and fix the compensation of a clerk to the County Commissioner of said County, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act Gilmer County shall have a County Commissioner; whose term of office shall be for four (4) years, beginning January 1, 1943, and ending December 31, 1946. Ernest T. Hudson is hereby named and designated as County Commissioner of Gilmer County, and he shall hold office from the date of the passage of this Act until the first day of January, 1947. His successor shall be elected in the general election to be held in the month of November, 1946, which successor shall be elected under the same rules and regulations as now control the election of Ordinary and other County officers. In the event there should be a vacancy in the office of the County Commissioner of Gilmer County prior to the expiration of the term of said Ernest T. Hudson, herein fixed, such vacancy shall be filled by appointment of the Governor, such appointee to serve until the successor to the said Ernest T. Hudson is elected and qualified, as herein provided. Commissioner created. Term. Named. Successor election. Vacancy. Section 2. Be it further enacted by the authority aforesaid that said County Commissioner before entering upon the duties of his office shall give bond, with good and solvent security, the same to be approved by the Ordinary of said County, in the sum of Twenty Thousand ($20,000.00) Dollars, payable to the Ordinary of Gilmer County, and his successors in office, conditioned upon the faithful performance of his duties and the carrying out of the conditions thereof. Said Commissioner and his sureties shall be liable

Page 1023

on said bond for any breach thereof by way of malfeasance in office or any tort or wrong committed under color of office, as well as neglect of duties. That the said County Commissioner shall, before entering upon the discharge of the duties of his said office, make and subscribe to an oath before the Ordinary of said County, to faithfully discharge his duties and carry out the provisions of this Act to the best of his skill and knowledge, and to the best interest of the County. Bond. Oath. Section 3. Be it further enacted by the authority aforesaid that the compensation of said County Commissioner shall be Eighteen Hundred ($1,800.00) Dollars per annum, payable monthly at the end of each month. Compensation. Section 4. Be it further enacted by the authority aforesaid that the said County Commissioner may have a clerk to keep all the books and records of his said office, his salary to be fixed by said County Commissioner, together with the Advisory Board hereinafter created and provided for, but said salary is not to exceed the sum of Fifty ($50.00) Dollars per month. Said salary for said Clerk is to be in full compensation for his services, free from any prerequisites of any kind or character. Said Clerk shall perform all the duties required of him by said Commissioner in keeping all the records and minutes of said office and keeping the Commissioner's office open and all records open to public inspection by any taxpayer of said County. If no clerk shall be appointed the County Commissioner herein named, Ernest T. Hudson, and has successors in office shall discharge the duties of such Clerk. Clerk. Compensation. Duties. Section 5. Be it further enacted by the authority aforesaid that in the case of a vacancy in the office of County Commissioner, after the successor to Ernest T. Hudson shall have been duly elected and qualified, as hereinbefore provided, the Ordinary of said County shall serve until his

Page 1024

successor is elected and qualified. Such vacancy shall be filled at a special election called by the Clerk of the Superior Court of said County, which election shall be held within thirty (30) days from the date of the vacancy. All rules and regulations governing regular County elections shall govern all regular and special elections held under this Act. Vacancies. Section 6. Be it further enacted that any person to be eligible to hold the office of County Commissioner of Gilmer County, under the provisions of this Act, must be at least twenty-one (21) years old, shall have been a bona fide resident and a citizen of said County for two (2) years or more prior to his election, shall be a freeholder, shall be of good moral character. The said County Commissioner shall be ineligible to hold any other office of the County during his term of office as such. Eligibility. Section 7. Be it further enacted that said County Commissioner shall have, and he is hereby vested with exclusive jurisdiction and control over the following matters, to-wit: Jurisdiction and powers. In directing and controlling all the property of the County as he may deem best and expedient, according to law; County property. In levying taxes for general and special purposes, as provided by law; Taxes. In establishing, altering, or abolishing all public roads, public bridges and ferries, in conformity to law. Roads. He shall have exclusive charge and supervision of the chaingang of said county, of the construction and maintenance of all public roads and bridges of said County, and of all other public work of the County. Chaingang. He is hereby authorized and empowered to open and maintain public roads and bridges and to do any and all public work of the County with either convict labor or hired

Page 1025

labor, or with both, as is in accordance with the law and as appears to serve the best interest of the County. Public work. He is further authorized and empowered in building and maintaining public roads and bridges, building and repairing the public buildings of the County, and in having done any and all kinds of public work belonging to the County to have the work done by contract in such manner and in accordance with the law provided for such contracting. He shall appoint superintendents, guards, overseers and necessary labor and help as is necessary for operating the chaingang, in building and maintaining the public roads and bridges, and any and all public work of the County, as appears to be to the best interest of the County, having supervision over all such employees, with the power to employ and discharge the same. He shall be the chief purchasing and selling agent of the County for all animals, machinery, implements, materials and supplies of all kinds, whether in the construction and repair of the buildings, roads, bridges and for all public work of the County, and also for supplies for the use of the convicts. All such contracts, purchases and sales as herein referred to involving financial transactions shall be made subject to the conditions hereinafter provided. Purchasing and selling agent. He shall make such rules and regulations as are necessary and in accordance with the law for the support of the poor, for county police and patrol., when necessary for the protection of health and quarantine, as are granted or are not inconsistent with law. He shall appoint all minor officers, aids, help and assistants for the necessary and lawful purposes of the County where election is not otherwise provided by law. He shall examine, allow and settle all just claims against the County and shall examine and audit the accounts and

Page 1026

books of all officers having the care, management, keeping or disbursing of funds or money belonging to the County. He shall examine and audit the accounts, obligations and receipts of those who have charge of claims of any kind or nature in favor of the County. Claims and audits. Where it becomes necessary the said County Commissioner is hereby authorized and directed to take such legal steps as necessary to bring any defaulting official or person to account for failure of duty in such capacity or positions as are above mentioned. He shall have full power of establishing, changing or abolishing precincts or militia districts; in supervising the Tax Collector's and Tax Receiver's books; in allowing the insolvent list of the County; to levy taxes for County purposes; to examine the tax digest of said County for the correction of errors; to regulate and fix license fees as may be provided by law. The said County Commissioner shall exercise all powers and duties heretofore vested in the Ordinary of said County when sitting for County purposes, and shall exercise such other powers and duties in connection therewith as are granted by law or may be indispensable to his jurisdiction over County matters, except that in financial maaters, as hereinafter provided, he shall be subject to the limitations hereinafter provided. Powers of ordinary. Section 8. Be it further enacted that there be and there is hereby created an Advisory Board of Gilmer Ccunty, to consist of two (2) members to be known as Commissioners, to serve and act in conjunction with the County Commissioner of said County in the following matters only, to-wit: in any and all matters where County funds are to be spent or obligated by contracts or otherwise. In performing these duties said Commissioners who make up said Advisory Board shall devote such time as is necessary, and shall be

Page 1027

paid therefor the sum of Five ($5.00) Dollars per day for each day served. They shall meet with the said County Commissioner on the first Tuesday of each month and the said County Commissioner shall be Chairman of such meeting. Upon questions for determination of a majority vote of the three shall control. They shall not meet at any time during the month unless called by the said County Commissioner. Said Advisory Board shall have no jurisdiction or control over the affairs of said County heretofore delegated to said County Commissioner. They are to serve and act only in financial matters as above defined and specified. Advisory Board. Compensation. Meetings. Section 9. The two commissoners herein provided for, who shall constitute the Advisory Board, shall serve for terms of four (4) years beginning January 1, 1943 and ending December 31, 1946. Their successors shall be elected in the general election during the month of November, 1946. Terms of office. Homer Hill and O. Shafter Aaron are hereby named and designated as the two commissioners to constitute said Advisory Board, and they shall serve as such until the first day of January 1, 1947. In the event a vacancy should occur in either of their offices prior to the time their successors are elected and qualified, as here provided, such vacancy shall be filled by appointment of the Governor, which appointee shall hold office until the successor is elected and qualified, as herein provided, at the general election to be held during the month of November, 1946. Any vacancy which shall occur in the office of either of the Commissioners constituting said Advisory Board after their successors have been elected and qualified, as herein provided, shall be filled by appointment of the Ordinary for the unexpired term. Members named. Vacancies. Section 10. Be it further enacted that the said County

Page 1028

Commissioner of Gilmer County shall hold a regular court on the first Tuesday of each month for the transacting of public business pertaining to County matters, the same to be held in the courthouse in said County in the office in which the Clerk of said County Commissioner shall be located; provided said County Commissioner, together with said Advisory Board, may hold meetings at any time upon the call of said County Commissioner for the transaction of County matters. The said County Commissioner is hereby authorized to administer oaths and hear testimony as to all matters over which he has jurisdiction. When sitting as a court the said County Commissioner shall have power to punish for contempt under the same rules and regulations as provided for other courts of this State. Court. Proviso. Section 11. The County Commissioner and the Commissioners constituting the Advisory Board herein named shall be commissioned by the Governor, as are other officers, and their successors shall likewise be commissioned by the Governor. Commissioned by Governor. Section 12. Be it further enacted that upon the date of the passage and approval of this Act the present Commissioner of Roads and Revenues of Gilmer Couhty shall turn over to said County Commissioner all properties, funds, machinery, tool, stock and everything of value belonging to Gilmer County, which may be in his possession at that time. Section 13. Be it further enacted that the Clerk of said County Commissioner shall keep on record and in a separate book the payment of all money out of the County treasury or County depository by order of the County Cmmissioner or County Commissioner and Advisory Board, giving the amount and date of such payments, the persons to whom paid and for what purpose. Said Clerk shall also keep a book showing a full and detailed statement of all

Page 1029

accounts and/or other indebtedness contracted by the said County Commissioner and Advisory Board. Said Clerk, before entering on the discharge of his duties, shall be required to give bond and take the same oath as required by said County Commissioner, which bond shall be in the sum of One Thousand ($1,000.00) Dollars, payable to said County Commissioner, for the faithful performance of his duties. Said Clerk shall hold office at the discretion of the said County Commissioner. Records. Bond of Clerk. Section 14. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 23, 1943. GILMER COMMISSIONERREPEALING ACT. No. 167. An Act to repeal an Act to create the office of Commissioner of Roads and Revenues of Gilmer County; to name the person who shall fill such office from the passage of this Act until the first day of January, 1929; to provide for the election of his successor by the qualified voters of said County; to provide for filling vacancies which may occur: to fix his salary, define his powers and duties, and for other purposes, approved July 3, 1924, with all amendments thereto, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that an Act entitled An Act to create the Office of Commissioner of Roads and Revenues of Gilmer County; to name the person who shall fill such office from the passage of this Act until the first day of January, 1929; to provide for the election of his successor by the qualified voters of

Page 1030

said County; to provide for filling vacancies which may occur; to fix his salary, define his powers and duties, and for other purposes, approved July 3, 1924, with all amendments thereto, be and the same is hereby repealed. Act of 1924 repealed. Section 2. Be it further enacted by the authority aforesaid that this Act shall not go into effect until the Act creating a County Commissioner and Advisory Board for Gilmer County, as provided for in House Bill No. 418 is enacted by the General Assembly and approved by the Governor. 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 February 23, 1943. GLASCOCK BOARD OF COMMISSIONERS CREATED. No. 79. An Act to create a Board of Commissioners of Roads and Revenues in and for County of Glascock; to provide for each of the following, to-wit: Election of members of said board; to prescribe for the qualification, jurisdiction, duties, powers, compensation, term of office and filling vacancies; to authorize said board to create and fill such offices and positions as may be needed in said county; to define the duties, fix the compensation and provide for the election and removal of such agents and employees of said board, as board may deem proper; for county printing; that no member of said board shall be eligible to be an employee of said county or to act in any capacity for board or county, except as a member of said board and that no commissioner shall be paid any compensation,

Page 1031

except salary as commissioner; for three road districts of said county and for there members of said board; that no road machinery, car, truck or any other equipment or supplies for said county or commissioners costing $100.00 or more for each item or article shall be purchased or leased, except from the lowest bidder, upon a strictly competitive basis, after advertising for bids; that no gasoline, oil, fuel oil or any other similar product for use in the county's cars, trucks, machinery, be purchased, except under contract, let to lowest bidder, upon a strictly competitive basis, after advertising for bidders, and to provide, the period of time such contracts may be let; that no member of the immediate family of a commissioner shall be eligible to be appointed or elected by the commissioners to serve as clerk of the board, superintendent or supervisor of roads, or any other job or position where the salary or wage is to be paid by the commissioners or county; to define member of immediate family; for legal representation; when a commissioner may be allowed traveling expenses; that any taxpayer may sue any of the commissioners or their bondsmen for the violation of any provision of this Act; for public accountant to be employed annually to audit books and records of commissioners and officers that handle money belonging to country; that all records of said commissioners be open to the public for inspection daily, during office hours, and shall be kept at all times in court house or court house vault; that this Act take effect January 1st, 1945, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same; that a Board of Commissioners of Roads and Revenues for the County of Glascock is hereby created to

Page 1032

consist of three members, who shall be qualified voters of said county, and not less than 25 years of age at time of election, nor more than 70 years of age at time of election. Board of three. Age limit. Section 2. Be it further enacted by the authority aforesaid, that for the purpose of this Act, the county of Glascock shall be divided into three road districts, as follows: District number one shall be composed of the 1167 district, G. M.; District number two shall be composed of the 1168th district, G. M.; District number three shall be composed of the 1169 and 1234th districts, G. M. Road districts. Section 3. Be it further enacted by the authority aforesaid, that the three members for said Board shall be elected in the general election for State and County officers, to be held in and for said County of Glascock, in November 1944. The Commissioners of Roads and Revenues so elected in the general election for State and County officers of 1944, shall qualify and assume the duties of office on the first day of January, 1945. They shall each hold office for terms as other county officers and until their successors are elected and qualified. At elections for State and County officers, one member of said Board of Commissioners shall be elected from each of the three road districts, and no member shall be elected from any road district unless he is a bona fide resident of the same and has been for at least one year prior to his election, but each member shall be elected by the voters of the entire county, and not by the voters of his district alone. Election. Term of office. Section 4. Be it further enacted by the authority aforesaid, that should a vacancy from death, resignation, removal from the county, district, or otherwise, occur on said Board of Commissioners, the same shall be filled by appointment by the Governor of Georgia, until the first day of January, after the general election held next after such

Page 1033

vacancy occurs, and the appointment shall be made from the district from which the vacancy occurs. Section 5. Be it further enacted by the authority aforesaid, that each Commissioner, before entering upon his duties, shall give bond with good security to be approved by the Ordinary in the sum of $1000.00, payable to the Ordinary of said county, and his successors in office, and shall take and subscribe an oath before the Ordinary of said county to well and faithfully perform his duties as such Commissioner under this Act, which bond and oath shall be filed with the Ordinary and recorded upon his minutes. Said bond shall be for the faithful performance of the duties of the office of Commissioner and may be sued upon by the Ordinary on his motion, or by direction or request of the grand jury, or any taxpayer of said county, and any Commissioner and his sureties shall be liable for any breach thereof by way of malfeasance in office or for any neglect of duty. Bond and oath. Section 6. Be it further enacted by the authority aforesaid that the Commissioner residing nearest to Gibson, the county site, shall always be chairman of said Board; that it shall be the duty of the Chairman to preside at all meetings of the board and approve and sign the minutes of each meeting. The Board shall elect its own vice-chairman from among its number to act in the absence or in the event of a disqualification of the Chairman, and the vice-chairman shall exercise all the powers of the chairman when presiding. Chairman. Vice-chairman. The Chairman shall have the right to vote on all questions and perform any duties imposed upon him as a member of the Board of Commissioners, and usually incident to and connected with the office of the Chairman of such Board except as herein provided. Section 7. Be it further enacted by the authority aforesaid, that the Chairman of said Board shall receive a salary

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of Two Hundred Dollars per annum, and the other two commissioners a salary of One Hundred Dollars per annum, each, to cover all services in connection with the regular and special meetings of said Board, this to be paid in monthly installments, or quarterly, in the discretion of the Board, out of the county treasury, as other expenses of the county are paid. Compensation. Section 8. Be it further enacted by the authority aforesaid, that said Commissioners shall meet in regular session at the county site on the first Tuesday in each month, for the transaction of county business, but may meet in extraordinary session whenever, in their judgment, public necessity may require it, or at any time upon a special call by the Chairman; and they shall, at their first meeting after their organization, under this Act, or at any other time, appoint some suitable person to act as clerk of said Board, whose term of office shall be the same as that of the Commissioners, unless removed by the Commissioners for incompetency or malpractice in office, and whose compensation shall be $20.00 per month, to be paid monthly or quarterly, out of the county treasury, as other expenses of the county are paid. The clerk shall file with the Chairman of the Board, subject to his approval, a bond with good security, in the sum of $1000.00, payable to the Commissioners of Roads and Revenues of Glascock County. Said bond shall be for the faithful performance of his duties as clerk, and to account for all funds, property or effects, coming into his hands as such clerk, and may be enforced by the Commissioners by suit whenever malfeasance in office or neglect of duty occurs. It shall be the duty of the clerk to attend all meetings of the Commissioners and to keep well-bound books, to be provided by the Commissioners, at the expense of the county, full and accurate records and minutes of all their transactions; to file in the order of their date, all the original orders and other papers; to arrange and keep in

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order of their filing all petitions, application, and other papers addressed to said Commissioners and belonging to the Board; to sign, as clerk, all orders and warrants issued at the instance of said Board and to record in a separate book all orders made or approved by said Commissioners for the payment of money by the county treasurer, and all books, fees and records by this Act required to be used or kept shall be open at the county site for inspection of all taxpayers of the county, at all times. Meetings. Clerk. Compensation. Bond. Duties. Section 9. Be it further enacted by the authority aforesaid, that the said, Board of Commissioners shall be required to elect a superintendent of the roads and bridges of said county, to be selected on account of his efficiency, knowledge and skill in practical road building. The Superintendent shall not be a Commissioner nor engage in any other business, trade or calling, or hold any public office, during his term of service. Such Superintendent shall have charge of laying out, building, repairing improving and maintaining the public roads and bridges of the county, under the orders of the Board of Commissioners. He shall be subject to the orders of the Board and may be removed from office for inefficiency or neglect of duty in the judgment of the Board of Commissioners, such Superintendent shall, before entering upon his duties, give bond with good security, to be approved by the Commissioners, in the sum of $1000.00, payable to the Board of Commissioners of Roads and Revenues of Glascock County, conditioned for the faithful performance of his duties as such Superintendent, which bond may be enforced by suit in favor of the Board of Commissioners of Roads and Revenues of said County of Glascock on their own motion, or by request or direction of the grand jury of said county. He shall receive such salary as may be fixed by the Board of Commissioners, not to exceed $100.00 per month, but in no event shall his term of office, service of employment, extend beyond the

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term of office of the Board of Commissioners employing him. Said Superintendent shall perform the duties of convict warden, without additional compensation. Road superintendent. Qualifications. Duties. Bond. Compensation. Section 10. Be it further enacted by the authority aforesaid, that said Board shall have authority to employ such other servants, agents and employees, and to contract for such material, implements and road equipment as may be necessary to successfully carry on road construction and road and bridge repairs in said county, not contrary to this Act, or law. Section 11. Be it further enacted by the authority aforesaid, that no member of said Board shall be eligible to be an employee of the county or to act in any capacity for said county, except as a member of the Board, or hold any other office or position in said county or receive any compensation from said Board or county, except his salary as Commissioner. Eligibility. Section 12. Be it further enacted by the authority aforesaid, that said Board shall have exclusive jurisdiction when sitting for county purposes, over all matters concerning county property, county taxes, general and special; in establishing and changing militia districts and election precincts; and examining, auditing and settling accounts of all officers having care, management, collection, keeping and distribution of money belonging to the county, or appropriated for its use and benefit, except as hereinafter provided; in making rules and regulations for the support of the poor in the county; in establishing, altering and abolishing roads and bridges and in carrying out any and all of its details and enforcement of the road laws; and they are vested with the jurisdiction and powers that the old inferior court had and which were formerly vested in the Ordinary of said county, and Ordinaries of said State, when sitting for county purposes, and generally to have and exercise all the powers granted by law, or as may be indispensable and complete

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to the proper jurisdiction over county finances and county matters. The Commissioners, when sitting as a court, in regular or extra session, for the transaction of county business, shall have such power to inflict fines and impose penalties upon all persons subject to its jurisdiction for disobedience to its orders, precepts and processes as the judge of the Superior Court now has over such delinquent in such cases. Proceedings against such delinquents shall be in the manner and to the extent as now provided by law in such cases. The clerk of the Commissioners' court shall act instead of the Clerk of the Superior Court, and a quorum of Commissioners, instead of the judge of the Superior Court. Jurisdiction. Section 13. Be it further enacted by the authority aforesaid, that a majority of the Commissioners shall constitute a quorum for the transaction of any and all business. Quorum. Section 14. Be it further enacted by the authority aforesaid, that requisition shall be made by all county employees, agents and officers for supplies, equipment and material on the Commissioner, and before such supplies, equipment and material shall be purchased, authority must be obtained from the Commissioners to order and purchase the same, subject to the provisions hereinafter provided. Section 15. Be it further enacted by the authority aforesaid, that all obligations of the county, created under the provisions of this Act, shall be paid by county warrants, and as herein provided, unless otherwise provided by law, to the party to whom such obligation may be due. The Commissioners shall require at their regular monthly meeting lists of all employees, to be filed, showing the names of the employees, the dates and amounts due them for services rendered during the preceding month. Section 16. Be it further enacted by the authority aforesaid, that said Commissioners, whenever requested by the grand jury, shall prepare and submit to the grand jury, a

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complete itemized statement, in writing, showing the financial condition of the county, by showing receipts and disbursements, from what source money was received and for what purposes expended; and such further information and reports as the grand jury may call for from time to time and term to term. Financial statements. Section 17. Be it further enacted by the authority aforesaid, that the printing of all stationery, envelopes, official blanks, ballots, forms or any other kind of printing whatsoever, for the use of the Commissioners in their official capacity, and all county officers, which are paid for by the Commissioners in their official capacity, or with county funds, shall be printed, furnished and supplied by the print shop of the newspaper, which has been selected, and which may be selected from time to time, as the official organ of Glascock County, for the publication of sheriff's sales, ordinary's citation, or any other advertising commonly known and termed official or legal advertising. If the provisions of this section are violated, the Commissioners or county officer responsible, or their bondsmen, shall be liable for suit by the official organ newspaper of said county in a sum double the amount of the value of said printing, supplies, labor and paper used; in the event said newspaper fails to sue, within 90 days after the violation of this section, a suit may be brought at the instance and in the name of any citizen of the county and one-half of the recovery shall be paid to the person instituting the action, and the other half be added to the education fund of the county. Provided, however, that no part of this section shall be enforced in behalf of the local publisher when it can be made to appear that the materials purchased or services rendered by said publisher are at a price in excess of those for like materials or services charged or collected for in other counties. Section 18. Be it further enacted by authority aforesaid, that it shall be the duty of said Board of Commissioners of

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Roads and Revenues to make all purchases and contracts for purchases in excess of $100.00, upon a strictly competitive basis and to the lowest bidder, and to this end said Board, or the clerk thereof, under the direction of said Board, shall prepare monthly or quarterly estimates of the county's needs and requirements for the next succeeding month or quarter, and have such estimate published once, at least 10 days before contract is let, in newspaper in Glascock County wherein sheriff's sales are advertised, for which the legal rate of advertising shall be paid, and payment thereof shall be a proper charge against said county; said advertisement shall give notice of the proposed purchase and shall invite bids thereupon, stating the time and place of the opening of said bids and the making of said purchases of contracts of purchase; that such bids shall be received unopened and shall not be opened until the specified time and place, and at such specified time and place the bids so received shall be opened publicly, and the contract for purchasing said supplies, or the purchase of supplies shall be to the lowest and best bidder, and supplies purchased therefrom; that no road machinery, cars, trucks or other equipment or supplies for said county or Commissioners shall be purchased, except in the above manner. Bids. Section 19. Be it further enacted by authority aforesaid, that no gasoline, oil, fuel oil or any other similar product for use in the county's cars, trucks, road machinery, equipment, be purchased, except under contract, let to the lowest bidder, upon strictly competitive basis, after advertising for bids, as provided for in the section immediately preceding this section, provided, however, the persons bidding for the sale of gasoline, oil, fuel oil or any similar product used in the county's cars, trucks, road machinery, equipment, may contract to sell the county such products at a certain named sum, over and above the wholesale price for said products. No contract to be let for more than 6 months at the time.

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Section 20. Be it further enacted by authority aforesaid, that no member of the immediate family of a Commissioner of the Board of Roads and Revenues of Glascock County shall be eligible to serve as clerk of the Board of Commissioners of Roads and Revenues or as superintendent or supervisor of roads or convict warden, or any other job or position, where the salary or wage is to be paid by Commissioners or county. A member of the immediate family of a Commissioner, for the purpose of this Act, is a father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, mother-in-law, or father-in-law of a Commissioner of the Board of Roads and Revenues of Glascock County. Members of family prohibited. Section 21. Be it further enacted by authority aforesaid, that the county shall have legal representation and the office or position of county attorney is hereby created. The attorney residing in Glascock County at the time of the passage of this Act, who has resided in the county longer than any other attorney, shall be the county attorney; the oldest attorney in said county from the standpoint of residence shall always be the county attorney; the county Commissioners shall furnish said county attorney, upon demand, as a fee retainer, a permanent office space in the county court house building, without charge, including fuel, lights and janitor service; that said office space shall not be used by any other person, without the written consent of the county attorney; said room shall be a room usually used for office purposes; said county attorney shall, in addition to the use of said office, fuel, lights and janitor service, be paid fees for the legal services performed from time to time for the county and the Commissioners in their capacity as commissioners. It shall be optional with the county attorney as to whether or not he shall avail himself of the office space in the court house. In the event the Commissioners fail to avail themselves of the services of the county attorney, but use another attorney, the Commissioners, or their bondsmen

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shall be liable to the regular county attorney for double the value of the legal services rendered by the other attorney, and said county attorney may at his option institute suit to recover the double value of said services; said county attorney may also institute proceedings in courts of law or equity to force the Commissioners to recognize him as the county attorney. The county attorney shall be eligible to also be a member of said Board of Commissioners of the clerk of said Board. * * This language follows the original bill. (Compiler). Provided, however, that no part of this section shall be endorsed in behalf of the county attorney, when it can be made to appear that the services rendered by said attorney are at a price in excess of those for like services charged or collected for by attorneys in other counties. County Atty. Residence prerequisite to office. Liability for employing other attorney. Section 22. Be it further enacted by the authority aforesaid, that any taxpayer of said county may sue any of the Commissioners or their bondsmen for the violation of any of the provisions of this Act, one-half of the recovery shall be paid to the person instituting the action, and the other half be added to the education fund of the County of Glascock. Suits. Section 23. Be it further enacted by the authority aforesaid, that a public accountant shall be employed annually, sometime during the months of January, February or March, to audit books and records of Commissioners and other county officers that handle money belonging to the county, such as county treasurer, tax collector, and sheriff, but not the County School Superintendent; said public accountant must reside outside of Glascock County, and shall be designated from time to time by the Clerk of the Superior Court of Glascock County, but his services shall be paid for by the Commissioners, out of county funds. Audits. Section 24. Be it further enacted by the authority aforesaid, that all records of said Commissioners shall be open

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to the public for inspection daily, during office hours, and shall be kept at all times in the county court house or court house vault. Records. Section 25. Be it further enacted by the authority aforesaid, that 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. Invalid parts. Section 26. Be it further enacted by the authority aforesaid, that the provisions of this Act shall take effect upon January the first, 1945. Effective date. Section 27. Be it further enacted by the authority aforesaid, that this Act shall be liberally construed to effect the purposes hereof. Section 28. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved February 16, 1943. GLASCOCK COMMISSIONERSAMENDMENTS. No. 78. An Act to amend an Act entitled an Act creating a Board of Commissioners of Roads and Revenues of Glascock County, enacted at the 1939 session of the General Assembly, and approved by the Governor on February 3rd, 1939, (Georgia Laws 1939, pages 595-603), so as to provide for each of the following, to-wit: That no member of said Board shall be eligible to be an employee of said county or act in any capacity for said board or county, except as a member of said board and that no Commissioner shall be paid any compensation, except salary as Commissioner; for county printing; that no

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road machinery, cars, trucks or other equipment or supplies for said county or Commissioners, costing $100.00 or more for each item or article, shall be purchased or leased, except from the lowest bidder, upon a strictly competitive basis, after advertising for bids; that no gasoline oil, fuel oil or any other similar product for use in the county's cars, trucks, machinery, be purchased except under contract, let to lowest bidder, upon a strictly competitive basis, after advertising for bids, and to provide the period of time such contracts may be let; that no member of the immediate family of a Commissioner shall be eligible to be appointed or elected to serve as clerk of the Board, Superintendent or Supervisor of roads, or any other job or position, where the salary or wage is to be paid by Commissioners of County; to define member of immediate family; for legal representation; when a Commissioner may be allowed traveling expenses; that any tax payer may sue any of the Commissioners or their bondsmen for the violation of any of the provisions of this Act; for public accountant to be employed annually to audit books and records of said Commissioners be open to the public for inspection daily, during office hours and shall be kept at all times in the court house or court house vault; for not filling vacancies in said board, unless the members should be reduced to less than three; this Act to take effect immediately upon its passage; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Act amended. Section 1. That on and after the passage of this Act, that the Act entitled an Act creating a Board of Commissioners of Roads and Revenues of Glascock County, enacted at the 1939 session of the General Assembly and approved by the Governor on February 3, 1939, be and the same is hereby amended by adding fourteen section to read as follows:

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Section 22. That no member of said Board shall be eligible to be an employee of said county or to act in any capacity for said county, except as a member of the Board, or hold any other office, job or position in said county, or receive any compensation from said county except his salary as a Commissioner. Board members ineligible as employee. Section 23. Be it further enacted by the authority aforesaid, that the printing of all stationery, envelopes, official blanks, ballots, forms or any other kind of printing whatsoever, for the use of the Commissioners in their official capacity, and all county officers, which are paid for by the Commissioners in their official capacity, or with county funds, shall be printed, furnished and supplied by the print shop of the newspaper, which has been selected, and which may be selected from time to time, as the official organ of Glascock County, for the publication of sheriff's sales, ordinary's citation or any other advertising, commonly known and termed official or legal advertising. If the provisions of this section are violated, the Commissioners or county officer responsible or their bondsmen shall be liable for suit by the official organ newspaper of said county in a sum double the amount of the value of said printing, supplies, labor and paper used; in the event said newspaper fails to sue, within 90 days after any violation of this section, a suit may be brought at the instance and in name of any citizen of the county, and one-half of the recovery shall be paid to the person instituting the action, and the other half be added to the education fund of the county. Provided, however, that no part of this section shall be enforced in behalf of the local publisher when it can be made to appear that the materials purchased or services rendered by said publisher are at a price in excess of those for like materials or services charged or collected for in other counties. Official organ. Suits for violation. Section 24. Be it further enacted by authority aforesaid,

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that it shall be the duty of said Board of Commissioners of Roads and Revenues to make all purchases and contracts of purchases in excess of $100.00, upon a strictly competitive basis and to the lowest bidder, and to this end said Board, or the clerk thereof, under the direction of said board shall prepare monthly or quarterly estimates of the county's needs and requirements for the next succeeding, month or quarter and have such estimate published once at least 10 days before contract is let, in the newspaper in Glascock County, wherein Sheriff's sales are advertised, for which the legal rate of advertising shall be paid, and payment thereof shall be a proper charge against said county; said advertisement shall give notice of the proposed purchase and shall invite bids thereupon, stating the time and place of the opening of said bids and the making of said purchases of contracts of purchases; that such bids shall be received unopened and shall not be opened until the specified time and place, and at such specified time and place the bids so received shall be opened publicly, and the contract for purchasing said supplies, or the purchase of supplies shall be to the lowest and best bidder, and supplies purchased therefrom; that no road machinery, cars, trucks or other equipment or supplies for said county or Commissioners shall be purchased, except in the above manner. Purchases. Bids. Section 25. Be it further enacted by authority aforesaid, that no gasoline, oil, fuel oil or any other similar product for use in the county's cars, trucks, road machinery, equipment, be purchased, except under contract, let to the lowest bidder, upon a strictly competitive basis, after advertising for bids, as provided for in the section immediately preceeding this section, provided, however, the persons bidding for the sale of gasoline, oil, fuel oil or any similar product used in county's cars, trucks, road machinery, equipment, may contract to sell the county

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such products at a certain named sum, over and above the wholesale price for said products. Contracts not to be let for more than 6 months at the time. Fuel oil. Contracts above wholesale price. Section 26. Be it further enacted by authority aforesaid, that no member of the immediate family of a Commissioner of the Board of Roads and Revenues of Glascock County shall be eligible to serve as clerk of the Board of Commissioners of Roads and Revenues or as Superintendent or Supervisor of roads or warden or any other job or position, where the salary or wage is to be paid by Commissioners or County. A member of the immediate family of a Commissioner, for the purpose of this Act, is a father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, brother-in-law, sister-in-law, mother-in-law, or father-in-law of a Commissioner of the Board of Roads and Revenues of Glascock County. Members of family of Board ineligible as employees. Section 27. Be it further enacted by authority aforesaid, that the county shall have legal representation and the office or position of county attorney is hereby created. The attorney residing in Glascock County at the time of the passage of this Act, who has resided in the county longer than any other attorney, shall be the county attorney; the oldest attorney in said county from the stand-point of residence shall always be the county attorney; the county Commissioners shall furnish said county attorney, upon demand, as a fee retainer, a permanent office space in the county Court House building, without charge, including fuel, lights and janitor service; that said office space shall not be used by any other person, without the written consent of the county attorney; said room shall be a room usually used for office purposes; said county attorney shall in addition to the use of said office, fuel, light, and janitor service, shall be paid fees for the legal services performed from time to time, for the county and the Commissioners in their capacity as Commissioners.

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It shall be optionable with the county attorney as to whether or not he shall avail himself of the office space in the Court House. In the event the Commissioners fail to avail themselves of the services of the county attorney, but use another attorney, the Commissioners, or their bondsmen shall be liable to the regular county attorney for double the value of the legal services rendered by the other attorney, and said county attorney may at his option institute suit to recover the double value of said services; said county attorney may also institute proceedings in courts of law or equity to force the Commissioners to recognize him as the county attorney. The county attorney shall be eligible to also be a member of said Board of Commissioners or the clerk of said board. Provided, however, that no part of this section shall be enforced in behalf of the county attorney when it can be made to appear that the services rendered by said attorney are at a price in excess of those for like services charged or collected for by attorneys in other counties. County Atty. Residence. Office space. Liability to County Atty. when other Atty. employed. Section 28. Be it further enacted by the authority aforesaid, that no Commissioner of the Board of Commissioners of Roads and Revenues of Glascock county shall be paid any compensation whatsoever, except his salary as Commissioner and his actual traveling expenses while traveling solely on county business, beyond the limits of the County of Glascock. No compensation except salary and expenses. Section 29. Be it further enacted by the authority aforesaid, that any tax payer of said county may sue any of the Commissioners or their bondsmen for the violation of any of the provisions of this Act, one-half of the recovery shall be paid to the person instituting the action, and the other half be added to the education fund of the County of Clascock. Suits against commissioners.

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Section 30. Be it further enacted by the authority aforesaid, that a public accountant shall be employed annually, sometime during the months of January, February, or March, to audit books and records of Commissioners and other county officers that handle money belonging to the county, such as county treasurer, tax collector and sheriff, but not the County School Superintendent; said public accountant must reside outside of Glascock county, and shall be designated from time to time by the Clerk of Superior Court of Glascock County, but his services shall be paid for by the Commissioners, out of county funds. Audits. Section 31. Be it further enacted by authority aforesaid that all records of said Commissioners shall be open to the public for inspection daily, during office hours and shall be kept at all times in the county Court House or Court House vault. Records inspected. Section 32. Be it further enacted by the authority aforesaid, that vacancies in the membership of said Board of Commissioners from the date of the passage of this Act, until January 1st, 1945, shall not be filled, unless membership on said Board shall be reduced to less than three members. Vacancies. Section 33. Be it further enacted by the authority aforesaid, that 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. Invalid parts. Section 34. Be it further enacted by the authority aforesaid, that the provisions of this Act shall take effect immediately upon its passage and signed by the Governor. Effective date. Section 35. Be it further enacted by the authority

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aforesaid, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved February 16, 1943. GLASCOCK COMMISSIONERSREPEALING ACT. No. 28. 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 1941, pages 857 and 858), relating to authorizing 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 the State of Georgia, and it is hereby enacted by authority of the same: Act 1941 pp. 857-858 repealed. Section 1. The Act of the General Assembly entitled 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 1941, pages 857 and 858) by authorizing necessary traveling expenses and authorizing Commissioners to be employed and paid as county employees; and for other purposes, be and the same is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 5, 1943.

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GLASCOCK COMMISSIONERSREPEALING ACT. No. 161. An Act to repeal an Act approved February 3rd, 1939 (Georgia Laws 1939, pages 595 to 603), and all acts amendatory thereof, creating a Board of Commissioners of Roads and Revenues for the County of Glascock, providing for their qualifications, elections, jurisdiction, duties, powers; to repeal and supersede these Acts affecting the subject matter, this repeal to take effect January 1st, 1945; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Acts repealed. Section 1. That from and after January 1st, 1945, the Act entitled an Act creating a Board of Commissioners of Roads and Revenues for the County of Glascock, approved February 3rd, 1939, and all acts amendatory thereof, providing for qualifications, elections, jurisdiction, duties, powers of the Board of Commissioners, be and the same are hereby repealed in their entirety, as of January 1st, 1945. Section 2. Be it further enacted by the authority aforesaid that it is the purpose of this Act to repeal and abolish all laws and parts of laws creating the Board of Commissioners of Roads and Revenues of Glascock County, and any laws affecting said officers, except the Act passed at the 1943 session of the General Assembly of Georgia creating a new Board of Commissioners of Roads and Revenues effective January 1st, 1945. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved February 23, 1943.

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GLYNN RESERVE FUND. No. 47. An Act to further amend the Act entitled An Act to create a Board of Commissioners of Roads and Revenue for Glynn County, Georgia, to provide qualifications, methods of selection, terms of office, powers, authority and liability of members thereof; to provide for the filling of vacancies; for the appointment of a clerk, and his duties and authority; to provide compensation for members of the board; to provide for the publication of the minutes of the board and an annual audit; to provide for the passage by the board of ordinances to regulate the use of the public buildings, wharves, bulkheads and piers owned by Glynn County, Georgia; to define the courts having jurisdiction to try persons for the violation thereof; to provide for the punishment of offenders against the same; and for other purposes, approved February 11, 1937, by providing as a safeguard for all funds deposited in or allotted to what is known as the Reserve Fund of the County that no funds shall be withdrawn or released therefrom until after publication in the official newspaper of said County at least ten days before any such action a notice inviting any one at interest to appear at a time stated before said Board of Commissioners to present any objections they may have to such release or withdrawal; for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacxted by authority of the same, that from and after the passage of this Act, section 5 of the Act approved February 11, 1937, entitled An Act to create a Board of Commissioners of Roads and Revenue for Glynn County, Georgia, to provide qualifications, methods of selection, terms of office, powers, authority and liability of members thereof; to provide for the

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filling of vacancies; for the appointment of a clerk, and his duties and authority; to provide compensation for members of the board; to provide for the publication of the minutes of the board and an annual audit; to provide for the passage by the board of ordinances to regulate the use of the public buildings, wharves, bulkheads and piers owned by Glynn County, Georgia; to define the courts having jurisdiction to try persons for the violation thereof; to provide for the punishment of offenders against the same; and for other purposes; shall be and is hereby amended by adding at the end thereof the following language, to-wit: No funds deposited in or allotted to what is known as the Reserve Fund of the County shall be withdrawn or released therefrom until after publication in the official newspaper of the County at least ten days before any such action a notice inviting any one at interest to appear before said board at a time stated to present any objections they may have to such release or withdrawal; so that said Section 5 as so amended shall read as follows: Act 1937 amended. Section 5. Said Board of Commissioners of Roads and Revenue shall have exclusive jurisdiction over and control of all county matters such as public roads, bridges, the working of convicts, the maintaining of the county convict camp, the county finances, the levying and collecting of taxes agreeable to law, the management, control over and disbursing of county funds, the erection, repair and maintenance of public buildings. The said board shall have jurisdiction of establishing, abolishing and changing election precincts and establishing the number and location of polling places in the several precincts; of auditing the books and records of all county officials; of settling all claims against or for the county; and shall have the complete authority in the management, collection, control, handling and disbursement of all moneys belonging to said county, and management, control, purchase

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and sale of its assets and property subject to the general provisions of law, and shall be vested with all of the rights, powers and authority vested in the Ordinary when sitting for county purposes as defined in the Code of Georgia 1933, and the amendments thereto now existing, except the calling and supervising of elections which shall be done by the ordinary. No funds deposited in or allotted to what is known as the Reserve Fund of the County shall be released or expended therefrom until after publication in the official newspaper of the county at least ten days before such action a notice inviting any one at interest to appear before the said board at a time stated to present any objections they may have to such release or withdrawal. Sec. 5 to read. Jurisdiction of Board. Publication of expenditures from Reserve Fund. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved February 11, 1943. GORDON COMMISSIONER'S AND CLERK'S COMPENSATION. No. 224. An Act to amend an Act entitled An Act to create the office of Commissioner of Roads and Revenues in and for Gordon County, Georgia; to provide for the election of such officer, prescribe his duties and powers; fix his salary and terms of office, provide for the management of the affairs of said County; and for other purposes. approved August 24th, 1929, as amended by the Acts of 1924, Act of 1929, and Acts of 1931; by amending Section 15 of said Act as amended by the Acts of 1924, page 339, by striking from the third line thereof the words twenty-four hundred, and inserting in lieu thereof the

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words three thousand; amending Section 16 of Said Act by striking from the third and fourth lines of said Section the words nine hundred and inserting in lieu thereof the words twelve hundred; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act an Act of the General Assembly of Georgia, approved August 4th, 1920 (Act 1920, pages 541 to 548), as amended by the Act of the General Assembly of Georgia, approved August 6th, 1924 (Acts 1924, pages 339 to 341), is amended by striking from said section the words twenty-one hundred and inserting in lieu thereof the words three thousand, so that said section when amended, shall read as follows: Sec. 15. Be it enacted, that said Commissioner shall receive as compensation for his services a salary of three thousand dollars per annum, to be paid out of the county treasury in monthly installments at the end of each month. He shall receive not to exceed three hundred dollars a year for traveling expenses, to be paid out of the county treasury monthly upon his itemized statement showing such expenses, which statement shall first be approved by the ordinary. Act 1929 amended. To read. Salary $3,000.00. Expenses. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 16 of the said Act of 1929 be and the same is hereby amended by striking from the third and fourth line of said section the words nine hundred, and inserting in lieu thereof the words twelve hundred, so that said Section when amended shall read as follows: Further amended. Sec. 16. Be it further enacted, that the ordinary of said County shall be clerk of said Commissioner, and shall be paid for his services as Clerk the sum of twelve hundred per annum, to be paid out of the county treasury

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in monthly installments at the end of each month. The ordinary shall give bond for the faithful performance of his duties, in the sum of one thousand Dollars, payable to the Commissioner of Roads and Revenues of said County. It shall be the duty of the Ordinary, when acting as Clerk to the Commissioner, to keep a book of minutes and other records and do such clerical work as is necessary in carrying out the work of the office. To read. Clerk's salary. Bond. Records. Section 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1943. HARALSON TAX COLLECTOR AND RECEIVER RE-ESTABLISHED. No. 146. An Act to repeal an Act approved March 20, 1935, Act of the General Assembly of Georgia, 1935, pages 670, et seq., entitled an Act to abolish the office of Tax Receiver and Tax Collector of Haralson County, Georgia, and all acts amendatory thereof, particularly those certain Acts approved March 10, 1937, (Georgia Laws of 1937, pages 1346 and 1347) and Act approved January 17, 1938 (Georgia Laws Extra Session 1937-1938) fixing the compensation of the County Tax Commissioner; to create the offices of county Tax Receiver and County Tax Collector; to provide that the laws of force as to commissioner, when the provisions of this Act become effective shall be of full force and effect as to County Tax Receiver and County Tax Collector so far as the same is applicable; to provide that all taxes due at the time the provisions of this Act become effective and all fi fas theretofore issued shall have full force and effect and be

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collected as issued; to provide for election of County Tax Receiver and County Tax Collector in and for said Harralson County, Georgia and the manner of calling and holding said election; to provide for giving bond by said officers; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that An Act to abolish the office of Tax Receiver and Tax Collector of Haralson County, Georgia, to create the office of Tax Commissioner of Haralson County, Georgia, to fix the term and compensation of said officer, and for other purposes, approved March 20, 1935, Acts General Assembly of Georgila, 1935, page 670 et-seq., entitled an Act to abolish the office of Tax Receiver and Tax Collector for Haralson County, Georgia, and all Acts amendatory thereof, particularly those certain Acts approved March 10, 1937 (Georgia Laws of 1937, pages 1346 and 1347) and Act approved January 17, 1938 (Georgia Laws Extra Session 1937-1938, pages 842 and 843) fixing the compensation of the County Tax Commissioner, shall be abolished upon and after December 31, 1944. Acts abolished. Section 2. Be it further enacted, that the offices of Tax Receiver and Tax Collector in and for said County of Haralson are hereby re-established and created to become effective January 1, 1945, to be administered and operated by a Tax Receiver and a Tax Collector under the general laws of this State now in existence, or that hereafter may be enacted, with respect to said offices, said Tax Receiver and Tax Collector to be governed and controlled by and subject to all laws and regulations now applicable to said offices, or that hereafter may be enacted, respectively, and to receive the same fees and commissions as now, or may hereafter be prescribed by law. Offices re-established. Fees. Section 3. That said Tax Receiver and Tax Collector

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shall hold office for a term of four years, the first term beginning January 1, 1945, and ending December 31, 1949. Term. Section 4. That said Tax Receiver and Tax Collector shall be elected at the general election for County officers in the year of 1944 and at the general election for county officers each four years thereafter, in the same manner, time and place as Clerks of the Superior Court are elected. Election. Section 5. That all taxes that are due and payable at the time said Tax Collector assumes office as such, and all fi fas, theretofore issued by the Tax Commissioner of Haralson County, Georgia, shall have full force and effect, and be collectible as issued. Section 6. That before entering upon the duties of office, the said County Tax Receiver and County Tax Collector, shall take the oaths now prescribed by law for Tax Receivers and Tax Collectors, and shall give bonds in amounts to be fixed and determined by the Ordinary of Haralson County, Georgia, which shall be signed as surety by a bonding Company legally authorized to do business in the State of Georgia, and the premium or cost for the suretyship on said bond shall be paid out of the funds of Haralson County, Georgia, as part of the expenses of County Government. Oath. Bond. Section 7. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1943.

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HENRY COMMISSIONER'S CLERK'S COMPENSATION. No. 327. An Act to amend an Act entitled Henry Board of Commissioners Created approved August 8, 1921, (Ga. L. 1921, pages 490-500) by striking and repealing the words fifty Dollars per month for his services as clerk of said Board, and inserting in lieu thereof the words Sixty-five Dollars per month for his services as Clerk of 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: Section 1. That Section 8 of the Act approved August 8, 1921 (Ga. Laws 1921, pp. 490-500) be amended by striking and repealing the words Fifty Dollars per month for his services as clerk of said Board, and inserting in lieu thereof the words, Sixty-five Dollars per month for his services as clerk of said Board, so that Section 8 as amended shall read as follows: Section 8. Be it further enacted by the authority aforesaid, that the Clerk of the Board of Commissioners before entering upon his duties as such Clerk shall give a bond with good security, to be approved by said Board of Commissioners, in the sum of one thousand Dollars, conditioned for the faithful performance of his duties as such Clerk. It shall be the duty of such Clerk to keep upon [sic] the Commissioner's office the greater portion of every day of each week, except Sunday, for the transaction of business, and said office shall be in the court house of said County. It shall be the duty of said Clerk to attend all meetings of said Board; to file and preserve all records and papers, to countersign officially all wannants, orders and contracts, and to record all papers required to be recorded, and to keep full and fair minutes of all the proceedings of said Board, including the assessment

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taxes; he shall also keep a full financial record of all county receipts and expenditures, and of county funds, and of any obligation which said county may owe; and shall also keep a faithful account of all public work done under the authority of said Board or its Chairman, and of the expense of the same; and shall likewise keep an inventory of county property, including machinery, live stock, tools, etc., and the disposition of same as well as the location thereof; he shall also keep a detailed statement of all expenditures arising from the working of convicts and all supplies furnished the county, and the pay of guards and such other employees mentioned in Section 22 of this Bill for the chaingang of the county; he shall also keep a separate book in which shall be kept an account with the road overseers of the county for communication tax collected and for tools, etc., furnished them; he shall also keep an itemized statement of all accounts ordered paid by the said Board and shall show what fund is liable for the payment of same. He shall keep a book to be known as the record of county vouchers, in which he shall keep complete records of all warrants or vouchers drawn on the County Treasurer, which record shall show by the proper entries the date said warrant or voucher is issued, the fund from which same is payable, the person to whom payable, for what purpose, the amount of same, and the date of payment. He shall also perform such other duties and keep such other books and records as the Board may direct. Said books and records shall be open to inspection of any citizen of the county. Said clerk shall receive a salary of Sixty-Five Dollars per month for his services as Clerk, of said Board. It shall be the special duty of the Chairman of the Board to see that the Clerk faithfully performs all the duties imposed upon him by the terms of this Act, or by said Board. Act 1921 amended. To read. Bond. Duties of Clerk. Salary. Section 2. That all laws and parts of laws in conflict with

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the provisions of this Act be, and the same are hereby repealed. Approved March 15, 1943. HENRY COMMISSIONERS' COMPENSATION. No. 326. An Act to amend an Act approved August 8, 1921 (Ga. Laws 1921, pages 490-500) entitled An Act to create a Board of Commissioners of Roads and Revenues for Henry County, as amended by an Act approved August 18, 1924 (Ga. Laws 1924, pp. 342-343) by striking and repealing the words two hundred and twenty-five dollars per annum as found in the last sentence of Section 24, and substituting in lieu thereof the words and figures two hundred and seventy ($270.00) Dollars; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That an Act approved August 8, 1921, (Ga. Laws 1921, pages 490-500) entitled An Act to create a Board of Commissioners of Roads and Revenues for Henry County, as amended by an Act approved August 18, 1924, (Ga. Laws 1924, pp. 342-343) be repealed by striking the words two hundred and twenty-five dollars per annum and inserting in lieu thereof the words and figures two-hundred and seventy ($270.00) Dollars, so that said Section 24 as amended shall read as follows: Act 1921 amended. Section 24. Be it further enacted by the authority aforesaid, That the compensation for the members of said board shall be for each of them the sum of five dollars per day for each day in attending upon the regular and special meetings of said board and in looking To read. Compensation.

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JENKINS TAX COMMISSIONER. No. 394. An Act to abolish the offices of tax receiver and tax collector of Jenkins County, Georgia; to create the office of tax Commissioner of Jenkins County, Georgia; to provide and fix the compensation of said office; to provide that the laws of force as to tax receiver and tax collector when the provisions of this Act shall become effective shall be of full force and effect as to the tax commissioner of Jenkins County, Georgia, so far as the same are applicable; to provide that all taxes due and payable at the time the provisions of this Act become effective and all tax fi. fas. heretofore issued shall have full force and effect and be collectible as issued; to provide for the election of said tax commissioner and the method of filling vacancies; to provide for the giving of bonds by such officer; to provide for reports to the State; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That on January 1, 1945, the offices of Tax collector and tax receiver of Jenkins County, Georgia, shall be and they are hereby abolished. This Act to become effective January 1, 1945. Offices abolished. Section 2. Be it further enacted by the authority aforesaid that the office of tax commissioner of Jenkins County, Georgia, is hereby created in lieu of said offices, and that the rights, duties and liabilities of said office of tax commissioner of Jenkins County, shall be the same as the rights, duties and liabilities of the tax receiver and tax collector of said county and that all laws applicable to said offices shall be applicable to the tax commissioner of said county, so far as the same can apply. Tax commissioner created.

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Section 3. Be it further enacted by the authority aforesaid that all taxes now due and payable and all tax fi. fas. heretofore issued by the tax collector of Jenkins County, Georgia, shall have full force and effect and be collectible as issued. Section 4. Be it further enacted by the authority aforesaid that the salary of the tax commissioner shall be Twelve Hundred ($1,200.00) Dollars per annum, payable monthly, effective January 1, 1945, plus any and all commissions received from the collection of State taxes, regular or special. Said rate of commission to be determined by the officials of the State Revenue Department or their successors, from time to time. Said tax commissioner's salary shall be payable from the funds of the Board of Roads and Revenues of Jenkins County, Georgia. Salary. Section 5. Be it further enacted by the authority aforesaid that the term of office of said tax commissioner shall be four years, and the first election of county tax commissioner of Jenkins County shall be held at the same time that the county officers of Jenkins County are elected in 1944, and his term shall begin on January 1, 1945, and continue for four years. Any vacancy occurring in the office of tax commissioner of Jenkins County shall be filled in the same manner as vacancies in other county offices are filled. Term. Election. Section 6. Be it further enacted by the authority aforesaid that before entering upon the duties of his office, said tax commissioner shall take the oath now prescribed by law for the tax receiver and tax collector, and give the same bonds as are now or may hereafter be required of tax collectors, which bonds shall be signed by a bonding company, legally authorized to do business in the State of Georgia as surety, and the fee or cost for suretyship on said bonds shall be paid by the tax commissioner. Oath. Bond. Section 7. Said tax commissioner shall have an office in

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after the working of the roads and performing any other service for the county, but the aggregate sum paid the chairman shall not exceed six hundred dollars and the aggregate sum paid each of the other members shall not exceed two hundred and seventy ($270.00) dollars per annum. Office. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1943. JENKINS COMMISSIONERSAMENDMENTS. No. 299. An Act to amend An Act to establish a Board of Commissioners of Roads and Revenues for the County of Jenkins; to provide for the manner of their election; to define their powers and duties, and for other purposes, so as to remove the limitation on the salary of Clerk of said Board and dispense with the publication of Quarterly statements. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act creating the Board of Commissioners of Roads and Revenues for the County of Jenkins (Georgia Laws 1911 PP 449 to 453 inclusive) be amended by striking therefrom the words: Said compensation not to exceed twenty dollars per month from lines four and five of section Five of said Act, so as that said section when amended shall read as follows: Act 1911 amended. Section 5. Be it further enacted by the authority aforesaid, That said Commissioners shall have power to employ a Clerk upon such compensation as they may see fit to pay, whose duty it shall be to keep a record of all

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the proceedings of said Commissioners in a book for that purpose, and such other duties as the Commissioners may prescribe. To read. Clerk's compensation; duties. Section 2. Be it further enacted by authority aforesaid, That said Act creating the Board of Commissioners of Roads and Revenues for Jenkins County be amended by striking all of section Eight therefrom and inserting a new section Eight in lieu thereof as follows: Section 8. Be it further enacted by the authority aforesaid, That said Commissioners are required to make a quarterly itemized statement showing all moneys received for the County, from what sources derived, and to whom and for what all disbursements are made, the same to remain on file in their office for inspection by the public, and a copy of which is to be posted on the Bulletin Board in the Courthouse of said County as soon as possible after being made. New Sec. 8. Quarterly statement. Provided, however, that after each annual audit of the affairs of the Commissioners office has been made, that a brief outline of said audit which shall fully give the true condition of the county shall be published in the legal organ of the county and the Commissioners are authorized to pay the expenses of the said publication. Audits published. 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 11, 1943.

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the courthouse, which office shall be kept open at all business hours, except on Sundays and legal holidays. 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 courts of last resort of this State to be unconstitutional, the whole of this Act shall not thereby become void, but only so much of the same as may be so held to be unconstitutional. Invalid part. Section 9. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 19, 1943. LAMAR ADVISORY BOARDREPEALING ACT. No. 269. An Act to repeal an Act approved August 6, 1927, which said Act was entitled An Act to create an Advisory Board, together with the Ordinary as a board to be in charge of roads and revenues of Lamar County, to define the powers and duties of said board, to fix the qualifications, duties, terms of office, and compensation of the ordinary and members of said board, to provide for selection of successors, to provide for appointment of clerk and county attorney; to repeal conflicting laws, and for other purposes, and to repeal an amendatory Act thereto, approved August 21, 1929, which last named Act provided for the salaries of the members of the advisory board of Lamar County, Georgia, and to repeal all other Acts and laws in conflict herewith and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same that a certain Act approved August 6, 1927, entitled An Act to create an Advisory Board together with the Ordinary as

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a board to be in charge of roads and revenues of Lamar County, to define the powers and duties of said board, to fix the qualifications, duties, terms of office, and compensation of the ordinary and members of said board, to provide for selection of successors, to provide for appointment of clerk and county attorney; to repeal conflicting laws; and for other purposes, be and the same is hereby repealed. Act 1927 repealed. Section 2. Be it also enacted by the aforesaid authority that certain Act approved August 21, 1929, appearing on pages 644 and 645 of the Georgia Laws of 1929, which provides the salaries for the members of the Advisory Board of Lamar County, be and the same is hereby repealed. Act 1929 pp. 644-645 repealed. Section 3. Be it further enacted that if any section or part of any section of this Act shall be held invalid, such invalidity shall not be construed to effect the validity of any portion of this Act. Invalid part. 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 8, 1943. LAMAR COMMISSIONERS CREATED. No. 267. An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Lamar, State of Georgia; to define the qualifications, powers, and duties of the members and to provide for their compensation; to prescribe their terms of office, the manner of their appointment and election, and the manner in which vacancies shall be filled; to provide for the appointment and election of a chairman of said board of Commissioners,

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and to prescribe his duties and powers and provide for 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 an effective date for this Act, and for other purposes; to repeal all laws in conflict herewith. Section 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 Lamar is hereby created, and is to consist of five members until December 31st, 1944, thereafterwards the Board shall be reduced to 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 Lamar County, Georgia. Board created. Section 2. Be it further enacted by the authority aforesaid that said Board of Commissioners of Roads and Revenues for Lamar County, Georgia, shall be composed of the following persons, to-wit: J. E. Bush, Jack Childers, S. V. Milner, J. L. Cauthen and Dr. D. G. Berry, all of Lamar County, Georgia. J. E. Bush shall be Chairman of said Board. 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 and those later elected under this act, 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 and Revenues of Lamar County, during my continuance in office according to law and to the best of my knowledge and

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ability, without fear or affection of any person, frim 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 ($10,000.00) 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 for each Commissioner shall be paid out of the general funds of said county. Said Commissioners shall each be commissioned by the Governor of the State, and all future commissioners shall be commissioned likewise. Members named. Oath. Bond. Section 3. Be it further enacted by the authority aforesaid, that should there be a vacancy from any cause in the office of any Commissioner appointed in this act, during his appointed term of office under this Act, then J. H. McCook of Lamar County, Georgia, is hereby named to fill such vacancy and should there be a further vacancy from any cause, then the Governor of Georgia shall at once appoint his successor to fill out his unexpired term. Vacancy. Section 4. Be it further enacted by the authority aforesaid that on the day the general election is held in said county for the election of State House Officers, beginning with the year 1944, there shall be an election to elect three commissioners. The commissioners elected shall select the chairman from their body by a majority vote. Should there-afterwards a vacancy occur in the membership of said board, by death, resignation, or otherwise, the Ordinary of Lamar 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.

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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, bridge, public works, buildings and property of said county, and over all the subject matters enumerated and set forth in section 23-701 of the Code of Georgia of 1933, and in paragraphs one to nine inclusive, set out under said section of said Code, and also over the following matters, to-wit: in levying taxes according to law; 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 digest of said county for the correction of errors therein, and granting reliefs for such errors; 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 court-house, 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. 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. Three of said commissioners

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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. After the membership of the Board is reduced to three, then two members shall constitute a quorum. No Commissioner shall sell directly or indirectly to the county or buy or deal in county warrants or jury scrip. Salaries. Section 7. 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 Tuesday in each month, and shall be held in the court-house at Lamar County, at Barnesville, 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 8. 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, and each employee and official connected with the county; he shall have the power to discharge (and employ any 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 including that 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 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 shall appoint an acting chairman to preside; he shall perform such other

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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. Chairman; duties. Section 9. 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 the said board shall fix the salaries of all employees at a figure that shall seem reasonable and fair in proportion to the work they do. Clerk. County Atty. Section 10. 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. Audits. Section 11. This Act shall become effective ten days after its enactment. Section 12. Should there be a vacancy in the Chairmanship as appointed under this Act, then when the Board is restored to its full number as provided for in the Act, the full Board shall elect a Chairman from its membership. Section 13. 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 of part of said Act shall remain in full force and effect. Invalid parts.

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Section 14. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 8, 1943. LIBERTY COMMISSIONERS' COMPENSATION. No. 135. An Act to amend the Act creating the Board of Commissioners of Roads and Revenues for Liberty County approved March 12, 1935 (Act 1935 pages 712-24) by striking from section 14 thereof the following: Four Dollars per day for each day's actual service, provided, that no commissioner shall be paid for more than twenty-five days service in any one year and inserting in lieu thereof: $40.00 per month for the members except the chairman, who shall receive a salary of $50.00 a month, 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 creating the Board of Commissioners of Roads and Revenue for Liberty County approved March 12, 1935, (Acts 1935, pages 717-24), be and the same is hereby amended by striking from section 14 thereof the following Four Dollars per day for each day's actual service; provided, that no commissioner shall be paid for more than twenty-five (25) days service during any one year and inserting in lieu thereof the following figures and language, to-wit: $40.00 per month for the members, except the chairman, who (chairman) shall receive a salary of $50.00 per month, so that said section 14 when so amended shall read as follows: Act 1935 pp. 717-24 (14) amended.

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Section 14. Be it enacted by the authority aforesaid, that members of the board of commissioners herein created shall receive as their compensation $40.00 per month for the members, except the chairman, who (chairman) shall receive a salary of $50.00 per month. The said commissioners shall elect a clerk of the board, whose duty it shall be to keep a record of the actings and doings of the board, at the court-house in said county; said records to be open for inspection of any citizen of said county and at all times, if the same does not conflict with the meetings of the board, and he shall perform such other duties as may be assigned by said board, and he shall keep all the books and records in a neat, firstclass, business-like condition at all times. He shall receive such compensation as the board of commissioners shall fix and designate as a salary. Said clerk shall not be a member of the board of commissioners. The said commissioners shall at their first meeting elect a chairman of said board from their own merbership who shall act as such chairman during the entire term of said board. Said commissioners before entering upon their duties as such shall take an oath before the ordinary for the faithful performance of their duties. As amended. Clerk. Salaries. Oath. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act be, and the same are hereby repealed. Approved February 22, 1943. LONG COMMISSIONERSAMENDMENTS. No. 236. An Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Long County, Georgia, approved August 10, 1921 (Georgia Laws 1921, pages

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525-534) to provide for the election of members thereof by the qualified voters of said county; to provide for Commissioners of said county; to define all their powers and duties, as amended by Act approved March 24, 1939 (Georgia Laws 1939, pages 647-653) and further amended by Act approved March 27, 1941 (Georgia Laws 1941, pages 922-923) providing for a county attorney to act for said county in an advisory capacity, fixing compensation for services of said attorney, his appointment; by repealing in its entirety the Act approved March 27, 1941 (Georgia Laws 1941, pages 921-923); by repealing in its entirety Section 4 of the Act approved August 10, 1921 (Georgia Laws 1921, page 526) and by inserting in lieu thereof a new Section to be known as Section 4 to provide for the terms of office of the present Commissioners of Roads and Revenues, and the election of same, and to provide for the selection of a Chairman; by repealing Section 21 of the Act approved August 10, 1921 (Georgia Laws 1921, page 532) as amended by Act approved March 24, 1939 (Georgia Laws 1939, page 650) and by inserting in lieu thereof a new Section to be known as Section 21 to provide for the office of County Attorney, the qualification, appointment, compensation, and term of office of said County Attorney, the duties thereof, and additional counsel; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved March 27, 1941 (Georgia Laws 1941, pages 921-923) 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 and the same is hereby repealed in its entirety. Act 1941 pp. 921-923 repealed. Section 2. That Section 4 of the Act approved August

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10, 1921 (Georgia Laws 1921, pages 526) providing for the election of County Commissioners, the term of office, and their successors, etc. be and the same is hereby stricken and repealed in its entirety and a new Section inserted in lieu thereof to be known as Section 4 and to read as follows: Sec. 4 of Act 1921, p. 526 repealed. Section 4. That the term of office of the present Commissioners of Roads and Revenues of the County of Long shall expire respectively as follows: The term of the Commissioner from the First Road District of said county shall expire at midnight, December 31, 1944; the term of the Commissioner from the Second Road District of said county shall expire at midnight, December 31, 1946; and the term of the Commissioner from the Third Road District of said county shall expire at midnight, December 31, 1948, and at the expiration of said terms aforesaid, the term of office of each Commissioner for said respective Road District shall be six years and until their successors are elected and qualified. Said commissioners for said respective Road Districts of said county hereafter shall be elected as follows: New section 4. Terms. From the First Road District at and in the general election of 1944; from the Second Road District at and in the general election of 1946; from the Third Road District at and in the general election of 1948. At the January 1945 session of said Board of Commissioners of Roads and Revenues, and at the same session each and every two years thereafter, said Board shall elect a Chairman of said Board which office he shall hold for two years and until his successor is duly elected and qualified. Election. Section 3. That Section 21 of the Act approved August 10, 1921 (Georgia Laws 1921, page 532) as amended by Act approved March 24, 1939 (Georgia Laws 1939, pages 560-561) providing for a County Attorney, compensation of same, prescribing his duties, etc. be and the same is hereby

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stricken and repealed in its entirety, and a new Section inserted in lieu thereof to be known as Section 21 and to read as follows: Sec. 21 of Act 1921, p. 532 as amended, Section 21. That the office of County Attorney for Long County, Georgia, is hereby created and established. The County Attorney shall be a practising attorney residing in Long County, Georgia, and shall be appointed by the Judge of the Superior Court of the Atlantic Judicial Circuit of Georgia. Provided, however, if said Superior Court Judge resides in any county other than Long County, Georgia, at the time said appointment has to be made, then in that event said County Attorney shall be elected by a majority of the Commissioners of Roads and Revenues of Long County, Georgia. Any order appointing or electing said County Attorney shall be filed with the Clerk of the Board of said Commissioners and by him recorded on the minutes of said Board. The present County Attorney shall serve out his present appointment, for a salary of Twenty-Five Dollars per month, until midnight, December 31, 1946, and the term of office of his successors shall be for four years from January 1, 1947, and each and every four-year period thereafter. The salary of said County Attorney is hereby fixed at Twenty-Five Dollars per month, payable monthly out of the general funds of said county. It shall be the duty of said County Attorney to represent said county's interests in any matter or litigaion now pending or any future litigation. If in the opinion of said Board of Commissioners of said county the interests of said county demand it, said Commissioners shall have the authority to employ additional counsel to assist said County Attorney in any matter or litigation hereafter arising in which event said Commissioners shall have the right to fix said compensation for said additional counsel and pay same from the general funds of Long County. New Sec. 21. County Atty.

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Section 4. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 3, 1943. LUMPKIN COMMISSIONERS TERMS. No. 75. An Act to amend an Act approved August 11, 1919 (Ga. Laws 1919, pages 682-688) creating the Board of Commissions of Roads and Revenues for the County of Lumpkin, etc., as amended by an Act approved March 15, 1937 (Ga. Laws 1937, pages 1366-69) providing for two additional members of said Board, and for other purposes, by reapealing the amendment approved March 15, 1937 (Ga. Laws 1937, Pages 1366-68) in its entirety; to provide that the present terms of the two members of the Board of County Commissioners holding office by virtue of the aforesaid amendment approved March 15, 1937, shall continue to hold said offices until their present terms expire; to repeal all laws and parts of laws in conflict herewith, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That an Act approved March 15, 1937 (Ga. Laws 1937, pages 1366-68) amending an Act approved August 11, 1919 (Ga. Laws 1919, pages 682-688) be, and the same is hereby repealed. It is expressly understood that the Act approved August 11, 1919, is not repealed, but the same remains in full force and effect. Act 1937, pp. 1366-68, repealed. Section 2. The two county commissioners who are now holding office by virtue of the amendment approved March 15, 1937, the same being repealed by this Act shall continue to hold said offices until their present terms expire.

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Section 3. That all laws or parts of laws in conflict with the provisions of this Act be, and same are hereby repealed. Approved February 16, 1943. MACON TREASURER ABOLISHED. No. 261. An Act to abolish the office of County Treasurer of Macon 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 Macon County, Georgia, be abolished after the passage of this Act; to repeal conflicting laws; and for other purposes. Be and it is hereby enacted by the General Assembly of Georgia: Section 1. That on and after the passage of this Act, the office of the County Treasurer of Macon County, Georgia, shall be abolished. County Treasurer abolished. Section 2. The Commissioners of Roads and Revenues 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. Depository. 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

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State, in the sum of not less than ten thousand ($10,000.00) 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. Section 4. It shall be the duty of any bank or banks designated and qualifying aforesaid as the county depository and disbursing agent: Duties. (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 on what forms of indebtedness as they may be presented; and to account, and all amounts paid out, stating when paid, to whom and on what account; (d) to keep a wellbound book in which shall be entered a full description of all county orders or warrants or other record a copy of the order of the county authorities levying county taxes; (e) to collect and to receive from all officers and others

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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. Transfer of funds. 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. Premiums. Section 7. The term during which such a depository or depositories shall act after designation and qualification as such shall end at the expiration of each calendar year or until a successor is designated and qualified. Term.

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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. Public agency. Section 9. All laws in conflict with this act are hereby specifically repealed. Section 10. This Act shall become operative immediately upon the passage of the Act. Approved March 5, 1943. MARION TREASURER'S BOND PREMIUM. No. 156. An Act authorizing the Commissioner of Roads and Revenues of Marion County, State of Georgia, to pay the premium on the Bond of the County Treasurer of said county, to authorize the levying of a tax by said Commissioner for said purpose, and for other purposes: Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act the premium on the bond of the county treasurer may be paid by the Commissioner of Roads and Revenues of said county, and said Commissioner is hereby authorized to levy a tax on all the taxable property of said county sufficient to pay the same. Section 2. 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 February 22, 1943. McINTOSH TAX COMMISSIONER'S COMPENSATION. No. 138. An Act to amend an Act approved August 4, 1927, (Georgia Laws 1927 pages 627-28-29), entitled An Act to consolidate the offices of Receiver of tax returns and Tax Collector in McIntosh County, etc., and for other purposes, and as amended by an Act approved March 23, 1933; so as to strike Section 5 and 6 relating to compensation and to enact new sections in lieu thereof; so as to provide a different method of compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by the authority of the same, that Section 5 of An Act to consolidate the offices of the Receiver of tax returns and Tax Collector in McIntosh County, etc., approved August 4, 1927, and as amended by an Act approved March 23, 1933, be and the same is hereby amended by striking Section 5 in its entirety and enacting in lieu thereof a new Section 5 to read as follows: Acts 1927 (5) 1938 amended. Section 5. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Tax Commissioner shall receive as compensation the fees and commissions now fixed by the General Law, as the fees and commissions allowed to Tax Collectors and Receivers of tax returns in the State of Georgia: except of the County's portion

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of the commissions due the Receiver of tax returns; which shall be retained by McIntosh County. New Sec. 5. Compensation. Section 2. Be it enacted by the authority aforesaid, that Section 6 of An Act to consolidate the offices of Receiver of tax returns and Tax Collector in McIntosh County, etc., approved August 4, 1927, and as amended by an Act approved March 23, 1933, be and the same is amended by striking Section 6 in its entirety and enacting in lieu thereof a new Section 6 to read as follows: Act 1927 (6) as amended repealed. Section 6. Be it further enacted by the authority aforesaid that the Tax Commissioner of McIntosh County shall pay all expenses of said office, such as bond premium, stationery and such other lawful and necessary expenses incurred in the operation of this office. New Sec. 6. Section 3. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act, be, and they are hereby repealed. Approved February 22, 1943. MERIWETHER TREASURER'S COMPENSATION. No. 134. An Act to amend an Act approved February 27, 1933, fixing the Compensation of the Treasurer of Meriwether County, as amended by an Act approved March 19, 1935, increasing the salary of the Treasurer of Meriwether County by striking from Section 2 of said Act as amended the words Sixty-Five Dollars per month and inserting in lieu thereof the words, Eighty-Five Dollars per month, so as to fix the salary of the Treasurer of Meriwether County, Georgia, at Eighty-Five Dollars per month, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same, that an Act approved February 27, 1933, as amended by An Act approved March 19, 1935, be, and the same is hereby amended by striking from Section 2 of said Act as amended the words Sixty-Five Dollars per month and inserting in lieu thereof the words Eighty-Five Dollars per month, so that the salary of the Treasurer of Meriwether County, Georgia, shall be Eighty-Five Dollars per month, and so that said Section 2 of the Act approved February 27, 1933, as amended by an Act approved March 19, 1935, when so amended shall read as follows: Act of 1933 as amended by Act of 1935 amended. Section 2. Be it further enacted, that from and after the passage of this Act, an Act entitled an Act to amend an Act to change the compensation of the Treasurer of Meriwether County, Georgia. Act (1927, page 630) as approved August 20, 1927, be, and the same is hereby repealed. Providing, that the salary of Treasurer of Meriwether County shall be Eighty-Five Dollars per month, payable monthly by Meriwether County after passage of this Act. As amended Compensation. Section 2. Be it further enacted by the authority aforesaid, and it is enacted by authority of the same, that all laws and parts of laws in conflict with this Act, be, and the same is hereby repealed. Approved February 22, 1943. MILLER COMMISSIONERSAMENDMENTS. No. 239. An Act to amend an Act approved August 22, 1905 (Georgia Laws 1905, pages 569-572) creating a Board of Commissioners of Roads and Revenues of the County of Miller, to provide for their election, to provide for their

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duties, to provide for their compensation; as amended by Act approved July 20, 1927 (Georgia Laws 1927, pages 530-532) and all amendatory Acts thereto; to provide for an additional Commissioner in the 1160th District G. M.; to provide for the expiration of this term; to provide a per diem for the members of said Board; to provide for a meeting date to fix the budget and expenditures of said County; to provide for the publication of said budget and expenditures in the official organ of said County; to provide for the Ordinary of said County to act as Chairman of said Board and Purchasing Agent, and for his compensation for such services; to provide for a quorum of said County Commissioners of Roads and Revenues; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 1 of the Act approved August 22, 1905 (Georgia Laws 1905, page 569) as amended by Act approved July 20, 1927 (Georgia Laws 1927, page 531) and all amendatory Acts thereto, providing for a Board of County Commissioners of Roads and Revenues of Miller County and the election of same, be and the same is hereby repealed in its entirety and a new Section 1 inserted in lieu thereof and to read as follows: Act 1905, p. 569 (1) as amended by Act 1927, p. 531, repealed. Section 1. That from and after the passage and approval of this Act there shall be established in the County of Miller a Board of Commissioners of Roads and Revenues consisting of six persons, namely, the Ordinary of said County, who by virtue of his office shall be Chairman of said Board and Purchasing Agent, but shall have no vote; except in case of a tie vote; and in addition thereto, two members shall be elected from the 903rd District G. M. of said County of Miller; that one member shall be elected from the Enterprise School District of the 1160th District G. M. of said County of Miller;

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that one member shall be elected from Briggs School District of the 1160th District G. M. of said County of Miller; and one member shall be elected from the 1029th District G. M. of said County of Miller; and that each member shall reside in the District from which he is elected; and that Charlie Womble shall be the additional member from the 1160the District G. M. and his term of office shall begin immediately upon passage and approval of this Act and commissioned by the Governor. His successor in office to be elected at the general election to be held in 1944, and his term of office to expire on the 31st day of December, 1944. Each and every member of the said Board of Commissioners of Roads and Revenues of the County of Miller shall hold their office for a term of four years, or until their successor are elected and qualified. New Sec. 1. Board created. Members. Section 2. That Section 15 of the Act approved August 22, 1905 (Georgia Laws 1905, pages 569-572) as amended by Act approved July 20, 1927 (Georgia Laws 1927, page 532) providing for the compensation of the members of the Board of Commissioners of Roads and Revenues for Miller County and the compensation of the Chairman of the Board of Commissioners, be and the same is hereby repealed in its entirety and a new Section 15 inserted in lieu thereof, and to read as follows: Act 1905. Sec. 15 as amended repealed. Section 15. That the members of the Board of Commissioners of Roads and Revenues for Miller County herein provided for, shall receive for their services the sum of $5.00 per day for each day actually served, same to be paid out of the County Treasury, except the Chairman of said Board of Commissioners as heretofore provided, whose salary shall be $35.00 per month, which salary shall be in full compensation for all services rendered by him as such Chairman. Said salary shall be

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paid monthly out of the County Treasury of Miller County. New Sec. 15. Per diem. Salary of Chairman. Section 3. That Section 5 of the Act approved August 22, 1905 (Georgia Laws 1905, page 570) providing for a quorum of the Board shall be repealed in its entirety and a new Section 5 inserted in lieu thereof, and to read as follows: Act 1905, Sec. 5, repealed. Section 5. That a majority of the members of the Board of Commissioners of Roads and Revenues of Miller County shall constitute a quorum for the transaction of business and that a majority must concur in order to pass any order or let any contract or grant or allow any claim against the County. New Sec. 5. Section 4. That the Act approved August 22, 1905 (Georgia Laws 1905, pages 569-572) and all amendatory Act thereto, are hereby amended by adding a new Section to be known as Section 16, and to read as follows: Act 1905, pp. 569-572, amended. Section 16. Immediately upon the passage and approval of this Act it shall be the duty of the members of the County Board of Commissioners of Roads and Revenues to meet and fix the budget for the 1943 expenditures of Miller County, and it shall be their duty to meet in January of each succeeding year and fix the budget of expenditures for Miller County for that year, and it shall be the duty of the Commissioners of Roads and Revenues to publish in the official organ of Miller County in which sheriffs' advertisements are published, the budget of expenditures for Miller County as approved by said Commissioners of Roads and Revenues in the next issue of said paper, after said budget of expenditures is set. It shall be the duty of the Board of Commissioners of Roads and Revenues to publish in said newspaper, quarterly reports of income and expenditures of said County. New Sec. 16. Budget.

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Section 5. That the Act approved August 22, 1905 (Georgia Laws 1905, pages 569-572) and all acts amendatory thereto, be and the same are further amended by adding a new Section to be known as Section 17, and to read as follows: Act 1905, pp. 569-572, amended. Section 17. That from and after the passage and approval of this Act, the Ordinary of Miller County shall be Chairman of the Board of Commissioners of Roads and Revenues of Miller County, as hereinbefore provided for, and for such services, shall receive a salary of $35.00 per month, and that the Ordinary shall have no vote in any action taken by the Board of Commissioners of Roads and Revenues of Miller County; except in case of a tie vote; provided that said Ordinary shall act as Purchasing Agent for Miller County, but no purchase shall be made except miscellaneous purchases not to exceed $100.00 in any month or business transacted by him until the same has been approved by a majority of the members of the Board of Commissioners of Roads and Revenues of Miller County in open meeting; and that he shall receive no additional salary as Purchasing Agent. New Sec. 17. Ordinary as Chairman. Section 6. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1943. MORGAN COMMISSIONERSCLERK. No. 74. An Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Morgan; to prescribe the duties and powers of said Board; and for other purposes, approved March 22,

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1935 (Georgia Laws 1935, pp. 738-751), by striking Section 8, with reference to the filling of a vacancy in said Board, and enacting a new Section 8, prescribing the method of filling vacancies on said Board; and by amending Section 10 of said Act by striking the words and figures $50.00 per month where they appear in the last line of said Section, and substituting in lieu thereof the words and figures $65.00 per month, so as to increase the maximum salary for the clerk of said Board to $65.00 per month; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Act 1935, p. 742, Sec. 8, stricken. Section 1. Section 8 of the Act creating the Board of Commissioners of Roads and Revenues in and for the County of Morgan (Georgia Laws 1935, p 742) is hereby stricken in its entirety and a new Section, to be known as Section 8, is inserted in lieu thereof, which shall read as follows: Section 8. In the event of any vacancy in the membership of said Board by death, resignation or otherwise, the remaining members of said Board of Commissioners of Roads and Revenues shall designate a qualified citizen of Morgan County to fill such unexpired term, and such member so selected shall serve until the next general election, at which time a successor shall be elected by the voters of Morgan County. New Sec. 8. Vacancy. Section 2. Section 10 of the Act hereinabove referred to is amended by striking the words and figures $50.00 per month where the same appear in the last line of said Section, and substituting in lieu thereof the word and figures $65.00 per month, so as to make the maximum salary or compensation to be paid to the clerk of said Board $65.00 per month. Act 1937, p. 742, Sec. 10, amended. Salary.

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Section 3. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 16, 1943. MURRAY COMMISSIONERSROADS AND STREETS. No. 137. An Act to amend an Act in reference to the Commissioners of Roads and Revenues of Murray County approved March 20, 1939, and found on pages 691-699 of the printed Acts of 1939, by adding a subsection to Section 3 of said Act to be known as Section 3a, and to provide that the Board of Commissioners of Roads and Revenues may, in its discretion work the streets and roads in the incorporated towns of Murray County in such manner and to such an extent as may be in accordance with the program of road work in said county; to repeal all laws and parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 3 of the Act in reference to the Commissioners of Roads and Revenues approved March 20, 1939, and found on pages 691-699 of the printed Acts of 1939, be amended by adding a subsection thereto to be known as Section 3a and to read as follows: Act 1939, pp. 691-699, amended. The Board of Commissioners of Roads and Revenues may, in the exercise of its discretion, work the streets and roads of the incorporated towns of Murray County to such an extent and in such manner as may be in accordance with the program of road work in said county. Streets in towns.

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Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 22, 1943. OCONEE TAX COMMISSIONER. No. 51. An Act to consolidate the offices and duties of tax-receiver and tax-collector in the County of Oconee; to create the office of county tax-commissioner for said county; to prescribe the powers and duties of such officer; to fix his compensation; to provide for his election and the method of filling vacancies in said office; 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 office of Tax-Collector and the office of tax-receiver for and in the County of Oconee, State of Georgia, be and the same are hereby abolished, and the office of Tax-commissioner of Oconee County, Georgia, is hereby created in lieu thereof, as authorized by an amendment to the Constitution of Georgia, approved August 18, 1924, and found on pages 815-817, acts General Assembly of Georgia for 1924, and ratified as constitutional amendment article eleven (11), section three (3), paragraph one (1); it being herein specifically provided, designated, and declared that such abolishment and consolidation of the offices of tax-collector and tax-receiver shall not take effect in Oconee County, Georgia, until the expiration of the present terms of the officers or their successors in case of a vacancy, now holding the respective positions. Tax Collector and receiver abolished. Section 2. Be it further enacted by the authority aforesaid, that the office of tax-commissioner for Oconee County,

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Georgia is hereby created in lieu of said abolished offices, and the rights, duties, and liabilities of the tax-commissioner of Oconee County, Georgia, shall be the same as the rights, duties, and liabilities now or that may hereafter be inherent in the office of tax-collectors and tax-receivers of this State, in so far as the case may be applicable. Tax Commissioner 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 became effective, and all tax fi. fas. heretofore issued by the tax-collector of Oconee County, shall have the same force and effect and be collectible by the tax-commissioner as issued, and all fees and costs already incurred shall be paid the outgoing officers. Fi. fas. Section 4. Be it further enacted by the authority aforesaid, that all fees, costs, commissions, and all other compensation heretofore allowed the tax-collector and tax-receiver of Oconee County by the State of Georgia for services rendered to the State and heretofore, paid by the State, shall be paid into the treasury of Oconee County, and that such sums as the State may hereafter allow shall be paid into said treasury. Fees due by State. Section 5. Be it further enacted by the authority aforesaid, that the said tax-commissioner of Oconee County, Georgia, shall receive as compensation to be paid by Oconee County a salary of $1,620.00 a year, payable in twelve (12) monthly or equal installments on the first day of each month. Salary. Section 6. Be it further enacted by the authority aforesaid, that the compensation of the tax-commissioner in Oconee County shall be paid from the treasury of Oconee County by county warrant, and such payments to the tax-commissioner of said county shall be in full of any and all claims for any fees, costs, commissions, or other charges that have heretofore been or that might have been collected

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by the tax-collector and the tax-receiver of Oconee County, or the county-school authorities, for any and all duties performed. Section 7. That the tax-commissioner, immediately upon the receipt of same, shall pay into the county treasury all fees, commissions, and costs that may be derived from any sources. Fees paid into County treasury. Section 8. Be it further enacted by authority of the same, that the said tax-commissioner of Oconee County shall be elected under the same laws now in force for the election of tax-collector or tax-receiver, and when elected he shall be commissioned for the full term of office then in force in Oconee County, and such term of office shall begin as the office of the tax-collector and tax-receiver would have begun if they had not been abolished. The said tax-commissioner of Oconee County shall be required to take the same oath as is now required of tax-collectors and tax-receivers in the State, and such tax-commissioner of Oconee County shall give the bond required by the State of Georgia, and such other bond to Oconee County as is now required under existing laws for tax-collectors; provided that the amount of the bond payable to Oconee County, or the ordinary of said county, shall not exceed the amount now required of the tax-collector of Oconee County. The said tax-commissioner shall be required to give a surety bond; provided such bond as given must be approved by the ordinary of Oconee County. Election. Oath. Bond. Section 9. Be it further enacted by virtue of the authority aforesaid, that said tax-commissioner shall perform all the duties and be subject to all the penalties heretofore applicable to tax-collectors and tax-receivers of Oconee County, and shall have authority to transact any and all business heretofore transacted by either or both of such officers in regard to closing matters left unfinished at the expiration

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of the present terms of the tax-collector and tax-receiver of Oconee County. Said tax-commissioner shall not be required to make the usual rounds for the purpose of receiving tax returns or collecting taxes, but during such time shall be required to keep the office open at the Court House for the transaction of the usual business of the office. Duties. Section 10. Be it further enacted, that any vacancies in the office of tax-commissioner of Oconee County shall be filled as provided by law for filling vacancies in the office of tax-collector of such county. Vacancy. Section 11. Be it further enacted by virtue of the authority aforesaid, that said tax-commissioner of Oconee County be and is hereby required to make such reports to the State authorities as are now required or may hereafter be required of tax-collectors and tax-receivers of this State. Reports. Section 12. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 11, 1943. PICKENS TAX COMMISSIONER. No. 139. An Act to abolish the office of tax-receiver and tax-collector of Pickens County, Georgia; to create the office of tax-commissioner of Pickens County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to tax-receiver and tax-collector when the provisions of this Act become effective, shall be of full force and effect as to the tax-commissioner of Pickens County, Georgia, so far as the same are applicable; to provide that all taxes due at the time the provisions of this Act become effective and all tax fi. fas. theretofore

Page 1095

issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions and other compensation that would be paid to or collected by the tax-receiver and tax-collector, were it not for the provisions of this Act, shall be collected by the tax-commissioner herein provided for, and by him paid to the commissioner of roads and revenues of said County of Pickens, except fees and commissions on all taxes collected on behalf of the State of Georgia; to provide that said tax-commissioner shall be allowed to deduct from all taxes collected by him for and on behalf of the State of Georgia the regular fees and commissions heretofore allowed to the tax-receiver and tax-collector, and that he shall remit the remainder of the same, after the deduction of such fees and commissions, to the Comptroller General or other tax collecting official of the State of Georgia; to provide for the election of said tax commissioner and the method of filling vacancies; to provide for the commissioner of roads and revenues of said County to levy a tax to pay the salary of the tax-commissioner, should this be necessary; to provide for the giving of a bond; to provide for the putting into effect the Constitution of this State as contained in article eleven (11), section three (3), paragraph one (1); and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Tax receiver, tax collector abolished. Section 1. That the offices of tax-receiver and tax-collector of Pickens County, Georgia are hereby abolished, as hereinafter provided for, and the duties of the two offices aforesaid are hereby consolidated into one office. Section 2. Be it further enacted, that the office of tax-commissioner of Pickens County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties, and

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liabilities of the tax-receiver and tax-collector shall be assummed by the tax-commissioner of Pickens County, Georgia, so far as the same are applicable. Tax commissioner created. Section 3. Be it further enacted that all taxes that are due and payable at the time the provisions of this Act become effective, and all tax fi. fas. theretofore issued by the tax-collector of Pickens County, Georgia, shall have full force and effect, and be collectible as issued. Section 4. Be it further enacted that all fees, commissions, and all other compensation allowed to the tax-receiver and tax-collector of Pickens County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafter were it not for the provisions of this Act, shall be collected by the tax-commissioner of Picknes County, Georgia, and paid into the treasury of Pickens County, which duties as treasurer are now performed by the commissioner of roads and revenues, except fees and commissions on all such taxes as are collected by such tax-commissioner for and on behalf of the State of Georgia. Fees paid into Treasury. Section 5. Be it further enacted that from all taxes collected by said tax-commissioner for and on behalf of the State of Georgia he shall be allowed to deduct therefrom the regular fees and commissions which have heretofore been allowed to the tax-receiver and tax-collector, and said tax-commissioner shall remit the remainder of the same directly to the Comptroller General or other such tax collecting official of the State of Georgia by whatever name called. Fees due by State. Section 6. Be it further enacted by the authority aforesaid that on the first day of each month after the tax-commissioner of Pickens County takes office the commissioner of roads and revenues of Pickens County shall pay to him by voucher the sum of one hundred dollars ($100.00) per

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month; and from this sum so received said tax-commissioner shall pay all clerical hire and all expenses of the office, except postage, stationery, and printing. Salary. Section 7. Be it further enacted that should it be necessary, the commissioner of roads and revenues of Pickens County shall be and is hereby authorized to levy and collect a tax sufficient to pay the salary, as above mentioned, of said tax-commissioner, same to be levied and collected as other taxes are levied and collected. Section 8. Be it further enacted that before entering upon the duties of his office the said tax-commissioner of Pickens County shall take the oath now prescribed by law for the tax-receiver and the tax-collector, and shall give bond, the amount of said bond to be fixed by and approved by the commissioner of roads and revenues of said county, the cost of said bond to be paid by the tax-commissioner. Oath. Bond. Section 9. Be it further enacted by the authority aforesaid that the first election for tax-commissioner of Pickens County shall be held at the same time and under the same laws as other county officers are now elected at the general election for county officers in the year 1944, and quadrennially thereafter, and that the persons so elected shall enter upon the duties of the office hereby created on January 1st, 1945, and shall serve for a term of four years. If a vacancy should occur, then the office shall be filled in the same manner as vacancies are filled in other county offices. Election. Vacancies. Section 10. Be it further enacted by the authority aforesaid that if for any reason any portion of this Act shall be held by the court of last resort in this State to be unconstitutional, the whole of this Act shall not thereby become void, but only so much of the same as may be so held to be unconstitutional; the purposes of this Act being to put into effect the constitution of this State as contained in article 11, section 3, paragraph 1. Invalid parts.

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Section 11. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1943. PIERCE COMMISSIONS' COMPENSATION. No. 96. An Act to amend an Act approved March 25, 1937, creating the Board of Commissioners of Roads and Revenues in and for the county of Pierce, as found in Georgia Laws of 1937 beginning on page 1397 and ending on page 1405, to provide for compensation for said commissioners, to provide for traveling expenses for said Commissioners, to provide for compensation for the warden of Pierce county, and for other causes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same. Section 1. That on and after the passage and approval of this Bill, Section Seven of the said Act approved March 25, 1937, creating the Board of Commissioners of Roads and Revenues in and for the county of Pierce as found on page 1399 and 1400 of the Georgia Laws of 1937, be and the same is hereby stricken in its entirety and the following is substituted in lieu of Section Seven so stricken. The new Section to be known as Section Seven and to be as follows: The compensation of the Chairman of said Board shall be $3,000.00 per year, payable monthly and he shall be allowed mileage at the rate of five cents per mile for every mile traveled attending to official business, together with such other expenses as he may incur and deem necessary in the discharge of his duties imposed upon him by this act. Such mileage and expenses shall be paid upon the presentation

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of the itemized voucher and by the approval of the majority of said Board. Act 1937, pp. 1399-1400, Sec. 7, stricken. New Sec. 7. Salary of Chairman. Section 2. Section Eight of said act as appears on page 1400 of the 1937 Georgia Laws being the same is hereby stricken and a new section to be known as Section Eight is substituted in lieu thereof to be as follows: Section Eight, The members of said Board other than the Chairman shall receive as their compensation the sum of $6.00 per diem for every day engaged upon the duties as such county Commissioners, together with an annual salary of $120.00 payable monthly and five cents per mile for every mile traveled in the discharge of the duties of their office; together with such other expense as they may incur and deem necessary incident to the discharge of their duties imposed upon them by this act. Such mileage and expense vouchers shall be filed in itemized sums by each member and shall be paid upon the approval by a majority vote of said Board. Sec. 8 stricken. New Sec. 8. Per diem and salary of commissioners. Section 3. Section Twelve of said Act as found on page 1403 of the Georgia Laws of 1937 is hereby amended by adding at the end of said section and to be a part of said section twelve the following: The Board is hereby authorized to employ such other help as they may deem necessary and also a Warden for the County at a salary not to exceed $150.00 per month together with an allowance of $50.00 per month in addition to said salary for the use of the Warden's automobile and to pay such other expenses and to furnish said Warden with materials, parts and gasoline as they may deem necessary in the discharge of his duties. Sec. 12 amended. Warden. Salary. Section 4. Be it enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1943.

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PIERCE SHERIFF'S BOND PREMIUMS. No. 284. An Act to provide for the payment from county funds of the Official bond of the Sheriff of Pierce County, Georgia; 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 premiums together with all costs therefor, for the official bond of the Sheriff of Pierce County, shall be paid from any county funds by the authority disbursing the county funds of said county. Premiums paid from County funds. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1943. PUTNAM COMMISSIONERSAMENDMENTS. No. 164. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Putnam and defining its powers and duties, approved September 8, 1879 (Georgia Laws 1879, pp. 334-336); to repeal the Act approved February 2, 1938 (Georgia Laws 1937-1938 Extra Session, pp. 874-875) relieving the Board of Commissioners from publishing monthly reports of county affairs; to provide that members of the Board of Commissioners shall be bonded; to provide for the payment of premium thereof; to require annual audits; to provide for the publishing of audits; the time to be published; the effective date; to provide for the qualifying and election of Commissioners, and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. That from and after the passage and approval of this Act the Act approved February 2, 1938 (Georgia Laws 1937-1938 Extra Session, pp. 874-875) relieving the Board of Commissioners of the County of Putnam of the duty of publishing monthly reports of county affairs be and the same is hereby repealed. Ga. Laws 1937-38, pp. 874-875 repealed. Section 2. That the Act approved September 8, 1879 creating a Board of Commissioners of Roads and Revenues for the County of Putnam, defining its powers and duties, and all amendatory Acts thereof, be and the same is hereby amended by adding five new sections to be numbered Section 1a, Section 2a, Section 3a, Section 4a and Section 5a, which shall read as follows: Act 1879 amended. Section 1a. That the members of the Board of Commissioners of Putnam County, Georgia, shall give individual bonds in the sum of five thousand ($5,000.00) dollars each, guaranteed by some surety company qualified to do business in the State of Georgia, and payable to the Ordinary of Putnam County, Georgia. The condition of said bond is for the faithful and impartial performance of their duties of office and to secure the proper accounting of all funds coming into their hands. The right of action on said bonds shall exist in favor of the Ordinary or his successor, or any citizen or taxpayer of Putnam County. The premium on the said bonds shall be paid out of the general funds of Putnam County, Georgia, and governing authorities of Putnam County, Georgia, are hereby authorized and directed to pay the said premium. New sections. Bonds. Section 2a. It shall be the duty of the Board of Commissioners of Roads and Revenues to employ annually a certified public accountant to audit all of the books, records, papers, vouchers and accounts of the County Officers including the Tax Collector, County Commissioner,

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Sheriff, Ordinary, Clerk of the Superior Court, County Depository, Solicitor and County Court, County School Superintendent and County Board of Education. That said audit shall be made at the end of each calendar year and be published in the official county paper not later than April 1 of each year, and that a copy of said audit shall be presented to the Grand Jury at the March Term of Putnam Superior Court. The expense of the audit and the publication of same shall be paid for out of the general funds of the County Board of Commissioners. Audits. Section 3a. In the event the County Commissioners shall fail to have said audit prepared and published as required by this Act then, in that event, it shall be the duty of the Judge of the Superior Court to declare vacant the office of the member or members responsible therefor upon the petition of any citizen or taxpayer of Putnam County, Georgia; and the Judge of the Superior Court shall immediately fill such vacancy or vacancies by appointment, until the same are filled by special election called by the Ordinary of Putnam County for that purpose as now provided for by law in such cases. Failure to require audits. Section 4a. That each and every candidate for County Commissioner of Putnam County, Georgia, shall designate with his local Democratic Committee in all primary elections and qualify for a specific seat on the Board of County Commissioners, by naming the incumbent candidate he desires to oppose; and, thereupon, he shall be qualified, if otherwise qualified, to oppose such incumbent candidate and no other. 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 Democratic Committee his intention to run for the office formerly held by said incumbent, by naming him. That the Chairman of said Board of Commissioners shall likewise be

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determined by the vote of the people instead of by the membership of said board, and the candidate running for Chairman of said board shall likewise designate with his local Democratic Committee his desire to run for Chairman. No person can be elected Chairman unless he complies with the provisions herein set up. All ballots for such primaries and/or elections shall be prepared accordingly. Elections. Section 5a. That the provisions contained in Section 4a shall go into effect immediately and shall apply and be used in the elections to be held in 1944. All other provisions of this Act to become effective as of January 1, 1945. Section 3. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved February 22, 1943. RANDOLPH COMMISSIONERS' TERMS AND COMPENSATION. No. 290. An Act to amend an Act approved February 13, 1935, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Randolph, State of Georgia; to provide for the appointment, qualifications, and election of the members thereof; to provide their terms of office, their powers, duties, and compensation; to provide for the appointment of a Clerk by said Board; and for other purposes. By striking from said Act all of Section 7, and inserting in lieu thereof a new section so as to make the terms of the Commissioners run for four years and so as to provide that the Commissioners from Districts number one (1) and five (5)

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shall be elected in different years from those of Districts two (2), three (3), and four (4), and for this purpose to extend the terms of Commissioners now serving from Districts one (1) and five (5), and by striking from Section 19 in the second line the words The same pay as Jurors and inserting in lieu thereof the words Four Dollars so that said Commissioners of Roads and Revenues for Randolph County will be paid four dollars ($4.00) per day for each day while occupied and engaged in transacting County business, 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 February 13, 1935, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Randolph, State of Georgia, to provide for the appointment, qualifications, and election of the members thereof; to prescribe their term of office, their powers, duties, and compensation; to provide for the appointment of a Clerk by said Board; and for other purposes. Be, and the same is hereby amended by striking from said Act all of Section 7, and inserting a new section in lieu thereof which said new section shall be numbered section 7 and shall read as follows: Act 1935 Sec. 7 stricken. Section 7. The Commissioners now holding office for Districts one (1) and five (5) shall hold office until the first Tuesday in January, 1947, and the Commissioners now holding office for Districts two, three, and four shall hold office until the first Tuesday in January, 1945. Thereafter the terms of all Commissioners shall be for four years, and until their successors are elected and qualified. The next primary and general election for Commissioners for Districts two (2) three (3) and four (4) shall be held at the time the State House Officers

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are nominated and elected in 1944; and every four years, and the Commissioners elected in 1944 shall take office on the first Tuesday in January, 1945. The Democratic Executive Committee for Randolph County shall set the date of a Primary for Commissioners for Districts one (1) and five (5) which shall be held in 1946, and thereafter the General election for Commissioners for Districts one (1) and five (5) shall be held on the first Tuesday in November, 1946, and every four years. Commissioners elected at this time shall take office on the first Tuesday in January, 1947. The rules and regulations governing the Primaries and Elections of State House Officers shall apply and govern in all elections to be held for Commissioners under this Act. New Sec. 7. Election. Section 2. Be it further enacted by the authority aforesaid, that said Act approved February 13, 1935, creating a Board of Commissioners for Randolph County be, and is hereby amended by striking from Section 19 in line two the words the same pay as Jurors and inserting in lieu thereof the words Four dollars so that said section when amended shall read as follows: Sec. 19 amended. Section 19. Be it further enacted by the authority aforesaid, that said commissioners shall receive four dollars for each day while occupied and engaged at the regular and special sessions in transacting business for county purposes, to be paid from funds of the county on an order drawn by the board and signed by the chairman and clerk; and said commissioners shall be subject to prosecution for malpractice in office in the same manner as justices of the peace, and shall be exempt from road, jury and militia duty. As amended. Per diem. 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 11, 1943.

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ROCKDALE TAX COLLECTOR'S OFFICE ABOLISHED. No. 180. An Act to abolish the Office of Tax Collector for Rockdale County, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the office of Tax Collector of Rockdale County as created in the Act creating Rockdale County, (Georgia Laws 1870, page 16), be and the same is hereby abolished. Office abolished. Section 1-A. This Act shall become effective January 1, 1944. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1943. ROCKDALE TAX COMMISSIONER CREATED. No. 181. An Act to create the Office of Tax Commissioner of Rockdale County; to fix the term of said office, to appoint a Tax Commissioner; to provide for the election of a successor; to authorize the appointment of a Tax Commissioner in the event of a vacancy; to prescribe the qualifications and duties of said commissioner; to fix the salary of said office; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the Office of Tax Commissioner of Rockdale County, with the same rights, duties and liabilities as were heretofore incumbent on the

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Tax Collector and Tax Receiver of Rockdale County. All general laws now governing the Office of Tax Receiver and Tax Collector shall govern the Tax Commissioner in so far as the same are applicable, and except as hereinafter provided. Tax Commissioner created. Section 2. That the Tax Collector and Tax Receiver of Rockdale County are hereby directed to turn over their records, books and equipment of their office to the Tax Commissioner of Rockdale County. Section 3. That all fees, costs, commissions and other compensations allowed to the Tax Receiver and Tax Collector of Rockdale County, shall be collected by the said Tax Commissioner and any such funds so collected, shall be paid into the treasury of Rockdale County. Fees, etc., paid into County Treasury. Section 4. Be it further enacted that the Tax Commissioner of Rockdale County shall receive and be paid, as full compensation, for any and all duties performed by him, the sum of Eighteen Hundred ($1800.00) dollars per annum, to be paid in monthly installments of One Hundred and Fifty ($150.00) dollars each, from county funds by the Commissioner of Roads and Revenue of Rockdale County, Provided, however, that said Tax Commissioner shall be permitted to hire clerical help to assist in performing the duties of said office, said help to be paid as the Tax Commissioner is paid herein, but the amount of clerical hire shall not exceed the sum of Four Hundred ($400.00) dollars per annum. Salary. Clerical help. Section 5. That said Tax Commissioner shall have his office in the courthouse of said county at Conyers, Georgia, and he shall not be required to make any rounds to receive tax returns or tax payments. Office. Section 6. That Mrs. Fannie S. Freeman the present Tax Collector of Rockdale County is hereby named Tax

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Commissioner of Rockdale County for a period of five years, beginning January 1, 1944. Tax Commissioner named. Section 7. That after the expiration of the term of the Tax Commissioner named herein, the term of office of such Commissioner shall be for a period of four (4) years, and the successor of Mrs. Fannie S. Freeman is to be elected in the same manner and time as the Ordinary of Rockdale County is now elected. Her successor to be named in the general election of 1948. Election. Section 8. That in the event said office becomes vacant by death or otherwise, the said vacancy to be filled for any unexpired term by appointment of the Governor. Vacancy. Section 9. That said Commissioner shall be commissioned as the Clerks of Superior Courts are. Section 10. That before entering upon the duties of his office, said Tax Commissioner shall take the oath now prescribed by law for the Tax Collector and Tax Receiver, and shall at the same time give bond and security as prescribed by Section 92-4801 of the Code of Georgia of 1933. Said bond premium to be paid by the Commissioner of Roads and Revenues of Rockdale County from County funds. Oath. Bond. Section 11. That all taxes that are due and payable at the time the provisions of this act shall become effective, and all tax executions heretofore issued by the Tax Collector of Rockdale County, shall have full force and effect, and shall be collectible as issued. Section 12. That the Commissioner of Roads and Revenue of Rockdale County is hereby authorized and empowered to levy and collect a tax on all taxable property in Rockdale County, sufficient to pay the salary of said Commissioner and his expenses as herein provided. Section 13. The Commissioner of Roads and Revenue

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of Rockdale County shall furnish the necessary equipment and supplies for said office. Office supplies. Section 13-A. This Act shall become effective January 1, 1944. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1943. ROCKDALE TAX RECEIVER'S OFFICE ABOLISHED. No. 179. An Act to abolish the Office of Tax Receiver for Rockdale County, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the office of Tax Receiver of Rockdale County as created in the Act creating Rockdale County, (Georgia Laws 1870, page 16), be and the same is hereby abolished. Tax receiver abolished. Section 1-A. This Act shall become effective January 1, 1944. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1943.

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SCHLEY TAX COMMISSIONER. No. 201. An Act to consolidate the office of Tax Receiver and Tax Collector in the County of Schley, to fix the compensation for the officer performing the duties of said office when so consolidated, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the office of Tax Receiver and Tax Collector for the County of Schley, State of Georgia, be and the same is hereby consolidated and the official performing the duties of said two offices, when so consolidated, shall be known as the Tax Commissioner of Schley County. Offices consolidated. Section 2. Be it further enacted by the authority of the same, that said Tax Commissioner as aforesaid shall perform all the duties which are now performed by the Tax Receiver and Tax Collector of Schley County and shall receive as compensation therefor the sum of Twelve Hundred ($1,200.00) Dollars per annum, the same to be paid in monthly installments, and the County Commissioners of Roads and Revenues of Schley County are hereby authorized to levy and collect a tax upon all the property of said county sufficient to pay said salary so fixed. Tax Commissioner. Compensation. Section 3. Be it further enacted by the authority aforesaid, that the said Tax Commissioner shall be elected by the qualified voters of said county at the general State election to be held in said county in the year 1944, to serve for a term of four years beginning January 1st, 1945, and thereafter the term of said Tax Commissioner shall be for a term of four years, and shall be elected by the qualified voters of said county at the regular state election held in said county immediately preceding the expiration of the incumbent. Election. Term of office.

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

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which are now, which may hereafter be allowed by law, to be received or collected as compensation for services by any of above named officers, shall be received or collected as compensation for services by any of the above named officers, shall be received and collected by said Tax Commissioner for the sole use of the county and shall be held as public moneys belonging to said county and accounted for and paid over to said county on the first day of each month at which time a detailed statement shall be made by said Tax Commissioner, under oath, showing such collections, and the sources from which collected, and the county treasurer shall keep a separate account showing the sources from which said funds were paid. Fees and commissions payable. Section 7. That this Act shall go into effect January 1st, 1945. Effective date. Section 8. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1943. SCREVEN TREASURER ABOLISHEDREFERENDUM. No. 367 An Act to abolish the county treasurer for the county of Screven, to provide for the creation of a depository for said county; to provide the manner and authority by which said depository shall be designated and appointed; to provide for the receiving and disbursing of public funds of said county, and to provide for the submission of this Act to the people for ratification or rejection, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid,

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that the office of treasurer of Screven County, Georsia, be and the same is hereby abolished on and after the first day of January, 1945, provided this Act is ratified in the manner hereinafter pointed out. Office abolished. Section 2. Be it further enacted by the authority aforesaid, that the Board of Commissioners of Roads and Revenues for the County of Screven are hereby authorized and required to appoint some chartered bank of said county as depository of the county funds of said county, which depository shall receive and deposit all funds of said county, and from which all funds of the county shall be disbursed. Said depository so selected shall give bond in such sum as may be designated by the Commissioners of Roads and Revenues. Said depository shall receive no pay or compensation for its services, but the Board of Commissioners of Roads and Revenues are hereby directed and authorized to pay the premiums on the bond of said depository. Said depository shall be so selected on the first meeting day, or first court day, held by such Commissioners of Revenue and Roads each year. County depository. Section 3. Be it further enacted by the authority aforesaid, that all funds deposited in such depository belonging to said county shall be disbursed and paid therefrom on warrant or warrants drawn by the Chairman of the Board of Commissioners of Roads and Revenue and countersigned by the Clerk of said board. Funds paid on warrant. Section 4. Be it further enacted by the authority aforesaid, that the Clerk of the Board of Commissioners of Roads and Revenues shall be required to give bond in such sum as may be designated by the Board of Commissioners of Roads and Revenues. The premium on said bond to be paid by the County out of county funds. All of the duties, responsibilities and liabilities heretofore, by law, placed upon the Treasurer of the County of Screven, are hereby

Page 1114

transferred to the Clerk of the Board of Commissioners of Roads and Revenues. Clerk's bond. Section 5. Be it further enacted by the authority aforesaid, that this Act shall not go into effect until the same has been ratified by the voters of the county of Screven, and the Ordinary of the County of Screven is hereby authorized and directed to prepare, at the expense of the county, ballots and furnish same to the election managers of said county, at the first General Election to be held for the ratification of Constitutional amendments, or for the election of nominees of county officers, and those desiring to vote for the ratification of this Act shall have printed on their ballot For the abolishment of the county treasurer of Screven County and those desiring to vote against the ratification of this Act shall have printed on their ballot Against the abolishment of the county treasurer of Screven County. The election managers shall make their return to the Ordinary who shall consolidate the vote and certify the results to the County Commissioners of Roads and Revenues for Screven County. The result of the election shall be entered on the minutes of the Ordinary and also of the Board of Commissioners of Roads and Revenues. If a majority of those voting, vote for the abolishment of the county treasurer and in favor of ratification of this Act, then this Act shall become effective as of January 1st, 1945, and as provided for in this Act. Referendum. Election. Ballots. Returns. Effective date. Section 6. 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 18, 1943.

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SCREVEN TREASURER'S COMPENSATIONREFERENDUM. No. 368. An Act to correct an injustice to the County Treasurer of Screven County; to fix the compensation of the Treasurer of Screven County; to provide for a referendum submitting this Act to the qualified voters of Screven County; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the General Assembly by an Act approved March 8, 1939 reduced the salary of the Treasurer of Screven County $50.00 per month for approximately 18 months of the term to which he had been elected. This Act is therefore passed to correct the wrong thus directed against said Treasurer. Purpose of Act. Section 2. That commencing July 1st, 1943, the compensation of the County Treasurer of Screven County, Georgia shall be $100.00 per month, payable monthly by the commissioners of said county at their monthly meeting, and in addition to paying said Treasurer $100.00 per month, the county Commissioners shall pay the fee charged by a bonding company for the bond of said county treasurer; provided that the county Commissioners shall pay to said Treasurer, only $50.00 per month until this Act has been voted upon by the people of Screven County; should the people of Screven County ratify this Act, the county Commissioners of said county shall pay the additional $50.00 a month from July 1st to the time of ratification, and thereafter $100.00 per month as herein provided for. Compensation. Proviso. Section 3. Be it further enacted that before this Act shall go into effect and become a law, it shall be submitted to the qualified voters of Screven County at the next general election

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to be held either for the ratification of a constitutional amendment, or for the election of nominees for county officers, whichever is first held. The ordinary is directed to publish a notice of the submission of this bill to the people 30 days before the date same is to be voted upon. It shall be the further duty of the ordinary to prepare tickets for said election and thereby submit to the voters the question in the following form: For the paying the county treasurer of Screven County $100.00 per month, or Against paying the county treasurer of Screven County $100.00 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. The returns of the election thus held shall be made to the ordinary of Screven County. Upon consolidation, if a majority of the voters in said county shall vote for paying the county treasurer of Screven County $100.00 per month, then this Act shall become a law effective July 1, 1943, and it shall be the duty of the county commissioners to pay the county treasurer the sum of $100.00 for each month from July 1st, 1943, as provided in Section 2 of this Act. If it should fail to receive a majority of the votes cast in said election, then this Act shall not become effective. Referendum. Election. Ballots. Effective date. Section 4. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 18, 1943. STEWART COMMISSIONER'S CLERK. No. 282. An act to amend An Act to create the office of Commissioner of Roads and Revenue of the County of Stewart; to provide for his election and his recall; to prescribe the term of office of the commissioner so elected; to define

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certain qualifications of said commissioner; to define the duties of the commissioner, and provide for the proper supervision of his acts and the auditing of his books and such records as are now kept in the office of Commissioners of Roads and Revenue; to specify the compensation of such commissioner, and how it may be levied and paid for his work; and generally to provide for the management of the affairs of said county, and for clerk of said commissioner; and for other purposes, by striking Section 27 pertaining to the salary of the clerk of said commissioner and substituting a new section, to be known as Section 27; and for other purposes. Be it enacted by the General Asseembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That Section 27 of an Act approved August 20, 1927 (Georgia Laws 1927, page 654) be and the same is hereby stricken and a new section, to be known as Section 27, is substituted therefor, which shall read as follows: Sec. 27 of Act of 1927 stricken. Section 27. Be it further enacted by the authority aforesaid that it shall be the duty of the ordinary of Stewart County to act as clerk for said commissioner, keeping all records, books and minutes of said commissioner's office, and display them or publish them as may be directed by said commissioner, for the information of the general public, and said ordinary shall receive as compensation $150.00 per annum, payable in three equal installments of $50.00 each, such payment to be made at the end of each four-month period. New Sec. 27. Compensation. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1943.

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STEWART DISBURSING CLERK. No. 283. An Act to amend an Act approved August 20, 1937 (Ga. Laws 1927, page 666), abolishing the office of County Treasurer of Stewart County, Georgia, providing for the appointment of a depository of county funds; creating the office of disbursing clerk of Stewart County, describing his duties and qualifications and compensation, and for other purposes by striking from said Act Section 11 thereof, which provides the salary of said disbursing clerk of $150.00 per annum and substituting a new Section 11 to provide a salary of $500.00 per annum, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 11 of an Act approved August 20, 1927 (Ga. Laws 1927, page 670), relating to the compensation of the disbursing clerk, and the duties of said clerk, be and the same is hereby stricken from said Act, and a new Section 11 is hereby enacted to read as follows: Sec. 11 of Act of 1927 stricken. Sec. 11. Be it further enacted by the authority aforesaid, that the salary of the disbursing clerk shall in no case exceed $500.00 per annum, and may be named from time to time by the Commissioner of Roads and Revenue within this maximum, viz:, $500.00 per annum. The Commissioner of Roads and Revenue shall employ said disbursing clerk, and his salary shall be paid out of the general funds of Stewart County; however, if said disbursing clerk fails to perform such duties as outlined in this Act, he shall be removed from office by the Commissioner of Roads and Revenue, and only that part of his salary as may be due at the time of removal shall be due him, and this only to be paid to said disbursing clerk. In such event as would occasion a vacancy in the office of

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disbursing clerk, said Commissioner of Roads and Revenue shall appoint a successor upon the same terms as outlined in the aforesaid sections. New Sec. 11. 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 9, 1943. SUMTER PRIMARY ELECTION CANDIDATES. No. 43. An Act to repeal An Act passed in 1937 found in Georgia Laws for 1937, page 1422, the same being an act To require candidates in primary elections for members of the General Assembly in Sumter County, to specify the particular incumbent which they desire to oppose or succeed, 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 to require candidates in primary elections for members of the General Assembly in Sumter County, to specify the particular incumbent which they desire to oppose or succeed, found in Georgia Laws of 1937, page 1422, approved March 16, 1937, being the same is hereby repealed. Act of 1937 repealed. Section 2. That all laws and parts of laws in conflict of this Act, be and the same are hereby repealed. Approved February 11, 1943.

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TALIAFERRO COMMISSIONERS' CLERK'S COMPENSATION. No. 50. An Act to amend an Act amending an Act to create a Board of Commissioners of Roads, Public Buildings and Public Property and Finances, for the counties of Warren and Taliaferro and for other purposes, Approved February 12, 1877, so as authorize said Board to employ a Clerk for said Board, and to provide compensation therefor, said Act having been approved August 14, 1919. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it hereby enacted by authority of the same, That from and after the passage of this Act, Section 1 of the Act of the General Assembly of Georgia, Approved August 14, 1919, be and the same is hereby amended by inserting after the word Ordinary in said section the words or such other person as may be employed as such Clerk of said Board, so that said section when amended shall read as follows: Sec. 1 of Act of 1919 amended. Be it enacted by the General Assembly of the State of Georgia, and it hereby enacted by authority of the same, that from and after the passage of this Act, the Ordinary, or such other person as may be employed as such Clerk of said Board, of Taliaferro County, for services rendered by him as clerk of the Board of Commissioners of Roads and Revenue of said county, may receive such compensation as said Board of Commissioners may consider proper, provided, the sum so allowed to said Clerk as compensation for the duties performed by him as Clerk of said Board shall in no case be less than one hundred ($100.00) dollars per annum. Sec. 1 as amended. Compensation. 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 11, 1943. TALIAFERRO TREASURER. No. 229. An Act to amend An Act to abolish office of County Treasurer of Taliaferro County; to provide for the designation of county depository or depositories for the funds of said county, to provide for the payment of county warrants and for the disbursements of the funds of the county, and for other purposes, approved August 12, 1915, by striking the word chartered from the fourth line of Section 3 of said Act, and by striking the words not more than ten thousand from the tenth line of said section; and by striking the words in said county where it first appears in Section 4 of said Act, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That, an Act to abolish office of County Treasurer of Taliaferro County; to provide for the designation of county depository or depositories for the funds of said county, to provide for the payment of county warrants and for the disbursements of the funds of the county, and for other purposes, approved August 12, 1915, be amended by striking the word chartered from the fourth line of said section; and by striking the words in said county where it first appears in Section 4 of said Act; so that said sections as amended shall read as follows: Act of 1915 amended. Section 3. The county commissioners shall, at their

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regular meeting in January, 1917, and once every two years thereafter, at the same meeting, or as soon thereafter as practicable, select some solvent bank in Taliaferro County to act as a depository for the purpose of handling and paying out and otherwise dealing with and disposing of the funds of said county, and for performance of all the duties now performed by the treasurer of said county. Said bank shall be required to give bond in a sum not less than five thousand dollars, as may be required by the county commissioners of said county through an official order of said body entered upon the minutes of said county commissioners. Where said bond is given in some regular bonding company, the premiums shall be paid out of any county funds available therefor, but no other compensation shall be allowed said depository. Sec. 3 as amended. County depository. Bond. Premiums. Section 4. Upon a refusal to act or a failure to perform the duties by any bank which may be designated by the Commissioners of Taliaferro County, the said commissioners shall at once, or as soon as practicable, designate some other bank to act as depository for the said county. If no bank qualifies under the terms of this Act, or after qualifying, fails to perform its duties, then the commissioner shall designate some individual in said county who shall serve under all the provisions of this Act. Duty of commissioners on failure to act. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 3, 1943.

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TELFAIR COMMISSIONERS' CLERK'S SALARY. No. 122. An Act to amend the Act of the General Assembly of Georgia approved August 27, 1931, Acts 1931, pages 566 et. seq., as amended by the Act approved March 23, 1935, pages 805 et. seq., creating the office of Commissioner of Roads and Revenues of the County of Telfair and providing for the Clerk of such Commissioner and the salary of the Clerk, so as to amend said Acts as they relate to the salary of the Clerk of said Commissioner and the manner of fixing the same, and to change the manner of fixing such salary and to fix 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 Act approved August 27, 1931, Acts 1931, pages 566 et. seq., as amended by the Act approved March 23, 1935, Acts 1935, pages 805 et. seq., creating the office of Commissioner of Roads and Revenue for the County of Telfair and providing for the Clerk of such Commissioner and the salary of the Clerk, be and the same are hereby amended as follows, to-wit: Acts of 1931 and 1935 amended. Section 2. The salary of the Clerk to the Commissioner of Road and Revenues of said County, of Telfair, from and after the passage of this Act, shall be and is hereby fixed at the sum of one hundred and twenty-five ($125.00) dollars per month, the same to be paid at such times as the Commissioner of Roads and Revenues of said County of Telfair may direct and fix. Salary. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved February 22, 1943.

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TOOMBSHUNTING DEER PROHIBITED. No. 40. An Act to make illegal to shoot or hunt deer in the county of Toombs for a period of five years from October 1st. 1943; to provide for the punishment for violation of this law and other matters. Section 1. Be it enacted by authority of the general assembly of the State of Georgia and is hereby enacted that on and after the passage of this act it shall be illegal to hunt or kill deer in the county of Toombs for a period of five years from October 1st. 1943, said act expiring by operation of law on the 1st. day of October, 1948. Five years closed season. Section 2. Be it further enacted by the authority aforesaid that any one violating this act by the hunting, or killing of deer within the county of Toombs, shall upon the filing of an acquesation or indictment if tried and convicted shall be punished as for a Misdemeanor. Violation of Act a misdemeanor. Section 3. All laws or parts of laws in conflict with this act are hereby repealed. Approved February 11, 1943. TWIGGS COMMISSIONERS' TERMS. No. 362. An Act to amend an Act approved July 27, 1923, entitled Twiggs Board of Commissioners Created (Ga. Laws 1923, pages 324-332), by striking and repealing Section 3, and substituting in lieu thereof a new Section 3 providing that after the present term of the commissioners has expired, the next term commencing January 1, 1945 shall be for a period of 4 years; to provide that all subsequent

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terms shall be for a period of four years; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That Section 3 of an Act approved July 27, 1923 entitled Twiggs Board of Commissioners Created (Ga. Laws 1923, pages 324-332), be amended by striking and repealing said Section and substituting in lieu thereof a new Section 3 to read as follows: Sec. 3 of Act of 1923 repealed. Section 3. That after the present term of office of the commissioners expires on December 31, 1944, the newly elected commissioners shall be elected for a term of 4 years commencing January 1, 1945, and every 4 years thereafter. New Sec. 3. 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 18, 1943. WASHINGTON COMMISSIONERS' COMPENSATION. No. 153. An Act to amend an Act approved March 15, 1935, (Ga. Laws, 1935, page 830) relating to the compensation of the County Commissioners of Washington County; their manner of election and term of office, and for other regulations concerning the Board of County Commissioners by striking from said Act of March 15, 1935, Section 3 thereof, relating to the amount of annual compensation of such commissioners and substituting a new Section 3 to

Page 1126

raise such compensation to thee sum of $600.00 per annum. Be it enacted by the General Assembly of Georgia: Section 1. That Section 3 of that certain Act approved March 15, 1935, (Ga. Laws, 1935, page 832) be stricken from said Act and a new Section 3 is hereby enacted to read as follows: Sec. 3 of Act of 1935 stricken. Section 3. Each Commissioner shall receive for his services the sum of $600.00 per year, payable in monthly installments of $50.00 each, beginning on the first day of April, 1943. New Sec. 3. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act, be and the same are, hereby repealed. Approved February 22, 1943. WASHINGTON SHERIFF'S BOND REDUCED. No. 252. An Act to reduce the bond of the sheriff of Washington County, Georgia, from the amount of ten thousand ($10,000.00) dollars to five thousand ($5,000.00) dollars; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that the sheriff of Washington County, Georgia, shall be required to give bond in the sum of five thousand ($5.000.00) dollars instead of ten thousand ($10,000.00) dollars as provided by the general law as laid down in the Code of 1933, section 24-2305, and it is the purpose of this Act to reduce the amount of said sheriff's bond from

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ten thousand ($10,000.00) dollars to five thousand ($5,000.00) dollars. Section 2. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that this Act is to become effective immediately upon its passage and approval of the Governor of Georgia. Section 3. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 5, 1943. WAYNE COMMISSIONERSSALE OF LOTS. No. 246. An Act to give and grant to the Commissioners of Roads and Revenues of Wayne County, Georgia, the original land lots numbers 20 and 48, in the 3rd Land District of said County, with right to sell same or any part thereof at public outcry as herein provided for; authorizing deed in the name of the State of Georgia; and for other purposes. Be it enacted by the State of Georgia and it is hereby enacted by authority of the same: Section 1. The lands hereinafter described were purchased by the County of Wayne and donated by it to the State of Georgia for development by the Department of Natural Resources; the said deed dated February 1st, 1938, and recorded in said Wayne County Records in Book 55, page 150, being in the form of a deed of bargain and sale, but in fact was a deed of gift. Section 2. The said lands have not been developed by

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the said Department and are not suited for any use by the said Department nor the State of Georgia. Section 3. Said original lots of lands numbers 20 and 48, in the 3rd land District of Wayne County, Georgia, containing 490 acres, each, more or less, are hereby given and granted to the Commissioners of Roads and Revenues of Wayne County, Georgia, (a political sub-division of the State of Georgia), and their successors in office and assigns, forever, in fee-simple, and the Governor of the State of Georgia is hereby authorized and empowered to execute in the name of the State a written instrument of conveyance in pursuance hereof. Section 4. The said Commissioners of Roads and Revenues may sell the said lands or any portion thereof and, upon such terms and conditions as they, in their uncontrolled discretion, may deem best; provided, however, that any such sales or sales shall be at public outcry and advertised and held in the manner provided by law for Sheriff's sales in the State of Georgia. Public sale. Section 5. Be it further enacted that all laws and parts of law in conflict herewith be and the same are hereby repealed. Approved March 4, 1943. WEBSTER COMMISSIONER'S CLERK AND COMPENSATION. An Act to amend an Act approved August 28, 1931 (Georgia Laws 1931, pages 597-608) an Act to create the office of Commissioner of Roads and Revenues of the County of Webster; to provide for his election and his recall; to provide the term of office of the Commissioner so elected; to define certain qualifications of said Commissioner;

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to define the duties of the Commissioner, and provide for the proper supervision of his acts and the auditing of his books and such records as may be kept in the office of said Commissioner; to specify the compensation of said Commissioner and how it may be changed, and how it may be levied and paid; and generally to provide for the management of all of the affairs of said county, and for clerk for said Commissioner; as amended Georgia Laws of 1933 pages 752-754, approved March 1, 1933, providing for a County Attorney; for the salary of the Commissioner and Clerk, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 9 of the Act creating the office of Commissioner of Roads and Revenues of the County of Webster (Georgia Laws 1931, pages 597-608) approved August 28, 1931, and as amended by Act approved March 1, 1933, (Georgia Laws 1933, page 752-754) relating to the compensation of said Commissioner and the pay of a Clerk or Bookkeeper, be and the same is hereby repealed and a new Section inserted in lieu thereof to be numbered Section 9 and to read as follows: Sec. 9 of Acts of 1931 and 1933 repealed. Be it further enacted by the authority aforesaid that the Compensation of the said Commissioner shall be eighteen hundred ($1800.00) dollars per annum to be paid at the rate of one hundred and fifty ($150.00) dollars per month at the end of each calendar month; said salary so fixed shall include all expenses incurred by said Commissioner in connection with his supervision of the work and affairs of the County; it being expressly provided that he shall not maintain or operate a car at the expense of the County; however, said Commissioner may, if he deems best, employ a Clerk or Bookkeeper at not more than three hundred ($300.00) Dollars per

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annum, to be paid monthly out of any funds available for the purpose. New Sec. 9. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1943. WEBSTER TAX COMMISSIONER'S COMPENSATION. No. 155. An Act to amend an Act approved August 8, 1931 (Georgia Laws 1931, pages 610-613) abolishing the office of Tax Receiver and Tax Collector of Webster County; to create the office of Tax Commissioner of Webster County, Georgia; to fix the term and compensation of said officer, to provide that the laws of force as to Tax Receivers and Tax Collectors when the provisions of this Act become effective, shall be of full force and effect as to County Commissioners, so far as the same are applied; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 10 of the Act creating the Tax Commissioner's office of Webster County, Georgia, approved August 8, 1931 (Georgia Laws 1931, pages 610-613) relating to the pay of the Tax Commissioner of Webster County, Georgia, be and the same is hereby repealed and a new section inserted in lieu thereof, to be numbered Section 10 and to read as follows: Sec. 10 of Act of 1931 repealed. That the Tax Commissioner of Webster County, Georgia, shall receive a minimum salary of one thousand ($1,000.00) dollars per annum, or a maximum salary of fifteen hundred ($1500.00) dollars per annum, said salary

Page 1131

to be fixed by the County Commissioner of Webster County, Georgia, and said compensation to be paid in equal monthly payments. New Sec. 10. Compensation Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1943. WILCOX TREASURER. No. 306. An Act to strike and repeal in its entirety an Act entitled 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; the same having been approved on March 27, 1941, and found on pages 981-984 of the printed Acts of 1941; 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 March 27, 1941, (Ga. Laws 1941, pages 981-984) entitled: 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.

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be amended by striking and repealing said Act in its entirety. Act of 1941 repealed. Section 2. That all laws or parts of laws in conflict with this Act be, and same are hereby repealed. Approved March 11, 1943. WILKINSON COMMISSIONERSAMENDMENTS. No. 202. An Act to amend an Act creating a Board of Commissioners of Wilkinson County etc., approved February 28, 1933, Georgia Laws 1933 pp. (777-780), by repealing Section 7 of said Act relating to the quorum, pay and County Attorney of said Board and by substituting in lieu thereof, a new Section 7 providing for a quorum and salary of the Commissioners and County Clerk and Attorney, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 7 of an Act of the General Assembly, approved February 28, 1933, Georgia Laws 1933, pp. (777-780) relating to the quorum and salary of the members of the Board of Commissioners and Clerk, and County Attorney, by, and the same is hereby repealed in its entirety, and by enacting in lieu thereof, a new Section to be known as Section 7, to read as follows: Sec. 7 of Act of 1933 repealed. Section 7. That said commissioners shall hold monthly meetings at the court-house in said county on the first Tuesday in each month; that a majority of such commissioners shall be necessary to constitute a quorum of said board, and the concurrence of such majority shall be necessary to pass any order or decree. That said commissioners

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shall be paid fifteen ($15.00) dollars per month, and this shall be in full for all services rendered. That said commissioners are hereby given the right, when they deem necessary, to employ a clerk of said board, also an attorney for said county. The salary of said clerk and attorney shall be fixed by said Board of Commissioners. Said Clerk and attorney shall hold office at the will of the commissioners. New Sec. 7. Quorum. Compensation. Clerk and attorney. 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 2, 1943.

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TITLE III. SOLICITORS-GENERAL AND COURT REPORTERS. ACTS. Augusta CircuitSolicitor-General's Clerk. Solicitor-General's Assistant. Solicitors Leave of Absence. Stone Mountain Circuit Reporter's Compensation. SOLICITOR-GENERAL'S ASSISTANT. No. 363. An Act to amend an Act of the General Assembly of Georgia of 1890-91 (Georgia Laws, page 223) providing for the appointment of special criminal baliff in counties having a population of 20,000 or more as amended by the General Assembly of Georgia of 1929 (Georgia Laws, pages 177-179 and 179-182) providing for the salary of said special criminal baliff in counties having a population of not less than 70,000 and not more than 90,000 as amended by the General Assembly of 1937 (Georgia Laws, pages 790-91-92) providing that in counties having a population, according to the United States Census of 1930 or any future United States Census, of not less than 70,000 and not more than 80,000 there shall be an Assistant Solicitor General in lieu of said special criminal baliff and providing for the salary and for the oath, duties and qualifications for such office, by providing that in counties having a population, according to the United States Census of 1940 or any future United States Census, of not less than 81,800, and not more than 83,775, by increasing and providing

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that the salary of said Assistant Solicitor General shall be increased at a certain amount per month and for other purpose. 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 1890-91, to-wit: (Georgia Laws 1890-91 p. 223) the same providing for the appointment of Special Criminal Baliff in counties of this State having a population of 20,000 or more and the amendments of said Act by the General Assembly of Georgia of 1929, to-wit: (Georgia Laws 1929 pages 177-79 and 179-82) providing for the salary of said Special Criminal Baliff in counties having a population, according to the United States Census of 1920 or any future United States Census, of not less than 70,000 and not more than 90,000, and the amendments to said Act by the General Assembly of Georgia of 1937, to-wit (Georgia Laws of 1937 pages 790-92) providing that in counties having a population, according to the United States Census of 1930 or any future United States Census, of not less than 70,000 and not more than 80,000 there shall be an Assistant Solicitor General in lieu of said Special Criminal Baliff and providing for the salary and for the oath, duties and qualifications for such office, be and the same are hereby amended by adding the following provisions to Section One, Georgia Laws 1937, pages 792 of Act approved March 30th, 1937: Act of 1890-91 and amendatory Acts amended. Population. Provided, however, that in all counties of this State having a population according to the United States Census of 1940, or any future United States Census, of not less than 81,800 and not more than 83,775, the salary of the said Assistant Solicitor General shall be one hundred and seventy-five ($175.00) dollars per month to be paid monthly out of the county treasury of the county of said Assistant Solicitor General's appointment, and he shall be entitled

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to be paid monthly out of the county treasury of such county the sum of fifty ($50.00) dollars per month for car allowance so long as he uses his car in connection with his office. When and as amended in the above mentioned particulars said Section one of said Act approved March 39th, 1937, shall read as follows, to-wit: Proviso added to Sec. 1. Act of 1937. Compensation. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that the Act of the General Assembly of Georgia of 1890-91, to-wit, Georgia Laws 1890-91, page 223, the same providing for the appointment of special criminal baliffs in counties of this State having a population of twenty thousand (20,000) or more, and the amendments to said Act by the General Assembly of Georgia of 1929, to-wit, Georgia Laws, 1929, pages 177-79 and 179-82, providing for the salary of said special criminal baliffs in counties having a population according to the United States Census of 1920, or any future United States Census of not less than seventy thousand (70,000) and not more than ninety thousand (90,000) be, and the same are hereby amended by adding the following provisos: Provided, however, that in all counties of this State having a population according to the United States Census of 1930, or any future United States Census, of not less than seventy thousand (70,000) and not more than eighty thousand (80,000), the Solicitor General may appoint, with the approval of the Judge of the Superior Court of the circuit wherein the county of the appointment is situate, and Assistant Solicitor General; the said Assistant Solicitor to be subject to removal by the Solicitor General, with the approval of the Judge of the Superior Court, for misconduct in office, or other sufficient cause, to be judged of by them. Said Assistant Solicitor General shall be appointment as aforesaid, in lieu of the special criminal baliff hereinbefore provided, and

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no other investigation or assistant shall be employed by the Solicitor General in the county of the said Assistant Solicitor General's appointment. Said Assistant Solicitor General when appointed, and before assuming the office, shall take the same oath of office, in substance, as is prescribed for Solicitor General in this State. The duties of the said Assistant Solicitor General shall be to assist the Solicitor General in the performance of his duties in the county of the Assistant Solicitor General's appoinment, and to act therein for the Solicitor General in the case of his absence, sickness, or otherwise; the said Assistant Solicitor General to act as a special investigator in preparing all criminal business pending in the Superior Court in the county of said Assistant's appointment. The salary of the said Assistant Solicitor General shall be fixed by the county commissioners of said county, but shall not be less than two hundred ($200.00) dollars per month, to be paid monthly out of the county treasury of the county of said Assistant's appointment. Provided, however, that in all counties of this State having a population according to the United States Census of 1940, or any future United States Census, of not less than 81,800 and not more than 83,775, the salary of the said Assistant Solicitor General shall be one hundred and seventy-five ($175.00) dollars per month to be paid monthly out of the county treasury of the county of said assistant Solicitor General's appointment, and he shall be entitled to be paid monthly out of the county treasury of such county the sum of fifty ($50.00) dollars per month for car allowance so long as he uses his car in connection with his office. Sec. 1 as amended. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 18, 1943.

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AUGUSTA CIRCUITSOLICITOR-GENERAL'S CLERK. No. 365. An Act to amend an Act providing that the Solicitor General of the Augusta Circuit shall have the power to appoint a clerk for the office of the said Solicitor General for the performance of such duties as may be required of said clerk by the Solicitor General; to fix the salary and the payment thereof out of the treasury of Richmond County as a part of the court expenses of Richmond County, approved March 20, 1935 (Georgia Laws 1935, pp. 855-856), by increasing and providing that the salary of said clerk shall be fixed at a certain amount per month 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 March 20, 1935, providing that the Solicitor General of the Augusta Circuit shall have the power to appoint a clerk for the office of the said Solicitor General for the performance of such duties as may be required of said clerk by the Solicitor General and to fix the salary and the payment thereof out of the treasury of Richmond County, be and it is hereby amended by striking from the 3rd line of Section 3, a monthly salary of $75.00 and inserting in lieu thereof the words a monthly salary of $110.00 so that as amended, said provision shall read as follows: Act of 1935 amended. Section 3. Be it further enacted by the authority aforesaid that said clerk shall be paid from the treasury of Richmond County as part of the court expenses of said County a monthly salary of $110.00. Salary increased. Section 2. Be it further enacted by the authority aforesaid,

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that all laws or parts of laws in conflict herewith are hereby repealed. Approved March 18, 1943. SOLICITORSLEAVE OF ABSENCE. No. 318. An Act to grant leave of absence to such solicitors-general and such solicitors of city court or county court as now or hereafter may be in service in any branch of the armed forces of the United States of America during the present war; to provide for the discharge of the duties of his office pending his absence; to provide that any such officer absent on such leave shall be eligible for re-election at any election held to elect a successor for the next term of his office, and to permit such absent officer to qualify in absentia as a candidate therefor; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any Solicitor General who may now or hereafter be in service in any branch of the armed forces of the United States of America during the present war is hereby granted leave of absence from his circuit during such service, and his such absence shall not be deemed to be a neglect of his duties. The judge of the superior court of the circuit of which such absentee shall be the solicitor general shall appoint some attorney of the circuit as solicitor general pro tempore to act in his place during the time of his absence. A solicitor of any city court in the circuit shall be eligible to be appointed as the solicitor general pro tempore of the circuit, and to discharge the duties of his office. Absence due to service in armed forces. Solicitor pro tempore. Section 1-A. Any such solicitor-general, or solicitor of a city court, or solicitor of a county court, while now or hereafter

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absent on such leave, shall be eligible for re-election in any elections, primary and general, which may be held to elect a successor for the next term of his office; and such officer absent on such leave may qualify in absentia as a candidate to succeed himself in any such election; and where the giving of written notice of candidacy is necessary, such absent officer on such leave may deliver such notice by mail or messenger to the proper officer with whom such notice is required to be filed; and, in primary elections where fees are required, such absent candidate may pay his fee in person, by mail, or by messenger, or by agent, as he sees fit. Eligible for re-election while serving. Section 2. All conflicting laws are repealed. Approved March 15, 1943. STONE MOUNTAIN CIRCUIT REPORTER'S COMPENSATION. No. 272. An Act to provide a salary for the Official Court Reporter of the Stone Mountain Judiciary Circuit; to provide for the collection and disposition of fees for reporting services rendered by such Reporter; to provide for a deposit on such fees in the discretion of the judges of the Courts of said circuit; 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: Section 1. From and after the passage of this Act, the Official Court Reporter of the Stone Mountain Judicial Circuit shall be paid a salary of Three Thousand Dollars per annum, which salary shall be paid monthly on the first

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day of each month on the basis of Two Hundred and Fifty Dollars per month. Salary. Section 2. The salary herein provided shall be paid pro rata out of the general treasuries of the various counties comprising the Stone Mountain 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. Paid pro rata by counties. Section 3. It shall be the duty of the county authorities of the various counties comprising the Stone Mountain Judiciary 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. Tax to pay salary. Section 4. From and after the passage of this Act, the Official Court Reporter of the Stone Mountain Judicial Circuit shall make collection of all fees fixed by law arising from the reporting of cases in the Superior Courts of said Judicial Circuit and the City Court of Decatur so long as said Official Court Reporter shall serve as the Reporter for the City Court of Decatur, and all fees arising from the transscript of proceedings had in such cases, and shall pay 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 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.

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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 services rendered by him. A copy of the report to the County Treasurer 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. Fees collected and paid into County treasury. Proviso. Reports. Section 5. The Official Court Reporter of said Circuit shall cause to be issued executions for all unpaid fees to which he may be entitled in the name of said Official Court Reporter for the use and benefit of the county in which the court in which said fees accrued is located. Except as herein modified, all laws applicable to such executions shall remain in full force and effect. Executions for unpaid fees. Section 6. The judges of the courts included in this Act shall have authority in all civil cases to require a deposit on the fees of the Official Court Reporter before requiring him to take down the testimony in such cases. The amount of such deposit shall be fixed by the court, and shall be applied to the payment of legal fees to which the Official Court Reporter may be entitled, and if such deposit exceeds the

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legal fees arising in such cases the excess shall be returned to the parties making the deposit. Fees in civil cases. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1943.

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CITY, COUNTY AND MUNICIPAL COURTS

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PART IIICORPORATIONS. TITLE I. MUNICIPAL CORPORATIONS. ACTS. Abbeville Charter Amendments. Albany Employees' Pensions. Albany Transportation System. Alma Territorial Extension. Athens Charter Amendments. Athens Recorder's Term of Office. Athens Relief and Pension Fund. Atlanta Code Amendment. Atlanta Code Amendment. Atlanta Department of Law. Atlanta Firemen Death Benefits. Atlanta Territorial Extension. Attapulgus New CharterReferendum. Augusta Charter Amendments. Augusta Charter Amendments. Augusta Civil Service Commission Abolished. Augusta Officers and EmployeesFurloughs. Augusta Post War Reserve Fund. Barnesville Charter Amendments. Blairsville New Charter. Bowman CharterRegistration. BrunswickAuthority to Close Alley. Brunswick CommissionUse of Palmetto Square. Brunswick Retirement Pensions. Buena Vista Charter Amendments. Carrollton Charter Amendments. Claxton Salaries. Collins Charter. Collins CharterActs Repealed. Colquitt Charter Amendments. Commerce Charter Amendments. Cusseta Waterworks and Sewerage. Darien Sale of Abandon Streets. Danielsville Use of Streets Regulated. Davisboro Clerk and Treasurer Consolidated. Douglas Registration of Voters. Douglas Zoning. Dublin Charter Amendments. East Point Charter AmendmentsReferendum.

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Eatonton Charter Amendments. Gibson Charter Acts Consolidated. Hapeville Charter Amendments. Harlem Zoning and Planning Laws. Gainesville Retirements Benefits. Hull Street Use Regulated. Jackson Charter Amendments. LaGrange Corporate Limits. Leslie Tax Assessors. Macon Charter Amendments. Macon Charter Amendments. Macon Pension Fund. Macon Water Commissioners' Employees' Retirement Pay. Marietta Planning Commission. Marietta Sewerage System. Marietta Territorial Extension. Marrow Charter. Moultrie New Charter. Moultrie Taxing Power. Oglethorpe Charter Amendments. Palmetto Officers' and Employees' Compensation. Palmetto Sale of Public Utilities. Pearson Charter Amendment. Pelham Zoning and Planning Laws. Pepperton Territorial Extension. Ringgold New Charter. Rochelle Charter Amendments. Rockmart Charter Amendments. Rockmart Planning Commission. Rome Charter Amendments. Rome Retirement Fund. Savannah Beach Charter Amendments. Savannah Charter Amendments. Savannah Charter Amendments. Savannah Territorial Extension. Savannah Territorial Extension. Smyrna Charter Amendments. Sugar Valley BondsReferendum. Tallulah Falls Charter. Thomasville Charter Amendments. Thomson Charter Amendments. Union City Waterworks. Vidalla Elections. Valdosta Charter Amendments. Valdosta Territorial Extension. Warner Robins Charter. Waycross Recorder. Winder Charter Amendments. Winder Commission Form of GovernmentReferendum. Woodbine Territorial Limits Redefined. Worth Charter Repealed.

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ABBEVILLE CHARTER AMENDMENTS. No. 277. An Act to amend an Act approved December 2, 1897, (Georgia Laws 1897, pp. 313-145) entitled an Act to incorporate the City of Abbeville; to set up a method by which canvass for officers in the City of Abbeville shall qualify; to set up a method of abatement of nuisances; To provide for the assessment of taxes in rem; To authorize the marshall of Abbeville to place the purchaser of property under a tax deed in possession of said property, 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 granting the Charter of Abbeville as approved December 2, 1897, (Georgia Laws 1897, pp. 131-145), be and the same is hereby amended by adding a new section known as Section 41, to read as follows: Act of 1897 amended. Section 41. Be it further enacted by the authority aforesaid that all candidates in such elections shall file with the Clerk of said City, at least ten days before said election, a written and signed notice of his intention to offer for election and the office for which he shall offer. The Clerk shall keep a record of such qualifications. No person shall qualify in any such election except such as has complied with these requirements. Said Clerk under the direction of the Mayor and Alderman, shall have official ballots prepared, and no other ballot shall be used or be legal. Sec. 41. Notice of candidacy. Section 2. That from and after the passage of this Act granting the Charter of Abbeville as approved December 2, 1897, (Georgia Laws 1897, pp. 131-145), be and the

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same is hereby amended by adding a new section known as Section 42, to read as follows: Act of 1877 amended. Section 42. Be it further enacted by the authority aforesaid that the Mayor and Aldermen shall have power and authority by ordinance or resolution to condemn as a nuisance and to remove any burned or untenable buildings in said City, and to assess the entire cost of said removal against the property on which said building is located and against the owners thereof; they are hereby empowered to enforce the payment of said assessment for the removal of said buildings by execution against the property and the owners thereof, which said execution shall be issued and levied like executions for taxes under exising laws or amendments thereto, and the property shall be sold in the same manner and shall be subject to all the incidents of purchase by the City and redemption by the owners as provided by law, provided that however that to an execution issued under the provisions of this section the defendants shall have a right to file an affidavit denying the whole or any part of the amount for which the execution issued is due and the reason any same is not due, which amount so admitted shall be paid before the affidavit is received and said affidavit so received shall be returned to the Superior Court of Wilcox County and there be tried, and the issues determined as in cases of illegalities, subject to the pains and penalties provided for in cases of illegalities filed for delay. Sec. 42. Abatement of nuisances. Section 3. That from and after the passage of this Act granting the Charter of Abbeville as approved December 2, 1897, (Georgia Laws 1897, pp. 131-145), be and the same is hereby amended by adding a new section known as Section 43, to read as follows: Act of 1899 amended. Section 43. Be it further enacted by the authority

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aforesaid that any case where real estate in the City of Abbeville is not returned for taxation or in any case where the owner or owners of any real estate are unknown, the tax assessing authority of said City may assess the property in rem, and execution therefor shall issue in rem, and the enforcement and collection thereof, shall in all respects be the same as is now provided by law for the levy, sale, and collection of taxes, due said City of Abbeville. Sec. 43. Tax assessments in rem Section 4. That from and after the passage of this Act granting the Charter of Abbeville as approved December 2, 1897, (Georgia Laws 1897, pp. 131-145), be and the same is hereby amended by adding a new section known as Section 44, to read as follows: Act of 1897 amended. Section 44. Be it further enacted by the authority aforesaid that the Act approved December 2, 1897, (Georgia Laws, 1897, pp. 131-145), be and the same is hereby amended by adding thereto a new section to read as follows: The Marshal of the City of Abbeville shall from and after the passage of this Act have the authority to place the purchaser of property conveyed by a tax deed in possession of the premises of property so purchased, upon a written demand by said tax deed owner, after the expiration of the redemption time now fixed by law or the redemption time that may be hereafter fixed by law. Sec. 44. Purchaser put in pos. session. Section 5. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Approved March 9, 1943.

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ALBANY EMPLOYEES' PENSIONS. No. 105. An Act to provide and empower the City of Albany, Georgia, to furnish aid and relief and to grant pensions to all employees now in active service in any, each, and all departments of the City of Albany, and to future employees; to authorize said City to grant a pension or other compensation to employees or to the dependents of any employee of said city who loses his life or health as the result of injuries incurred in line of duty and while actually engaged in the performance of his duties; to regulate the granting of such pensions and compensation and to prescribe conditions under which they may be paid, suspended, or revoked, and to limit the amounts thereof; to provide that the City of Albany may levy a tax not to exceed five (5) per cent per annum on the salaries of each and all of the employees of the City of Albany, Georgia, to pay part of such pensions; provided, however, this tax shall apply only to so much of the compensation of any employee as is not in excess of $200.00 for any calendar month; to authorize and empower City of Albany, Georgia, to levy a tax on all taxable property of said City not to exceed, but to equal all revenue raised or received from City employees by reason of the tax herein authorized; to provide that the City of Albany, Georgia, may use other available funds to equal or match revenue received, from employees as aforesaid; to provide that in case these shall at any time be less funds on hand than are needed to carry out the terms of this Act the actual funds shall be prorated among the beneficiaries; to provide that none of the funds provided by this act shall be subject to attachment, garnishment, judgment, or any legal process, nor shall the benefits provided herein be assignable, but shall be paid

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to the beneficiary, 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, that from and after the passage of this Act, the City of Albany, Georgia, be, and it is hereby empowered as follows: Section 1. The City of Albany, Georgia, shall have the power and authority to grant a pension to employees in any, each, and all departments of the City of Albany. Pensions. Section 2. The City of Albany, Georgia, shall have the power to grant pensions or other compensation to employees and/or to the dependents of any employee in any, each, and all departments thereof, where and when such employees loses his life or health or becomes totally and permamently disabled as the result of injuries incurred while actually engaged in the performance of his duties in the employ of said City of Albany, Georgia. Persons entitled. Section 3. The City of Albany, Georgia, by proper Ordinance or Ordinances, passed by the governing authority of said City, except as otherwise provided in this Act, is hereby vested with full and complete power, authority, and discretion to determine when and to what amount of pension is to be paid, and to determine any and all facts relating to the granting, refusal, suspension, or revocation of pensions, compensation, or other gratuities under this Act. Amount and when paid. Section 4. Be it further enacted that the City of Albany, Georgia, is empowered to establish, to serve without pay, a board of trustees whose duty it shall be to manage the pension fund. This board shall make all rules and regulations for the payment of said funds to those entitled to receive them, not in conflict with this Act or any lawful Ordinances passed in pursuance thereof. Board of trustees. Section 5. The City of Albany, Georgia, is authorized

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and empowered to levy and collect a tax not to exceed five (5) per cent on the salaries of all its employees in all departments effected by this Act, provided, however, this tax shall apply only to so much of the compensation of any employee as is not in excess of $200.00 for any calendar month, and may provide that the City Treasurer shall retain such sums from the salaries of said employees. Said City of Albany, Georgia, is authorized and empowered to levy a tax on all the taxable property of said City, ad valorem, not to exceed but to equal all revenue raised or received from City employees by reason of the tax herein authorized. Said City of Albany, Georgia, may also use other available funds to equal or match, but not to exceed, all revenue raised or received from City employees by reason of the tax herein authorized. All of said funds shall be turned over to the City Clerk and Treasurer and shall be kept in a separate fund and shall be disbursed under the terms of this Act, and all valid Ordinances passed and adopted in pursuance thereof. Tax levy. Section 6. Be it further enacted by the authority aforesaid that this Act, or any Ordinance passed in pursuance thereof, shall not create a contractual relation between the City of Albany, Georgia, and any employee thereof. In case there shall at any time be less funds on hand than are needed to carry out the terms of this Act, the Actual funds on hand shall be prorated among the beneficiaries. Relation between city and employee. Section 7. Be it further enacted that none of the funds herein mentioned shall be subject to attachment, garnishment, judgment, or other legal process; nor shall be assignable, but shall be paid to the beneficiary. Nature of funds. Section 8. Be it further enacted that in case there should accumulate more funds than should be needed for immediate use, the authority entrusted with the pension fund

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is empowered to invest such excess in United States, Georgia, or Municipal Bonds, but not otherwise. Excess funds invested. Section 9. The term employee as used in this Act shall be deemed to embrace and include all persons performing regular service in the employ of the City of Albany, Georgia, in any, each, and all departments thereof, but the term employee as used in this Act shall not apply to any member of the Board of City Commissioners nor to any officer elected by the people, nor to the City Physician, City Attorney, City Recorder, members of the board of City Registrars, members of the board of Tax Assessors, members of the Board of Water, Gas and Light Commission, nor to any casual or part time employees. Employee defined. Section 10. The intention of this Act is to authorize and empower the City of Albany, Georgia, through its governing authority to provide a pension system for employees of such City, and to prescribe by Ordinance or Ordinances the conditions and methods by which the pension system shall be handled, and to prescribe all of the regulations with respect to same not in conflict with the provisions of this Act. Intention of Act. Section 11. Said City of Albany may, in its discretion, in providing said pension system, insure such pension payments by purchasing group annuity and disability insurance. Payments insured. Section 12. Be it further enacted that in the event the present Federal Society Security Act is amended to include municipal employees, then the said City of Albany may, in its discretion, substitute, in whole or in part, said Social Security payments by the Municipality and employees, and the benefits accruing therefrom, in lieu of said pension plan as outlined herein. [Illegible Text] security payments. Section 13. Should any section, paragraph, or clause of

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this Act be declared unconstitutional or invalid, the remainder of the Act shall not be affected thereby. Invalid parts. Section 14. Be it further enacted by the authority aforesaid that from and after the passage of this Act that the Act of the General Assembly approved March 23, 1939, (Georgia Laws 1939 pages 814, et seq) known as an Act to authorize the City of Albany, Georgia, to furnish pensions etc., be and the same is hereby specifically repealed. Act of 1939 repealed. 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 16, 1943. ALBANY TRANSPORTATION SYSTEM. No. 248 An Act to amend the Charter of the City of Albany, Georgia, a Municipal Corporation, to provide and empower the City of Albany to own, use and operate, for profit, a transportation system for the carrying of passengers within the City limits of the City of Albany and four miles beyond, and to all municipal owned properties wherever situated within the county of Dougherty; to provide that such transportation system shall be under the management and control of the Board of Water, Gas and light Commission of the City of Albany; to provide that the Board of Water, Gas and Light Commissioners of the City of Albany shall have power to pass necessary rules and regulations governing the operation and management of said transportation system, and to fix rates, and routes, and means and methods of transportation, and to provide that the City of Albany, by and through its Board of City Commissioners may pass such

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ordinances as necessary to enforce such rules and regulations passed by the Board of Water, Gas and Light Commissioners; to provide that the city of Albany, by and through its Board of City Commissioners, must by proper resolution declare a need for the setting up of said transportation system, and approving of its establishment and operation, before the Board of Water, Gas and Light Commissioner is authorized to set up rules and regulations governing its operation, or before beginning to operate said transportation system; to provide that the City of Albany, by and through its Board of City Commissioners, shall have the power to levy a tax not to exceed five mills for the purpose of establishing, setting up, equipping, operating and maintaining such transportation system; to provide that the City of Albany, or the Water, Gas and Light Commission, may, in lieu of levying a tax for establishment, creation, maintenance and operation of such transportation system, pay cost of same out of its general funds; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Charter of the City of Albany, Georgia, a municipal corporation, be, and the same is hereby amended by giving and granting unto said municipal corporation, its officers and agents the additional rights, privileges and powers as hereinafter set forth and enumerated. Charter amended. Section 2. Be it further enacted by the authority aforesaid, that the City of Albany, Georgia, shall have the power and authority to set up, establish, build, equip, put into operation, keep up, maintain, use, own and operate, by electricity, cars, busses, coaches, or such other power or means of propulsion and transportation, a transportation system for the carrying of passengers within the city limits of the City of Albany, Georgia, and four miles beyond, and

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to all municipal owned properties wherever situated within the county of Dougherty, and to fix charges or fees to be paid by the users of such transportation system. Passenger transportation system. Section 3. Be it further enacted by the authority aforesaid, that the Board of City Commissioners of the City of Albany, shall have power and authority to levy a tax not to exceed five mills to raise funds for the purpose of establishing, setting up, equipping and putting into operation such a transportation system, and for its maintenance and operation, and they may, in lieu of levying a tax for such purposes use the general funds belonging to the City of Albany, its water, gas or light system. Tax levy. Section 4. Be it further enacted by the authority aforesaid, that before the establishing, setting up, equipping or operating such transportation system, it shall be incumberent upon the Board of City Commissioners of the City of Albany to pass a resolution declaring the need of such a transportation system in the City of Albany and approving of its establishment and operation. Resolution of need. Section 5. Be it further enacted by the authority aforesaid, that the management, control and operation of such a transportation system, herein authorized, shall be under the Board of Water, Gas and Light Commissioners of the City of Albany and said Board shall have the power to establish a scale of rates and fees to be paid by users of such transportation system, to make, promulgate and pass all necessary rules and regulations governing the operation of said system, to fix the routes, schedules, means and methods of transportation, to hire, employ, supervise and discharge all drivers and operators needed for the operation of said system, and such other laborers needed in the upkeep of said transportation system. Management. Rates. Operation. Section 6. Be it further enacted by the authority aforesaid, that the Board of City Commissioners of Albany,

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Georgia, shall have power and authority to pass all necessary ordinances to enforce the rules and regulations promulgated or passed by the Board of Water, Gas and Light Commissioners for the operation of said transportation system. Rules and regulations. Section 7. Be it further enacted by the authority aforesaid that the rights herein conferred shall be effective only for the duration of the present war and six (6) months thereafter. Duration limited. Section 8. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 4, 1943. ALMA TERRITORIAL EXTENSION. No. 142. An Act to amend an Act, approved August 21, 1906, creating a new charter for the Town of Alma, now City of Alma, in the County of Bacon, and the several Acts amendatory thereof, so as to change, enlarge and extend the corporate limits of the City of Alma in the County of Bacon, by the incoporation 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 the authority aforesaid, that an Act approved August 21, 1906, creating a new charter for the Town of Alma, now City of Alma, in the County of Bacon, 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

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Alma, by including therein the following additional and continuous territory, to-wit: Act of 1906 amended. All that tract or parcel of land lying and being on the South side of lot of land number two hundred eighty two (282) in the fifth (5th) land district of Bacon County, Georgia, and bounded as follows: On the North by the present corporate limits of the City of Alma, on the East by the East original lot line of said lot, on the South by the South original lot line of said lot, and on the West by the Town Canal. Territory added. 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 22, 1943. ATHENS CHARTER AMENDMENTS. No. 102. An Act to amend the Charter of the City of Athens as amended by the Acts of August 17, 1908, so as to provide for the nomination by the Commissioners of the Bonded Debt of the City of Athens, except the Mayor and Chairman of the Finance Committee, of one citizen to fill each vacancy that occurs in the Commission and to fill the place of each Commissioner whose term expires; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. The Charter of the City of Athens is hereby amended by substituting in Section 3 of the Act approved August 17, 1908 entitled An Act to amend an Act entitled `An Act to amend the charter of the town of Athens, and

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the various Acts amendatory thereof,' approved August 21, 1872, so as to provide for the creation of a commission for the management of the sinking fund heretofore provided, and which may be hereafter provided for the payment of the bonded indebtedness of the City of Athens, and to manage the entire bonded indebtedness of said City; to provide for the selection of the members of said commission; define their powers and duties, qualifications and terms for which the members thereof shall be elected or appointed; to fix the salary of the members of said commission, and provide for the method of filling all vacancies that may occur; to provide for the investment of the sinking fund as it may be levied and collected from time to time by the mayor and council of the city of Athens, and for other purposes connected with the public bond and bonded indebtedness of the city of Athens, charter as the mayor and council of the city of Athens, and for other purposes. And printed in Georgia Laws of 1908, page 371, for the words, names of three citizens, the words, name of a citizen; by substituting for the words, select a member of said commission from the three citizens so nominated, the words, elect to the commission the person nominated by the commissioners; by substituting for the words, no one of the three citizens, the words the person; and by substituting for the word, acceptable, the word unacceptable, so that Section 3 as amended shall read as follows: Act of 1908 amended. Section 3. Whenever a vacancy shall occur in said commission, or the term of any commissioner shall expire, it shall be the duty of the remaining commissioners, excepting the mayor and chairman of the finance committee, to submit to the mayor and council without delay, the name of a citizen of Athens eligible to membership on said commission, and the mayor and council shall, at their next regular meeting, or so soon thereafter as may be practicable elect to the commission the person nominated

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by the commissioners; provided, that if the person nominated by the commissioners shall be unacceptable to the mayor and council, they shall call upon the commissioners for other nominations until an acceptable citizen shall be nominated. Provided, further, that if by reason of a tie vote the commissioner shall be unable to agree on a nomination, the mayor and council shall have authority to elect without such nominations. The term of office of commissioners elected by the mayor and council shall be two years from the expiration of the term of their predecessors; provided, that elections to vacancies shall be for the unexpired term. The mayor and council may, by unanimous vote of all the members of that body, declare the office of any commissioner vacant, and the vacancy shall be filled as provided in this Article. New Sec. 3. Vacancies. Term of office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1943. ATHENS RECORDER'S TERM OF OFFICE. No. 107. An Act to amend an Act approved August 24, 1872, entitled An Act to Amend the Charter of the Town of Athens and the various Acts amendatory thereof, which said Act of 1872 changed the name of the Town of Athens to the City of Athens, as amended by the Act approved March 25, 1935, and as otherwise amended, to amend the Act of March 25, 1935, Section two thereof, in order to make the term of the Recorder four years instead of three years, and to provide that the term of the incumbent in said office of recorder shall be four years instead of three years, and for other purposes.

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Section 1. Be it and it is hereby enacted that from and after the passage and approval of this Act the term of the Recorder of the Mayor and Council of the City of Athens shall be four years instead of the three-year term provided in the Act of 1935 approved March 25, 1935, in Section two of said Act, and that the term of the present incumbent is hereby lengthened to four years instead of three years, is thereafter a Recorder of the Mayor and Council of the City of Athens shall be elected on the first Monday in June, 1945, and every four years thereafter, the said Act of 1935, Section two thereof, being hereby amended to the extent of this paragraph. Term of four years. Section 2. All Acts or parts of Acts in conflict with this Act are hereby repealed. Approved February 16, 1943. ATHENS RELIEF AND PENSION FUND. No. 70. An Act to amend an Act approved August 24th, 1872, entitled An Act to amend the Charter of the Town of Athens and the various Acts amendatory thereof, which said Act of 1872 changed the name of the Town of Athens to the City of Athens, and as amended by several subsequent Acts amendatory thereof, so as to provide means for the furnishing aid, relief and pensions to members of the paid Police Department of the said City of Athens now in active service, whose names are now on the pay roll of such department, and to future paid members thereof, and their dependents in specified cases, and to paid members of the City Clerk's office, whether officer or employee, and the Marshall's office, whether officer of employee and their dependents in specified

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cases, and the City Engineer's office, whether officer of employee, and their dependents in specified cases, and to provide how all such persons shall be retired who have served twenty-five years on pensions; to provide how such persons shall be paid in cases or total disability resulting from such services, and how such total disability may be determined; to provide for relief in cases of sickness or accident resulting from such service, and for the relief of dependents, widows and children of deceased pensioners to be paid in cases of death of such pensioners, and to provide for the amounts of pensions payable to pensioners hereunder, or their widows or minor children in cases of death of such pensioners, and to provide for the amounts of pensions payable hereunder to the widows or minor child or children of such pensioners, or persons, in the event of retirement or disability of members or pensioners; to provide for payment in certain instances to pensioners estates or beneficiaries or heirs of all monies paid by them in the pension fund; to provide that the Mayor and Council of the City of Athens shall levy a tax of two dollars and fifty cents ($2.50) per month upon the salaries of all such eligible persons for pensions, relief, etc., now on the pay rolls, or hereafter to come on the pay rolls, to raise in part the funds to pay such aids, reliefs and pensions, collectible monthly from said salaries as shall be provided; and to provide that the Mayor and Council of the City of Athens shall set aside for said pension fund $1500.00 per annum from the General funds of the City of Athens, to raise in part the funds to pay such aids, reliefs and pensions, derived from the functioning of the Recorder's Court of the said City of Athens; to provide how all such funds shall be collected and managed; To create a board of trustees and provide for their selection or election and their term of office, to manage, deposit and disburse upon order, and invest

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funds or parts of funds collected for said fund, and to authorize such board of trustees to make all necessary rules for carrying out the terms of this Act; to provide that such aids, reliefs, pensions, shall not be subject to attachment, garnishment, or judgment, nor shall they be assignable; to provide that if any part of this Act be held to be unconstitutional, the remainder thereof shall remain in force and effect; to provide that this Act shall not affect nor be affected by any workman's compensation law, or other similar laws; and for other purposes, and to provide for supplemental funds; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Act of the General Assembly approved August 24, 1872, entitled An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, which said Act of August 24, 1872, provided for the changing of the name of the Town of Athens to the City of Athens and for the incorporation of said City under the name and style of The Mayor and Council of the City of Athens, and the several subsequent Act amendatory thereof, be and the same are hereby amended as follows: Acts amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, there shall be raised and established in the City of Athens, by the Mayor and Council of the City of Athens, funds for the aid, relief and pensions of paid members of the Police Department of said City, whether officers of employees in service at the time of the passage and approval of this Act, and for all persons now in service paid for by said City in the offices of the Marshall, City Clerk, and City Engineer, whether officers or employees, whose services are paid for by said city on salaries, and such officers, members, or employees

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as may be hereafter so entered on the pay rolls of the said City, and dependents of such persons as designated in the following sections. Pension and relief funds. Section 2. Be it and it is further enacted that all such officers, members and employees, may as a matter of right retire from active service, provided he or she shall have served twenty-five years in active service at the time of his or her retirement; provided, however, that none shall be eligible for retirement as a matter of right until after the expiration of two years from the effective date of this Act. Eligible beneficiaries. Section 3. Be it and it is hereby enacted further that any eligible person of departments or offices who shall be injured or whose health shall become permanently impaired to such an extent as to render him totally disabled as a result of such service shall upon application be retired. Should the board of trustees refuse to grant a retirement, or order therefor, of such person, the applicant shall select a physician, the board of trustees shall select a physician, and the two physicians so selected shall select a third physician, and these three shall examine the applicant and determine whether he is totally disabled and decision by a majority of these physicians shall be final on the question. Disability. Section 4. Be it and it is further enacted that when a person shall retire from such service as a matter of right, he shall be paid thereafter for the balance of his life the sum of seventy-five dollars per month, provided he shall have served twenty-five years in active service at the time of his retirement, or shall have become totally disabled in line of duty at any time. In case of the death of such pensioner, his widow, if one, shall receive during her life, or until she remarries, the sum of fifty dollars per month; provided, however, that no such widow shall receive any such sum hereunder unless she was the lawful wife of said pensioner prior to his retirement from active service. If such

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pensioner at death leaves no widow, or if pensioner's widow was not the lawful wife of the pensioner prior to his retirement from active service, and leaves an orphan child or children under the age of sixteen years, such orphan child or children, except children adopted subsequent to said pensioner's retirement from active service, shall receive until reaching the age of sixteen the sum of fifty dollars per month, and if there be more than one such child, then the one, or those, remaining under age, shall receive the said fifty dollars per month, the fact that one or more becoming sixteen years of age not affecting the right of the others to the whole sum. Retirement. Amount of pension. Widow. Orphan children. Section 5. Be it and it is further enacted that should such person, whether officer or employee of the said city of Athens who is eligible to participate in the benefits of this Act become so totally disabled not in line of duty as to make such person incapable of performing the duties of such office or employment, he shall receive a pension graduated as follows: Graduated disability pension. After Five years service $15.00 After Ten years service $30.00 After Fifteen years service $45.00 After Twenty years service $60.00 After Twenty-Five years service $75.00 And upon the death of such person not in line of duty, that is, pensioner or one in active service, his widow, if one, shall be paid during the balance of her life or until she remarries, the sum of money so graduated monthly according to the length of service of her deceased husband before his retirement on account of disability, or before his death, as follows: Widows' pensions graduated. After Five years service $10.00 After Ten years service $20.00 After Fifteen years service $30.00

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After Twenty years service $40.00 Atfer Twenty-five years service $50.00 Provided, however, that no such widow shall receive any such sum hereunder unless she was the lawful wife of such pensioner prior to the time he became disabled, if said pensioner die without leaving a widow or if such pensioner's widow was not the lawful wife of such pensioner prior to such disability, pensioner's minor child or children, except adopted child or children adopted subsequent to such pensioner's retirement from active service, shall be paid the same gross sums according to the same graduated schedule as set out above in this section for the widow until they reach the age of sixteen years, the said sum to be paid to only the child or children remaining under the age of sixteen years. Proviso. Minor children. Section 6. Be it and it is further enacted that upon the death of any person eligible for pensions under this Act, from any cause, who leaves no dependents entitled to his pension, then and in that event the full amount of the money he has paid into said pension fund shall be paid to his estate. No dependents. Section 7. Be it and it is further enacted that there is hereby established, to serve without pay, a Board of Trustees whose duties it shall be to manage said pension funds which shall be kept by the City Treasurer as a separate fund and covered by his bond as such. The Board of Trustees shall consist of the City Treasurer, the chairman of the finance committee of the Mayor and Council of the City of Athens, and three members to be selected or elected by and from the persons eligible as members of or employees of the Police department, the officers or employees of the City Clerk's office, the Marshall's office and the City Engineer's office, in active service, on the first Monday in the month after the month of the passage and approval

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of this Act. The person receiving the highest number of votes shall serve for a term of three years from his election, or until his successor is elected. The person receiving the second highest number of votes shall serve for a term of two years from the time of his election, or until his successor is elected. The person receiving the third highest number of votes shall serve for a term of one year, or until his successor is elected. On the first Monday in the same month annually thereafter, upon the expiration of the term of a trustee a successor shall be so elected to succeed such trustee whose term has expired and the terms of such succeeding trustees shall be for three years. The chairman of the finance committee of the City Council and the treasurer of the said City of Athens shall be permanent members of the Board of Trustees by virtue of their offices. Board of trustees. Members. Terms of office. Section 8. The Board of Trustees shall make all rules for the payment of funds to those entitled to receive the same. It shall have its first meeting on Monday following the first Tuesday in the month next after the month of the passage and approval of this Act, and organize by electing a chairman and a vice-chairman who shall serve when the chairman is absent, and a secretary. The chairman shall sign all vouchers for the disbursement of the fund and his written order shall fully protect the City Treasurer in the payment of the same. A majority of the Board of Trustees shall control on all questions, and the said Board of Trustees shall have power to fix the times and places of meetings. Duties of board. Section 9. A tax of Two Dollars and Fifty Cents shall be levied by the Mayor and Council of the City of Athens on the monthly salaries of all persons named in this Act in active service at the time of and after the passage and approval of this Act, and the City Treasurer of the City of Athens shall retain that amount from each of such salaries to be applied toward the purposes of this Act; provided, however, that any person eligible to participate in the benefits

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of this Act shall have the right at any time to notify the said Board of Trustees in writing that he or she does not desire to so participate by filing such notices with the Chairman or the Secretary of the said Board of Trustees, and from and after the date of the filing of such written notice there shall be no deductions from the salary of such person, and he or she will have no further interest in said pension fund. The Mayor and Council of the City of Athens shall set aside $1500.00 per annum from the General fund for these pensions. Deduction from salaries. Proviso. Section 10. The said Board of Trustees shall formulate rules in writing for taking care of those persons who are on the pay roll of the City of Athens who participate in said fund by deductions from their salaries in active service while temporarily sick or hurt and injured and pay the reasonable expense thereof. The said Board of Trustees shall formulate rules in writing for paying of pensions of those who lose their life in the service to his widow until she dies or remarries, and for the paying of pensions to minor child or children of pensioners of such deceased person, or to such widow and children, or child, as provided in this Act, provided the amount paid to such widow or children shall not exceed the amounts provided in this Act. The trustees shall keep a strict account of the receipts and disbursements of all such funds in such manner and form as to be open at all times to the inspection of the public. Sickness. Death in line of duty. Accounts. Section 11. In case of a person who has served twenty-five years does not desire to retire, and the Board of Trustees deems such person incapable of further service in his or her work and duties, for the purposes of this Act, the same proceedings shall be had as that to determine a disabled, totally disabled, person as set out in Section Three (3) of this Act. Forced retirement. Section 12. Be it and it is further enacted that when any

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person eligible to retire as a matter of right who has served twenty-five years but is in active service at the time of his or her death, the widow or minor children shall be entitled to the same persion as if he had retired as has been provided in this Act. Death in active service. Section 13. The City Attorney of the City of Athens shall render such legal service as is required by the said Board of Trustees without extra compensation. City attorney. Section 14. In case there should accumulate more funds than needed for immediate use the Board of Trustees are hereby empowered to invest such funds in United States of America bonds, Georgia State bonds, or good Municipal bonds, but not otherwise. Excess funds invested. Section 15. Be it and it is further enacted that such funds as shall be paid out, not being subject to attachment, garnishment or judgment, nor assignable, shall be paid in cash to the beneficiary if so requested by him or her, the Treasurer taking a receipt therefor. Nature of funds. Section 16. Be it and it is further enacted that the plan and purpose of this Act is to furnish aid, relief and pensions to those persons named herein who are in active service with the Mayor and Council of the City of Athens or who may hereafter be in such service and to their dependents and that the only purpose of this Act is that such funds as may be raised in accordance herewith shall be used only as is provided in this Act. Purpose of Act. Section 17. It is hereby further enacted that the terms of this Act shall not affect any Workman's Compensation Law, nor shall such law affect this Act, or similar such laws. Laws not affected. Section 18. Be it and it is hereby enacted that in the event that any clause or clauses of this Act shall be held to be unconstitutional or invalid by the Courts of this State, that such holding shall not invalidate any other portion of

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this Act, but shall affect only that part, clause or clauses so declared and held to be unconstitutional. Invalid parts. Section 19. Provided that the benefits of this Act shall not be available to any officer or employee who shall become disabled whether in line of duty or not, through his or her own misconduct. Misconduct. Section 20. Be it and it is hereby further enacted that all laws or parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1943. ATLANTA CODE AMENDMENTS. No. 398. 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. Section 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 several laws creating the city of Atlanta, be and they are hereby amended as follows: Section 2. That section 4-116 of the Code of the City of Atlanta of 1942 be stricken and that in lieu thereof the following shall be substituted, to be known as Section 4-116 of said Code: The Mayor, after being so qualified, shall have full power and authority to administer the oath of office to each member of the Board of General Council. Sec. 4-116 stricken. New Sec. 4-116. Section 2-A. That the successors to the following officers of the city of Atlanta, heretofore elected by vote of the people, shall, from and after the passage of this Act, be elected by the Mayor and General Council of Atlanta. To

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that end the following sections of the Code of the City of Atlanta of 1942 are amended as follows: Officers elected by Mayor and Council. Section 19-401, relating to the Tax Collector, is amended by striking the words by the people and inserting in lieu thereof the words by the Mayor and General Council. The term of the present Tax Collector is extended to February 28, 1945, his successor to be elected on the first Monday in January, 1945. Tax Collector. Section 6-214, relating to the City Treasurer, is amended by striking the words by the people and inserting in lieu thereof the words by the Mayor and General Council. The term of the present City Treasurer is extended to March 31, 1945, and his successor shall be elected on the first Monday in February, 1945. Treasurer. Section 6-210, relating to the office of Building Inspector, is amended by striking the words by vote of the people and inserting in lieu thereof the words by the Mayor and General Council of the City. The term of the present Building Inspector is extended to April 30, 1945, and his successor shall be elected on the first Monday in March, 1945. Building Inspector. Section 6-201, relating to the office of the City Comptroller, is amended by striking the words by the people and inserting in lieu thereof the words by the Mayor and General Council. The term of the present City Comptroller is extended to July 31, 1945, and his successor shall be elected on the first Monday in June, 1945. Comptroller. Section 6-218, relating to the Superintendent of Electrical Affairs, is amended by striking therefrom the words by the qualified voters of the City and inserting in lieu thereof the words by the Mayor and General Council of the City. The term of the present Superintendent of Electrical Affairs is hereby extended to May

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31, 1945, and his successor shall be elected on the first Monday in April, 1945. Superintendent of Electrical Affairs. Section 6-206, relating to the office of Chief of Construction, is hereby amended by striking therefrom the words by the qualified voters of the City and inserting in lieu thereof the words by the Mayor and General Council of the City. The term of the present Chief of Construction is extended to June 30, 1945, and his successor shall be elected on the first Monday in May, 1945. Construction Chief. Section 3. That all laws or parts of laws in conflict herewith are hereby repealed. Approved March 19, 1943. ATLANTA CODE AMENDMENTS. No. 402. An Act to amend an Act approved February 28, 1874, establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof, 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, that the Charter of the City of Atlanta, created by Act approved February 28, 1874, and the several Acts amendatory thereof, be, and the same are, hereby amended as follows: Charter amended. Section 1. That an Act approved March 29, 1939, (Acts 1939, pages 841, 855), as codified in the Code of the City of Atlanta of 1942 as Section 6-417 of said code, setting up a system of civil service, be and the same is amended by adding at the end of said Section 6-417 a new section to be known as Section 6-417-A, reading as follows: Act of 1939 amended.

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For the purpose of taking any disciplinary action, or of filing any charges against any person in the classified service, the designation: Appointing Authority shall be held to include any acting department head or other person designated by the proper authority to be in charge of any department in the absence, for any cause, of the regular appointing authority or department head. Sec. 6-417-A. Appointing authority defined. Section 2. That the Mayor and General Council of the City of Atlanta shall increase the pensions being paid to J. M. Dickerson and W. C. Lewis to the sum of $64.00 per month each, from general funds received from taxation or otherwise, the same representing benefits due to them because of their years of service to the City, such pensions to cease at death. The increase herein provided shall become effective on the first day of the month following passage and approval of this Act. Pensions to Dickerson and Lewis increased. Section 3. That Chapter 9 of the Code of the City of Atlanta of 1942 entitled Police Department, is hereby amended by striking from Section 9-108, the language provided however, that the chief inspector of weights and measures shall be classified as a member of the legally constituted police force and employed under civil service rules, and by adding to said chapter new and additional sections to be known as 9-116 and 9-117, which shall read as follows: Ch. 9, City Code amended. 9-116. Bureau of Weights and Measures. That a bureau within the Police Department to be known as the Bureau of Weights and Measures is hereby created, same to be subject to the authority of the General Council or in their discretion the Police Committee or other committee exercising powers now vested in the Police Committee and the Chief of Police as are other officers in said department. Said Bureau shall consist of a lieutenant of weights and measures who shall have had training in

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weights and measures work, and such other employees as may be authorized, appointed and assigned thereto. Said lieutenant of weights and measures shall be classified as a member of the legally constituted police force and employed under police civil service rules. He shall receive a salary equal to that paid police station or office lieutenants and shall have all of the rights, benefits and privileges of other lieutenants of the Police Department. The present Chief Inspector of Weights and Measures hereby becomes the lieutenant of weights and measures in good standing under police civil service laws and entitled to all of the benefits and privileges thereof. Bureau of Weights and Measures. 9-117. Powers of Bureau of Weights and Measures. The Bureau of Weights and Measures shall have the primary responsibility of enforcing the laws, ordinances, rules and regulations, both state and city, relative to weights and measures, and shall have general supervision of testing and inspecting all weights, measures, weighing and measuring devices in use, sold or hired, offered or exposed for sale or hire or award in the City of Atlanta; and the examining and re-weighing or re-measuring of commodities sold, offered for sale, or exposed for sale or in the process of delivery, including coal, coke and other commodities commonly sold in wagon or truck loads, to determine if the weight or measure is correct and if the merchandise is otherwise in accordance with the laws and ordinances applicable to the same. Provided however, that nothing in this Act shall prevent any officer of the Atlanta Police Department from enforcing any and all laws and ordinances pertaining to weights and measures. Powers and responsibilities. Section 4. That Chapter 6 of the Code of the City of Atlanta of 1942 entitled Offices, Officers and Employees be, and the same is hereby amended by striking Section 6-101 entitled Quadrennial election of Officers, and inserting

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in lieu thereof a new section to be known as Section 6-101 as follows: Ch. 6, City Code amended. 6-101. (78,470) Quadrennial election of officers. The terms of the Mayor, Members of General Council, Members of Board of Education, the City Attorney and the two Recorders, and all other public officials, required by the provisions of said Act, as amended, to be elected by the people are hereby extended for a period of one year from the time their present terms expire. This shall apply to all incumbents, and in case of vacancies to their successors. The successors to said officers of the City required by said Act, as amended, to be elected by the people shall be elected for a term of four years by the qualified voters of the City at a general election held quadrennially on the first Wednesday in December preceding the expiration of their terms as herein extended. The next general election shall be held on the first Wednesday in December, 1945. Election of officers. Terms of Office. The terms of all members of executive committees of all primary organizations of such city are hereby extended for a term of one year from the time their present term expires. Section 5. That the office of Director of Relief is hereby abolished and all rights, powers and duties of the Director of Relief are hereby transferred to the General Manager of Parks. Section 6-226, Code of the City of Atlanta of 1942, is hereby repealed, and Section 17-102 entitled Park Committee made Charter Committee is amended by adding thereto the following: Office of Relief Director abolished. The general manager of Parks shall have full authority to perform all duties heretofore performed by the Director of Relief or by the City Warden, until and unless

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such duties shall by the Mayor and General Council, be delegated to some other city officer or officers. Manager of Parks. Section 6. Be it further enacted that Section 13-203 City Code of Atlanta of 1942, entitled Control of Grady Hospital, (which is a codification of Section 2 of an Act approved March 24, 1939, contained in Acts of 1939 on pages 837 and 838) be, and is, hereby amended by striking the same and inserting in lieu thereof a new section, which shall read as follows: City Code Sec. 13-203 stricken. 13-203. Control of Grady Hospital. The control of Grady Hospital and all units thereof shall be vested in a Board of Trustees, composed of eight (8) members, one of whom shall be the Mayor of the City of Atlanta, one the Chairman of the Committee on Hospitals and Charties, or such committee of Council that has jurisdiction over public hospitals, and the other five (5) members to be appointed by the Mayor from the general public, subject to the confirmation of General Council. The term of the five members appointed by the Mayor from the general public shall be for a period of four years, and such members shall be eligible for re-election. The other member of said Board of Trustees shall be a citizen of Fulton County outside the corporate limits of the City of Atlanta who shall be appointed by the County Commissioners of Fulton County for a term of four (4) years and until a successor is appointed and qualified and who shall be eligible for re-election. The terms of the Mayor and Chairman of the Committee on Hospitals and Charities shall be co-extensive with their terms as Mayor and Chairman of said Committee respectively. Said Board of Trustees shall have the authority and power heretofore exercised by the Committee on Hospitals and Charities, and by the present Board of Trustees, existing under the ordinances of the City of Atlanta, together with

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any additional authority herein or which shall be granted by the Mayor and General Council. All vacancies shall be filled by the appointment of the Mayor, subject to confirmation of the General Council for the unexpired term, except, however, any vacancy created on said Board by the death, resignation, disqualification or removal of the member of the Board from Fulton County shall be filled by the County Commissioners of Fulton County. The Superintendent of Grady Hospital shall be ex-officio Secretary of said Board, and shall keep the minutes and record thereof. Said Board of Trustees shall hold at least one public meeting each month to which the public shall be invited. Any member of General Council shall be entitled and allowed to attend any meeting of the Board of Trustees of Grady Hospital, whether executive, private, public, or otherwise, and to examine any of the records of the Board of the Hospital at any time upon demand or request. Said Board of Trustees shall have authority to adopt rules and regulations as to the operation of the hospital, its personnel and its efficient operation not in conflict with the charter and ordinances of the City of Atlanta. Nothing in this Act shall be construed as affecting the terms of office of the present Board of Trustees of Grady Hospital, but their operation and control of Grady Hospital shall be under and by virtue of this amendment and they shall be considered as charter officers. New Sec. 13-203. Board of Trustees for Grady Hospital. Section 7. That Section 7-111, Code of the City of Atlanta of 1942, entitled Registration of voters; permanent system authorized, be and the same is hereby amended by striking said section and inserting in lieu thereof the following: City Code Sec. 7-111 stricken. 7-111. Registration of voters; permanent system authorized. Registration lists for all elections in said city shall be obtained as follows: The proper city authorities

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shall, at least ninety days prior to each election, obtain from the Tax Collector of each county in which 2 cities lay in whole or in part, and shall pay said Tax Collector the expense of preparing and certifying said list, which said list shall contain the names of all then quilified voters of said county who also reside in said city. In the event of disagreement as to the cost incurred by such Tax Collector in preparing and certifying such list, the amount of such costs shall be determined as follows: The Mayor and said Tax Collector shall each name an arbitrator, these arbitrators shall select a third, and the amount fixed by majority vote of said three arbitrators shall be promptly paid by such city. The Mayor and General Council shall provide by appropriate ordinances for the purging of the lists so obtained for death, removal from the city, or other legal cause. New Sec. 7-111. Section 8. That Chapter 9, Code of the City of Atlanta of 1942, is hereby amended by adding after Section 9-102 (which is entitled Police Force, Election, Term of Service, Discharge) the following additional sections, to-wit: Ch. 9 amended. Sections added. 9-102 (a). Chief of Police. The Chief of Police shall be the chief executive officer of the Department of Police, shall have full power and authority over the management and conduct thereof, and shall be charged with full and complete responsibility for its successful and efficient operation. He shall faithfully execute all laws of the State of Georgia and ordinances of the City of Atlanta. He shall have power and authority to give such orders to the officers and members of the Department of Police as he may deem proper; and it shall be their duty to render to him and his orders implicit obedience. Sec. 9-102 (a). 9-102 (b). Vacancy in office of Chief of Police. Whenever there shall be a vacancy in the office of the Chief of Police, such vacancy shall be filled by election by

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the Mayor and General Council, such election to be conducted as are other elections by the Mayor and General Council and under the same rules. Sec. 9-102 (b) 9-102 (c). The Chief of Police shall have the exclusive power, and it shall be his duty to assign all officers and employees of the Police Department to their respective duties and to make such changes from time to time as he may deem proper and to the best interest of the Police Department of the City. The power herein conferred shall include the power to assign such members of the Police Department, in such numbers as he may choose, to the various and sundry activities of the Department, such as traffic duty, plain clothes duty, detective bureau, the various watches and the various territories where such members of the Police Department shall work. Sec. 9-102 (c). 9-102 (d). The Chief of Police shall be subject to removal, suspension, or demotion by the Mayor and General Council after trial in the manner prescribed by the other provisions of this Charter. Any decision of the Mayor and General Council suspending, demoting or discharging such Chief shall be subject to review by the Superior Court of Fulton County on a writ of certiorari. Sec. 9-102 (d). Section 9. That Chapter 4 of the Code of the City of Atlanta of 1942 be amended by adding to Section 4-101 entitled Election and Term of Mayor; vacancies, the following, to-wit: Sec. 4-101 amended. In the event of a vacancy in the office of Mayor, within twelve months of the expiration of the term, caused by death, removal or other cause, the Mayor Pro-tem shall serve as Mayor until the expiration of such term and until his successor is elected and qualified. Vacancy in office of Mayor. Section 10. That Section 6-403 Code of the City of Atlanta of 1942, entitled Appointment, Removal, Compensation

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and Duties of Personnel Director is amended by striking subsection (4), which shall read as follows: Sec. 6-403 amended. The Director shall be paid a salary of $3600.00 per annum. and reciting in lieu thereof the following: Sub-sec. (4) stricken. (4). The Director shall be paid a salary of $4,500.00 per annum. New sub-sec. (4). Section 11. That Section 6-408 of the Code of the City of Atlanta of 1942 entitled Temporary and Provisional Employment is hereby amended by adding thereto the following: Sec. 6-409 amended. Temporary appointments may be made by the appointing authorities with the approval of the Director, during the present national emergency, to fill positions under civil service for which qualified applicants cannot be obtained, such appointments to extend not longer than six months after the expiration of such emergency. All such persons so appointed shall not be entitled to any civil service or tenure of office rights provided by said Act, as amended, but shall be subject to removal upon the recommendation of the appointing authority, concurred in by the Director. Temporary appointments. Section 12. That all laws or parts of laws in conflict herewith are expressly repealed. Approved March 19, 1943. ATLANTA DEPARTMENT OF LAW. No. 289. An Act to amend an Act entitled an Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled An Act to Establish a New Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same is hereby amended as follows: Act of 1874 amended. Section 1. The Department of Law shall consist of the City Attorney, such Assistant City Attorneys, claim agents and clerical assistants as are now or may hereafter be provided. Law Department. Section 2. The City Attorney shall be elected by the qualified voters of the City at the same time that other officers are elected. His term of office shall be four years, beginning the first Monday in January immediately following his election. The present incumbent shall hold office until his successor has been elected and qualified. In the event of a vacancy in the office of City Attorney, caused by death, resignation or otherwise, the First Assistant City Attorney shall serve the remainder of the term. If the vacancy should occur less than thirty days prior to the General Election and there should be no regularly qualified nominee for the office, then the Mayor and General Council shall, on the first Monday in December of such year, elect a City Attorney to serve the entire term, beginning the first Monday in January following such regular general election unless removed from office in accordance with the provisions of Section 6-120 and Section 6-121 of the Code of the City of Atlanta of 1942. City Attorney. Vacancy. Section 3. Before assuming the duties of his office, the City Attorney shall take an oath before the Mayor, the Mavor Pro Tem, or some other officer authorized to administer oaths, to faithfully perform his duties as City Attorney. Oath. Section 4. The City Attorney shall maintain an office in

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some centrally located building of his choice in the City of Atlanta. He shall receive a salary commensurate with the duties and responsibilities of his office. Office. Section 5. Neither the City Attorney nor any Assistant City Attorney shall directly or indirectly represent as attorney or counsellor at law any person or cause whose interests are in conflict with the interest of the City of Atlanta. Except as herein expressly probihited, they shall be eligible to engage in the practice of law. Conflicting interests. Section 6. The City Attorney shall have the power of appointing and removing all or any of his Assistant City Attorneys, Claim Agents and clerical assistants. He shall be accountable to the Mayor and General Council for the faithful performance of his duties. Appointing power. Section 7. The City Attorney shall superintend, and with the assistance of the officers and employees of the Department, conduct all the law business of the City. They shall represent the City in all legal proceedings in which the City is a party and in all proceedings where an officer of the City in his official capacity is a party. The City Attorney or his assistants shall prepare, when requested to do so by the Mayor, a member of the General Council or any department head, all deeds, leases, contracts or other legal documents required by the business of the City. When requested to do so, he shall furnish the Mayor, any member of the General Council or any department head of the City, written opinions upon subjects submitted to him. Duties. No person other than the City Attorney or an Assistant City Attorney shall be employed or authorized to represent the City of Atlanta as an attorney at law, except upon the recommendation of the City Attorney, concurred in by the Mayor and General Council. This provision shall not apply to attorneys at law employed to approve the validity of any

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bond issue or other certificate or evidence of indebtedness. Section 8. In the event of a conflict between city officials or departments, resulting in litigation, the City Attorney shall determine which official or department that the Department of Law shall represent. The opposing department or official shall be required to employ counsel at its or his own expense. Litigation between departments. Section 9. When real estate is purchased by the City, the abstract of title for such real estate shall be prepared by a private attorney or an abstract company. The cost of such abstracts shall be paid out of funds apportioned to the department for which such real estate is purchased. It shall be the duty of the City Attorney to pass on the validity of the title as shown by any such abstract and to approve the title before the purchase is consummated. Abstracts of title. Section 10. The Department of Law shall render such other and further legal services as it may be requested to render by the Mayor and General Council, consistent with the usual and customary duties of municipal corporation counsel. Additional services. Section 11. All laws and parts of laws in conflict with this amendment be and the same are hereby repealed. Approved March 11, 1943. ATLANTA FIREMEN DEATH BENEFITS. No. 213. An Act to amend an Act entitled an Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of

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Georgia, and it is hereby enacted by authority of the same, that an Act entitled An Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Act amendatory thereof, be and the same is amended as follows: Act of 1874 amended. Section 1. When any member of the fire department of the City shall die as a result of injuries received in line of duty as such member, his surviving widow shall be paid an amount monthly, which, when added to pension payments due and payable under the Act providing for such pensions, shall make an amount equal to the monthly salary being paid to such member immediately preceeding his death, said payments to be made monthly for a period of one year after the death of such member. Death benefit to widow. Section 2. If such member should leave no widow, or his widow should die before the expiration of the period provided for payments in the preceding section, then such payments shall be made to the minor child or children of such member, which payments shall continue until the full period expires or until the yonngest becomes twenty-one (21) years of age, whichever is sooner. Children. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 3, 1943. ATLANTA TERRITORIAL EXTENSION. No. 275. 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 amended by incorporating within the limits of said City the following tract of land, to-wit: That

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property being part of the Brantley' and Doby property in Land Lot 238 of the 15th District of DeKalb County, Georgia, as shown on plat by Knox T. Thomas, C. E. dated May, 1932, and described as follows: Commencing at the intersection of the present City limits with the North line of Lot 57 on said Plat: Running thence easterly along the North line of Lots 57 and 66 inclusive to the Northeast corner of Lot 66; thence South along the East linesof Lots 66, 78, 79 and 94 to the present city limits; thence Westerly along the present City limits to the point of intersection of said limits with a certain North and South line along the present City limits; Thence North along said line to the beginning point. 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: Section 1. The limits of said City are hereby extended so as to include and embrace therein the following tract of land, to-wit: That property being part of the Brantley and Doby property in Land Lot 238 of the 15th District of DeKalb County, Georgia, as shown on plat by Knox T. Thomas, C. E. dated May, 1932, and described as follows: Added territory defined. Commencing at the intersection of the present City limits with the North line of Lot 57 on said plat, running thence easterly along the North line of Lots 57 to 66 inclusive to the northeast corner of Lot 66, thence south along the East lines of Lots 66, 78, 79 and 94 to the present City Limits; thence westerly along the present City Limits to the point of intersection of said limits with a

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certain North and South line along the present City limits; thence North along said line to the beginning point. Section 2. On the passage of this Act, the power and authority of the City of Atlanta, under its present charter and ordinances, 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 limits. City's jurisdiction. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1943. ATTAPULGUS NEW CHARTERREFERENDUM. No. 104. An Act to amend, consolidate and supersede the several Acts incorporating the Town of Attapulgus, in the County of Decatur, 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 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

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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 a permanent system of registration of voters; to provide for a board of registrars, their oaths, duties and compensation; 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 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 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 provide for the regulation of all trades, businesses, calling and professions; to provide for the registration of trades and businesses, and to authorize said city to require any person engaging 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

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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 authorize the city to maintain and operate a system of waterworks; and any other public utility; to provide for connecion 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 removal and abatement of nuisances; to provide for tax sales, deeds and executions; 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 hereof, and to provide for the regulation of vehicles and their speed in said city; to provide for a city fire department; to provide for the collection of a tax on dogs; 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

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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 referendum and for the repeal of all prior Acts incorporating the Town of Attapulgus, and all acts amendatory thereof, in the event this Act becomes effective in said referendum; 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 Attapulgus, located in the county of Decatur, State of Georgia, be and are hereby incoporated under the ename and style of City of Attapulgus. Corporate name. Section 2. Be it further enacted, That the corporate limits of the said City of Attapulgus shall be that certain area within the limit of a circle having as its center the center of the Justice Court Ground, No. 694, G. M. in Decatur County, Georgia, and having a radius in every direction therefrom of one-half mile. Corporate territory. 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 Decatur, State of Georgia, be and are hereby incorporated under the name and style of City of Attapulgus, and said

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City of Attapulgus is hereby chartered and made a city under the corporate name of City of Attapulgus, 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 Attapulgus shall be and are hereby vested in said City of Attapulgus, as created by this Act; and the City of Attapulgus 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 Attapulgus shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for and terms 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 Attapulgus, as created by the 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 Attapulgus and its Mayor and Councilmen as a body corporate as heretofore incorporated. General powers. Section 4. Be it further enacted, That the municipal government of the City of Attapulgus shall consist of and be vested in a Mayor and four Councilmen; that said Mayor and Councilmen shall have the full power and authority from time to time to make and establish rules, laws,

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ordinances, regulations and orders as to them may seem right and proper, respecting drainage, ditches, bridges, streets, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery-stables, sales-stables, warehouses, sleeping apartment, 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 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 Council. Enumeration of powers. Enumeration not restricted.

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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 exofficio member 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 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 Attapulgus, 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

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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. Power and duties of Mayor. Section 6. Be it further enacted, That the present Mayor and Councilmen of said Town of Attapulgus, who were elected on the fourth Saturday in April, 1942 shall continue in office until the fourth Saturday in April, 1944, 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 Attapulgus, created by this charter, and on the fourth Saturday in April, 1944, a Mayor and four Councilmen shall be elected, as provided in the next section of this Act. Terms of present officers. Section 7. Be it further enacted, That on the fourth Saturday in April, 1944 there shall be elected for said city, by the qualified voters therein, a Mayor and four Councilmen, and biennially thereafter, on the fourth Saturday in April, a Mayor and four 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 fourth Saturday in April next after their election, and until their successors are elected, or appointed and qualified. On the next Monday after the fourth Saturday in April, 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,

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as the case may be) of the City of Attapulgus 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 that the office of Mayor, or any one or more of the Councilmen shall become vacant by death, resignation, removal, or other wise, 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 for Mayor and Councilmen. Oath. Meetings. Vacancy. 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. Failure to serve. 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 Attapulgus, shall be managed by three freeholders, who shall be designated by the Mayor and Councilmen of said city, 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,

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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 three lists of voters and three 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 for the holding of any election. The polls shall be opened at 9 o'clock, A. M. and close at 5 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. Election managers. Oath. Secret ballot. Precinct hours. 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 Decatur 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 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

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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. Election returns. Section 11. Be it further enacted, That if the result of any election held in said city is contested, notice of said contest shall be filed with the Ordinary of Decatur County within four 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, three dollars ($3.00) 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 Decatur 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. Contests. Section 12. Be it further enacted, That the Mayor and Councilmen, at their first regular meeting and biennially thereafter, shall elect one of the Councilmen Mayor Pro-Tem., who shall, in the case of absence or disqualification

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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. 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 Attapulgus 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 city, shall be qualified to vote at any election provided by this charter. Qualification 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. Eligibility of Mayor and Councilmen. Section 15Be 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 fifteen 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

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have paid all taxes of every character legally imposed and demanded by the authority of the City, and who upon the day of 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 applicantadminister 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 City of Attapulgus 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 Attapulgus, 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. of voters. Section 16. Be it further enacted, That at the first regular meeting of the Mayor and Councilmen, immediately following the election of said Mayor and Councilmen, the

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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 Attapulgus, 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 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. Oath. Compensation. Section 17. Be it further enacted, That the Clerk of the City of Attapulgus shall close the registration book fifteen days before any regular or special election, to be held in said city, at five o'clock P. M. on each 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 two (2) days prior to such election and certify said list to be true and correct and deliver same to the Clerk of the City of Attapulgus, and the said Clerk shall certify that the 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

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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. List of voters. 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 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 the election and the decision of said board shall be final. Appeals. 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 to 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

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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. Section 20. Be it further enacted, That at the first regular meeting of the Mayor and Councilmen held after their election, 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 Attapulgus. 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. 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; 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

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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 to be fixed by the Mayor and Councilmen. Meetings of Mayor and Council. Election of policemen. Other officers. Compensation. 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. Quorum. 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 Attapulgus 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 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

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the city or county jail, or that of a sentence to work in 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. 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 City or Superior Court of Decatur County. Commitment. Section 24. Be it further enacted, That it shall be lawful for the Marshal or any Policeman of said city to arrest without warrant any person or persons within the corporate limits of said city who at the time of said arrest or before that time have been guilty of violating any ordinance of said city, and 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 Decatur 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 or persons who shall be guilty of a violation of any of the laws and ordinances of the City of Attapulgus, 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

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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 Attapulgus; provided when the arrest is not made within twenty-four hours after the offence 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. Arrests. Appearance bonds. Section 25. Be it further enacted, That the Mayor and Councilmen of the City of Attapulgus shall have power to organize one or more chain gangs or work gangs, and confine therein persons who have been sentenced by the Police Court of the City of Attapulgus, to work upon the streets of 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 26. 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 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 may be required to give bond and security for his appearance at the appointed time for trial, the bond may be forfeited by the Mayor or Mayor Pro-Tem., and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi, at least two

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days before the hearing of the said rule nisi. The Mayor, Mayor Pro-Tem., or Acting Mayor shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding, declared forfeited to the City of Attapulgus. Bond forfeitures. Section 27. Be it further enacted, That any person convicted in said Police Court shall have the right to certiorari to the Superior Court of Decatur 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 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 in all cases when certiorari will lie from the judgment of the certioraring the proceedings directly to the Superior Court Justice of the Peace in civil actions under the rules of law governing such cases. Certiorari. Section 28. Be it further enacted, That all persons owning property in the City of Attapulgus 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

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property shall be returned by the property owner on blanks furnished for the purpose, at the fair market value thereof. Tax returns. Section 29. Be it further enacted, That the Mayor and Councilmen of said city, within a reasonable time after the approval of this Act, and annually thereafter; on or before the first regular meeting in March, shall appoint two members of the Council who shall act as a Board of Tax Assessors of said city. 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 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 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. Duties.

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Section 30. 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 entire Board of 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. Appeals. Section 31. 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. Unreturned property. Section 32. 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 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

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have authority to execute same by levy and sale as hereinafter provided in this charter. Tax executions. Section 33. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of said City of Attapulgus, 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, and every other species of property in said city owned or held therein, of not exceeding one-half of one percent upon the value of said property; 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. Ad valorem tax. Section 34. Be it further enacted, That the Mayor and Council of the City of Attapulgus 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,

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sidewalks, lanes, alleys, squares and lands of the City of Attapulgus, 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 Attapulgus without the compensation of property being the same as provided for in the laws of Georgia in condemnation proceedings. Said Mayor and Council of the City of Attapulgus 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, 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 Council 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 election 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 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

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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. Streets and sidewalks. Section 35. Be it further enacted, That the City of Attapulgus 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 36. Be it further enacted, That said city of Attapulgus 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, telephone, 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. Section 37. 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,

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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, inflamables, fireworks, etc. Section 38. 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 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, 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. Business registration. License taxes. Section 39. 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

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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. Other license taxes. Section 40. 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. Regulatory powers. Section 41. Be it further enacted, That 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

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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 coporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation, for which a license is required by the City of Attapulgus, without having first procured such license and complied with all other requirements of said City of Attapulgus, 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. The Mayor and Councilmen of said city shall have full power and authority to provide by ordinance, for the classification of all business, 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. Business licenses. Section 42. Be it further enacted, That the Mayor and Councilmen of said city may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said City of Attapulgus, and in case of such revocation, no refund of

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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. The decision of the Mayor and Councilmen of said city, revoking any such license shall be final. Section 43. 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 or 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 such animal or animals under such rules and regulations as may be prescribed by the Mayor and Councilmen. Animals running at large. Section 44. 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

Page 1219

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. Condemnation of property for streets. Street obstructions. Section 45. Be it further enacted, That the City of Attapulgus, 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 city of Attapulgus, 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. Grading, paving, draining, etc. Section 46. 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 waterclosets, privies and the like, in said city with full power to prescribe the location, structure, uses and preservations, 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. Sewerage system.

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Section 47. 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. Private property taken. Section 48. Be it further enacted, That said Mayor and Councilman 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. Section 49. Be it further enacted, That for the purpose of preservation 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. Extended beyond city limits. Section 50. Be it further enacted, That jurisdiction of the Mayor and Councilmen and the territorial limits of the City of Attapulgus 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 waterworkers system and the preservation of the purity of the

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water, and to provide penalities 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 plane, sewerage or drainage, also, over the territory which may be hereafter acquired for city 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. Police power extended. Section 51. 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 property within or without the city for the purpose of establishing and maintaining an electric light plant, waterworks system, or sewerage system, telephone system, or other public utility, 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 of property. Section 52. 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

Page 1222

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 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 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

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health, comfort, convenience or well-being of the inhabitants of said city. Sanitary and health regulations. Section 53. 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. Section 54. Be it further enacted, That the Mayor and Councilmen of said city shall have power to grant franchises, easements and rights of way over, in, under and on the public streets, lanes, alleys, parks and other property of said city. Franchises. Section 55. Be it further enacted, That should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the Mayor or Mayor Pro-Tem. or Acting Mayor of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers, or either of them, shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of the said city, or its officers, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Criminal escapes. Section 56. Be it further enacted, That the Mayor and Councilmen of said city shall be empowered and authorized through a committee, or by themselves, in the discretion of said Mayor and Councilmen, whenever necessary, to examine into the working of and business of any officer, or

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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. Section 57. 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. Fee bill. Section 58. Be it further enacted, That the Mayor and Councilmen shall provide for a city prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts, and may appoint a custodian for same. The Mayor and Councilmen may contract with the proper authorities of Decatur County for the use of the common jail of said county for this purpose. Prison. Section 59. 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. Immoral conduct, gambling, etc. Section 60. 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 convcition before the Mayor, be punished as for a violation of the ordinances of the city. Houses of ill fame.

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Section 61. Be it further enacted, That all executions in favor of the City of Attapulgus 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 Councilman of the City of Attapulgus at least within thirty days after the issuing of the same; and it shall be the duty of the Marshal or collecting officer to advertise the sale of such real or personal property as may be levied on 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 sales, 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 sales, 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 Attapulgus and the foreclosure of the right of redemption, and all other matters or things attending

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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 authorized agent of said city may bid off said property for said city, and the Marshal, or such other officer making the sale, shall make to the City of Attapulgus 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 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 Attapulgus. 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 re 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. Exceptions for fines, taxes, etc. Sales. Redemption. Execution docket. Section 62. Be it further enacted, That said Mayor and Councilmen of the City of Attapulgus shall have power and authority to acquire, on behalf of the City of Attapulgus,

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by gift, purchase, lease or otherwise, grounds suitable for such park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have 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 63. Be it further enacted, That the Mayor and Councilmen of the City of Attapulgus shall have the power and authority to adopt and enforce ordinances for said city to protect shade trees and public 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 protected. Removal of trees. Section 64. Be it further enacted, That the Mayor and Councilmen of the City of Attapulgus may require and compel all male persons between the age of twenty-one and fifty who have resided in the City of Attapulgus as long as thirty days, except those who are exempted in Section 65 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

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in lieu thereof, not exceeding Three Dollars ($3.00) 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 fifty dollars or imprisoned in the city prison or by labor on the chain gang of said city not exceeding 15 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 work. Commutation tax. Violation of section punishable. Section 65. 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 64 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. Persons exempt from street duty. Section 66. Be it further enacted, That the Mayor and Councilmen of the City of Attapulgus 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

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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, regulations and rules are consistent with the laws of this State. Laws and ordinances. Enforcement. Section 67. Be it further enacted, That said Mayor and Councilmen shall have the power to control and regulate the running and operating of all 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 horns, 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. Regulation of automobiles, trucks, etc. Section 68. 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. Vagrants. Section 69. 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.

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Section 70. Be it further enacted, That the Mayor and Councilmen of said city may 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 the 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 protection. Section 71. 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. Tax on dogs. Section 72. Be it further enacted, That the Mayor and Councilmen of said city may cause to be codified all ordinances of said City of Attapulgus, together with this Act, into one book to be known as The Code of the City of Attapulgus, 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 Decatur County, Georgia, for recording deeds; 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 Attapulgus, certifying the same to be the code of ordinances and laws of said city. Ordinances codified. Section 73. Be it further enacted, That the Mayor and Councilmen of the City of Attapulgus 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

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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 Attapulgus; to define the boundaries and limits of said districts; to define the character and kind of buildings or structures that may be erected in such areas or districts; to prohibit the erection of different buildings or structures therein; to prohibit the use or maintenance of any buildings in such areas or districts except for the 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 manner of zones, or districts, and such districts may be of such shape and area, as the Mayor and Councilmen of said city shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families, or other 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 revelent to the promotion of the public health, safety, order, morals, conveniences, prosperity or welfare of the inhabitants of the City of Attapulgus. 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 laws

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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 distinct and separate offense and such violator shall be so punished. Zoning and planning. Regulations. Restricted zones and districts. Bases. Powers: How exercised. Section 74. 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 kind of structure, before such person, firm or corporation shall be allowed to erect in said city such house, building or any 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 75. Be it further enacted, That the Mayor and Councilman of said City of Attapulgus shall have full power and authority to condemn private property for any

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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, telephone, 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 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 granted and conferred herein, said power and authority shall be exercised, whether the property 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. Condemnation of private property. Section 76. Be it further enacted, That the Mayor and Councilmen of the City of Attapulgus 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, telephone, 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

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facilities, and for any and all public uses and purposes that may be needed for said city. Municipal bonds. Purposes. Section 77. 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. Prior plans and specifications. Section 78. Be it further enacted, That before any bonds of said city shall be issued for any of the purposes named in Section 76 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 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 Mayor and Councilmen as hereinbefore provided, then and in such event said City's

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Mayor and Councilmen shall, at any time before the time of issuing 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. Bond elections. Section 79. 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. Section 80. 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. Borrowing for casual deficiencies. Section 81. 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 charge for the services facilities and

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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 anticipation certificates. Section 82. Be it further enacted, That all ordinances heretofore adopted by the Mayor and Councilmen of the Town of Attapulgus, and which are now in force and which are not inconsistent with nor repugnent 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 Attapulgus may at any time repeal, alter or amend any of said ordinances. Ordnances of force. Section 83. Be it further enacted, that in the event this Act is ratified in the referendum hereinafter provided for and thereafter becomes effective, that All Acts of the General Assembly of Georgia heretofore passed, incorporating the Town of Attapulgus, and all amendments thereto, and conferring powers on same, shall thereafter be consolidated into and superseded by this Act, and all provisions of former Acts which are inconsistent with this Act shall thereupon be repealed, and all laws and parts of laws in conflict with this Act shall thereupon be repealed. Former Acts consolidated and superseded by this Act. Section 84. 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

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Mayor and Council either in regular or special session, which resolution shall state that the property proposed to be sold is not 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. Sale of useless property. Section 85. Be it further enacted, That the provisions of this Act shall not become effective and be operative until the same shall have been submitted at a special election to the voters of said Town, who are qualified to vote for Mayor and Councilmen for said Town, and approved by a majority of those voting at said election. Said election shall be called by the Mayor and Councilmen of said Town within six months from the date this Act is approved, and notice of the date of said election shall be given in three public places in said Town for two weeks prior to the date of holding the same. The Mayor and Councilmen of said Town shall appoint three free-holders of said Town as managers to hold said election, and the same shall otherwise be held under the rules and in the same manner provided by law for the holding of elections for members of the General Assembly of Georgia. Immediately after the election has been held, said election managers shall certify the results of said election to the Mayor and Councilmen of said Town, who shall, by proper ordinance and resolution declare the results thereof. The provisions and the ballots for holding said election shall be provided by the

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Mayor and Councilmen of said Town, and shall have written or printed thereon the following: Referendum election. Notice. Ballots. For Amending and Consolidating the Acts Incorporating the Town of Attapulgus and Against Amending and Consolidating the Acts Incorporating the Town of Attapulgus. If the majority of those voting vote Against Amending and Consolidating the Acts Incorporating the Town of Attapulgus, this Act shall not become effective, and the several Acts incorporating and amending the Town Charter of Attapulgus shall stand and remain the same as heretofore; if a majority of those voting vote For Amending and Consolidating the Acts Incorporating the Town of Attapulgus, then this Act shall immediately become effective and of force as provided herein. Ellective date. Section 86. 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 Attapulgus any powers or authorities in excess of any such permitted 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. Invalid parts. Approved February 16, 1943.

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AUGUSTA CHARTER AMENDMENTS. No. 250. An Act to amend the Charter of the City of Augusta, incoporated as the city council of Augusta, by an Act approved January 31, 1798 (Georgia Laws, 1798), as amended by the various amendatory acts thereof, so as to create a Board of Civil Service Commission for the city Council of Augusta, a Commissioner of Public Safety of the City of Augusta; and to prescribe the qualifications, powers, duties and authority of said board and its members; to prescribe the qualifications, powers, duties and authority of said commissioner of Public Safety; to fix the compensation of the members of said Board and the Commissioner of Public Safety; to fix the method of appointment and/or election of the members; to prescribe the method of procedure or removal of said Civil Service 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 the police and fire department and provisions in reference to their retirement; to provide for the election of said commissioner of public safety, also all other officers and employees of the police and fire departments of the City of Augusta; 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 in addition to the existing provisions of the charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798 (Georgia Laws, 1798), as amended by the various amendatory acts thereof, there is hereby added thereto the following provisions:

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Section 2. That there is hereby created a Board of Civil Service Commission for the City Council of Augusta, which shall be known as the Civil Service Commission of the City of Augusta. Its members, their terms of office, powers, duties and authority shall be as hereinafter set out. Civil Service Commission. Section 3. Be it further enacted by the authority aforesaid that there is created the office of Commissioner of Public Safety of the City of Augusta, whose eligibility, term of office, duties, powers and authority, as well as the salary of said Commissioner is hereinafter set out. Public Safety Commissioner. Section 4. Be it enacted by the authority aforesaid that the members of said Civil Service Commission, who shall serve as such for the terms herein set out immediately after taking the oath of office as now prescribed for all officers of the City Council of Augusta, immediately following the approval of this Act shall be the following: Civil Service Commission members. G. C. Smith, whose term of office shall expire January 1, 1944; C. Y. Kreps, whose term of office shall expire January 1, 1945; E. A. Lamar, whose term of office shall expire January 1, 1946; E. L. Douglas, whose term of office shall expire January 1, 1947, and Max Tunkle, whose term of office shall expire January 1, 1948. At the regular December meeting of the City Council of Augusta before the expiration of each of the terms of office aforementioned, The City Council of Augusta shall elect a citizen and qualified voter of the City of Augusta to succeed said commissioner for a term of five years, and all terms of office of said Commission thereafter shall be for a term of five years. After the election by City Council of the successors to the members of said Commission hereinbefore named, no member of said Commission

Page 1241

shall succeed himself, unless he has been elected to fill some unexpired term. The election thereafter of each member of said Commission shall be at the regular meeting of The City Council of Augusta in December, or as soon thereafter as possible before the expiration of the term that expires in January of the following year. All vacancies on said Commission caused by death, resignation or otherwise, may be filled by the City Council of Augusta by election at any meeting, regular or special. No person shall be eligible as a member of said Commission who at the time of his election holds any office of profit or trust under the National, State, County or Municipal government, unless he shall resign said office before qualifying as a member of said Board. Terms of office. Election. Vacancy. Eligibility. Section 5. Be it further enacted by the authority aforesaid that immediately after the approval of this Act and the members of said Commission named herein have taken the oath of office, they shall elect from their own number a president, who shall preside over the meetings of the Commission and be its chief executive officer, that is, of the Civil Service Commission only, which office he shall hold until the first meeting of the Commission in January, 1944, when said Commission shall elect its president and annually thereafter. In the absence of said president at any meeting, said Board shall elect one of its members to act in his stead as president at such meeting. Said Commission shall elect a secretary, who shall be elected by the Commissioner upon special qualifications, who may or may not be a member of the Police or Fire Departments of the City of Augusta, and should he be a member of either of said departments, he shall continue to hold the same rank that he held at the time of his election as secretary, and shall be entitled to the advancement in rank as any other officer in either of said departments. He shall be a competent stenographer and shall not be removed from office except for cause after

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trial before said Commission as provided for other officers and members of the Police and Fire Departments of the City of Augusta, as hereinafter provided. He may also act as secretary to any executive officer of either the Police or Fire Department of the City of Augusta that he may be assigned by the Commission. He shall keep the books of minutes and records of said Commission, shall stenographically report the evidence in all trials held by said Commission, conduct the correspondence by dictation or otherwise, and shall act as Clerk of said Commission when it constitutes itself as a trial court as hereinafter provided, and shall perform such other duties connected with said Commission as it may deem proper. He shall receive for his services a salary as fixed by The City Council of Augusta from time to time. Before entering upon his duties as secretary, he shall take an oath before the president of said Commission, as provided for all officers of the City Council of Augusta, to faithfully and honorably perform the duties of his office, and that he will not disclose, except in a court of competent jurisdiction or legal investigating committee, or such other body when summoned to appear before such to testify, any of the matters before said Commission or concerning same, except to a commissioner himself, each of whom shall have access to all records. President. Secretary. Qualifications. Duties. Compensation. Section 6. Be it further enacted by the authority aforesaid that said Commission shall keep minutes of all its proceedings and records of its examinations. Said Commission shall employ, promote, suspend, demote and discharge all members of the Police and Fire Department of the City Council of Augusta, as hereinafter provided. Minutes. Section 7. Be it further enacted by the authority aforesaid that the Commissioner of Public Safety shall be elected by the Civil Service Commission at its first meeting after the approval of this Act, which election by the Commission may be done without requirement of examination, and the

Page 1243

person so elected may be a member of either the Police or Fire Department 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 five years. Said Commissioner shall be the executive officer of both the Police and Fire Department and shall be considered a member of said departments and shall have complete control, management and jurisdiction of said Police and Fire Departments of the City of Augusta. He shall have 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 and the enforcement of the law. There shall be a chief of both the Police and Fire Department of the City of Augusta, and 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 said Commissioner shall in turn be responsible to the City Council of Augusta for all said equipment and property. Public Safety Commissioner. Eligibility. Duties. Police and Fire Department chiefs. Section 8. Be it further enacted by the authority aforesaid that the Civil Service Commission shall have no authority whatsoever to make rules and give orders except that conferred upon it by Section 5, 6, 7 and 9 of this Act; nevertheless, said Commission may by a vote of four members elected to said Commission amend or change any rules promulgated by the Commissioner of Public Safety, and issue any order to the Commissioner of Public Safety when in meeting and when the votes of each Commissioner has been recorded on the minutes. Such order shall not take effect until a written copy of same has been filed with the Commissioner of Public Safety. Said Commission may delegate to the chairman of same such authority as it may see fit, provided that at least three members of said Commission other than the member of the Commission to whom

Page 1244

such authority is to be delegated vote in favor of such delegation, which authority may be revoked at any time by a majority vote, and any order issued by the chairman of the Commission may be rescinded by a majority vote of the Commission in meeting, which may be called by any member by filing a notice thereof with the secretary of said Commission at least twelve hours before the time for said meeting, and said secretary shall give notice in writing to each member of the Commission. Authority of commission. Section 9. Be it further enacted by the authority aforesaid that the rules of the Commission shall provide as follows: Rules of commission. (a) For the qualification of each applicant for any of the positions in each department, provided, however, that no person will be qualified for the position of an officer or private in either department who has not arrived at the age of twenty-one (21) or is over the age of thirty-five (35) years. Provided, further, that the minimum height for the Police Department shall be five feet, eight and onehalf inches (5 ft. 8 in.), and the minimum weight one hundred fifty-five (155) pounds; and the minimum height for the Fire Department shall be five feet seven inches (5 ft. 7 in.), and the minimum weight one hundred forty (140) pounds. Qualifications of applicants. (b) For open competitive examinations to test the relative fitness of applicants for such positions. Competitive examinations. (c) For public advertisement of all examinations at least ten (10) days in advance in at least one newspaper of general circulation in said City and by posting a notice in the City Hall. Notice. (d) For the creation of eligible lists in which shall be entered the names of the successful candidates in the order

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of their standing in examination. Such list shall remain in force not longer than two years. Eligibiles. (e) For the rejection of candidates or eligibles who fail to comply with requirements of the commission in regard to age, residence, sex, physical condition or who may have been guilty of crimes or misdemeanors, or of infamous or disgraceful conduct, or who have attempted any deception or fraud in connection with the examination. Rejections. (f) For the appointment of the person standing highest on the appropriate list to fill a vacancy. Appointment. (g) For a period of probation not to exceed six months before appointment is made complete, during which period a probationer may be discharged or reduced with the consent of the Commission. Probation period. (h) For temporary employment without examination on written request of the Commissioner of Public Safety, with the consent of the Commission, in cases of emergency and pending appointment from an eligible list. But no such temporary appointment shall continue longer than sixty days, nor shall successive temporary employment be allowed, except in times of war and grave danger, of which the Commission shall decide. In case of war temporary employment may exist as the Commission may decide. Temporary employment. (i) For transfer from one position to a similar position in the same grade of employment and for re-instatement within one year of persons who without fault or delinquency on their part are separated from the service or reduced. Transfers. (j) For promotion based on competitive examination and efficiency, charter, conduct and seniority, lists shall be created and promotions made therefrom in the same manner as prescribed for original appointments. An advancement in rank or increase in salary beyond the limit fixed for the grade by the rules shall constitute promotion. Whenever

Page 1246

practicable vacancies shall be filled by promotion. Provided, however, it is not the intention of this Act to require physical examination for promotion to chief. Promotions. (k) For suspension not longer than thirty days and for leaves of absence. Suspensions. (l) For discharge or reduction in rank or compensation after appointments or promotion is complete only after the person to be discharged or reduced has been presented with the reasons for such discharge or reduction specially stated and has been allowed a reasonable time to reply thereto in writing, and if such person shall deny the truth of the charges upon which such reasons are predicated, and shall demand a trial, only after trial by said Commission as hereniafter provided. The reasons and the reply shall constitute the pleadings at such trial and shall form a part of and be filed with the record. Discharges and demotions. (m) For the switchboard operators to come under the civil service commission rules, and to have the rank of privates in either the police or fire department, and to provide that those now holding position of switchboard operators shall have rank of privates without further examination, and to provide further that future switchboard operators shall be taken from the eligible lists. Switchboard operators. (n) Said rules shall provide, in the Police Department, that the competitive class shall be divided into five (5) grades; the first grade to include the chief, captain, and lieutenant of police; the second grade shall consist of the chief of detectives; the third grade shall be sub-divided into two classes, the third grade Class A shall consist of the sergeants, and the third grade Class B shall consist of the detectives; the fourth grade shall also be sub-divided into two classesthe fourth grade Class A shall consist of the patrolmen and the fourth grade Class B shall consist of the chauffeurs; the fifth grade shall consist of probationers.

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All examinations for promotions shall be from the grade next below it. Grades. (o) For the adoption and amendment of rules pertaining to the subject or subjects dealt with the lettered paragraphs appearing under this section, after public notice and hearing. The Commission shall adopt such other rules not inconsistent with the foregoing provisions of this section as may be necessary and proper for the enforcement of this section. New rules and amendments. (p) The Commission shall have the power and authority to make all regulations limiting and restricting the political activity of the members of the Police and Fire Department to the extent that they may deem necessary and conducive to the efficient and non-partisan operation of said departments. Political activity. (q) The said Commission shall make all rules and regulations by it deemed necessary for the proper conduct of all members of the Fire and Police Department, whether on or off duty, relating to the discharge of their duties as members of the said Departments and their personal conduct, so long as they hold positions with said departments and any and all other regulations by them deemed necessary to govern the conduct of said officers tending to the efficient operation of said departments. Additional rules and regulations. Section 10. Be it further enacted by the authority aforesaid, that upon charges being preferred against any member of the Fire or Police Department, which may be preferred by any member of the departments or any citizen, for violation of any of the rules of the Commission or the rules promulgated by the Commissioner of Public Safety as herein provided, the Commissioner of Public Safety shall in his discretion suspend such officer or employee pending disposition of said charges. The officer or employee against whom charges have been preferred shall be

Page 1248

notified thereof in writing and shall file his reply in writing within ten (10) days from the date of receiving notice of said charges. If he should plead guilty to such charges, the Commission shall after notice fine, suspend, demote or discharge such officer or employee. If he should plead not guilty, he shall be brought to trial before the Commission after having been given written notice of the time and place of the trial at least three days before the date thereof. He shall have compulsory process to have witnesses present at said trial. The president or acting president shall preside at all such trials and shall determine and decide all questions of pleadings and the admissibility of evidence. The decision at such trials shall be by a majority of said Commission. All such trials shall be public, provided after the evidence is submitted, decision may be reached in executive session and announced immediately thereafter. Provided however, this section shall not apply to any person or persons temporarily employed by said Commission in times of emergency or to the appointment of unskilled laborers. Provided, further, that any chief of police, acting chief of police, chief of fire department, acting chief of fire department, assistant chiefs, captains, lieutenants, sergeants, privates, or other employees of either police or fire departments, who have or shall reach the age of sixty-two (62) years, and who have had twenty-five (25) years service with the City of Augusta, shall be automatically retired from either of said departments, with all pension or retirement rights now allowed by law. Provided, further, that if such officer or employee shall not have had such twenty-five (25) years service on reaching his 62nd birthday, he shall not be automatically retired, but shall have the privilege of continuing such service under the rules and regulations of the Civil Service Commission. Charges preferred against members. Notice and reply. Trial. Automatic retirement. Proviso. Section 11. Be it further enacted by the authority aforesaid, that in the case of vacancy in a position requiring peculiar

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and exceptional qualifications of a specific, professional or expert character, upon satisfactory evidence that competition is impracticable, and that the position can best be filled by the selection of some designated person or recognized attainments the Commission may after hearing evidence, or public hearing, by an affirmative vote of four commissioners, suspend competition, but no such suspension shall be general in its application to such position and all such cases of suspension shall be reported, together with the reason thereof, in the annual report of the commission. That this section shall not apply to officers of the Police Department, or officers of the Fire Department. Vacancies. Section 12. Be it further enacted by the authority aforesaid, that all examinations shall be impartial and shall deal with the duties and requirements of the positions to be filled. When all tests are used, a complete record of questions and answers shall be made. Examinations shall be in charge of any or all of said Commission, and a majority of said Commission shall have the power to grade the examination papers and establish eligible lists in accordance therewith. Character of exemptions. Section 13. Be it further enacted by the authority aforesaid, that such employees, officers and privates as are in the employ of either department when said commission shall be constituted and organized, shall not be subject to examination except for advancement or promotion. Present employees, etc., exempt. Section 14. Be it further enacted by the authority aforesaid, that all officers and privates of the Police and Fire Department 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

Page 1250

of their respective departments, subject to the orders of the 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 hereof. Authority of Commissioner. Section 15. Be it further enacted by the authority aforesaid, that in any investigation conducted by the Commission it shall have the power to subjoena and require the attendance of witness or witnesses and the production thereby of books and papers pertinent to the investigation and to administer oath to such witness or witnesses and to punish for contempt the non-appearance of witnesses or the failure to produce such books or papers, or misbehaviour of any person or persons during such investigations or trials by fine of not exceeding fifty dollars or imprisonment in the City Stockade not exceeding ten days. Investigations. Section 16. Be it further enacted by the authority aforesaid, that the Civil Service Commission shall have and maintain its office at Police Headquarters, and/or Fire Headquarters, in its discretion; where all meetings shall be held, and which office or offices shall be furnished and kept equipped by said City Council of Augusta in its discretion. Office of Commission. Section 17. Be it further enacted by the authority aforesaid, that the medical officer for the examination for firemen, and/or policemen be appointed by the Commission; that the examination report of said physician be turned over only to the Commissioner of Public Safety, and he shall have the right to make such notations thereon as he may deem for the good of the service, and also the right to request a re-examination of any applicant by a physician that such Commissioner of Public Safety shall select for such examination, and it is hereby required that all future

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applicants for either of said departments in standing said medical examination shall in said examination pass and show a negative Wasserman test, and no applicant shall be admitted to examination whose rating in the medical or physical test is either doubtful, unsound or bad. Medical officer. Section 18. Be it further enacted by the authority aforesaid, that the rules and regulations promulgated and established by the Commissioner of Public Safety, which shall be done at least annually, shall be published in booklet form and each employee of the respective departments furnished therewith, the cost of the same to be paid by the City Council of Augusta. Should said rules and regulations not be promulgated and established annually, then the rules originally adopted by said Commissioner of Public Safety shall remain in force and effect until such time as he shall adopt new rules as herein provided. Rules and regulations published. Section 19. Be it further enacted by the authority aforesaid, that each of the Civil Service Commissioners of the City of Augusta shall be paid a salary of twenty-five Dollars ($25.00) per month, and shall not receive any other remuneration whatsoever in their office as such commissioner. Salaries. Section 20. Be it further enacted by the authority aforesaid, that it shall be unlawful for any member of the Civil Service Commission to violate this Act, or any section hereof, and any commissioner shall be subject to trial and expulsion from said Commission for violation of this Act, or any section thereof, and/or misfeasance, or malfeasance in office, or for the commission of crime or misdemeanor, by the City Council of Augusta, upon two-third vote of the qualified members of City Council, qualified to try such member of the Commission on trial; the Mayor, or acting Mayor, or Mayor pro tempore, if qualified as a trier, shall be entitled to vote. Provided, however, before said commissioner

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may be expelled or dismissed by City Council of Augusta, he shall have formal and specific charges preferred against him in writing under oath, setting forth plainly and distinctly the charges preferred against said commissioner, which charges shall first be presented to the City Council of Augusta, whose duty it shall be then to set a date for trial of said commissioner, the date of said trial to be set not later than twenty (20) days after charges are preferred; said commissioner shall have a copy of said charges preferred against him, which the Clerk of Council shall deliver to the City Sheriff, who in turn shall serve same upon said commissioner not less than ten (10) days before date of said trial. The City Sheriff shall make return to the Clerk of Council setting out his acts and doings. The Clerk of Council shall issue subpeonas for witnesses to attend such trial, and it shall be the duty of the City Sheriff or his deputy to serve all such subpeonas, and it shall also be the duty of the City Sheriff to furnish said commissioner at five (5) days before said trial with a list of the witnesses upon whose testimony said charges are preferred. Said Commissioner so accused shall file any written defense he so desires to the charges preferred, which shall make the issue in said matter and upon which same will proceed to trial, provided, however, after the defense is filed said commissioner or the City Council of Augusta shall have the same right to continuances on the same grounds as now allowed in the Superior Courts of this State. The Mayor, the Mayor pro-tempore, or acting mayor, shall preside at such trials, and, with the advise of the City Attorney, or his assistant, as the case may be, shall determine and decide all questions of pleadings and the admissibility of evidence. All trials shall be stenographically reported. Each member of City Council sitting in said trial shall be put on his voir dire as in the Superior Court of this State, and shall be disqualified for the same reasons that jurors are in the Superior Courts of this State. Witnesses, including documentary

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evidence, that may be furnished by any witness, shall be subpoenaed by any of the parties at interest by furnishing a list of said witnesses to the Clerk of Council, and any witnesses duly subpoenaed who fails or refuses to appear and testify shall be subject to the same penalties as allowed in the Superior Courts of this State. The Trial shall be in open session of Council for this purpose and the vote shall be by acclamation in open session. A copy of the proceedings and findings of said trial shall be filed in the office of the Clerk of Council of the City Council of Augusta. A list of all witnesses subpoenaed shall be kept in an open record, as a public record, by the Clerk of Council. Punishment for violation of this Act. Charges preferred. Trial. Section 21. Be it further enacted by authority aforesaid, that the Commissioner of Public Safety shall be subject to the same discipline of the Civil Service Commission and the same permanent tenure of office, subject to the provisions of this Act, as other members of the Police and Fire Department, 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, being a member of said Police and Fire Department, shall be subject to and enjoy all of rights and privileges of pensions as provided by law for all other members of the Police and Fire Department, and he shall pay into the pension fund of the Fire and Police Department the same percentage of his salary as other members of said departments, said sums to be divided equally between the said police and fire Department funds. Public Safety Commissioner. Section 22. 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. Office.

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Section 23. 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 Dollars ($5,000.00) per annum, payable monthly by the City Council of Augusta, and the said City Council of Augusta shall from time to time in its discretion determine the number of the various officers, privates and employees of both the Police and Fire Department, as well as the salaries for same, and may abolish any of same, beginning with the office of chief and to include all officers, privates, substitutes, employees, temporary and permanent, in either of said department below the rank of chief. Provided, however, the appropriations already made by the City Council of Augusta for the year 1943 shall be the amount already appropriated by said City Council for each of said departments. Salary. Section 24. 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 such 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. Vacancy. 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 until said successor commissioner is elected and qualified. Section 25. Be it further enacted by the authority aforesaid, that 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 qualifications to said office. Qualifications.

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Section 26. Be it further enacted by the authority aforesaid that no member of the Civil Service Commission or 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. Eligibility. Section 27. Be it further enacted by the authority aforesaid, that the Commissioner of Public Safety of the City of Augusta and all officers and privates of the Police and Fire Departments of the City of Augusta that held such offices and positions on the date of the approval of the Act that repealed the act approved August 5, 1913 (Georgia Laws, 1913, pages 612-18), and all amendatory acts thereof, shall not have any of their pension rights disturbed and shall continue as members of the respective departments under this Act, subject, however, to all rules as provided in this Act and those set up by the Commission herein created; Provided, further that if there were any charges pending before said commission against any member of the Police or Fire Departments at the time of the repeal of said Act herein mentioned, for insubordination or otherwise, then the Commission herein created shall have the same power and authority to try and to pass judgment on all such cases, applying thereto the rules of said Commission in existence before the repeal of said Act herein referred to. That all officers and employees who remain in the employ of the Police and Fire Departments for a period of thirty (30) days after the date of the passage of this Act and approval by the Governor, shall be conclusively deemed to have accepted all of the terms of this Act and all of the rules and regulations of the Commissioner of Public Safety and of the Civil Service Commission promulgated pursuant to the provisions of this Act. Former rights undisturbed. Section 28. Be it further enacted by the authority aforesaid,

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that if any section or provisions of this Act should for any reason be held invalid or unconstitutional by any court of competent jurisdiction, it shall not affect the other provisions of this Act. Invalid parts. Section 29. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 3, 1943. AUGUSTA CHARTER AMENDMENTS. No. 251. An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, by an Act approved January 31, 1798 (Georgia Laws, 1798), and the several amendatory acts thereof, so as to provide for recall to duty in any branch of the service of the City of Augusta any officer or employee, including members of Police and/or Fire Department, that may have retired from service under the various pension acts applying to the City Council of Augusta; to further define the persons who shall be entitled to pensions; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the charter of the City of Augusta, incorporated as The City Council of Augusta by an Act approved January 31, 1798 (Georgia Laws, 1798), as amended by the various amendatory acts thereof, is hereby amended by adding thereto the following: Charter amended. That when any officer or employee of The City Council of Augusta, who has served in any capacity with said City Council in any of its departments, including the Fire

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and Police Departments, for a period of twenty-five years and retired on his own motion by virtue of said twenty-five years service, as provided by law, said City Council of Augusta may in its discretion recall said officer or employee back into the service of the City, whether in the position that he held on the date of his retirement or not; provided said retired employee agrees to recall and accept the position tendered him; provided, further, regardless of the office or position that said retired employee may be recalled to fill, his salary shall be double the amount of his pension but not in addition to said pension. Should said retired employee be retired from either the Police or Fire Departments, then the Civil Service Commission of the City of Augusta shall have the same rights with reference to recalling said retired member of said department as hereinbefore enumerated as the rights of The City Council of Augusta, as well as those in Section 2 hereof. Recall of retired officers and employees. Section 2. Be it further enacted by the authority aforesaid that said retired employee by virtue of being recalled to active service shall not be affected in any way with reference to his pension and pension rights already granted, and when said retired employee is recalled, he may be returned to his retired status at any time in the discretion of The City Council of Augusta, it being the intent of this Act for said recalled employee not to be considered a permanent employee under the Tenure Act of The City Council of Augusta. Pensions and pension rights not affected. Section 3. Be it further enacted by the authority aforesaid that any person who has been in the employment of the University Hospital and is now or may hereafter be employed by The City Council of Augusta in any of its departments shall have the time that he or she was employed by said University Hospital computed as time of employment with the said City Council of Augusta in computing

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the time said employee has been employed by The City Council of Augusta in order to determine his pension rights. University Hospital employees. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 4, 1943. AUGUSTA CIVIL SERVICE COMMISSION ABOLISHED. No. 249. An Act to repeal an Act entitled An Act to create a Board of Civil Service Commission, for the City of Augusta in this State, to have entire control and management of the Police and Fire departments of said City; to define its powers and duties, and for other purposes; approved August 5, 1913 (Georgia Laws, 1913, pages 612-18), as amended by an Act approved August 24, 1929 (Georgia Laws, 1929, page 852), as amended by an Act approved March 13, 1935 (Georgia Laws, 1935, page 897), as amended by an Act approved February 19, 1941 (Georgia Laws, 1941, page 1072-73), as amended by an Act approved February 19, 1941 (Georgia Laws, 1941, page 1076-1082), as amended by an Act approved March 27, 1941 (Georgia Laws, 1941, page 1073-1076), and all other amendatory acts thereof, so as to abolish the Civil Service Commission of the City of Augusta and all other offices and positions held under said acts; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act approved August 5, 1913 (Georgia Laws, 1913, pages 612-18), and entitled An Act to

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create a Board of Civil Service Commission, for the City of Augusta in this State, to have entire control and management of the Police and Fire Departments of said City; to define its powers and duties, and for other purposes, as amended by an Act approved August 24, 1929 (Georgia Laws, 1929, page 852) as amended by an Act approved March 13, 1935 (Georgia Laws, 1935, page 897), as amended by an Act approved February 19, 1941 (Georgia Laws, 1941, page 1072-73), as amended by an Act approved February 19, 1941 (Georgia Laws, 1941, page 1076-1082), as amended by an Act approved March 27, 1941 (Georgia Laws, 1941, page 1073-1076), and all other amendatory Acts thereof, be and the same is hereby repealed. Acts repealed. Section 2. Be it further enacted by the authority aforesaid that all offices and positions set up under said Act as amended under the various amendatory Acts are hereby abolished. Offices abolished. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 4, 1943. AUGUSTA OFFICERS AND EMPLOYEESFURLOUGHS. No. 99. An Act to amend the charter of the City Council of Augusta incorporated as the City Council of Augusta, approved January 31, 1798 (Georgia Laws, 1798) as amended by an Act approved December 31, 1937 (Georgia Laws, extraordinary session, 1937, pages 938-943) as amended by Act approved February 19, 1941, pages

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1071-72) and the several other amendatory acts thereof so as to provide furloughs for all officers and employees of the City Council of Augusta covered by said acts, also including all regular firemen and policemen, while in the Armed Forces of the United States during the present war; to provide for their tenure of office during their absence and to provide for the time such officers and employees are in said Armed Forces to be included as time being served with said City of Augusta in computing the time of employment for retirement purposes; 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 an Act granting a charter to the City of Augusta, incorporated as The City Council of Augusta, approved January 31, 1798 Georgia Laws, 1798) as amended by the Act approved December 31, 1937 (Georgia Laws, Extra-Ordinary Session, 1937-1938, pages 938-943) and the Act approved February 19, 1941 (Georgia Laws, 1941, pages 1071-72) and the various other amendatory acts thereof, be and the same are hereby amended as follows: Acts amended. Section 1. The term person where used in this Act shall include all officers and employees as defined under the Acts of the General Assembly of Georgia amending the charter of the City of Augusta approved December 31, 1937 (Georgia Laws, Extra-Ordinary Session, 1937-38, page 938) and the Act approved February 19, 1941 (Georgia Laws, 1941, pages 1071-72) as permanent officers and employees of The City Council of Augusta, and all members of the police and fire departments that have been named regulars on said departments. Person defined. Section 2. Any person who has or may be inducted into the land or naval forces of the United States by voluntary enlistment or under the Selective Service Acts since September

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16, 1940, and is a permanent employee under the Acts of the General Assembly referred to in Section 1 hereof, or are regular firemen or policemen of the City of Augusta, shall be conclusively presumed to have been on furlough or leave of absence while he is a member of said land or naval forces during the present war; provided, however, he does not voluntarily extend his period of service in said armed forces beyond twelve months from the date of armistice or peace that may be officially declared by the United States government. Person inducted in armed forces. Furlough or leave of absence. Proviso. Section 3. Any person who shall have received any honorable discharge from said armed forces upon presentation of same to The City Council of Augusta shall be restored to his former position without loss of seniority or loss of time (for purposes of computing time of service for retirement only) provided: (1) he has not voluntarily extended his enlistment as provided in Section 2 hereof; (2) he is still physically and mentally qualified to perform the duties of such position; (3) he makes application for employment within sixty days from date of his discharge from said armed forces. Restoration to position. Section 4. All persons inducted into said armed forces under the terms of this Act shall have the right to all benefits arising out of and under the pension and retirement system of The City Council of Augusta and while serving in said forces as provided herein, shall have his term of service in said armed forces included in his time of services with The City Council of Augusta for retirement. Pension rights. Section 5. Such person shall be entitled to participate in insurance benefits offered by The City Council of Augusta to its officers and employees by continuing the payment required of him. When this is done by said person, The City Council of Augusta shall carry his insurance in

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the same manner and according to the same rules and practice relating to all other employees. Insurance benefits. Section 6. The City Council of Augusta during the absence of any such person that has been inducted into the armed forces according to the terms of this Act 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 whatsoever under the Acts of the General Assembly approved December 31, 1937, as amended by the Act approved February 19, 1941, as against the person inducted into said armed forces and shall be discharged from said employment when and if such person so inducted shall apply for and announce ready to resume his service. Such temporary employee shall acquire no right either against The City Council of Augusta, the person so inducted or anyone else and may be removed from such employment at any time at the pleasure of said City Council of Augusta; provided, further, that should the office or position held by said officer or employee that is inducted into said armed forces be filled by some other officer or employee of the City by transferring him to the position of said inducted person and it is necessary to fill the position made vacant by said employee being transferred, the person so filling that position will be deemed a temporary substitute employee and subject to all rules and regulations as hereinbefore set forth with reference to those holding positions of those inducted. Substitute employment. Section 7. If the particular position from which such person was inducted into said armed forces shall have been bona fide abolished during the period of his absence serving his country, then such employee shall be restored to such office or position as he is best qualified to fill of like seniority, status and pay, unless under the circumstances it is impossible or unreasonable to do so. Position abolished.

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Section 8. If there is a dispute as to either physical or mental fitness of such person to be restored to his position, the question of same shall be submitted to arbitration. The City Council of Augusta shall select one physician or surgeon, the person claiming the employment shall select a physician or surgeon, and the two selected shall select a third. Their findings shall be final and conclusive on the question presented. Disputes arbitrated. Section 9. Be it further enacted by the authority aforesaid, that in instances where the officer or employee is inducted into the service, as contemplated under this Act, shall be a member of the police or fire departments, then in all cases referring to The City Council of Augusta in the other sections of this Act, the same shall apply as to the authority of the Civil Service Commission of the City of Augusta. Section 10. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed. Approved February 16, 1943. AUGUSTA POST WAR RESERVE FUND. No. 91. An Act to amend the Charter of the City of Augusta incorporated as the City Council of Augusta, approved January 31, 1798 (Georgia Laws, 1798, as amended by an Act approved March 16, 1939, Georgia Laws, 1939, pages 865-870), and the several amendatory Acts thereof, so as to authorize the establishment of post war reserve funds and to authorize the use of such funds in the replacement of worn out, depleted and obsolete equipment and property by said City; and or outright purchase of machinery, tools and rolling stock of every nature and

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for maintenance of public buildings and property of said City, as well as paving, repaving, repairing and improving of streets of the City of Augusta; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. Section 1. That in addition to the existing provisions of the charter of The City Council of Augusta, said City Council is hereby granted the following authority: Section 2. That said City Council of Augusta is hereby given further power and authority to create a fund to be known as a Post War Reserve Fund and to appropriate and transfer to said Post War Reserve Fund at any time during any year, from any current income and from any other fund, sources or surplus now belonging or to hereafter become the property of The City Council of Augusta to said fund and when any sums are appropriated to said fund the comptroller of The City Council of Augusta shall set us a separate account to be maintained and not disturbed except as hereinafter authorized. Post war reserve fund. Section 3. Be it further enacted by the authority aforesaid that at any time after priorities and other restrictions are removed by the United States Government The City Council of Augusta is hereby authorized and empowered to use all or any part of said sums of money that are to the credit of said Post War Reserve Fund for the replacement of old, obsolete and depleted equipment and property of said City, including automobiles, trucks of every nature, all other rolling stock, machinery, tools, supplies necessary to the proper conduct of municipal affairs and to the proper maintenance of its public buildings and other properties, and to repair, improve, pave or repave various streets of the City of Augusta. Use of funds. Section 4. Be it further enacted by the authority aforesaid

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that neither the Budget Committee of said City Council nor The City Council of Augusta shall include any sums that may have during a previous or current year been appropriated to said Post War Reserve Fund in its estimate of funds and income in making up the annual budget for the operation of the government of said City; provided, however, the power of the City Council of Augusta to levy taxes to meet such budget for the operation of the government of said City shall not be affected by the existence of any sums in said Post War Reserve Fund. Included in budget. Section 5. Be it further enacted by the authority aforesaid that said City Council of Augusta shall have the power and authority any time during any year to transfer from the current operating budget of the City and from the budget of any department of the municipal government funds that it has been determined will not be needed by said department, even though said sums were appropriated to said department at the beginning of the year, to said Post War Reserve Fund; provided, however, should any funds be transferred from any department and appropriated to said Post War Reserve Fund, it shall not be earmarked as funds to be used for the particular department or purpose from which it may be transferred, but shall be and become a part of the general assets of said Post War Reserve Fund to be expended by the City Council of Augusta in its discretion as provided in Section 3 of this Act. Transfers to said fund. Section 6. Be it further enacted by the authority aforesaid, that The City Council of Augusta shall have power and authority to include in its budget and levy taxes therefor such amounts as it may deem necessary to create and maintain said Reserve Fund. Tax levy. Section 7. Be it further enacted by the authority aforesaid that should the funds appropriated to said Post War Reserve Fund reach such an amount that in the discretion

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of said City Council said funds should be invested, then said City Council is hereby empowered and authorized to purchase United States Government, State of Georgia, county and municipal bonds with said funds, which it may sell at either public or private sale, at any time necessary for the purpose of purchasing property or to make improvements as hereinbefore enacted. Investment. Section 8. Be it further enacted by the authority aforesaid that said City Council of Augusta shall have power and authority to pass any and all ordinances and do all other things necessary to carry out and to put into effect the full intent of this Act. Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 16, 1943. BARNESVILLE CHARTER AMENDMENTS. No. 123. An Act to amend an Act entitled An Act to amend an Act `An Act to confer additional powers upon the Corporate authorities of the town of Barnesville, in the County of Pike' approved December 11, 1871, and to amend the charter of said City so as to provide for the qualifications of the members of Council of the City of Barnesville, formerly Pike, now Lamar County, Georgia, and to provide when the said members of council shall be elected, and to divide the City of Barnesville into four wards, and to provide that a member of Council shall be elected from each ward, to reduce the number of members of Council from six to four by September 8, 1944, to confer upon the Mayor of the City of Barnesville the power to appoint certain members of Council, to repeal

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all laws and parts of laws and parts of the charter of the City of Barnesville which may be in conflict with the provisions of this Act and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That an Act to amend an Act entitled An Act to confer additional powers upon the corporate authorities of the town of Barnesville, in the County of Pike, approved December 11, 1871, together with the charter of said City be and the same is hereby amended as follows: Act of 1871 amended. Section 2. The City of Barnesville, Lamar County, Georgia, is hereby divided into four wards to be numbered from one to four, having such metes, boundaries and limits as follows, to-wit: City divided into wards. Ward No. 1. Ward 1 shall include all territory within the following described bounds: Beginning at a point where the right of way of the Central of Georgia Railroad leading from Barnesville to Thomaston intersects the incorporated limits of the City of Barnesville, running thence in a northerly direction along said right of way to Rose Avenue, and proceeding thence along the middle of Rose Avenue in an Easterly direction to Greenwood Street, thence in a Northerly direction along the middle of Greenwood Street the full length of and through the extension of Greenwood Street to a point where the center of the pavement on Atlanta Street intersects with the center of the pavement on Zebulon Street and Depot Plaza, thence proceeding in a northeasterly direction along Depot Plaza to the middle of Mill Street, thence following the middle of Mill Street in a Northerly direction its full length to the incorporated limits of the City of Barnesville and thence following the incorporated limits of the City of Barnesville in a Westerly and Southern direction to the point of beginning. Ward 1 defined.

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Ward No. 2. Ward 2 shall include all territory within the following described bounds: Beginning at a certain point where the middle of Mill Street intersects the incorporated limits of the City of Barnesville and proceeding thence along the middle of Mill Street in a southerly direction the full length of Mill Street to the right of way of the Central of Georgia Railway Company, thence proceeding in a Southwesterly direction along Depot Plaza to where Atlanta Street and Zebulon Street corner thence easterly along Zebulon Street and across Main Street then along the middle of Forsyth Street in an Easterly direction the full length of Forsyth Street to the incorporated limits of the City of Barnesville, thence along the incorporated limits of the City of Barnesville in a northerly and westerly direction to where the center of Mill Street intersects the said City limits of Barnesville. Ward 2 defined. Ward No. 3. Ward 3 shall include all territory within the following described bounds: Beginning at the point of Forsyth Street where the middle of the pavement on said street intersections with the incorporated limits of the City of Barnesville, and which point is made one of the terminal points for ward 2 above, continuing in a southern and westerly direction along the curved incorporated limits of the City of Barnesville to where the South side of Gordon Road intersects said city limits, thence in a northwesterly direction along the South side of said city limits, thence in a northwesterly direction along the South side of Gordon Road to where said Gordon Road intersects with East Street and Stafford Avenue, thence in a Westerly direction along the South side of Stafford Avenue (so as to include all of the residences, houses, and places of abode facing on said Stafford Avenue and Gordon Road) to where said Stafford Avenue intersects Thomaston Street, thence in a Northerly direction along the center of the pavement on Thomaston Street to Summers Alley, thence in a westerly

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direction along the center of Summers Alley to where said alley intersects Greenwood Street, thence in a Northerly direction along the middle of the pavement on Greenwood Street and along the continuation of Greenwood Street to where same intersects with Atlanta Street and Zebulon Street, and Depot Plaza, thence in an Easterly direction along the middle of the pavement on Zebulon Street, across Main Street then easterly along middle of pavement on Forsyth Street throughout its entire length to the incorporated limits of the City of Barnesville to the point of beginning. Ward 3 defined. Ward 4. Ward 4 shall include all territory within the following described bounds. Beginning at a point where the South side of Gordon Road intersects with the incorporated limits of the City of Barnesville to the point of is made one of the terminals of ward 3 above, thence running in a southerly and westerly direction along the city limits of Barnesville and continuing along said city limits to where the right of way of the Central of Georgia Railroad leading from Barnesville to Thomaston intersects with the City limits of Barnesville, thence proceeding in a Northerly direction along said right of way of said Central of Georgia Railroad Company to where said right of way of Central of Georgia Railroad Company crosses the center of Rose Avenue, thence proceeding in an Easterly direction along Rose Avenue to the middle of Greenwood Street, thence proceeding along the middle of Greenwood Street in a northerly direction to where Greenwood Street intersects with Summers Alley and continuing along the middle of Summers Alley in an Easterly direction to Thomaston Street, thence in a Southerly direction along the center of the pavement on Thomaston Street to Stafford Avenue, thence in an Easterly direction along Stafford Avenue to where Stafford Avenue, East Street and Gordon Road intersect, then running in a Southeasterly direction along the

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south side of Gordon Road to the point of beginning. (However, all of the houses, dwellings and places of abode facing on Stafford Avenue and Gordon Road are excluded in this ward since they are in Ward 3). Ward 4 defined. Section 3. It shall be the duty of the Clerk and Treasurer of the City of Barnesville to make up a registration list of all qualified voters in each of the said four wards in alphabetical order of names for each ward instead of the city at large, distinguishing in said list between white and colored voters. It shall be the duty of the Mayor and City Council to provide voting booths and a place for voting in each ward. Voters list for each ward. Section 4. All persons qualified to vote for the members of the State Legislature in the County of Lamar and who shall have resided in said City of Barnesville thirty days prior to the date of any election and who have registered as required by the Charter of the City shall be qualified to vote in the ward of his residence in any City election. Qualification of voters. Section 5. Be it further enacted that the length of the terms of all the present members of Council be and the same are hereby confirmed and nothing contained in this Act shall be construed to shorten the length of any of the said terms of office. Terms of present Councilmen. Section 6. However, the membership of the Council of the City of Barnesville shall be reduced from six members to four members beginning September 8th, 1944. Council reduced. Section 7. Beginning at the 1943 City election and each year thereafter, there shall be elected only two members of Council; each member of Council to hold his office for a term of two years. Term of office. Section 8. At the 1943 City Election one of the two members of City Council to be elected shall be a resident of Ward 1 and shall be elected by Ward 1. The other

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member of the City Council to be so elected in 1943, shall be a resident of and elected by Ward 2 and each two years thereafter each of the said wards shall elect a member of council. Elected by and from wards. Section 9. Beginning in the year 1944, one of the two members of City Council to be elected in 1944, shall be a resident of Ward 3 and elected by Ward 3. The other member of the City Council to be so elected in 1944, shall be elected by Ward 4. Each two years thereafter each of the said two wards shall elect a member of the City Council. In 1944. Section 10. In order not to shorten the term of any office of any present member of the Council and in order to keep the membership of the Council an even number until September 8, 1944, the Mayor of the City of Barnesville is hereby given the power and authority to fill any vacancies on the said City Council caused by any reason whatsoever and on September 8, 1943, is empowered to appoint a member of the City Council to take the office of the third member of Council who was to be elected in 1943 but who will not be elected under the provisions of this Act at said election. Vacancies. Section 11. No person shall be eligible as an Alderman of the City unless he shall have obtained the age of 21 and be at the same time of his election a bona fide freeholder owning real estate in the city of Barnesville in his own right. He must also be qualified to be an elector of the city at the time of his election and must reside in the ward for which he is elected and shall not remove therefrom during his term on pain of forfeiture of his said office. Eligibility. Section 12. The Mayor of the City of Barnesville shall be elected from the city at large as is now provided by the Charter of the City of Barnesville. Mayor. Section 13. The persons residing in each of the said wards who shall receive the highest number of votes for

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Alderman in his ward shall be duly elected as a member of Council of the City of Barnesville at each of the elections herein provided for. Section 14. The appointive powers herein given to the said Mayor of Barnesville are bestowed upon him by virtue of the present declared national emergency and in order to reduce the members of the City Council from six members to four members as herein provided to encourage economy and said appointive power is not to be extended or enlarged. Appointive powers restricted. Section 15. Be it further enacted that all of the acts of the General Assembly of Georgia creating and amending the Charter of the City of Barnesville, now of force, which are in conflict with this Act, shall be and the same are hereby repealed, and all of the provisions of the acts of the General Assembly of Georgia, creating and amending the Charter of the City of Barnesville, now in force, that are not in conflict with the provisions of this Act, shall be and remain of full force and effect and the provisions of this Act shall be held and construed as a part of the Charter of the City of Barnesville. Section 16. Any part of this Act which may be unconstitional shall not invalidate any other part of this Act. Approved February 19, 1943. BLAIRSVILLE NEW CHARTER. No. 304. An Act to amend, consolidate and supersede the several acts incorporating the City of Blairsville, in the County of Union, State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation; to provide a municipal government therefor; to

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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 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 methods 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; 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 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, bond, and for their compensaton 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 forfeature 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 same 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

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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 crossing 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 to empound 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 manholes; 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 provide for objections to appraisal of cost of street improvements and provide for a lien for street and sidewalk improvements; to provide for the issuing of executions of street and sidewalk improvements and

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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 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 abatement 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

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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 regulations 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 building permits before any building or structure can be erected in said 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 City of Blairsville, 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

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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 City of Blairsville. Incorporation. Name. Section 2. Corporate Limits. Be it further enacted, That the corporate limits of the City of Blairsville shall extend one-half () mile from the center of the present court house of said city, 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 city. Territorial limits. Election to extend limits. 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 Union, State of Georgia, be and are hereby incorporated under the name and style of City of Blairsville, and said City of Blairsville is hereby chartered and made a city under the corporate name of 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 City of Blairsville as created by this

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Act may by its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its Mayor and Councilmen, such ordinances, by laws, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said City, as to said Mayor and Councilmen may seem best, and which shall be consistent with the laws of the State of Georgia and the United States. And the said 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 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 city and for corporate purposes said City of Blairsville, 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 Blairsville and its Mayor and Councilmen as a body corporate as heretofore incorporated. Incorporated. Name. Rights and powers. Section 4. Be it further enacted, That the municipal government of the City of Blaiseville 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, 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 amusements; storehouses, hitching places, markets, slaughter houses; garages, shops, mills, ginneries, factories, barber-shops,

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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 city, 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 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 of said powers alone, but shall include all and every other thing 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 Council. Powers enumerated. 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 meetiings 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

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city are faithfully executed and enforced; to appoint and be an ex-officio member of all committees; 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 Counclimen 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 Blairsville, 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 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, chief executive officer. Police court. Section 6. Be it further enacted, That the present Mayor and Councilmen of said City of Blairsville shall continue in office until the third Monday in May, 1943, and said

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Mayor and Councilmen shall exercise all of the powers and authorities conferred upon the Mayor and Councilmen of the said City of Blairsville, created by this charter, and on the second Saturday in May, 1943, a Mayor and five councilmen shall be elected, as provided in the next section of this Act. Present Mayor and Council. Section 7. Be it further enacted, That on the second Saturday in May, 1943, there shall be elected for said city, 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 2nd Saturday in May, 1944, and biennially thereafter, a Mayor and two Councilmen shall be so elected for said City. Biennially, after said election on said Second Saturday in May, 1943, three Councilmen shall be elected for said city, 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 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 Second Saturday in May, 1943, 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 third Monday in May next after their election. On the third Monday in May, after their election, the newly elected Mayor and/or Councilmen-elect shall meet in the City Hall or other designated place in

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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 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 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 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 for the unexpired terms provided it does not exceed twelve (12) months. Election. Terms. Oath. Vacancies. 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. 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

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of Blairsville 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; 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 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 Town Hall or other designated place 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 provisions of this charter shall be appointed by the Mayor and Councilmen. The Mayor and Councilmen shall determine and provide for the payment 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. Secret ballots. 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 box with the ballots and seal the same, and shall forthwith deliver the same to the Ordinary of Union

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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 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 regulation list, and the person receiving the highest number of votes cast in said election shall be declared duly elected. Lists of voters certified. Result declared. 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 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 ($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 be set out

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therein plainly and distinctly the grounds upon which said results of elections is contested; contestee may set up any cross grounds of contest. The contest may be heard at the Union 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. [Illegible Text] elections. Section 12. Be it further enacted, That the Mayor and Councilmen at their first regular meeting in May, 1943, 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 city, and shall have resided in the City of Blairsville 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 city, shall be qualified to vote at any election provided by this charter. Qualification 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 be a free holder owning real estate in said city and have resided in said city one year immediately preceding his election and shall be 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. The name of no candidate for either Mayor or Councilman shall be placed on the ballot in elections

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for Mayor and Councilmen, unless such candidate shall file with the Clerk of said City, fifteen days prior to the election in which he desires to be candidate (legal holidays and Sunday 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 city unless such person shall file said above notice within the time above provided. Qualification of officers. Notice of intention to become a candidate. 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 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 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 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

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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 City of Blairsville thirty days next preceding his registration, or that by the date of the next city 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 City of Blairsville, 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 someone 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 non-payment 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 May of each year, 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 said city, 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 of

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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. Section 17. Be it further enacted, That the Clerk of the City of Blairsville 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 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 City of Blairsville, 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 no 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 closed. Voters' list. Section 18. Be it further enacted, That all persons shall have the right to appeal from the decision of the Clerk, refusing any person the right to register; such

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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, 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 voters' 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. Lists purged. Section 20. Be it further enacted, That at the first regular

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meeting of the Mayor and Councilmen in May, 1943, and annually thereafter, the Mayor and Councilmen shall elect a Town Clerk and Treasurer; said treasurer to give bond with security in the sum of $1,000.00 for the faithful performance of his duties; a Marshal, who may be Chief of Police, and as many policemen as in the judgment of the Mayor and Council 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 Blairsville. 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 city 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 city 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 city funds by an order drawn by the City Clerk, 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

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deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen to be fixed by the Mayor and Councilmen, as above provided, in accordance with the limitations thereon as fixed by this charter. Clerk. Treasurer. Marshal. City Atty. Salaries. 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 the 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 affect immediately. Quorum. 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 Blairsville 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 Mayor, Mayor Pro-Tem., or other person

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acting as such shall not have power to try any alleged offender without first having written charges preferred against him or her. 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 dollars ($100.00), imprisonment in the Town 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 panishment of confinement in the city or county jail, or that of a sentence to work in the city chain gang on the streets of said city shall be inflicted except as as 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. 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 Union County. Commitments. 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 city, or any law of this State, and to provide a punishment for

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any person or persons failing, or refusing to obey such summons. Aid in arrest. Section 25. Be it further enacted, That it shall be lawful for the Marshal or any Policeman of said city to arrest without warrant any person or persons within the corporate limits of said town who at the time of said arrest or before that time have been suspicioned 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. It shall be lawful for the Marshal or any Policeman of said city to arrest without warrant any person or person who shall be guilty of a violation of any of the laws and ordinances of the City of Blairsville, which violation takes place in the presence of the said Marshal or Policeman. 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. The Marshal and Policeman 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 Blairsville; provided, when the arrest is not made within twenty-four hours after the offense is committed, said Marshal and Policemen are not authorized to arrest the offender outside the corporate limits of said town, except in obedience to 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

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forfeited as hereinafter provided for forfeitures of appearance bonds by the Mayor or Mayor Pro-Tem. Arrests. Appearance bonds. Section 26. Be it further enacted, That the Mayor and Councilmen of the City of Blairsville shall have power to organize one or more chain gangs or work gangs, and confine therein persons who have been sentenced by the Police Court of the City of Blairsville, to work upon the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs, and to enforce same through its proper officers. Chain gang. 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, the bond may be forefeited 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 Blairsville. Cash or 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

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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 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 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 Union 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, 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 proceedings directly to the Superior Court. Appeals. Certiorari. Section 29. Be it further enacted, That all persons owning property in the City of Blairsville 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 1st and close on June first of each year. Said property shall be returned by the property

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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 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, said free holders owning real estate in 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 city, 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 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

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of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or doubled 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 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. Tax assessors. Per diem. Notice. 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 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 valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Appeals. Section 32. Be it further enacted, That the Mayor and Councilmen shall 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. Collection of taxes.

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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 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. Tax executions. 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 Blairsville 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 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 issue hereafter, 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 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

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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. Ad valorem tax. Sinking fund. Section 35. Be it further enacted, That the Mayor and Council of the City of Blairsville 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 Blairsville, 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; provded, however, that no private property shall be taken by the City of Blairsville 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 Blairsville shall have full power and authority to remove or cause to be removed, any buildings, posts, steps, fences, or any other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public squares of said city. Upon failure of the person or persons placing walks, avenues or public squares, 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 city; and where any telephone, telegraph, power or electric

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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 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. Streets and sidewalks. Section 36. Be it further enacted, That the City of Blairsville is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons resident 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 consumers 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 Blairsville shall also have power and authority to own, 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

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for the establishment and operation of such a system and public utilities, and to pass any and all ordinances necessary for the establishment, operation, regulation and control of such system and public utilities. Public utilities. 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. Railroad Crossings. 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. Combustibles. 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 in 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, 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

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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 tax. Section 41. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to license billiard tables, pool tables, ten-pins alley, and all tables kept and used for the purpose of playing, gaming or renting, all ten-pin alleys, nine-pin 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, music boxes, 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. Gaming devices. 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 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 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

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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-jinny, 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 advertiscement 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 licenses. 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 person subject to such license, which fi. fa. shall become and constitute a lien on all property 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 City of Blairsville, without having first procured such license and complied with all other requirements of said City of Blairsville, relative thereto, shall be guilty of a violation of the city

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ordinance provided for such license or tax and, upon convition 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 Blairsville, 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 Blairsville, requiring a license and shall operate same for a period of thirty days without such license, the Mayor and Council shall then add the twenty per cent (20%) penalty above provided. The Mayor and Councilmen 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. Tax ordinance. Classification of businesses. Section 45. Be it further enacted, That the Mayor and Councilmen of said city may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said

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City of Blairsville, and in case of 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. License revoked. Notice and 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 so impounded, 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 at large. Impounding. 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

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streets and alleys and for widening, straightening and grading or in any way change the street lines and sidewalks of the 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 36-307, 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 city, and to enforce the provisions of this section by appropriate ordinances. Condemnation of property. Section 48. Be it further enacted, That the City of Blairsville, 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 City of Blairsville, 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. Grading and paving. Section 49. Be it further enacted, That one-half of the total [Illegible Text] of grading, paving, repaving or improving a sidewalk or [Illegible Text] portion thereof in said city shall be assessed against the [Illegible Text] of the property abutting on the said sidewalk or portion [Illegible Text] so paved, repaved, improved or reimproved, and the [Illegible Text] one-half of such cost shall be paid by said city; provided, [Illegible Text] that when

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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 considered as abutting on corner lots or tracts. Cost of paving. 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, improving and reimproving and shall be assessed accordingly against the owners of abutting property as provided for in this Section. All necessary drains, man-holes, catch-basins, 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 the improving and shall be assessed accordingly against the owners of abutting property as provided for in this Act; provided, however, that

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the cost of the paving or improving of a street intersection shall not be assessed against abutting property owners but shall be paid by said city. Section 51. Be it further enacted, That said Mayor and Council of said City of Blairsville 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 and 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 expenses 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. Water, sewer, etc., connections. 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. Frontage 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

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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. Paving railroad tracks. Section 54. Be it further enacted, That said City of Blairsville 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 of an abutting street, however, bids shall be received therefor and contract let as is provided in this Act for paving of streets. Sidewalks. Bids. 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

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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 portions 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 ordinance required. 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 the 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. Corporations. 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 for such ordinance an advertisement shall be inserted at least one time in the newspaper in said city which has a general circulation therein, in which the advertisements for Sheriff's sales in Union 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

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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 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 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 therefrom 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 have been 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

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the Mayor and Council shall deem best they shall cause said improvements to be made. Advertisement. Hearing. 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 City of Blairsville 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 Blairsville 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 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 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 the 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 Blairsville. The right is hereby expressly granted to the City of Blairsville 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

Page 1313

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. Paving contract. Bond. Section 59. Be it further enacted, That as soon as the said contract is let, and 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 and the said Mayor and Council for said city shall appoint a time for 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 improvement as to any such

Page 1314

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 Blairsville and said notice shall provide for 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 of 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. The assessing ordinance shall thereupon assert a lien upon each portion of the property abutting on such paving, repaving or im-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. Assessment. Section 60. Be it further enacted, That after the adoption of the ordinance provided for in section Fifty-nine

Page 1315

(59) of this Act a written statement shall be furnished by the Clerk of the said City of Blairsville 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. 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 Blairsville 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, street, avenues, alleys, lanes or other public places, or portion thereof so paved or improved, which execution shall be a lien against

Page 1316

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 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 or 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 Marshall 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 Blairsville shall have the right to purchase any lands so sold as prescribed by the Code of Georgia of 1933 and Acts amendatory thereof. Executions. 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 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 city before said transfer, and the town shall allow the use of its machinery of government for the collection of said executions. Transfer of executions. 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

Page 1317

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 Union 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 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 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 Marshall shall receive said affidavit of illegality as herein provided for, he shall return the same to the Clerk of the Superior Court of Union 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

Page 1318

whatsoever, the Mayor and Council may at any time in the manner provided for by 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. Affidavit of illegality. Section 65. Be it further enacted, That whenever the abutting landowners of any street, avenue, alley, lane or 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 purpose 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 Revenue of said Union County is authorized to sign on behalf of the county, and where the City of Blairsville is the owner the Mayor of said town is authorized to sign for and in behalf of the said city. Property owned by state, County or City. Section 66. Be it further enacted, That the Mayor and Council of the City of Blairsville 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 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

Page 1319

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 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. Bond election. Tax to retire bonds. 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 assessments against the different tracts of land so assessed for the paving, repaving or otherwise improving of the streets, alleys, 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. Installments. 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 instalments, the first installment of said assessments, together with interest to

Page 1320

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 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 Blairsville. Payment by installments. 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 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. Liens. 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

Page 1321

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 City of Blairsville 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 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 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 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

Page 1322

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 city in a book to be provided for that purpose, and certificates or registration by said clerk shall be endorsed upon each of said bonds. Bonds. 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 City of Blairsville, 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 assessment, 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

Page 1323

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 persons 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 Blairsville 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 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 of bonds. Executions and sales. Section 72. Be it further enacted, That if the said City of Blairsville 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

Page 1324

the question to the qualified voters of said city and without the necessity of any election to decide such question. Payment of city's pro rata share. 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 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 Blairsville 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. Paving under 69-401-434. 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 waterclosets, privies and the like in said city with full power to prescribe the location, structure,

Page 1325

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 contrivance or structures already in existence, or that may be thereafter 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 appropriaate ordinances. Sewers. 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 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. Damage for property used for sewers. 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

Page 1326

property for construction of sewers, by such boards, committees or officers as they may deem best. 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 limits. 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. Sewerage assessments. Section 79. Be it further enacted, that 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, sewer and electric

Page 1327

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 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 orddinances 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. 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 proceedings. 36-301, 36-607. Section 81. Be it further enacted, That said Mayor and Councilmen shall have full and absolute control of all city

Page 1328

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 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 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 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 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 expense of

Page 1329

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. Sanitary regulations. Section 82. Be it further enacted, That the Mayor and Councilmen of said city 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 city, 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 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

Page 1330

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 executions, and the sale under such execution shall pass the title to the property. Draining, filling lots and cellars. Section 84. 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 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. Nuisance declared. Section 85. Be it further enacted, That the Marshal and Policemen of said city shall have full power and authority to enter and if necessary to break open and enter any place in said city when the Mayor and Councilmen may have reasonable cause to believe, or may suspect to be a blind tiger, or place where spirituous, vinuous, 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 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 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.

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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 Blairsville and to 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 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 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 which is not in accordance with the laws of said city, said Mayor and Councilmen may order said building removed, and if the person, firm or corporation shall not remove said building after notice to do so, then said Mayor and Councilmen shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Fire regulations. 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 regulations 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 town. They shall have the power to compel the removal

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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 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. Quarantine regulations. 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. Cemeteries. Section 89. Be it further enacted, That the Mayor and Councilmen of said city shall have power to grant franchies, easements, and right 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

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again for such escape, and punished not exceeding the penalties hereinbefore provided. Escapes. 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 workings of any 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. 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 into the city treasury. Fees, paid into city treasurer. 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 city prisoners and convicts, and may appoint a custodian for same. The Mayor and Councilmen may contract with the proper authorities of Union County for the use of the common jail of said county for this purpose. 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 sancity 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. Immoral conduct. Section 95. Be it further enacted, That the Mayor and Councilmen of said city shall have power upon proper and

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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 city. Abate bawdy-houses. Section 96. Be it further enacted, That all executions in favor of the City of Blairsville 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 tests in the name of the Mayor (except when otherwise provided by this charter), and shall be directed to the Marshal of said city, 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 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 or 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 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 the 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

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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 Blairsville and the foreclosure of the right of 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 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 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 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 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 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 hereunder; 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

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have the same power as the sheriff's and constables to put purchasers in possession of property sold by them under the laws of this State. Executions and sales 92-8301, 92-8314. Property bid in by city. 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 Blairsville 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. Forms of accusations, etc. Section 98. Be it further enacted, That said Mayor and Councilmen of the City of Blairsville shall have power and authority to acquire, on behalf of the City of Blairsville, by gift, purchase, lease or otherwise, grounds suitable for 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 of said purpose. Parks. Section 99. Be it further enacted, That the Mayor and Councilmen of the City of Blairsville, shall have the power and authority to adopt and enforce ordinances for said city to protect shade trees and public 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 Council, or some officer appointed to direct the same. Said Mayor and Councilmen shall also have power and

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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. Section 100. 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 twenty-one and fifty who have resided in the City of Blairsville as long as thirty days, except those who are exempt 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 cents ($7.50) in any one year, as said Mayor and Council 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 by a sum not exceeding fifteen dollars or imprisoned in the town 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. Working streets. Commutation 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, all men who have lost one arm or one leg; and all men who

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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. Section 102. Be it further enacted, That the Mayor and Councilmen of the City 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 they may be necessary to foster virtue and good morals in said city; to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said Mayor and Councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said Mayor and Councilmen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body, and all officers of said city, and to do any and all other Acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers upon municipal corporations provided said laws, ordinances, regulations and rules are consistent with the laws of this State. 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,

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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 purposes penalties and enforce the same for violation thereof. Vehicles. 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. Section 105. Be it further enacted, That in case the Mayor or a Councilman while in office shall be guilty of mal-practice 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. Impeachment of officers. 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 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 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

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running at large in said city whose owners refuse to comply with such ordinances. Dog tax. Section 108. Be it further enacted, That the Mayor and Councilmen of said city shall cause to be codified all ordinances of said City of Blairsville, together with this Act, into one book to be known as The Code of the City of Blairsville, 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 Union 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 1943, pass and adopt such code, as the Code of the City of Blairsville; 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 Blairsville, certifying the same to be the code of ordinances and laws of said town. City 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 city any house, building or any 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 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

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Councilmen of said City of Blairsville 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 city; 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 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. Condemnation of land. 36-301, et seq. Section 111. Be it further enacted, That the Mayor and Councilmen of the City of Blairsville 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 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 city; for fire protection,

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fire-fighting equipment and facilities, and for any and all public uses and purposes that may be needed for said city. Bonds. Section 112. Be it further enacted, That, before any 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. Section 113. Be it further enacted, That before any bonds of said city shall be issued for any of the purposes named in Section 111 of this charter, the Mayor and Councilmen of said city shall, by appropriatae 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 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 beforestated 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 the 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 Mayor and Councilmen as

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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 papers, and said Mayor and Councilmen of said city are hereby authorized to negotiate and sell any of said bonds or series of 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. Purpose of bonds, amount, etc. Election. 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 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. Section 115. 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 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

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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 117. Be it further enacted, That all ordinances heretofore adopted by the Mayor and Councilmen of the City of Blairsville, 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 Blairsville may at any time repeal, alter or amend any of said ordinances. Prior ordinances in force. Section 118. Be it further amended, That all Acts of the General Assembly of Georgia heretofore passed, incorporating the City of Blairsville, 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. Prior Acts repealed. Section 119. 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 town and which shall 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

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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. Sale of proyerty by City. 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 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 Blairsville any powers or authorities in excess of any such permitted 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. Invalid parts. 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. Effective date. Section 122. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1943.

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BOWMAN CHARTERREGISTRATION. No. 144. An Act to amend an Act to incorporate the City of Bowman in the County of Elbert, found in the printed Acts of Georgia Laws 1907, pp. 438-467, approved August 22, 1907, by amending Section 11 (eleven) to provide that it shall not be necessary for persons already registered to to be registered each year in order to be qualified to vote; 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 11 (eleven) of an Act approved August 22, 1907 (Ga. Laws 1907, pages 438-467) be amended by adding thereto the following: Act amended. Provided that it shall not be necessary for persons already registered to re-register each year in order to be qualified to vote, so that said Section 11 (eleven) as amended, shall read as follows: Section 11. Be it further enacted, That the city clerk of said city shall keep open constantly at his office, except on Sundays and legal holidays, a book to be known as the Registration book of the City of Bowman, in which the voters of said city shall register their names and ages in the presence of said city clerk, and the said city clerk shall sign his name as registrar opposite the name of said voters. Said registration books shall close twenty days before each and every election to be held in said city. Before registering his name as aforesaid, each person shall sign the following oath, to-wit: `I,....., do solemnly swear that I am twenty-one years old, have resided in the State of Georgia one year, and in the County of Elbert, and in the city of Bowman six months, or will have fulfilled these conditions by the date of the next

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election to be held in said city. I have paid all taxes due this State, county and city (including street and specific taxes or license) which have been required of me and which I have had an opportunity to pay agreeably to law, excepting only taxes for the current year; So Help Me God.' The managers, or either of them, may, in their discretion, require the person offering to vote to take the oath aforesaid. Provided, that it shall not be necessary for persons already registered to re-register each year in order to be qualified to vote. Registration of voters. Oath. Re-registration each year not required. Section 2. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 22, 1943. BRUNSWICKAUTHORITY TO CLOSE ALLEY. No. 358. An Act to close an alley between sections nine (9) and ten (10) of the Dart Homestead Tract in the City of Brunswick, Glynn County, Georgia, and to vest the title to the same in equal proportions in the adjoining property owners, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Alley closed. Section 1. Whereas the official map of the plan of the City of Brunswick shows an alley between sections nine (9) and ten (10) of the Dart Homestead Tract therein, but such alley has never been opened or used by the public, and that such alley is not needed for use by the public, from and after the passage of this Act the said alley shall be permanently closed and that the real property comprising the same is hereby vested in the adjoining property owners in equal proportions.

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Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 18, 1943. BRUNSWICK COMMISSIONUSE OF PALMETTO SQUARE. No. 471. An Act to authorize The Commission of the City of Brunswick to use Palmetto Square in said city as a trailer camp or for other forms of temporary war housing for the duration of the present war, and for not exceeding six months thereafter, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. From and after the passage of this Act The Commission of the City of Brunswick shall have authority to utilize Palmetto Square in the said city as a trailer camp or for other temporary war housing for the duration of the present war and for not exceeding six months thereafter. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 20, 1943. BRUNSWICK RETIREMENT PENSIONS. No. 106. An Act to amend 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

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concerning tax asessments: 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 by changing the time of service required before retirement, and for other purposes, to-wit: Section 1. Section 8 of an Act entitled An Act to amend the charter of the city of Brunswick, Georgia: To confer 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, is hereby amended by striking sub-paragraph a in its entirety and by striking from sub-paragraph b thereof the words who has reached the age of sixty (60) years and as well from the last line of such sub-section the words and having reached the age limit and and by renumbering the sections so that the said Section as amended will read as follows, to-wit: 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: Act amended. To read. (a) Any regular employee of the City of Brunswick, 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 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,

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however, that such pension shall in no event exceed the sum of one hundred ($100.00) dollars per month. Having served the time required such employee's retirement and pensioning, if requested by such employee, shall be mandatory upon the Board of Pensions. Pensions. (b) 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 Pension. 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. Disability. Section 2. 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 16, 1943.

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BUENA VISTA CHARTER AMENDMENTS. No. 89. An Act to amend an Act approved July 31, 1920, to create a new charter for the City of Buena Vista, Georgia, to establish a municipal government for said City, to the time for electing a Mayor and five Councilmen for said City; to define the rights, powers and duties of the same and of said City and to repeal all conflicting laws. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act, Section 19 of said original Act of the General Assembly of Georgia, approved July 31, 1920 be and the same is hereby amended as follows: Act amended. By striking from said Section the following: The salary of the Mayor shall not be less than two hundred dollars per annum nor more than five hundred dollars, and substituting in lieu thereof the following: The salary of the Mayor shall not be less than one hundred dollars per annum nor more than five hundred dollars, so that said Section as amended shall read as follows: Be it further enacted, That the Mayor, the Recorder and each member of the Council shall be paid such salaries for their services as may be fixed each year by the Mayor and Council of the City of Buena Vista in December of each year prior to the annual election, to apply to the ensuing term of office. The salary of the Mayor shall not be less than one hundred dollars per annum nor more than five hundred dollars. The salary of the Recorder

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shall not be less than two hundred and fifty dollars nor more than five hundred dollars per annum. The salary of the Councilmen shall be such price as may be fixed by the Council at the same time salaries are fixed for the Mayor and Recorder, but in no event shall the same exceed fifty dollars per members for any one year. No salaries shall be increased or diminished during their terms of office. To read. Salaries of Mayor, Recorder and Councilmen. Be it further enacted that all laws or parts of laws in conflict thereof are hereby appealed. Approved February 16, 1943. CARROLLTON CHARTER AMENDMENTS. No. 204. An Act to amend an Act approved September 9, 1891, amending consolidating, and superseding the several Acts incorporating the City of Carrollton in the County of Carroll, providing a new charter for the same, and the several Acts amendatory therefor, so as to authorize and empower the City of Carrollton, by its Mayor and Council of the City of Carrollton to issue executions and/or fi fas for the collection of all licenses, fees, paving assessments, tax fi fas, and other indebtedness due the City of Carrollton, and to provide a method for resisting payment thereof by filing affidavit of illegality and/or claims to any property levied upon; to expedite the collection thereof, and to provide a prompt and legal remedy by way of affidavit of illegality or claim, and to further authorize and empower the City Clerk of the Mayor and Council of the City of Carrollton, Georgia, to act as exofficio Marshall of said City for the purpose of levying or making any levy of any fi fa or execution so issued, and

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fully empowering him to sell or conduct the sale of any of said property so levied upon, 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 General Assembly of said state, that the Charter of the City of Carrollton, Georgia, establishing the City of Carrollton, Georgia, under an Act to amend an Act of September 9, 1891, and amendments thereto, consolidating and superseding the several Acts incorporating the City of Carrollton, Georgia, as hereinafter defined and set forth: Acts amended. Section 1. Be it enacted by the authority aforesaid that the Mayor and Council of the City of Carrollton, Georgia, shall have and are hereby empowered with full authority and power by and through its Mayor and City Clerk, when so authorized by the Said Mayor and Council of the City of Carrollton, Georgia, to issue executions or fi fas for any licenses, fees, fines or forfeitures, paving assessment, taxes, or other indebtedness due said City of Carrollton, Georgia. Executions and fl. fas. Section 2. Be it further enacted by the authority aforesaid that should any fi fa or execution be issued by the City of Carrollton, Georgia, as herein provided, or as provided by the Charter of the City of Carrollton, for licenses, fees, taxes, fines or forfeitures, paving assessments, or other indebtedness, and/or in order to provide fully an adequate remedy at law for any person, firm or corporation that may desire to contest said execution or fi fa, said person, firm or corporation is hereby empowered to file an affidavit of illegality to said execution so issued by the authority of the City of Carrollton, which may be done under the same rules of law as now prevail in the Superior Courts of this State, and under the same rules that prevail in the State Courts governing the filing of affidavit of illegality. Any property levied upon, claimed by a person not a party to said execution is hereby permitted to interpose a claim to said property

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under the same rules of law applicable to the filing of claims now in force in this State. The rules, restrictions, and regulations governing the filing of affidavit of illegality and claims as now prevail in the Superior Courts of this State shall govern all such cases so filed. Any or all such claims, or affidavit of illegality shall be returnable to the next term of the Superior Court of Carroll County, Georgia, then and there to be heard, tried and determined at the first term thereof. Affidavit of illegality. Claims. Section 3. Be it further enacted by the authority aforesaid that the City Clerk of Carrollton is hereby made marshall ex-officio of the City of Carrollton for the purpose of levying any fi fa or execution ordered issued by the Mayor and Council of the City of Carrollton, Georgia, on any property of any resident of said City of Carrollton and he is vested for the aforesaid purpose with all the powers of the mashall of the City of Carrollton, Georgia. Marshall. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1943. CLAXTON SALARIES. No. 192. An Act to amend an Act approved August 27, 1931 (Ga. Laws 1931, page 715 et seq.) amending an Act incorporating the City of Claxton approved July 28, 1911; fixing the salaries of the Mayor, Councilmen, Clerk, Treasurer, and officers and employees. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that Section 5 of the Act amending the Charter of the City of Claxton, approved August 24, 1931, (Ga. Laws 1931,

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page 715, et seq.), be and the same is hereby stricken in its entirety and in lieu thereof a new Section be substituted which shall be numbered and read as follows: Act amended. Section 5. Be it enacted, by the General Assembly of Georgia, and it is hereby enacted by said authority, that all the words as originally written in section forty-one of the Act establishing a new charter for the City of Claxton (Ga. Laws of 1911, pp. 942 et seq.) approved July 28, 1911, be and the same are hereby stricken, and the following words are hereby substituted in lieu of said stricken words, so that said section forty-one shall be and read, to-wit: Be it further enacted, that the compensation of the mayor shall be three hundred dollars per annum, of the councilmen fifty dollars each per annum, of the City Attorney one hundred dollars per annum, of the Treasurer not more than thirty dollars per annum, of the Marshals not more than one hundred twenty dollars each per month, of the Clerk not more than one hundred dollars per month, and of all other officers and employees such sums as may be fixed by the Mayor and Council. No additional compensation shall be allowed or paid to any of said officers or employees, except the City Attorney, for extra services rendered or to be rendered by them to said City; nor shall any of said officers or employees, or the family of any of them, have, receive, or take directly or indirectly, any water or other thing of value furnished by the City, except upon payment therefor under the same rules and regulations prescribed for other users thereof. New Sec. 5. Salaries. Section 2. Be it further enacted, and it is hereby enacted by said authority, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1943.

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COLLINS CHARTER. No. 206. An Act to incorporate the City of Collins, in the County of Tattnall, State of Georgia, define its limits, to provide for mayor and councilmen and other officers, and the manner of their election; to provide for government of the City of Collins; to provide for the sale of bonds for public improvements; to provide all that is necessary for the administration of a City government; and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the inhabitants of the trritory embraced within the limits described as follows: Beginning where the Main Street in said City crosses the Seaboard Air Line Railway and running in a western direction on said railroad one-half mile, and then running from said railroad in a northern direction one-half mile, then running in an eastern direction one mile, and then running in a southern direction one-half mile to said railroad at a point one-half mile from the starting point, then running in a southern direction one-half mile, and then running in a western direction one mile, and then running in a northern direction one-half mile to said railroad, said one square mile being in the county of Tattnall, and State of Georgia, be, and they are, hereby incorporated under the name and style of the City of Collins; and by that name shall be and are hereby invested with all powers, rights and privileges incident to municipal incorporations in this State as well as all the rights, power, titles, property easements and hereditaments belonging or in anywise appertaining to the City of Collins, heretofore incorporated, said City of Collins created by this Act, is hereby made responsible as a

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corporate body for all legal debts, liabilities, and undertakings of the said City of Collins as heretofore incorporated. Territory defined. Corporate name. Succeeds to rights, etc., of former corporation. Section 2. Be it further enacted by the authority aforesaid, That the inhabitants of the territory described in the above section and incorporated as the City of Collins, are incorporated a body politic and corporate with power to govern themselves by such ordinances, resolutions and by-laws for municipal purposes as they may deem proper, not in conflict with the Constitution and laws of this State, nor of the United States, with powers in and by corporate name to contract and be contracted with, sue and be sued, plead and be impleaded in all courts of this State, and all other Acts relating to its corporate capacity, and shall be able in law to purchase, hold, receive, enjoy, possess and retain for the use and benefits of the City of Collins, in perpetuity for any number of years, any estate or estates, real or personal, and tenements hereditaments of whatever kind or nature within the limits of said City for corporate purposes; to hold all property and effects belonging to said City, either in her own name or in the name of others to the use of said City for the purpose and interest for which the same was granted or dedicated; to use, manage and improve, sell and convey, rent and lease, and to have the like powers over property hereinafter acquired; to have and to use a common seal. Powers in general. Section 3. Be it further enacted by the authority aforesaid, That this Act shall become operative when a bill entitled, An Act to abolish the charter of the city of Collins shall have been approved by the Governor of the State of Georgia. Effective date. Section 4. Be it further enacted by the authority aforesaid That the government of the said City shall be vested in a city council composed of a mayor and five councilmen. The present mayor and councilmen of the City of Collins, namely, R. R. Holland, mayor; Vannie Wrenn, W. T. Glisson,

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Frank J. Callaway, W. H. Collins and R. J. Harris; the said R. R. Holland, Vannie Wrenn and W. T. Glisson to serve until December 31, 1944, and Frank J. Callaway, W. H. Collins and R. J. Harris to serve until December 31, 1943, this being the terms which they have already been elected for under the old charter of the City of Collins, and until their successors and associates shall have and exercise all rights, powers and duties conferred on the city council of said City created by this Act. Mayor and council named. Section 5. Be it further enacted by the authority aforesaid, That on the third Monday in December, 1943, three councilmen shall be elected for a term of two years to succeed Frank J. Callaway, W. H. Collins and R. J. Harris, and on the third Monday in December, 1944, a mayor shall be elected to succeed R. H. Holland and two councilmen shall be elected to succeed Vannie Wrenn and W. T. Glisson; all of said officers to be elected for a period of two years each; it being the intention of this Act to elect three councilmen at one time and a mayor and two councilmen at another time, and all of said officers to serve for a period of two years and go in office the first day of January after their election. The election referred to above shall be held regularly to elect said officers for a period of two years as the terms fixed by this Act. Election and terms of office. Section 6. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or councilman who shall not have resided in said City one year immediately preceding his election, and shall be a qualified voter in municipal election for officers of said City, and entitled to register under the registration laws of said State for holding primary or general elections. Those voting in said elections for city officers as set out about shall be qualified to vote for members of the General Assembly of Georgia. Eligibility.

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Section 7. Be it further enacted by the authority aforesaid, That the mayor and councilmen elected on the third Monday in December, in each year an election is held, shall be inducted into office on the first day of January after their election, and that their successors shall likewise enter their duties either as mayor or councilmen on the first day of January after their election on the third Monday in December as provided above. The mayor before entering upon the discharge of the duties of his office shall take and prescribe the following oath before any officer in Georgia authorized to administer oaths: I, (A.B.) do solemnly swear that I will, to the utmost of my ability, discharge the duties of mayor of the City of Collins, during my continuance in office; so help me God. A councilman before entering the discharge of the duties of his office shall take and prescribe the following oath before any officer in Georgia authorized by law to administer oaths: I, (A.B.) do solemnly swear that I will, to the utmost of my ability, discharge the duties of councilman of the City of Collins, during my continuance in office; so help me God. Assumption of office. Oaths of office. Section 8. Be it further enacted by the authority aforesaid, That the mayor of said City shall be its chief executive officer. He shall see that all laws, ordinances, resolutions and rules of said City are faithfully executed, and that all officers of said City faithfully execute the duties required of them. He shall have general supervision over affairs of said City, shall preside at all meetings of the city council, and at the police court except as herein otherwise provided. Mayor's duties and powers. Section 9. Be it further enacted by the authority aforesaid, That the mayor and mayor pro tem. while acting as mayor, shall not have the right to vote upon any question before the council, except in case of a tie, but said mayor or mayor pro tem. shall have the right to veto any resolution or ordinances adopted or enacted by the council, which veto

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must be filed with the clerk in writing together with his reasons therefor, within four days after their action on said measure, and be entered for record on the minutes of the council; and said measure shall not be effectual unless passed over said veto by a vote of two-thirds of council at the first or second regular meeting of council after said veto, and not thereafter, provided, however, that within two days after said veto power is exercised the mayor, or mayor pro tem., as the case may be, shall call a special meeting of council, and if all the council, or all save one of the council, be present, they may, in their discretion, then and there act on said measure vetoed. Mayor's veto power. Section 10. Be it further enacted by the authority aforesaid, That the councilmen at their first regular meeting in each year shall elect a member of their body mayor pro tem., for that year; that during the sickness, absence or disqualification of the mayor, the mayor pro tem. shall act as mayor; or in sickness, absence or disqualification of the mayor pro tem. any one of the councilmen chosen by the city council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of mayor for the time being. Mayor pro tem. Section 11. Be it further enacted by the authority aforesaid, That the mayor and three councilmen shall constitute a quorum for the transaction of any business before the city council, and the majority of the votes cast shall determine all questions and elections before the council. On all questions before the city council the mayor, or mayor pro tem. if he is presiding, shall be entitled to vote only in case of a tie. Said city council shall hold regular meetings at stated times at the chamber in said city, and shall hold such call meetings as may be ordered by the mayor for special purposes, or when requested to by a majority of the councilmen. All meetings of the council shall be public, and the public shall be allowed at all times to witness their deliberations,

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except when the city council resolves itself into executive session, when the public shall be excluded. Quorum. Meeting of council. Section 12. Be it further enacted by the authority aforesaid, That it shall be the duty of the City Clerk to collect and keep, subject to the direction of the city council, all money due and belonging to the City, except as herein otherwise provided; to be the custodian of the books and records of the City; to attend and preserve a minute of all acts and doings of each meeting of the city council; to be ex-officio clerk of the police court of said city, and to perform all the duties usually required of a clerk of a court of like character; to be ex-officio clerk of the board of tax assessors, and ex-officio clerk of the board of health of the city, and to perform such other duties as are required of him by this Act, and which may be required of him from time to time by the city council. Before entering upon the duties of his office the clerk shall execute such bond, with good security, conditioned upon the faithful discharge of his duties, in such sum as may be required of him by the city council. He shall make quarterly reports to the city council of all receipts and disbursements in detail, and each of said reports shall be spread upon the minutes of said council. He shall also make the council an annual report. He shall cause to be published in some newspaper published in said county this annual report, and said clerk shall reside in said city and be a legal voter in said city. Duties of City Clerk. Bond. Annual report. Payments. Section 13. Be it further enacted by the authority aforesaid, That the expenditures of the city council and the compensation of the said officers shall be paid out of the city funds by an order drawn by the clerk of council upon the city treasurer, and countersigned by the mayor, or mayor pro tem., of the council out of the city funds in the hands of the city treasurer, who shall keep a book in which he shall make an entry of all the sums of money paid out and

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to whom and for what purpose, and shall take a receipt for all sums of money paid out, which book and receipts shall at all times be subject to the inspection of any citizen of the city, and all sums of money paid into the treasury by the provisions of this Act shall, and the same are, hereby directed to be a fund for the exclusive use of the city. Treasurer's records. Section 14. Be it further enacted by the authority aforesaid, That there shall be elected annually at the first regular meeting in each year by the council a city treasurer, whose duties shall be such as are usual, or which may be required of him by the ordinances of said city. He shall give such bond and security as said city council may prescribe. The offices of the city clerk and city treasurer may be consolidated, in the discretion of the city council. All the city officers necessary for carrying out the provisions of the Act, except the mayor and councilmen, shall be elected at the first regular meeting of the council in each year and shall be elected by the city council. Any vacancy that may occur in any office referred to above shall be filled by the council at the next regular meeting after the said vacancy occurs. City treasurer. Bond. Vacancy. Section 15. Be it further enacted by the authority aforesaid, That at the first regular meeting in each year of the new city council they shall elect some competent attorney of the county of Tattnal as city attorney, to hold his office for one year, and until his successor is elected and qualified. He shall, when requested, attend all meetings of the city council; give, when requested, his legal opinion to the mayor or the city council, or the head of any city departments on any official matter; represent the prosecution in any matter in the police court when requested to do so by the mayor or other presiding officer of the police court; to make an annual report to council of his official acts and doings, to perform such other duties incident to his office as may be required of him by the proper authority. City attorney.

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Section 16. Be it further enacted by the authoirty aforesaid, That the compensation for the mayor, the councilmen, the city clerk, treasurer, city attorney, and of such other officers, servants or employees of the city shall be such sums as the council may fix. Compensation of officers and employees. Section 17. Be it further enacted by the authority aforesaid, That said city council shall have power to elect such marshal, clerk and treasurer, and other officers, as they may deem necessary for the purpose of carrying into effect the provisions of this Act and the powers hereby conferred upon them, and to prescribe the compensation of such subordinate officers, and to require such bond for the faithful performance of the duties of such officers as may deem necessary and proper. They shall have power to suspend or remove them from office for a breach or neglect of duty, or incapacity to discharge their respective duty for any cause. Section 18. Be it further enacted by the authority aforesaid, That there shall be a police court in and for said city for the trial of all persons accused of offenses against the laws and ordinances of said city, to be presided over by the mayor in the council chambers, as often as necessary. In the absence of or disqualification of the mayor the mayor pro tem. shall preside in said court, and in the absence or disqualification of the mayor or mayor pro tem. any councilman may hold said court. Said court shall have power to preserve order, compel the attendance of witnesses, and to punish for contempt by imprisonment not exceeding five days in the city prison or in the county jail of Tattnall county or by fine not exceeding twenty dollars; and said fine may be collected by execution issued by the clerk and levied by the marshal or any of his deputies. Said police court shall be authorized and empowered to punish by imprisonment in the city prison for a term not exceeding thirty days; by compelling the offender to labor upon the streets of said city for

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and during the space of sixty days, by fine not exceeding one hundred dollars, which fine may be collected by execution, either one or both, or all of said penalties, in the sound direction of the court. Either one of the said punishments may be imposed as an alternative punishment to some other mode imposed. The city clerk and the chief of police of said city shall be entitled to receive such cost and fees as the city council may prescribe from the defendant or losing party. Police court. Powers. Costs and fees. Section 19. Be it further enacted by the authority aforesaid, That any officer of said corporation who shall be guilty of malpractice or abuse of the powers conferred upon him shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in Code of Georgia, 1895, section 1039, and shall be removed from office. Malpractice. Section 20. Be it further enacted by the authority aforesaid, That the members of the police force of this city, the mayor and councilmen, may arrest, without warrant, any person guilty of a violation of the ordinances of said city, or reasonably suspected and bring the offender before the police court for trial and to this end may summon any of the bystanders as a posse to assist in such arrest. When brought before said court a written or printed accusation shall be preferred against the offender in a manner and form as follows: Arrests. Accusation. State of Georgia, City of Collins. I,....., a member of the police court of said city in the name and behalf of the city of Collins, charge and accuse..... with the offense of (here state the offense) contrary to the laws of said city, peace, good order and dignity thereof, this.....day.....19....., and shall be signed by some member of the police force of said city where prosecuting, and when such accusation is preferred in substance as aforesaid, the same shall be sufficient authority to hold the accused until the final disposition

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of the case; but the accused may give bond and security to appear at such other time as the case may be adjourned to; and in default of such bond being given, the accused may be imprisoned to await trial. If such bond be given and the accused should fail to appear for trial, the bond may be forfeited by the mayor or mayor pro tem., at the insistence of the chief of police, and execution issued thereon upon serving the defendant, if to be found, and his securities in such manner, at least five days before the hearing on said nisi. Form. Appearance bonds. Forfeitures. Section 21. Be it further enacted by the authority aforesaid, That any person convicted before the mayor, or either presiding officer of the police court, may enter an appeal from the judgment of said court to the city council; provided, the appeal to be entered within four days after the judgment complained of is pronounced; and, provided further, the defendant pays all accrued costs in the case and gives bond to abide the final judgment of the case, which bond must be approved by the clerk or chief of police. The city council shall, as early thereafter as practicable, hear and determine said case appealed, and shall investigate the case de novo. They shall have power, if they find the defendant guilty, to increase or decrease the fine imposed by the mayor. Any person convicted by the mayor, or by the council, on the appeal, may have the right of certiorari to the superior court of Tattnall county; provided, all costs are first paid and bond and security given in double the amount of fine imposed, if a fine is imposed, to answer the final judgment rendered in the cause; and, provided further, nothing in this section shall prevent a defendant who desires to appeal his case to the city council or an applicant for certiorari to file the usual pauper affidavit in lieu of either giving the bond and security and the payment of costs, either or both; and, provided further that the applicant failing to give bond and security may, in the discretion of the mayor, be imprisoned

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to await the final judgment on the appeal or certiorari. Certioraries above mentioned shall be governed by the same rules that shall govern all other certioraries. Appeals to council. De novo investigation. Certiorari. Section 22. Be it further enacted by the authority aforesaid, That the city council of Collins shall have the power to organize one or more work-gangs, and to confine at labor therein persons who shall have been sentenced by the courts of said city to work upon the streets, and shall have power to make all rules and regulations that may be suitable, usual or necessary for the government, discipline and control of such work-gangs, and to enforce the same through its proper officers. Said city council of the city of Collins is hereby given authority to purchase land outside of the city of Collins, in Tattnall county, upon which to erect a chain-gang or work-camp upon which to work anyone sentenced for any offense in the city of Collins. Work-gangs. Work-camp. Section 23. Be it further enacted by the authority aforesaid, That the mayor and each councilman shall be, to all intent and purposes, a justice of peace, so far as to enable them or any of them to issue warrants for offenses, either against State or City laws, committed within the incorporate limits of said City, which warrants may be executed by any member of the police force of said city, or any lawful officer and to commit to jail, or admit to bail, according to law, defendants for their appearance before the proper court, to await his, her or their trial; that is, to bind the offender over to the City Court of Reidsville, or Superior Court of Tattnall county for a trial hearing. Commitments. Section 24. Be it further enacted by the authority aforesaid, That the police court of said city shall have full power and authority, upon the proof of the maintenance or existence of ill-fame houses or bawdy houses within said city, to cause the inmates of said house to be forcibly removed without the limits of said city, upon giving them ten days

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notice, or to punish them, by a fine not exceeding the sum of ten dollars for each day he, she or they, may remain after said notice, or by imprisonment in the guardhouse of said city not exceeding twenty days, or both in the discretion of the police court trying the same. Bawdy houses. Section 25. Be it further enacted by the authority aforesaid, That the city council elect for such time as they may deem proper a chief of police, who shall be ex-officio marshal of said city, and shall, from time to time, elect such other policemen, and for such term as they see fit; each policeman shall be ex-officio of deputy marshal. Chief of police. Section 26. Be it further enacted by the authority aforesaid, That it shall be lawful for any member of the police force of said city to arrest without warrant, all persons within the corporate limits of said city, who, at the time of said arrest, or before that time, have been guilty of offense against the ordinances of said city, or who have been strongly suspected of being guilty, and to hold said person so arrested until a hearing of the matter before proper officers can be had, and to this end said arresting officers are authorized to imprison for a reasonable length of time said parties. The members of said police force are authorized to the same extent as are the sheriffs of this State to execute State warrants. Arrests without warrant. Section 27. Be it further enacted by the authority aforesaid, That the police officers of said city shall release any person arrested within the corporate limits of said city upon said person giving a bond with good security, to be approved by the clerk or chief of police, conditioned to pay the obligee in said bond, to wit, the city of Collins, the amount therein stated in the event said person arrested does not appear for trial. And should said person fail to appear at the time and place fixed in said bond, said bond may be forfeited in the

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mayor's court in the usual way, or as the city council may prescribe. Appearance bonds. Forefeitures. Section 28. Be it further enacted by the authority aforesaid, That executions for any and all taxes, license, fines, assessments, forfeitures or remands made by the city, or by its corporate authorities, against any person or corporation whatsoever, shall be issued by the clerk of said city, bear test in the name of the mayor thereof, and shall be directed to the marshal of said city and his deputies, and to all and singular the sheriffs of said State, their deputies and constables. The levy, advertisements and sale shall conform to the laws of Georgia as to Sheriff's sale in all respects, except that when the property levied on is personalty, the rules pertaining to constable sale shall govern. Executions for taxes, etc. Levy and sale. Section 29. Be it further enacted by the authority aforesaid, That the said city council shall elect from the citizens of said city at the first meeting of the new council in each year, a board of health, consisting of five members, at least one of whom shall be a practicing physician of said city. None but the chairman shall receive compensation for their services, and shall be paid from the treasury of said city such compensation as the city council may fix. The said board of health shall make recommendations from time to time to the city council on matters pertaining to the health, comfort and sanitary conditions of the city, and shall take such precautionary measures against the spread of contagious, infectious and epidemic diseases as they may deem expedient, and shall make reasonable rules and regulations for the government of localities, places and persons in line with the purposes for which this board is created; and any person failing to obey reasonable rule, order or regulation, shall be guilty of an offense against said city, and shall be punished accordingly. Said board shall meet at least once a month, and oftener at the call of the chairman. Their rules,

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orders and regulations shall, by, its clerk, be published, as shall the minutes of their meetings, except when by order of the board it is thought inexpedient to publish their minutes, or any part of them. They shall have power to establish quarantine, pesthouses and the like. The mayor or city council shall designate some member of the police force as sanitary inspector, who, in either case, shall be the executive officer of the board of health. Board of health. Members. Duties and powers. Meetings. Quarantine. Sanitary inspector. Section 30. Be it further enacted by the authority aforesaid, That for the purpose of raising revenue for the support, and maintenance of the government of the city of Collins, the city council shall have full power and authority, and they shall provide by the 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 exceeding one per centum upon the value of said property. Ad valorem taxex. Section 31. Be it further enacted by the authority aforesaid, That at the first meeting of each year after the newly elected councilmen qualify, or as soon thereafter as practicable, the city council shall elect three citizens of said city as tax assessors, whose duty it shall be to carefully go over the tax returns of all property owners in said city after they are made to the proper officer for receiving the same, and after considering the same to assess their fair market value of all property on said return, provided they find said property not given in at its fair market value. Said tax assessors shall do the work of assessing the property in the said city within ten days after the expiration of the time for giving in taxes. Said tax assessors shall hold their office one year. All vacancies occurring on said board shall be filled by the city council. Said assessors, before entering on the discharge of their duties, shall take and subscribe to an oath to faithfully and fearlessly perform the duties of their offices. Tax assessors. Duties. Section 32. Be it further enacted by the authority aforesaid,

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That it shall be the duty of every citizen and property owner, and they are hereby required, to make annual returns under oath to the clerk of the council during the first twenty days of every September, of a full and complete schedule of all their taxable property held in their own rights and in behalf of others; and in case any person shall fail or refuse to make such returns, or shall make any return deemed by the board of assessors incorrect, said board of assessors shall assess the property of such persons and fix such value thereon as they may deem correct and just. The clerk of council shall keep on hand sufficient blanks for the property owners in said city to make their tax returns on. A majority of said board of assessors shall constitute a quorum. Tax returns. Section 33. Be it further enacted by the authority aforesaid, That all property not returnable for taxation during the first twenty days of each September shall be double taxed; provided, however, that the board of tax assessors shall have power, in their discretion, under such rules and regulations as they may prescribe, to relieve against the double tax for good cause shown. Double taxes. Section 34. Be it further enacted by the authority aforesaid, That the city council shall, early in each year, fix a time for the valuation of property for taxation, and in the absence of a time fixed by said council, the first day of July in each year shall be the time of property taxation. Valuation date. Section 35. Be it further enacted by the authority aforesaid, That there shall be a lien on all property, real or personal, of said citizens of said city for all corporation taxes assessed thereon, licenses due, and for all fines and penalties assessed upon the owners thereof from date they are assessed or imposed, which shall have priority over all other liens, except for taxes due the State and County, and which may be enforced by executions issued by the clerk of said city and levied by the marshal. Tax lien. Rank.

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Section 36. Be it further enacted by the authority aforesaid, That in case any property which is 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 tax assessors may, at any time, assess said property for said year or years, and double tax it, if there has been failure to return it as required by law; and if the city council shall have provided for the double taxing of defaulters, execution shall then issue therefor, as in other cases, at the rate of the several years in which no taxes were paid. This section shall apply to the assessment of property which, before the passage of this Act, was not assessed for taxation and taxes collected thereon, as well as the property which, in future, may be made, and executions issued therefor hereunder, as well as for years prior to the passage of this Act as hereafter. The city council shall provide by ordinances, when they shall be necessary, for fully carrying into effect this section. Unreturned and non-assessed property. Section 37. Be it further enacted by the authority aforesaid, That the city council of Collins shall have power and authority to contract debts and issue bonds of said city under and in accordance with the limitations provided in the Constitution of the State and from the funds arising from the sale of any bonds thus issued may establish and maintain a system of waterworks, a system of electric lights and city hall, erect public library, or grounds for parks, or for city cemetery, or for other convenience of citizens of said city for any other lawful purpose and under the limitations therein stated, and to levy a tax of one per cent for each annually upon the assessed property of said city to discharge such debts. Power to issue bonds. Purposes. Section 38. Be it further enacted by the authority aforesaid, That any vacancy that may exist by death, resignation or otherwise, in the city council shall be filled at the next

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regular meeting of the council by the councilmen; provided there are as many as three councilmen then in office, and if there are less than three councilmen then in office the mayor shall order an election to fill all vacancies in said council, and shall advertise the notice calling the said election at least ten days at the door of the chamber, where all notices concerning the said city government shall be posted. Vacancies in city council. Section 39. Be it further enacted by the authority aforesaid, That should there be a vacancy in the mayor's office, the mayor pro tem. shall succeed to the office and fill out the remainder of the unexpired term. Should the mayor pro tem. not be qualified to fill the said office, then the city council shall elect a successor to the mayor to fill out the unexpired term. Vacancy in mayor's office. Section 40. Be it further enacted by the authority aforesaid, That all ordinances passed by the mayor and councilmen shall, before becoming operative, be entered upon the minutes of the city council and be published at least once in some newspaper having general circulation in the city; provided, however, that in case of urgency, in the ordinances, the same to be judged of by the council and stated in the ordinance, shall become operative at once. Also, said ordinances shall be published for ten days at the door of the city hall, unless it be a case of urgency, when the council may proceed as set forth in this section. The council in its legislative capacity shall have the right to pass any and all ordinances for carrying on the said city government not in conflict with the Constitution of the United States, or of the State of Georgia, or this charter. Ordinances. Section 41. Be it further enacted by the authority aforesaid, That the city council shall have full power and authority to establish, to construct and maintain one or more systems of sewerage and drainage, or parts of such systems, in said city and around said city, for the health, cleanliness,

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and comfort of its inhabitants; and the said city council shall have entire and exclusive control and jurisdiction over all said parts, private drains, and sewerage, water-closets, and the like, in said city, with full power to prescribe the location, construction uses, and preservations, and to make regulations concerning them in particulars. Sewerage and drainage systems. Section 42. Be it further enacted by the authority aforesaid, That in case of any sewer or sewers, or parts of same, shall be located in or upon or through private property, the owner of said property refused to grant the right of way for that purpose, and such owner and the party constructing said private sewer, or said owner and the city, in the case the city constructs said sewer, cannot agree upon the damages to be for such easement, three assessors to be appointed to assess the damages of said property by reason of or on account of the construction and maintenance of any such sewer through or upon the same said assessors to be appointed, notice given, and their awards made as in case of property taken for opening, straightening or widening streets under the charter and laws of said city. Upon the payment or tender of the amount of the award, the work may proceed notwithstanding the entry of an appeal. Use of private property. Section 43. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to prevent hogs, cattle, horses, goats, or other animals, from going at large in said city, and to take up and impound any horse, mule, cattle, hog, or other animal running at large in said city, and to pass and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said city running at large. Animals at large. Section 44. Be it further enacted by the authority aforesaid, That the city council of Collins shall, by ordinance, declare what shall be nuisances in said city, and provide for the abatement of the same, and that the police court of the

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city shall have concurrent jurisdiction with the city council to abate nuisances. Nuisances. Section 45. Be it further enacted by the authority aforesaid, That the city 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 city limits may be erected or covered, how thick the walls must be, and how chimneys, stovepipes and flues to be constructed, and generally to do all such things as are necessary to protect said city, so far as possible, from danger to fire, and to prevent the spread of fire from one building to another. They shall have power to order any change in construction or arrangement of chimneys, stovepipes 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 changes, which may be collected by execution. And if any person shall erect any building not in accordance with the laws and ordinances of said city, the city council shall order the same removed, and if its order is not complied with by the owner or occupant, then said city council shall have power to cause the same to be removed at the expense of the owner, the cost to be collected by execution issued by the clerk. The city council shall have power to elect a building inspector, and to delegate to him the powers granted to the city council under this section, or any or all of said powers. Fire districts. Fire protection. Building inspector. Section 46. Be it further enacted by the authority aforesaid, That said city council of Collins shall have power to grant franchises, easement, and rights of way over, in, under, and on the public streets, lanes, alleys, sidewalks, parks, and other property of said city, on such terms and conditions as said city council may fix. Franchises and easements. Section 47. Be it further enacted by the authority aforesaid,

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That the city council of Collins shall have full power and control over the streets, sidewalks, alleys, and parks of said city, and shall have full power and authority to condemn property for the purpose of opening, laying out, widening new streets, alleys, and parks, and to erect any public buildings necessary for the city, or any of its departments, and for widening, straightening, or otherwise changing the grades of streets and sidewalks and alleys of said city; and whenever the city council shall desire to exercise the power granted in this section, it may be done, whether the lands sought to be condemned is in the hands of the owner or a trustee, executor, administrator, agent, or guardian, in the manner in section 4657 and 4686 of volume 2 of the Code of 1895, and Act amendatory to remove, or cause to be removed, any buildings, steps, fences and gates, posts or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or other public places in said city, and to enforce the provisions of this section by appropriate legislation. Streets and sidewalks. Parks. Condemnation. Section 48. Be it further enacted by the authority aforesaid, That mayor and council shall have executive power and authority to grant franchise to person or persons or corporations for the purpose of erecting water systems, light system, and telephone system, and any other purpose for which the public streets of said city are used; provided, that no person or persons shall be given an exclusive franchise. Franchises. Section 49. Be it further enacted by the authority aforesaid, That all the elections held under the provisions of this charter, and all elections in which any subject if submitted to the qualified voters of the city of Collins, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders, all of whom reside in the city of Collins, and each of said managers, before entering upon his duties, shall take and subscribe before some

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competent officer, or before one of their number, the following oath: We, and each of us, do swear that we will faithfully and impartially conduct this election; 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 or council chamber in said city, and shall be by ballot. The polls shall open at seven o'clock A. M. and close at six o'clock P. M. Persons receiving the highest number of votes cast for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be chosen by the city council, who shall provide for the pay of managers and their clerks; provided, however, that if the managers as chosen fail to act, then the mayor, or mayor pro tem., shall appoint other managers. So far as possible, all the provisions of this charter on the subject of elections shall apply to primary elections held in said city. Elections. Managers. Oath. Place. Hours. Section 50. Be it further enacted by the authority aforesaid, That in case the managers of any election shall have reasonable doubt as to the qualifications of any voter, or should any vote be challenged, they shall administer to said voter the following oath: You do swear that you are a citizen of the State of Georgia; that you have attained the age of twenty-one years; that you have resided one year in this State, and for the last six months within the corporate limits of the city of Collins; so help you, God. Challenges. Oath. Section 51. Be it further enacted by the authority aforesaid, That any person voting illegally at any election herein provided for, or at any primary election held in said city, shall be guilty of a misdemeanor, and be punished as prescribed in section 1039 of the Code of Georgia, Code of 1895. Illegal voting misdemeanor. Section 52. Be it further enacted by the authority aforesaid, That said managers shall certify two lists of voters

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and two tally-sheets, and shall place one list of voters and one tally-sheet in the ballot box, together with the ballots, and seal same, and shall forthwith deliver the same to the Ordinary of Tattnall County, Georgia. The other tally-sheet and list of voters, together with the certificate showing the result of the election, signed by the 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 city council after the expiration of three days from said election deliver said package to said city council, who shall open the same and declare result. If any person desires to contest the result of any election held in said city, the general laws of the State governing municipal contests shall control. Voters lists and tally sheets. Contests. Section 53. Be it further enacted by the authority aforesaid, That the city clerk, or if the clerk of the city council shall be sick or absent, then the person appointed by the city council, shall open at the clerk's office, or at the council chamber, or at such other place as may be designated by the city council for that purpose, on the first Monday in October, in each year, a list for the registration of voters of said city, which list shall be kept open every day except Sunday during business hours, from that day until the tenth day before the regular election day, inclusive, when said list shall be finally closed; and it shall be the duty of the clerk, or other person in charge, upon application of any person entitled to vote, which application shall be made in person and not by proxy, to register the name of such person, with the street on which he lives, and his occupation; and such person, before subscribing his name, shall in each case subscribe before the clerk the following oath: You do swear (or affirm) that you are twenty-one years of age, or will be before the next city election; that you are a citizen of the United States; that you have resided in this State for twelve months last past, and in this city for the past six

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months, and that you have paid all legal taxes and assessments required of you by the authorities of said city; so help you, God. And the city clerk, or other person in charge, shall furnish the managers of said election with a copy of said list, and make out in alphabetical order, as soon as the polls are open, and failing to comply with any of the provisions of this Act, he shall be punished as the council may prescribe. Registration of votes. Section 54. Be it further enacted by the authority aforesaid, That said city council shall have authority to regulate or prohibit the sale of liquors and all intoxicating drinks within the limits of said city of Collins, and to fix a license therefor, and license fee to be fixed by the mayor. Intoxicants. Section 55. Be it further enacted by the authority aforesaid, That the said city council shall have power to require a license of persons giving theatrical, spectacular or like performances, circuses, shows, and all performances; the price of said license to be whatever the council may agree upon. The city council shall have the right to tax all peddlers who may sell goods in said city and fix the tax at whatever the council may agree upon, and to fix a retail and wholesale license tax or occupation tax on anyone doing business in said city, regardless of where the retailer, or wholesaler may reside or have his place of business from which he brings goods into the city of Collins to be sold by retail or wholesale. The city council of the city of Collins is hereby given full authority to pass any and all ordinances to carry out the provisions of this section. License and occupation taxes. Section 56. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Collins is hereby given the right of eminent domain to confiscate any property of any kind in the city of Collins and use the same for city purposes; provided, said city shall pay the fair market value for said property. Right of eminent domain.

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Section 57. Be it further enacted by the authority aforesaid, That all ordinances now existing in the city of Collins under its charter of 1905 are hereby preserved and continued of force under this charter. Previous ordinances preserved. Section 58. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 3, 1943. COLLINS CHARTERACTS REPEALED. No. 207. An Act to abolish the Charter of the City of Collins, in Tattnall County, Georgia, incorporating the City of Collins, on August 22, 1905, to be found in the Acts of Georgia Laws, 1905, from pages 740 to 757, both inclusive, and the four Acts of the General Assembly of Georgia amending said City Charter in the Acts of 1909 beginning on page 649 and ending on page 652; also, in the Acts of 1920 on page 866 and ending on page 867; also, the Acts of 1922 beginning on page 43 and ending on page 44; also, the Acts of 1924 beginning on page 516 and ending on page 517; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and that it is hereby enacted by authority of the same, That the Charter of the City of Collins in Tattnall County, Georgia, to be found in the Acts of 1905 from pages 740 to 757 inclusive, be, and the same is, hereby repealed. Act of 1905 repealed. Section 2. Be it further enacted by the authority aforesaid, That the Act of 1909 to be found beginning on page 649 and ending on page 652, amending the Charter of the City of Collins, be, and the same is, hereby repealed. Act of 1909 repealed.

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Section 3. Be it further enacted by the authority aforesaid, That, the Act of 1920 to be found beginning on page 866 and ending on page 867, amending the Charter of the City of Collins, be, and the same is, hereby repealed. Act of 1920 repealed. Section 4. Be it further enacted by the authority aforesaid, That, the Act of 1922 to be found beginning on page 43 and ending on page 44, providing for the establishment of a State Depository in Collins, be, and the same is, hereby repealed. Act of 1922 repealed. Section 5. Be it further enacted by the authority aforesaid, That, the Act of 1924 to be found on page 516 and ending on page 517, be, and the same is, hereby repealed. Act of 1924 repealed. 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 3, 1943. COLQUITT CHARTER AMENDMENTS. No. 241. An Act to amend an Act incorporating the City of Colquitt, in the County of Miller, State of Georgia, approved August 7, 1915 (Georgia Laws 1915, pages 534-567) and all amendatory Acts thereto, said Act relating to the creation of a new charter and municipal government for said corporation, etc., by providing for the salary of the Mayor, the term of office of the Mayor, and that the Mayor shall not succeed himself; to provide for a new Section for the purpose of appeal from the police court to the City Council; to provide for an additional Section for the purpose of requiring the Mayor to publish a financial statement every three months in the official county

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newspaper; to provide for the territorial limits of the City of Colquitt, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 9 of the Act approved August 7, 1915 (Georgia Laws 1915, pages 542-543) and all amendatory Acts thereto, providing the oath, powers, meeting, duties and salaries of the Mayor and Council of the City of Colquitt, be and the same is hereby stricken and repealed in its entirety and a new Section 9 inserted in lieu thereof and to read as follows: Act of 1915 amended. Sec. 9 stricken. Section 9. On the first day of January, if on Sunday the day following, after the election, or as soon thereafter as practicable, the person elected for mayor and councilmen shall appear at the city hall or council chamber and take and subscribe to the following oath before any judicial officer of the State which shall be spread upon the minutes of the city council: `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 Colquitt to the best of my skill and ability, without favor or affection, so help me God,' and shall forthwith enter upon the duties of his office. (a) The power of legislation and the appointment of all subordinate officers of said city shall be vested in the Mayor and council; they shall hold regular meetings at the city hall or council chamber or other place to be designated, at such times as may be determined by them. The Mayor and two councilmen shall constitute a quorum for the transaction of business; in the absence of the Mayor three councilmen shall constitute a quorum, but a less number may adjourn from time to time and compel the attendance of absentees, which power is hereby given them. (b) The mayor shall be chief executive of the city; he shall see that all laws, ordinances, resolutions

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and rules of the city, and the criminal laws of the State, are faithfully executed and enforced, and that the officers of the city shall faithfully discharge the duties required of them; he shall have a general jurisdiction of the affairs of the city; he shall preside at meetings of the mayor and council; he shall have the right to vote in elections for such officers of the city as shall be elected by the mayor and council, but he shall not have the right to vote on any other motion before said body except as provided by Section 23 of this Act or in case of a tie. He shall have the right to veto all ordinances, orders and resolutions passed by the mayor and council within three days after the passage of same, which veto shall be in writing, and shall plainly set forth the grounds of same and shall be filed with the city clerk; but notwithstanding such veto such ordinance, order or resolution may be passed by a vote of three-fourths majority, to be taken by ayes and nays, and upon the question overriding such veto the mayor shall not be entitled to vote; provided, such vote shall not be taken until four days after the filing with the clerk of such veto. (c) The mayor shall receive a salary of six hundred dollars per annum, payable monthly. Said salary shall be payable from January 1, 1943. At such times as there may be a city recorder as provided by Section 29 of this Act, the compensation of the mayor shall be one hundred and twenty dollars per annum, payable monthly. The mayor shall receive no other compensation by costs or otherwise. (d) The Clerk, treasurer and councilmen shall have an adequate salary to be fixed by annual ordinance, and no further compensation by costs or otherwise; provided, that the salary of the councilmen shall not exceed fifty dollars per annum, to be fixed by ordinance. New Sec. 9. Section 2. That Section 5 of the Act approved August 7, 1915 (Georgia Laws 1915, pages 538-539) and all amendatory Acts thereto, providing the term of office of

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the mayor and council, the method of election, vacancy, etc., be and the same is hereby amended by striking the word two in line six of Section 5 on page 538, and inserting in lieu thereof the word four, and by striking the words and figures January 1st, 1916 in line seven of Section 5 on page 538, and inserting in lieu thereof the words and figures January 1st, 1944, so that said section when amended will read as follows: Sec. 5, Act of 1915 amended. Section 5. The municipal government of the city of Colquitt and its corporate powers, shall be exercised by a mayor and four councilmen, to be elected from the city at large, and which body shall be known as the mayor and council. The mayor shall be elected for and serve for a term of four years, or until his successor is elected and qualified; and after January 1st, 1944, no mayor shall be elected to succeed himself. One councilman shall serve for a period of four years, from January 1, 1916; one councilman for three years from said date; one councilman for two years from said date, and one councilman for one year from said date. (a) The present mayor and councilmen of said city shall continue in said office with their present compensation, until January 1st, 1943, or until their successors are elected and qualified, and shall exercise all the powers and authorities conferred upon the mayor and council of the city of Colquitt by this Act; and all officers elected or appointed by the mayor and council of the old corporation of said city shall continue to hold their offices and discharge the duties thereof until their successors are elected and qualified, unless sooner suspended, removed or discharged by the mayor and council of said city, which right and power is hereby given them. (b) The first general election under this Act shall be held on the first Saturday in December, 1915, when the mayor and four councilmen shall be elected by a popular vote of the people and by ballot. (c) The Councilman

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receiving the largest number of votes shall be elected for a term of four years, from January 1, 1916, or until his successor is elected and qualified; the councilman receiving the next largest number of votes shall be elected for a term of three years, from January 1st, 1916, or until his successor is elected and qualified; the councilman receiving the next largest number of votes shall be elected for a term of two years from January 1st, 1916, or until his successor is elected and qualified; the councilmen receiving the next largest number of votes shall be elected for a term of one year, from January 1st, 1916, or until his successor is elected and qualified. Should there be a tie between two or more councilmen, the remaining councilmen and the mayor shall decide which of them shall serve the long term and which shall serve the short term. That on the first Saturday in December, 1916, and on each first Saturday in December, annually thereafter, one councilman shall be elected for a term of four years. (d) In case there is a vacancy in the offices mentioned herein by death, resignation, failure to elect, removal from office, removal from city or otherwise, a special election shall be ordered by mayor and council, giving thirty days' public notice, to fill such vacancy; provided, that if such vacancy shall occur within three months of the next regular election the mayor and council may, in their discretion, refuse to order such election, and await the regular election. Sec. 5 as amended. Section 3. That the act incorporating the city of Colquitt in the County of Miller, approved August 7, 1915 (Georgia Laws 1915, pages 534-567) and all amendatory acts thereto, are hereby further amended by adding a new Section to be known as Section 9-A, and to read as follows: Act of 1915 amended. Section 9-A. That on and after the passage of this Act, any person convicted in the police court of the City of Colquitt shall have the right to appeal to the city council. Sec. 9-A.

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Section 4. That the Act incorporating the city of Colquitt in the County of Miller, approved August 7, 1915 (Georgia Laws 1915, pages 534-567) and all amendatory Acts thereto, are hereby further amended by adding a new Section to be known as Section 10-A, and to read as follows: Section 10-A. That on and after the passage of this Act the mayor of the city of Colquitt shall have published in the official county newspaper once every three months a statement showing the income and expenditures of the said city of Colquitt. Sec. 10-A. Section 5. That Section 4 of the Act incorporating the city of Colquitt, approved August 7, 1915 (Georgia Laws 1915, pages 537-538) and all amendatory Acts thereto, providing for the territorial limits of the city of Colquitt, be stricken and repealed in its entirety and a new Section 4 inserted in lieu thereof, and to read as follows: Sec. 4 stricken. Section 4. The corporate limits of the said city of Colquitt be and the same are hereby fixed as follows: One thousand two hundred and fifty yards due north from the center of the county Court House square; thence a straight line east and west, and on the east to a point 150 yards east of the east side of the right of way of the G. F. and A. Railroad, on the south to the first fresh water drain, and on the west to the east side of Spring Creek and to the foot of the east end of the county bridge across said Spring Creek. New Sec. 4. Corporate limits defined. Section 6. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1943.

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COMMERCE CHARTER AMENDMENTS. No. 73. An Act to amend an Act, approved August 17, 1909, providing a new charter for the City of Commerce, in the County of Jackson, and Acts amendatory thereof, so as to change the time for closing the registration books of the City of Commerce before elections; to repeal section 45, creating a Board of City Registrars for the City of Commerce; 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, an Act approved August 17, 1909 providing a new charter for the Town of Commerce be, and the same is hereby amended by striking from said Act the entire sections 44 and 45 of said Act, and substituting in lieu thereof the following, to be known as section 44 of said Act, to-wit. Be it further enacted that it shall be the duty of the clerk of said city to open and keep open each and every day (Sundays and legal holidays excepted), during such hours as the Mayor and Council may prescribe, a book for the registration of the qualified voters of said city, except that said registration book shall be fairly and absolutely closed ten (10) days before any general election for Mayor and Council for said city. It shall be the duty of the clerk, upon application in person, and not by proxy, of any citizen of Georgia qualified voter for members of the General Assembly of Georgia, and who upon the day of election, if then a resident of said city, shall then have resided in the State of Georgia for twelve months, in the County of Jackson for six months and in the City of Commerce for six months prior thereto, to allow such person to register his or her name and color, recording on said book besides the applicant's name, his or

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her age, occupation or business, and the street and number thereon in said city on which he or she resides. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so and shall in every case before registering the applicant administer to him or her the following oath: You do solemnly swear that you are a citizen of the United States and of the State of Georgia; that you have resided in said State for twelve months, in this County for six months and in the City of Commerce for six months next preceding this registration, or that by the date of the next city election, if then a resident, you will have so resided, and that it is your intention to remain a resident until said day of election; that you are twenty-one years of age, or will be prior to the said day of election; that you have paid all poll taxes that you may have had an opportunity of paying agreeably to law, except taxes for this year, so help you God. 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 at each voting precinct with a complete list of the registered voters, in alphabetical order, certified under his official signature and seal of office, at or before the polls are opened. The managers shall keep said lists before them during the election and shall not permit any one to vote in said election whose name does not appear thereon, and when said election is over, it shall be the duty of said managers to return said lists to the clerk, to be by him safely kept and preserved. The registration for white and colored to be made out separately. Act of 1909 amended. Secs. 44 and 45 stricken. New Sec. 44. Registration of voters. Voters qualified. Voter's oath. List of voters. For any primary intermediate or special election in said city for any purpose, the clerk shall open the registration book at least forty days before the date fixed for such election and shall close the same ten days before the day of election, and prepare and furnish the registration book lists

Page 1388

as hereinbefore provided. Notice of the opening of the registration book for all special elections shall be given in such manner as the Mayor and Council shall prescribe, at least twenty days before the closing thereof. Special elections. Should the name of any person qualified to vote in any election, and who registered therefor with the clerk in due time and form, be accidentally omitted from the registration lists furnished the managers of said election, the clerk of said city may certify under his official signature and seal to such accidental omission to place his name on the lists, and that he is and was duly and legally registered in due time and form before the registration books were closed, and thereupon and by filing said certificate with the managers, such person shall be allowed to vote. Names accidentally omitted. 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 the election for which said registration is had, the Mayor and Council, or such board as they may authorize, shall examine, revise and purge said lists, as made up and returned to it by the clerk, of all illegally registered voters or persons disqualified from voting for any lawful reason, provided, that before removing any name therefrom, written notice shall be served on the person or persons deemed disqualified at least 24 hours before final action thereon by the Mayor and Council, that such person may show cause, if any, why such action should not be taken. Penalty for illegal voting. Purge of registration lists. Approved February 16, 1943.

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CUSSETA WATERWORKS AND SEWERAGE. No. 92. An Act to amend an Act entitled An Act to amend, revise, consolidate, and supersede the several acts incorporating the Town of Cusseta, in Chattahoochee County, State of Georgia, to reincorporate said town or corporation, to create a new charter and municipal government for said town; to declare and consolidate the rights and powers of said corporation, and for other purposes therein enumerated, which said Act sought to be amended was approved August 16, 1920, Acts 1920, pages 884 to 941 inclusive, so as to enlarge the powers and authority of the Mayor and Council of said Town of Cusseta, so that they shall be authorized and empowered to purchase, build, contract for, establish and maintain a system of water works, and a system of sewerage and drainage, to authorize the condemnation of property, both in and out of said town, in building and establishing a system of water works and a system of sewerage, and in laying water mains, sewerage, and drainage; and to authorize said authorities to acquire by purchase, gift, donation, or condemnation proceedings all necessary lands, easements, water supplies, franchises, materials and equipment. 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 Mayor and Council of the Town of Cusseta, in Chattahoochee County, State of Georgia, in addition to the powers and authority already granted under the present charter of said town, shall have full powr and authority to build, construct, equip, contract for, establish and maintain a system of water works, and a system of sewerage for said Town of Cusseta, and to that end shall have full

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power and authority to acquire by purchase, gift, donation or condemnation proceedings all necessary lands, easements, water supplies, franchises, materials and equipment. Additional powers. Waterworks and sewerage systems. Section 2. Be it further enacted by the authority aforesaid, that in the event said Town of Cusseta cannot procure by purchase or gift the necessary lands, rights of way of water ways, for the construction of the systems of water works and sewerage, then the Mayor and Council of said Town shall have the right to exercise the power of eminent domain and to condemn such lands, easements, rights of way for water ways, and sewerage lines, and franchises, both in and out of said Town of Cusseta, in the manner and form as now or may hereafter be, prescribed and provided for by law. Eminent domain. Section 3. Be it further enacted by the authority aforesaid, that said Mayor and Council of said Town of Cusseta, shall have full power and authority to acquire by gift, donation, purchase or condemnation in the manner aforesaid, all lands, easements and franchises, necessary for water basin and water shed, from which the public water supply may be obtained, whether located in or out of said Town of Cusseta. Power to acquire lands, etc. Section 4. Be it further enacted by the authority aforesaid, that the Mayor and Council of said Town of Cusseta shall have the right of laying the necessary mains, pipes, conduits, and drains for water works and sewer purposes, said rights to apply to the public highways of the County of Chattahoochee, and over and across and under the land of persons and corporations upon payment of just compensation that may be agreed upon or assessed as now, or as may hereafter be, provided by law. Mains, pipes, conduits, drains. Section 5. Be it enacted by the authority aforesaid, that

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all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 16, 1943. DARIEN SALE OF ABANDONED STREET. No. 310. An Act authorizing the City of Darien to close a certain portion of a street within said City of Darien, abandon the same as a street, 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 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 irregular rectangle of land, shown on the map of said City as the southernmost portion of Northway Street, lying between the Southern Boundary of Broad or Bay Streets and the North Branch of the Altamaha River, the same being bounded on the North by the southern boundary of the intersection of Broad and Bay Street, they being a continuation of each other and forming one street, but bearing different names East and West of Northway Street; on the East by Block No. 1, South by the North Branch of the Altamaha River and West by lot No. 1, all as shown by the map of the plan of said City of Darien. That said portion of said Street hereby closed and abandoned as a Street be sold by said City of Darien within twelve months after the passage of this Act, either at public or private sale; and the mayor and Clerk of council are hereby empowered to divest title out of said City and convey same to purchaser. Land described. Closed and abandoned. Sale. Section 2. Be it further enacted by the authority aforesaid

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that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 12, 1943. DANIELSVILLE USE OF STREETS REGULATED. No. 140. An Act to amend an Act, approved August 16, 1913, (Georgia Laws, 1913, pp. 770-782, inclusive), entitled An Act to incorporate the city of Danielsville; to define its limits; to provide for its government; to define its rights and liabilities, and for other purposes, so as to confer on the Mayor and City Council the power and authority to regulate the use of its streets for business purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. The Mayor and City Council shall have full power and authority to regulate the use of the streets of the City of Danielsville for business purposes and no person, firm or corporation shall have the right to use the streets of said City of Danielsville for business purposes without first having obtained the consent and license of the Mayor and City Council of the City of Danielsville, provided, that such consent and license shall not be required of farmers using the streets of the City of Danielsville in selling and disposing of agricultural, grove, orchard, poultry, dairy, and other products grown, raised, and produced by them on farms operated by them. Business licenses required. Farmers exempted. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1943.

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DAVISBORO CLERK AND TREASURER CONSOLIDATED. No. 197. An Act to amend an Act approved August 21, 1916, granting to the City of Davisboro, in Washington County, State of Georgia; to prescribe its powers and duties; to repeal the Act theretofore passed creating a Charter for said town, by adding thereto a new section, known as Section 52, giving consolidating offices of Treasurer and City Clerk into one office. 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 that the office of Treasurer in the City of Davisboro, in Washington County, Georgia, and the office of the Clerk of the City of Davisboro, in the County of Washington are consolidated and made into one and that the duties set forth in Section 13, of said Act as the duties of the Treasurer and the duties set forth in Section 19, of said Act as the duties of the Clerk shall be consolidated into one office, and performed by the Treasurer of the City of Davisboro, in the County of Washington. Duties performed by treasurer. Section 2. Be it further enacted that all laws or parts of laws in conflict herewith are hereby repealed. Approved March 2, 1943.

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DOUGLAS REGISTRATION OF VOTERS. No. 218. An Act to amend an Act approved August 19, 1922, amending an Act approved December 30, 1899, entitled An Act to create a new charter for the City of Douglas in the County of Coffee, and to consolidate and to declare the rights and powers of said corporation, and for other purposes. By striking from said Act approved August 19, 1922, Acts of 1922, pages 791-795 inclusive all of Section 13, and adding in lieu thereof a new Section 13, and providing how the new Section shall read, and by providing for a voters list to be made from a permanent Registration Book, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That the Act approved August 19, 1922, amended an Act approved December 30, 1899, entitled An Act to create a new Charter for the City of Douglas in the County of Coffee and to consolidate and to declare the rights and powers of said corporation, and for other purposes, be and the same is hereby amended by striking from said Act, approved August 19, 1922, Acts of 1922, pages 791-795 inclusive, all of Section 13, and adding in lieu thereof a new Section 13 to read as follows: Act of 1922 amended. Sec. 13 stricken. Section 13. The Board of Commissioners for the City of Douglas shall procure and open a book for the permanent registration of voters for said City and on each page of said book there shall appear the following oath, to-wit: I do solemnly swear, or affirm, that I am duly qualified to vote for the members of the General Assembly of the State of Georgia and of Coffee County, Georgia; that I am 21 years of age or will be prior to the second Tuesday in December of this calendar year; that

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I have resided within the corporate limits of the City of Douglas, or will have so resided, for three months prior to the third Saturday in June of the calendar year, So Help Me God. Said Registration Book shall be opened by the Clerk of the Board of Commissioners on the first day of April, 1943, and remain open continuously available for registration at all times when said clerk's office is open and transacting its general business. Each person desiring to register must sign said registration book in person and in the presence of said clerk. No person shall be permitted to vote in any subsequent election who has not registered his name on the New Registration Book known as Registration Book of April 1, 1943. Each person or registrant shall be disqualified to vote in any election, general or special, who has not been registered on said book for 15 days prior to the day of said election; and provided further that no person except the Clerk of the Board of Commissioners for the City of Douglas, shall be authorized to open and keep said Registration Book except in the absence of or in the case of disability of said Clerk, the Chairman of the Board of Commissioners may designate someone to act for said clerk during his absence or disability. When any person's name shall have been placed on said permanent registration lists, it shall not be necessary for such person to register again in order to be entitled to vote at any city election; said book shall be kept with all names thereon as a permanent register. New Sec. 13. Registration book. Oath. When opened. Permanent registration. Section 2. That the Board of Registrars shall make up from said permanent Registration Book a list of all qualified voters, same to be made up at least ten days before any city election. In canvassing the permanent registration list, if any person whose name appears thereon shall have been disqualified, his or her name shall remain on the permanent Registration Book, but shall be left off of the voters list.

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Before striking any name from the voters list such person shall be served five days with a written notice to show cause why his or her name should not be left off of voters list. Mailing of such notice to the address of the voter, as shown on the permanent Registration Book shall be sufficient notice. List of voters. Section 3. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 3, 1943. DOUGLAS ZONING. No. 219. An Act to amend the Charter of the City of Douglas and the several Acts amendatory thereof authorizing the Board of Commissioners or other governing authorities to pass rules, regulations, and ordinances, whereby the City of Douglas may be zoned or districted for various uses, and to regulate the use or uses for which such zones or districts may be set apart and to regulatae the development and improvement of real estate 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 City of Douglas, Georgia, through its Board of Commissioners or other governing authorities is authorized to promulgate rules, regulations, and ordinances whereby the said City of Douglas, Georgia, may be zoned and districted for various uses, and other or different uses prohibited therein; and to regulate the use or uses for which such zones or districts may be set apart, and to promulgate rules, regulations, and ordinances for the development of real estate. Zones and districts. Rules and regulations. Section 2. The authority hereby given to the City of

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Douglas, Georgia, acting through its Board of Commissioners or other governing authorities thereof to pass zoning and planning laws is that provided in Article 3, Section 7, Paragraph 26, of the Constitution of Georgia. Constitutional authority. 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 3, 1943. DUBLIN CHARTER AMENDMENTS. No. 340. An Act to amend the Act creating a new charter for the City of Dublin, reincorporating said city, defining its territorial limits; providing for its organization, powers, form and style of government; providing for its municipal officers, their manner of election, powers and duties; and for other purposes; approved March 31, 1937 (Georgia Laws 1937, pages 1771-1818) by amending Section 9 of Article II, so as to provide the Mayor of said city with power to suspend any officer or employee for cause, to provide for a hearing on such action by the Board of Aldermen of said city, to provide said Board of Aldermen with power to reinstate or further suspend, discharge or remove such officer or employee; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the Act creating a new charter for the city of Dublin, reincorporating said City, defining its territorial limits; providing for its organization, powers, form and style of government; providing for its municipal officers, their manner of election, powers and duties; and for other purposes; approved March 31, 1937 (Georgia Laws 1937,

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Pages 1771-1818) be, and the same is hereby amended by adding the following provisions to Section 9 of Article II (Page 1792 Georgia Laws 1937): Act of 1937 amended. The Mayor shall have further authority to suspend any officer, official or employee of the City of Dublin, elected or employed by the Mayor and Board of Aldermen, for neglect of duty, malpractice in office, conduct unbecoming his station, or other cause; and shall report such action in writing to the next regular meeting of the Mayor and Board of Aldermen, giving his reasons therefor or the charges against such person; and during such period of suspension said person shall be relieved of his duties and shall not be entitled to compensation. The Mayor shall also give such person a written notice of his suspension and the reasons therefor, of the charges against him, and shall notify him to appear at the next regular meeting of the Mayor and Board of Aldermen. At its first regular meeting after such suspension the Board of Aldermen shall consider the action of the Mayor in suspending any such officer, official or employee; the reasons therefor and the charges against such person, and may by an affirmative vote of four (4) aldermen, with approval of the Mayor, further suspend, disharge or remove such person from office or position of employment; otherwise such person shall be reinstated, and the Board of Aldermen by majority vote may restore the compensation of such person lost during the period of suspension. No such person shall be suspended more than once for the same offense. Suspension of officials and employees. Notice. Action of aldermen thereon. Any such officer, official or employee suspended as hereinbefore provided shall have due notice of the hearing or trial and due opportunity to defend himself of the charges made, and for cause shown may have a continuance

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of the hearing or trial within the discretion of the Board of Aldermen by a majority vote. Trial. So that said Section 9, of Article II, of said Charter of the City of Dublin, as amended, will read as follows: Section 9. Mayor's Duties, Powers. Be it further enacted, that the Mayor shall preside at meetings of the board of aldermen; he shall not be allowed to vote except in the following instances: (1) In cases of tie vote by the aldermen on any question or measure; (2) Said mayor shall have the veto power and may vote any ordinances, orders or resolutions of the city aldermen; in which events the same shall not become a law or enforceable unless subsequently passed over his veto by a vote of at least five aldermen on a yea and nay vote duly recorded on the minutes; Provided that unless the mayor shall file in writing with the city clerk his veto of any measure passed by the aldermen, together with his reasons for disapproval, within three days after its passage, said measure shall become law as though approved by him. The mayor may approve in writing any measure passed by the board of aldermen, and it shall go into effect immediately. Art II, Sec. 9 as amended to read. Mayor's duties and powers. The Mayor shall have further authority to suspend any officer, official or employee of the City of Dublin, elected or employed by the Mayor and Board of Aldermen, for neglect of duty, malpractice in office, conduct unbecoming his station, or other cause; and shall report such action in writing to the next regular meeting of the Mayor and Board of Aldermen, giving his reasons therefor or the charges against such person; and during such period of suspension said person shall be relieved of his duties and shall not be entitled to compensation. The Mayor shall also give such person a written notice of his suspension and the reasons therefor, or the charges

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against him, and shall notify him to appear at the next regular meeting of the Mayor and Board of Aldermen. Added portion. Suspensions. At its first regular meeting after such suspension the Board of Aldermen shall consider the action of the Mayor in suspending any such officer, official or employee; the reasons therefor and the charges against such person, and may by an affirmative vote of four (4) aldermen, with approval of the Mayor, further suspend, discharge or remove such person from office or position of employment; otherwise such person shall be reinstated, and the Board of Aldermen by majority vote may restore the compensation of such person lost during the period of suspension. No such person shall be suspended more than once for the same offense. Any such officer, official or employee suspended as hereinbefore provided shall have due notice of the hearing or trial and due opportunity to defend himself of the charges made, and for cause shown may have a continuance of the hearing or trial within the discretion of the Board of Aldermen by a majority vote. Hearing. Trial. 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 16, 1943. EAST POINT CHARTER AMENDMENTSREFERENDUM. No. 360. An Act to amend an Act entitled An Act to create a new charter for the City of East Point approved August, 1912, and the several Acts amendatory thereof; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that: Section 1. The office of Deputy Marshal of the City of East Point is hereby created. The term of Deputy Marshal shall be one year, and until a successor is appointed and qualified. The Deputy Marshal of said City shall be appointed by the City Council of East Point at the re-organization meeting in each year; provided, that such Deputy Marshal first appointed under this Act may be appointed at any regular meeting of the said City Council of East Point to serve as such Deputy Marshal until the reorganization of the City Council of East Point in 1944. Vacancies in the office of Deputy Marshal shall be filled by appointment by the City Council of East Point for the unexpired term of the Deputy Marshal vacating such office, whether by death, resignation, abandonment, disability, or otherwise. Before entering on the discharge of the duties of Deputy Marshal, the person appointed to such office shall take and subscribe such oath as may be prescribed by the City Council of East Point. The compensation of the Deputy Marshal shall be fixed by the City Council of East Point, and the duties of Deputy Marshal shall be such as shall be delegated to him by the City Marshal, and such other duties as may be imposed upon him by the City Council of East Point. Deputy Marshal. appointment. Vacancies. Oath. Compensation. Duties. Section 2. The Recorder's Court of the City of East Point, and the Judge thereof, shall have jurisdiction, power, and authority to forfeit bonds and render judgment against the principal and the sureties on such bonds, regardless of amount, in the same manner, and in accordance with the same practice and procedure as the Superior Courts of this State, and upon rendition of a judgment, and in case of a bond forfeiture, it shall be the duty of the City Clerk of the City of East Point to issue an execution in the same

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manner and form as in the case of an execution against a surety on a bond forfeited in the Superior Courts of this State; and the said judgments of said Recorder, and such executions in such cases shall be enforceable in the same manner, and shall have like force and effect as such judgments and executions in the Superior Courts of this State. The remedies herein set forth shall not be exclusive, but shall be cumulative of others, and in aid of existing remedies available in said Court. Recorder's Court. Jurisdiction and powers. Bond forfeitures. Judgments. Remedies cumulative. Section 3. All executions issued by the City Clerk of the City of East Point shall be made returnable to the next regular meeting of the City Council of East Point after the expiration of 30 days from the date of such execution. Executions. Section 4. The salary of the Mayor of East Point shall be fixed by the City Council of East Point at the reorganization meeting in January in each year, and shall not be subject to change during the year for which it is fixed. Mayor's salary. Section 5. Appeal from the Recorder's Court of the City of East Point to the City Council of East Point shall be in writing in substantially the same form as an appeal from the Justice Court to the Superior Court, which appeal shall be filed with the Recorder of the City of East Point within four (4) days from the date of the judgment appealed from; provided, that in the absence of the Recorder such appeal may be filed by delivering the same to the City Clerk of the City of East Point within four (4) days from the date of the judgment appealed from. Appeals from recorder's court. Section 6. Voting by absentee ballot in City of East Point elections may be provided for by ordinance; provided no such ballot shall be counted or allowed except it be secret under such ordinance. Absentee voting. Section 7. Appeals from the Zoning and Planning Commission of the City of East Point shall be in writing, filed

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within four (4) days, with the Chairman of the said Zoning and Planning Commission, whose duty it shall be to return such appeal to the City Council of East Point by delivery of the original of the same to the City Clerk within four (4) days after the same is filed with such Chairman. Such appeals shall, in all cases, set out in writing the reasons for appeal, which reasons shall be set forth in as clear and distinct manner as is reasonably possible, but no appeal shall be dismissed by the City Council of East Point for indefiniteness unless the appellant shall have refused, after having been given an opportunity by the City Council of East Point, to clarify and make more definite the appeal adjudged by the City Council of East Point to be too indefinite. Appeals from Zoning Commission. Section 8. The office of Sinking Fund Commission of the City of East Point is hereby abolished. Office abolished. Section 9. For the offense of maintaining a continuing nuisance, the punishment in the Recorder's Court of said City of East Point may be increased for each day such nuisance continues, and each new day it continues may be treated as a new offense, such increase to be in the discretion of the Recorder, but not to exceed Five Hundred Dollars. Continuing nuisances. Section 10. Letters, writings, communications, and discussions of claims or settlement of claims against the City of East Point shall never be admissible as evidence in any cases because the government of the City of East Point is vested in the City Council of East Point, and no case could be settled without its consent, and this may necessitate discussion embracing statements, recommendations, and writings that should be treated as confidential and inadmissible in the trial of any case against the City of East Point. Confidential communications inadmissible in evidence. Section 11. The Chief of the Fire Department of the City of East Point shall be known as the Fire Marshal, and as such shall have authority to enter any building, structure,

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or place he shall determine should be inspected for fire hazards; and any place, structure, building, fence, thing, or condition determined, after reasonable notice and a hearing, to be a fire hazard by such Fire Marshal, shall be subject to abatement of such Fire Marshal. Fire Marshal. Section 12. The Building Official of the City of East Point shall have the power and authority to enter the premises of any person, firm or corporation in the City of East Point for the purpose of inspection of any building, structure, fence, house, place or condition, and, after reasonable notice and hearing, may abate or remedy any condition found to be hazardous not on account of the likelihood of fire or sanitation. Building official. Section 13. The cost or expense of any act or undertaking required of any person, firm, or corporation by the City of East Point shall be paid by such person, firm or corporation on demand; and on failure of such person, firm or corporation to pay such cost or expense on demand execution shall be issued therefor by the City Clerk, which execution shall have the same force and effect as an execution issued by a Clerk of the Superior Courts of this State upon a judgment at common law in the Superior Courts of this State, but the defendant in fi fa may assert any defense against such execution by counter affidavit, which shall be returned to the Superior Court of Fulton County as claims are returned to the Superior Court from a Justice Court. Execution for cost in certain cases. Section 14. The costs in the Recorder's Court of the City of East Point shall be Two Dollars in each case in said Court. Costs. Section 15. No one holding office as Mayor or Alderman of the City of East Point shall be eligible or qualified to run for or seek any office the term of which commences before the expiration of the term for which such candidate shall have been elected; provided, this disqualification may

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be removed by the resignation of such candidate from the office he already holds. Disqualifications for office. How removed. Section 16. A vacancy in the office of Alderman of the City of East Point shall be filled by appointment of the City Council of East Point until an election can be held. Vacancies. Section 17. Officers and employees of the City of East Point separated from their connection to the City of East Point by induction into the military service of the United States shall, upon their honorable discharge from such service, be reinstated to his or her position, office or job if this be feasible, and if not feasible, then to such position as may be available, as soon as it is available, which such person is qualified to fill. Military service. Section 18. Before any section of this Act shall become operative, the same shall be separately submitted to the qualified voters of the City of East Point at an election to be called by the City Council of East Point for such purpose, and if a majority of those voting at said election approve of any one or more sections of this amendment, then only each such section thus approved separately shall become effective upon a declaration of the results of such election by the City Council of East Point. At said election those favoring section one of this Act shall have written or printed on their ballot the words, For Section One of Charter Amendment, and those opposed to section one of this Act shall have written or printed on their ballot the words, Against Section One of Charter Amendment. In like manner, each section shall be separately submitted to the qualified voters of said City for their approval or disapproval in the same manner as section one; and those voting shall indicate their wishes in the same manner using ballots having thereon the same words as is used in voting on section one except that the section numbers shall be numbers corresponding with the respective sections of this

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Act being voted upon so as to enable the voters to cast an intelligent ballot and not result in confusion. Said election shall be held in the same manner that elections for Mayor and Aldermen are held, and the managers of said election shall make their returns to the City Council of East Point, which shall receive the same and declare the results thereof, which shall be entered on the minutes of the City Council of East Point. The City Council of East Point is hereby authorized to fix the date of said election at any time within twelve months of the passage and approval of this Act by the Legislature and the Governor, respectively, of this State, and to give such notice of the time and place of said election as, in the discretion of the City Council of East Point, may be proper. Referendum election. Ballots. Date. Section 19. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1943. EATONTON CHARTER AMENDMENTS. No. 198. An Act to amend the Act approved August 5th, 1908, creating and establishing a new charter for the City of Eatonton, by changing the method of electing a city clerk and by prescribing his powers, duties, compensation and tenure of office; to provide for written demand for copy of accusation in cases in the police court; to prescribe the procedure to be followed in contesting liability on tax executions, assessments for paving and other public improvements, bond forfeitures and other executions; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia:

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Section 1. That the Act approved August 5th, 1908, establishing a new charter for the City of Eatonton, and all acts amendatory thereof, be and the same is hereby amended by striking and repealing section 8 of said Act, as heretofore amended, relating to the election of a city clerk, and inserting in lieu of said section 8 a new section, to be known as Section 8, which shall read as follows: Act of 1908 amended. Sec 8 strciken. Section 8. There shall be a clerk for the City of Eatonton, appointed annually by the Mayor and Council on the first Wednesday in September, or later in their discretion. He shall be a qualified voter in the City of Eatonton, and shall hold office until his successor is elected and qualified, subject at all times to removal or suspension for cause by the Mayor and Council, as in the case of other officers of the said City. In the event of vacancy from any cause, the said Mayor and Council shall fill such vacancy, at a regular or special meeting, without undue delay. The Mayor and Council shall have power to fix, increase or diminish the salary of the Clerk, which shall not exceed the sum of $1,800 per annum, or $150 per month. He shall give bond, signed by some company licensed in Georgia, in the sum of $3,000, conditioned for the faithful performance of his duties, as clerk, exofficio tax collector and treasurer, as well as any other duties required of him by said Mayor and Council. The cost of such bond shall be paid from the City Treasury. The said clerk shall deposit all funds of the City in such bank as shall be designated by the Mayor and Council, and he shall not be liable for loss of such deposit by bank failure; he shall keep all books, records and minutes of the said City, and the police court; shall attend all meetings of council, unless providentially prevented, and all sessions of the police court; shall have custody of the corporate seal, and affix the same whenever by law the seal of the city is needed; shall sign and issue all summonses,

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subpoenas, executions, and other process (bearing test in the name of the Mayor) which may be issued under authority of the Council, the Mayor or the police court; of as provided by this charter; and he shall enter upon the duties of his office after he shall have given bond and taken the oath required of all city officers. Nothing in this Section shall be construed to shorten the terms of the persons holding office as clerk and as treasurer, who shall continue in office for the terms for which they were elected and qualified. New Sec. 8. City clerk. Salary. Bond. Duties. Section 2. That Section 18 of said Act be and it is hereby amended by adding at the end of said Section a sub-section as follows: Sec. 18 amended. (16) Provided, that no person charged with violation of any city ordinance shall have the right to demand a copy in writing of the accusation against him, unless he shall file with the Clerk his written demand therefor before the opening of the session of the court at which he is to be tried. Proviso added. Section 3. That section 28 of said Act, as heretofore amended, relating to the taxing powers of said City and matters connected therewith, be and the same is hereby amended by adding at the end of said section a sub-section as follows: Sec. 28 amended. (5) The laws of the State as to claims and illegalities under State and county tax executions shall apply to any and all executions issued by any officer of said City under authority of its charter. Sub-sec. (5) added. Section 4. That all laws or parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1943.

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GIBSON CHARTER ACTS CONSOLIDATED. No. 215. An Act to amend, consolidate and supersede the Act incorporating the Town of Gibson, (Georgia Laws 1913, pages 821 to 859, approved Aug. 20, 1913), in the County of Glascock; to reincorporate said town and change name from Town of Gibson to City of Gibson; to provide for all powers and authorities incident to municipal corporations; to continue in operation; confirming and consolidating all Acts heretofore passed incorporating said town and amending charter thereof; to provide for all ordinances, rules, regulations and resolutions of said town, now in force and not in conflict with this Act to be preserved, continue of force and remain valid; to declare and constitute the rights and powers of said town; to provide for a mayor and two councilmen; to provide the rights, powers, salaries, duties, election, appointment and qualification of all officers and the manner of their election or appointment; to provide for filling vacancies; to provide for the retention in office of the present officers until their terms expire; to provide that any citizen may maintain an action in any court of law or equity, in his name, for the use and benefit of said city, against any person, firm or corporation for the purpose of opening and keeping open any alley, lane, road or street of said city in cases where the City Council of Gibson fails, neglects or refuses to take such action, after having been so requested by any citizen; and for 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 corporate existence and identity, territorial limits and jurisdiction of the Town of Gibson, in the County of Glascock, and State of Georgia, with all

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the corporate rights, powers and privileges conferred, and all duties, obligations and liabilities imposed by law, are hereby preserved unto said town, except as altered or changed or amended by this Act; all resolutions and ordinances thereof now in force not in conflict herewith shall remain unchanged, subject, however, to be hereafter amended or repealed by the duly constituted authorities of said town. All property and property rights now held, owned or possessed by said town, and all pending suits or claims by or against said town are preserved and unaltered. Corporate existence. rights, powers, etc., presedved. Section 2. Be it further enacted by the authority aforesaid, that the municipal government of said town shall be vested in a mayor and two councilmen to be elected as hereinafter provided and such other officers as the mayor and councilmen may consider right and proper to elect or appoint as provided by the Acts incorporating said city. That said mayor and councilmen shall constitute the legislative department of said city and as such shall have full power and authority, from time to time, to make and establish such rules, laws and ordinances, regulations and orders as may to them seem right and proper respecting, streets, side-walks, alleys, lanes, parks, open courts, railroads, automobiles, bicycles, carriages, drays, hacks, cabs, wagons, livery and sales stables, hitching places, butcher and slaughter pens, markets, public houses, hotels, public boarding houses, sleeping apartments, restaurants, opera houses, theaters, picture shows, dance halls, and other places of amusements. This enumeration of powers shall not be construed as restrictive to said powers alone, but shall include all and every other thing and act necessary or incident to municipal government and shall not conflict with any special power or authority given said city government by this Act, or any Act or Acts heretofore passed, but shall be construed as in addition to and in aid of such powers. Municipal government. Power of Mayor and council. Enumeration not restrictive. Section 3. Be it further enacted by the authority aforesaid,

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that the mayor and two councilmen of City of Gibson shall collectively be known as the City Council of Gibson, and said town shall no longer be known as the Town of Gibson, but the name of City Council of Gibson, shall have perpetual succession. Corporate name. Section 4. Be it further enacted by the authority aforesaid, that on the first Saturday in December, 1943, and every two years thereafter on the same day, an election shall be held in the council chamber or in any other place designated by the City Council from time to time, in said city, and election shall be held for mayor and two councilmen, who shall hold their offices for two years each and until their successors are elected and qualified. Provided, however, that the present incumbents shall hold office until the expiration of the term of office for which they were elected. The mayor and one councilman shall constitute a quorum, or in the absence of the mayor, two councilmen shall constitute a quorum. In the event of a vacancy occurring in the office of mayor or of any member of the council, from any cause, then and in that event a quorum of the City Council of Gibson, in regular or special session may fill said vacancy by electing some person to serve the unexpired term, or the said City Council, may in their discretion order a special election to fill such vacancy, and said election shall be held within twenty days from the date of the order of the council, during which time not less than ten days notice of said election shall be published by posting notices of same at the place of holding of said election shall be published by posting notices of same at the place of holding said election and one other public place in the said City of Gibson, said special election shall be held under the same rules and regulations as regular elections in said city. Biennial elections for mayor and council. Quorum. Vacancy. Special election. Section 5. Be it further enacted by the authority aforesaid, that the term of office of mayor and councilmen shall begin on the first Monday in January, following his or their

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election, except in the event of the election or appointment of any one or more of said officers to fill a vacancy, in which event the officer elected or appointed to fill a vacancy shall qualify within two days after the declaration of the results of said election or appointment, and shall fill the unexpired term of the officer whose term he fills. Terms of office. Section 6. Be it further enacted by the authority aforesaid, that the annual salary of the mayor of said city shall be one hundred dollars, and the annual salary of each member of the City Council shall be twenty-five dollars, payable out of the funds of said city, at the end of each year. Salaries. Section 7. Be it further enacted by the authority aforesaid, that the City Council of Gibson, may in their discretion elect one of their number as mayor pro tem. Mayor pro tem. Section 8. Be it further enacted by the authority aforesaid, that the City Council of said city shall have full power and authority to pave, open, re-open or otherwise permanently improve any or all of the streets, roads, sidewalks, alleys, lanes of said city, that are now open or may hereafter be open out or constructed. In the event said City Council of Gibson shall fail, neglect or refuse to open or reopen any street, road, alley or lane of said city, after having been so requested by any citizen of said city, any citizen of said city, after waiting for at least thirty days after his request upon the City Council of Gibson, may commence any action in law or equity, in his name, for the use and benefit of said city, against any person, firm or corporation for the purpose of opening and keeping open, any alley, road, street, or lane of said city, and the cost of the same shall be paid by said city, except attorney fees, provided the cost is not recovered from the party or parties that the proceeding is brought against. This remedy is merely cumulative and legal proceeding for said purposes may be maintained

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under the statutes of said city and the laws of Georgia in such cases made and provided. Opening, paving and improving streets, etc. Section 9. Be it further enacted by the authority aforesaid, that the authority to carry out and effectuate by ordinance each and every power and right granted to the City of Gibson in this Act, is hereby expressly conferred on the mayor and city council of said city; and said mayor and city council shall have generally the power and authority to make and pass such rules, laws, by-laws and ordinances as shall appear to them needful or requisite for preserving or promoting the peace, dignity, health, good order and welfare of said city and its inhabitants. Ordinances. Section 10. Be it further enacted by the authority aforesaid, that if any section, sub-section, sentence, clause or phrase of this Act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Act, for that it is hereby declared to be the intention of the General Assembly of Georgia to adopt each and every section, sentence, clause or phrase without reference to the constitutionality of any other portion of this Act. Invalid parts. Section 11. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act are hereby repealed and this Act and charter shall become effective immediately upon its passage and approval of the Governor, except the city officers already in office shall hold their offices for the remainder of their present terms. Approved March 3, 1943.

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HAPEVILLE CHARTER AMENDMENTS. No. 247. An Act to amend an Act to incorporate the City of Hapeville, Georgia, approved September 16, 1891, and several Acts of subsequent years amendatory thereof, so that the Mayor and Council of the City of Hapeville shall have power and authority to pass an ordinance or ordinances providing for zoning regulations in the interest of public health, safety, order, convenience, comfort, prosperity or general welfare. Also to pass an ordinance or ordinances to provide for absentee voters to cast their votes by mail or otherwise, in their absence, in any and all elections held by the City of Hapeville, for the election of Mayor, aldermen, councilmen and other elective officers, and to pass all necessary rules and regulations providing for the casting of ballots by absentee voters in any election held by and under the authority of the City of Hapeville; also to pass all necessary ordinances regulating the time of closing the entries for all candidates for Mayor aldermen, councilmen or other elective officers of said city, and to pass ordinances fixing the time for registration lists for any election held in said city and by its authority. Section 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 Council of the City of Hapeville, 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 of Hapeville 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 articles used in connection with buildings or other structures, or for the purpose

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of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The City of Hapeville may be divided into such number of zones or districts, and such districts may be of such shape and area as Mayor and Council of the City of Hapeville shall deem best suited to accomplish the purpose of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or connection 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 said 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, convenience, 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 the findings 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 Fulton County. Plans for districts or zones. Regulations. Basis. Commission. Appeals board. Certiorari. Section 2. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Hapeville shall have from the date of the passage and approval of this Act, power and authority to provide by ordinance or resolution for the casting of ballots by absentee voters in any election held in the City of Hapeville, by its authority, and said Mayor and Council shall have power and authority to pass such ordinances as will give absentee voters the right

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to cast their ballots either by mail or otherwise, as provided by the ordinances of the City of Hapeville. Absentee voting. Section 3. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Hapeville shall have power and authority by ordinance or resolution to provide or change the dates of entries for any and all candidates for mayor, aldermen, councilmen or other elective officers of said city, and to fix or change the time of closing the registration lists for any election held in said city or by its authority. Entry dates for candidates. Section 4. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act and amendment, be, and the same are hereby repealed. Approved March 4, 1943. HARLEM ZONING AND PLANNING LAWS. No. 72. An Act to amend an Act entitled An Act to create and establish a new charter for the Town of Harlem in the County of Columbia; to declare the rights, powers, and privileges of said corporation; and for other purposes, approved August 16, 1913 (Georgia Laws of 1913, pages 869 thru 890, inclusive), and all laws amendatory thereof, by adding a new Section to said charter authorizing and empowering the governing authorities of the Town of Harlem in Columbia County, in addition to all other powers heretofore granted, to pass zoning and planning laws for said Town, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia approved August 16, 1913, incorporating the Town of Harlem in Columbia County, Georgia, and all other Acts

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of the General Assembly of Georgia amendatory of the Act approved August 16, 1913, be and the same are hereby amended by adding to said charter as amended to date, a new Section as follows: Act of 1913 amended. The Mayor and Council of the Town of Harlem, or such governing authority or authorities thereof as may be hereafter constituted, are hereby given power and authority to pass and enforce zoning and planning laws with respect to said Town and shall have power to regulate the use for which such zones or districts as may be set apart, fixed and established, shall be used and enjoyed by the owners of property therein, and the manner in which real estate in such zones or districts may be improved or developed, and to enact such ordinances, rules and regulations with respect thereto as the general welfare, public health or public safety shall require or demand. This enactment made by virtue of the right conferred by constitutional amendment ratified June 8, 1937. New section. Zoning and planning. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 16, 1943. GAINESVILLE RETIREMENT BENEFITS. No. 371. An Act to amend an Act entitled Gainesville Retirement Fund approved February 24, 1941. (Georgia laws 1941, pages 1453-1460) which was an Act to amend the Charter of the City of Gainesville and the Acts amendatory thereto by amending paragraph (a) of Section 11 so as to provide that the retirement pay provided in said Act shall be determined by averaging the rate of pay received over the full period such employee has participated

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in the retirement fund; by amending paragraph 16 so as to provide for persons over thirty-five years of age to be employed and participate in said retirement fund; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That said Act be amended by striking paragraph (a) of Section 11 in its entirety and substituting in lieu thereof a new paragraph so that said paragraps (a) of Section 11 as amended, shall read as follows: Act of 1941 amended. 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 average monthly salary during the time such employee has participated in the Retirement Fund, provided the employee shall have completed twenty-five 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 one-half of his average monthly salary during the time of his participation in the Retirement Fund that his years of service bear to twenty-five years. Said benefits shall be paid said retired employee from the retirement fund therein provided for on the first of each month until the death of said employee. Sec. 11, new par. (a). Section 2. That Section 16 be amended by striking the Period at the end of said paragraph, and substituting in lieu thereof a comma, and by adding thereto the following: Sec. 15 amended. Who shall not be more than forty-five years of age,

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and the principals of any of the schools in said system who shall not be more than forty year of age so that said Section 16 when amended shall read as follows: Added portion. 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, who shall not be more than forty-five years of age, and the Principals of any of the schools in said system who shall not be more than forty years of age. Sec. 16 as amended. 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 March 18, 1943. HULL STREET USE REGULATED. No. 392. An Act to amend Acts, approved, August 24, 1905, and August 9, 1906, and the amending Acts approved August 22, 1907, Georgia Laws entitled an Act to incorporate the town of Hull in Madison County, which said first named Act was to incorporate the Town of Hull, and the amending Act providing as to the corporate limits of the Town of Hull, and Taxation for said Town of Hull, to provide for its Government, to define its rights and liabilities, and for other purposes, so as to confer on the Mayor and Council the power and authority to regulate the use of its streets for business purposes; 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. The Mayor and Council of the Town of Hull shall have full power and authority to regulate the use of the streets of the Town of Hull, for business purposes and no person, firm or corporation shall have the right to use the streets of said Town for business purposes without first having and obtaining the consent and license of the Mayor and Council of the Town of Hull, provided, and that such consent and license shall not be required of firms using the streets of the Town of Hull in selling and disposing of agricultural, grove, orchard, poultry, dairy and other products grown, raised and produced by them on farms operated by them. License required. Proviso. 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 19, 1943. JACKSON CHARTER AMENDMENTS. No. 98. An Act to amend an Act to create the Charter of the City of Jackson approved August 8, 1908 (Acts 1908, page 787) by striking from said Act in Section 23, in lines 15, 16 and 17 thereof the words provided, the present cemetery shall not be extended in any but a southerly direction and inserting in lieu thereof the following language: Provided, the present cemetery may be extended in any direction; by striking from said Act in Section 23 on line 19 thereof the words said present and inserting in lieu thereof the word any; by striking from said Act in Section 23 on line 21 thereof the words the present and inserting in lieu thereof the word a; by striking from Section 35 of said Act on lines 8 and 9 thereof the

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words one-half on one per cent., and substituting in lieu thereof the words eight-tenths of one per cent.; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The charter of the City of Jackson approved August 8, 1908 (Acts 1908, P. 787) be and the same is hereby amended as follows: by striking from said Act in Section 23, in lines 15, 16 and 17 thereof the words provided, the present cemetery shall not be extended in any but a southerly direction; and inserting in lieu thereof the following language: Provided, the present cemetery may be extended in any direction; by striking from said Act in Section 23, on line 19 thereof the words said present and inserting in lieu thereof the word any; by striking from said Act in section 23 on line 21 thereof the words the present and inserting in lieu thereof the word a; so that said Section 23 of said Act when so amended shall read as follows: Act of 1908 amended. Sec. 23 amended. Said mayor and aldermen shall have full power and authority to declare what shall be a nuisance and to abate the same and provide for the punishment of any person who may create or continue such nuisance; to compel the owner or user of any cellar, stable, pig sty, sewer or any other unwholesome or nauseous houses or place in said city to cleanse, abate or remove the same and to regulate the location thereof; to prohibit the slaughtering of any kind of animal in said city; to establish and maintain quarantines against contagious or infectious diseases; to establish and regulate cemeteries within and without the corporate limits of said city, to acquire lands therefor by gift, bequest or otherwise and to require burial permits to be issued before anybody can be interred within the limits of said city, provided the present cemetery may be extended in any direction, and funds now in the treasury

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of said city and funds arising from the sale of lots in any cemetery, known as the cemetery fund shall not be used for any purpose except to maintain and beautify a cemetery. And provided further, at any time said mayor and aldermen may abolish said present cemetery and purchase land for a new one. Sec. 23 to read. Section 2. Be it further enacted by the authority aforesaid that Section 35 of said Act be amended by striking from said Section in lines 8 and 9 the words one-half on one per cent., and substituting in lieu thereof the words eight-tenths of one per cent, so that said Section as amended shall read as follows: Sec. 35 amended. For the purpose of raising revenues for the support and maintenance of the government of said city and defraying the ordinary current expenses thereof, said mayor and aldermen shall have full power and authority, and it shall be their duty, to provide by ordinance for the levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city not exceeding eight-tenths of one per cent thereof. Said levy shall be fixed after the return and assessment of said property as provided in the fourteenth and twenty-sixth Sections hereof and before the first day of October in each year. All taxes so levied shall be due and collectible on the 20th day of December of the year for which they shall be so levied. To read. 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 16, 1943.

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LAGRANGE CORPORATE LIMITS. No. 80. An Act to amend the charter of the City of LaGrange so as to extend the corporate limits of the said city of LaGrange, and for other purposes. Section 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 date of the passage and approval of this act, the incorporate limits of the City of LaGrange shall be extended as follows: Beginning at a point on the South side of the LaGrange-Cameron Mill Road where the present incorporate limits of the City of LaGrange intersect with the South side of said Road, and which point is marked by a concrete monument, and running thence Northwesterly along the Southwest side of the LaGrange-Cameron Mill Road a distance of 549 feet to a point marked by a concrete monument; thence North 21 30[prime] East to the North side of the paved road running from the LaGrange-Cameron Mill Road to the Highland Country Club and known as Club Drive to a concrete monument, thence Northeasterly and Southeasterly along the Northwest and Northeast sides of Club Drive until said Club Drive intersects with the present incorporate limits of the City of LaGrange, and which point is marked by a concrete monument. New territory defined. 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 16, 1943.

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LESLIE TAX ASSESSORS. No. 217. An Act to amend the charter of the town of Leslie, approved August 21, 1911 by enlarging the duties of tax assessors and providing a method of arbitration as to the value of property in said town where the assessors increase or raise the value of the property returned for taxes and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. By striking out of all Section 24 in said Act and substituting therefor the following: That the Mayor and town council of Leslie shall have the power and the authority to appoint 3 freeholders, residents of said town, as a board of tax assessors, whose duties shall be to carefully scrutinize each return of property, real and personal made by every taxpayer of said town and likewise to assess any property not returned fixing a reasonable valuation for same, and if in their judgment they find that the property embraced in any return or any portion of its returned below its true value, in the event these said assessors shall raise or increase the value of the property returned or property not returned, they shall give the tax payer 10 days notice of their assessment; and in every case where the value of said property is raised or increased by said assessors the taxpayer shall have the privilege of going before the tax assessors with a view of adjusting the difference in valuation; that after such conference the property owner is dissatisfied with the final assessment of property by the assessors, he shall have the right to arbitrate with the assessors, the value of said property, provided that said property owner shall give to the board of tax assessors, 10 days notice after

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such conference with the tax assessors, of his dissatisfaction with said assessment and shall in such notice, select an arbitrator, a resident of said town of Leslie and thereupon, said board of assessors shall name an arbitrator for said town of Leslie who likewise must be a resident of said town and these two, if they disagree, they shall select a third person, a resident of said town of Leslie and it shall be the duty of the said board of arbitrators to fix the value of the property returned by said taxpayer; that said arbitrators shall fix a time for hearing of evidence by both the property owner and the board of arbitrators, regarding the true value of the property returned; that said arbitrators shall make return to said board of assessors, within 5 days after this appointment and qualification. That said arbitrators shall not be related to said property owner or the board of assessors and before entering upon their duties, they shall take and subscribe an oath that they will truly and faithfully discharge their duties as arbitrators without prejudice or bias, to the property owner or to said board of assessors. Sec, 24, Act of 1911, stricken. Tax assessors. Duties. [Illegible Text] Section 2. That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 3, 1943. MACON CHARTER AMENDMENTS. No. 59. 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

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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 an Act set forth on pages 1184, 1185 and 1186 of the published Acts of the Acts of the General Assembly of Georgia for 1941; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia; and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act the second paragraph of Section 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

Page 1427

Georgia for 1939, and an Act set forth on pages 1184, 1185 and 1186 of the published Acts of the General Assembly of Georgia for 1941, be, and the same is, hereby repealed. Acts amended. 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 re-enacted, as follows: The mayor shall receive a salary of Five Thousand Dollars ($5000.00) 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 election for two successive two-year terms, and no incumbent shall hold office for more than four years in succession. When any incumbent has held office for two successive two-year terms he shall not again be eligible for election until one or more two-year terms shall have intervened provided, however, the present incumbent shall be eligible for re-election for one two-year term in addition to the term he is now serving. He shall be the chief executive officer of the City, and shall have a general supervision over all its affairs, sign all deeds and contracts, approve all bills and vouchers for the payment of money, and shall be clothed with the veto power as herein set forth. It shall be his duty to see that the laws of the State, and ordinances of the City are faithfully executed within the limits of the territory over which the City government extends. He shall keep the Council advised from time to time, of the general condition of the City and shall recommend such measures as he may deem necessary and expedient for the welfare thereof. He may call the Council together at any time when deemed necessary by him. He shall have an office at the city hall, and devote as much time as may be necessary to the business of the City each day, and

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shall not be absent from the State for a longer time than six (6) days together, without permission of the Council. Mayor's salary. Term of office. Powers and duties. Office. 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 13, 1943. MACON CHARTER AMENDMENTS. No. 235. 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 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 1375, both inclusive, of the published acts of the General Assembly of Georgia of 1927; and any and all acts amendatory of said described Act, whenever passed and wherever set forth, including any and all acts amending, changing, or re-enacting any section of said acts, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act, Section 71 of the Act of the General Assembly of Georgia approved August 3, 1927, and as said section is set forth on page 1324 of the published Acts of the General Assembly

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for 1927, and as the same may have been amended, re-enacted, or changed, be and the same is hereby amended by adding thereto the following: Act of 1927 amended. Without limiting the generality of the foregoing, the City of Macon, by an ordinance or resolution of the Mayor and Council thereof, shall have the right to prescribe rules and regulations for the repair, change and/or elimination of property determined and so certified to the Mayor and Council, by the Board of Health, Building Inspector, or Chief of the Fire Department, as the case may be, to be in a condition detrimental to health or life, or public safety, or to creaate a fire hazard; and, after notice, by an agent of the City designated by the Mayor and Council, to the property owner affording reasonable time for making such directed repairs, changes or eliminations, the City of Macon is hereby empowered to make or cause to be made such repairs, changes or eliminations, to do any and all things necessary to the accomplishment thereof, including the employment of labor and purchase of materials, and to issue an execution against the property owner and/or property for the cost of the same. Provded, however, that the notice herein described shall afford the property owner an opportunity to be heard before the Mayor and Council, or a designated Committee thereof, as to the necessity of any such repair, change, or elimination. Any execution issuing hereunder shall be issued, enforced, and collected in the same manner as that provided by law for executions for ad valorem taxes due the City of Macon. Additional powers of Mayor and Council. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 3, 1943.

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MACON PENSION FUND. No. 88. An Act to amend the charter of the City of Macon contained in the Act approved August 3, 1927 appearing in Georgia Laws 1927 pages 1283 to 1357, and the Acts which said last mentioned Act amends and reenacts, and all acts subsequent to said Act and amendatory thereof by adding to said city charter provisions for the payment of supplementary pensions by the City of Macon from its own funds to those policemen and firemen of the said City, who could have obtained a pension for twenty-five years of service prior to the passage of an Act of the Legislature approved March 9, 1939, and appearing more fully by reference to Georgia Laws 1939, pages 1149 to 1157, and to provide for the payment of supplementary pensions to those who will complete twenty-five years of service before March 9, 1944 and who would be entitled to a pension for twenty-five years of service, but for the passage of said Act; to provide for a termination of the right to apply for a supplementary pension hereunder and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: That the charter of the City of Macon contained in the Act approved August 3, 1927, appearing in Georgia Laws 1927 pages 1283 to 1357, and the Acts which said Acts amends and reenacts, and all Acts subsequent to said Act and amendatory thereof, be and the same are hereby amended by adding the provisions hereafter set forth to the charter of said City of Macon. Charter Acts amended. Section 2. Any member of the police or fire department of the City of Macon as defined in the Act of 1939 referred to in the caption, who has, at the time of the passage and

Page 1431

approval of this Act, completed twenty-five years of service to the City of Macon, or who will complete twenty-five years of service before March 9, 1944, shall be entitled to an additional and supplementary pension of $25.00 a month in addition to the provision made for such person in said Act, provided such member shall first qualify for a pension under the terms of said and provided further that the aggregate amount of the pension derived from the fund established by said Act of 1939 plus the supplementary pension provided for herein shall not exceed the sum of $75.00 a month. Supplementary pensions. Section 3. The additional and supplementary pension herein provided for shall be paid out of the funds of the City of Macon, and not out of the fund established by said Act of 1939. Section 4. The provisions hereof shall apply only to those members who shall file applications for pensions pursuant to the said Act of 1939 after the date of approval of this Act up to and including March 9, 1944, and the additional and supplementary pension herein provided for shall be paid for the same period and under the same provisions as the regular pension is paid under the said Act of 1939. To whom applicable. Section 5. Said Act of 1939 shall remain in full force and effect and no provision hereof shall be held to abrogate said Act in any of its terms and conditions. Section 6. All laws or parts of laws in conflict herewith, be, and the same are hereby repealed. Approved February 16, 1943.

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MACON WATER COMMISSIONERS' EMPLOYEES' RETIREMENT PAY. No. 103. An Act To amend the Act of the General Assembly of Georgia re-enacting and amending the charter of the City of Macon approved August 3, 1927, by authorizing the Board of Water Commissioners to provide for the retirement of employees of the Board of Water Commissioners on account of disability or age, to levy a tax or assessment upon the compensation of said employees, and for other purposes. Section 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 103 of the Act of the General Assembly of Georgia approved August 3, 1927, amending the charter of the City of Macon, be amended by adding thereto the following: Act of 1927 amended. Section 103 (d) All employees of the Board of Water Commissioners shall pay a monthly assessment of 1% of their monthlly base rate of pay, and the Board shall deduct said assessment from the pay of all employees. Said assessments shall become a part of the general revenues of the Board and no employee shall have any right to the return of any part thereof for any reason whatsoever. Monthly assessment. (e) Upon any employee of the Board of Water Commissioners becoming 70 years of age and having been continuously in the service of the Board for a period of not less that 25 years, he or she shall be automatically retired; and thereafter during his or her natural life the Board shall pay him, or her, on the 1st day of each month, 50% of his or her average monthly base rate of pay during the five years immediately prior to his or her

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retirement, but not in excess of $120.00 per month and not less than $40.00 per month. Automatic retirement at age 70. (f) Upon any employee of the Board of Water Commissioners becoming 65 years of age and having been continuously in the service of the Board for a period of not less than 25 years, he or she shall be eligible for retirement, and upon his or her written application to the Board he or she shall be retired; thereafter the Board shall pay him or her for the remainder of his or her natural life the amount set out in the preceding paragraph. Retirement at age 65. (g) Any employee of said Board becoming totally and permanently disabled who has been in the continuous employ of said Board for a period of not less than five years shall be retired. Said employee shall furnish to the Board evidence of his or her total and permanent disability, and the Board shall be the sole, exclusive and final judge of the fact of total and permanent disability. The determination by the Board that an employee has been totally and permanently disabled shall not preclude it from a subsequent reconsideration and revocation of its previous decision, the Board being authorized from time to time and as often as it sees fit to determine whether an employeee has become totally and permanently disabled. Total and permanent disabilement. (h) Employees who have been in the continuous employ of the Board for a period of five year, whom the Board recognizes as disabled, shall receive disability pay of 10% of their monthly base pay, but not in excess of $24.00 per month. For every additional year of continuous employment prior to the date of disability, the amount of disability pay shall increase 2%, but in no event shall it exceed 50% of the average base pay for

Page 1434

the five years immediately preceding the disability, and in no event shall it exceed $120.00 per month. Disability pay. In the event an employee once classified as disabled is able to return to work, the period of disability shall be included in determining his or her retirement pay based on continuous length of service. Proviso. (i) The sums necessary to discharge the disability payments and retirement payments hereinbefore provided for shall be paid from the general revenues of the Board of Water Commissioners and shall be treated as a maintenance expense. Paid from general revenues. (j) The aforesaid benefits shall be paid solely to retired and disabled employees and not to the heirs or assigns of any employee; and said benefits shall not be subject to garnishment, attachment or levy. Limited to employees. (k) The provisions of this Act shall not be construed to diminish the authority of the Board with respect to the discharge of employees as now contained in Sec. 103 (b). (l) The Board of Water Commissioners shall make such rules and regulations not in conflict herewith as may be necessary and appropriate to effectuate the purposes of this Act. Rules and regulations. (m) The provisions of this Act shall become effective as of the 1st day of the first month next after 10 days subsequent to its approval. Effective date. Section 2. All laws in conflict with this amendment are hereby repealed. Approved February 16, 1943.

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MARIETTA PLANNING COMMISSION. No. 63. An Act to amend an Act of the General Assembly of Georgia approved August 15, 1904 (Acts 1904, page 519), entitled: An Act to create a new charter for the city of Marietta, in the county of Cobb, and to consolidate and declare the rights and powers of said corporation and for other purposes, and the several acts amendatory thereof, by creating in and for said city of Marietta a Board to be known as the Marietta Planning Commission to consist of three members to be appointed and designated by the mayor and council of said city for such term as may be fixed by said Mayor and Council; and by delegating to said Marietta Planning Commission the right, power, and authority to create and designate zones and districts in said municipality for various uses and purposes, and prohibiting other and different uses therein; and by delegating to said Marietta Planning Commission the power and authority for the enactment and passage of zoning and planning rules, regulations, and ordinances regulating buildings, the use of buildings, and the use of property for buildings in any and all zones and districts created under the authority of this Act; and to provide that said Marietta Planning Commission shall have the right and authority to alter, change, and modify any zone or district created by said Commission, and to pass such rules and regulations as it may deem right and proper and just regulating the erection, altering, and use of any building or structure in any zone or district created by it, and to provide a penalty for the violation of any such rule or regulation, said penalty to be the same as provided in Section 240 of the Ordinance of said City of Marietta, and in addition thereto to provide that the erection, maintenance, and use of any building or structure in any zone

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or district in violation of the rules and regulations of said Marietta Planning Commission shall constitute a nuisance abatable as provided by the laws of Georgia in cases of nuisance in municipalities; and to provide that before the erection, change, or modification of any building or structure in any zone or district created as provided in this Act a permit shall be obtained from the said Commission therefor, and such fee paid therefor as may be fixed by said Commission, or by the mayor and council of the City of Marietta, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the Act of the General Assembly of Georgia approved August 15, 1904 (Acts 1904, page 519), entitled: An Act to create a new charter for the city of Marietta, in the County of Cobb, and to consolidate and declare the rights and powers of said corporation, and for other purposes, and the several acts amendatory thereof, be and the same are hereby amended as follows: Act of 1904 amended. Section 1. Upon the passage of this Act there is hereby created and established in and for the City of Marietta, in the County of Cobb, a Board to be known as the Marietta Planning Commission to consist of three members to be appointed and designated by the mayor and council of said city of Marietta for such term as may be fixed by said mayor and council. Planning commission. Section 2. Be it further enacted by the authority aforesaid that said Marietta Planning Commission shall have the right, power, and authority to create, establish, and designate zones and districts in said city of Marietta for various uses and purposes and to prohibit other and different uses in said zones and districts. Zones and districts.

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Section 3. Be it further enacted by the authority aforesaid that said Marietta Planning Commission shall have the right, power and authority to enact and pass zoning and planning rules, regulations and ordinances regulating buildings, the use of buildings, and the use of property for buildings and structures in any and all zones and districts created by said Marietta Planning Commission under the authority of this Act. Rules and regulations. Section 4. Be it further enacted by the authority aforesaid that said Marietta Planning Commission shall have the right, power, and authority to alter, change, and modify any zone or district created by said Commission under the authority of this Act, and to pass such rules and regulations as it may deem right and proper and just regulating the erection, altering and use of any building or structure in any zone or district created and established by said Commission, and to provide a penalty for the violation of any such rule or regulation so passed, which said penalty shall be the same as prescribed in Section 240 of the Ordinances of the City of Marietta for the violation of the ordinances of said city mentioned in said Section. Alterations and changes. Section 5. Be it further enacted by the authority aforesaid that the erection, maintenance and use of any building or structure in any zone or district created and established by said Marietta Planning Commission in violation of the rules and regulations of said Commission passed and enacted under the provisions of this Act shall constitute a nuisance, and shall be subject to abatement as provided by the laws of Georgia for the abatement of nuisances in cities and municipalities of said State, or by any other legal method provided by the laws of said State. Nuisances. Abatement. Section 6. Be it further enacted by the authority aforesaid that, before the erection, change, or modification of any building or structure in any zone or district created and

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established as provided in this act, a permit shall be obtained therefor from the said Marietta Planning Commission, and such fee paid for such permit as may be fixed by said Commission, or by the mayor and council of the city of Marietta. Permits. Section 7. Be it further enacted by the authority aforesaid that the mayor and council of the city of Marietta shall have the right, power, and authority to pass and enact an ordinance providing that any person, partnership, firm, or corporation convicted of the violation of any rule or regulation passed by the Marietta Planning Commission under the authority and provisions of this Act shall be fined not exceeding $100.00, or be imprisoned in the calaboose of the city of Marietta not exceeding fifty days; and that the same city authorities now authorized to try offenders charged with the violation of the ordinances of said city of Marietta, and, upon conviction thereof, assess a penalty therefor as provided in said ordinances of said city, shall have the right, power and authority to try any person, partnership, firm, or corporation charged with the violation of the rules and regulations of the Marietta Planning Commission passed by and under the provisions of this Act, and, upon conviction thereof, shall have the right and power to assess a penalty therefor not exceeding that named in this Section. Violations of regulations. Punishment. Section 8. Be it further enacted by the authority aforesaid that the mayor and council of the city of Marietta shall, in appointing and designating the three members of the Marietta Planning Commission, name and designate the period of time each member of said Board shall serve; and, in the event of a vacancy in the membership of said Board for any reason, the mayor and council of said city shall have the right and authority to fill such vacancy. Said

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Marietta Planning Commission shall have the right to elect its own Chairman to preside over its meetings. Period of service. Vacancies. Section 9. Be it further enacted by the authority aforesaid that before any zone or district is created and established by said Marietta Planning Commission, as provided in this Act, and before any zone or district so established shall be changed, altered, or modified, notice of such proposed action of the said Commission shall be given by publication once a week for three weeks in the newspaper published in said city of Marietta and County of Cobb in which the sheriff's advertisements for said county are published. Said notice shall contain information as to the territory to be included in any zone or district, and general information as to the nature of the restrictions sought to be imposed in any zone or district relative to buildings, structures, and property, and the use thereof, and shall specify the time and place of the meeting of the said Marietta Planning Commission at which such proposed action will be considered, thereby giving opportunity to all persons who may be interested in the creation and establishment of said zones or districts proposed to be created and the restrictions proposed to be imposed in any zone or district to be heard thereon. Prior notice of establishment or alteration. Publication. Contents. Section 10. Be it further enacted by the authority aforesaid that said Marietta Planning Commission shall keep a record in a well-bound book in the office of the Clerk of the city of Marietta of its acts and doings under the authority of this Act, in which the zones or districts created by said Commission shall be plainly described, and in which the rules and regulations passed by said Commission relative to each zone or district shall be recorded, and which said book shall be open at all times to the inspection of the public or anyone interested therein. RECORDS. Section 11. Be it further enacted by the authority aforesaid

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that should the erection, maintenance, or use of any building or structure within any zone or district created by the Marietta Planning Commission under the authority of this Act, constitute or become a nuisance, either public or private, as defined by the laws of Georgia, nothing in this Act shall abridge the right of any person or persons, or the public, injured thereby, to proceed against the person or persons responsible for the same by injunction, or by any other method prescribed by the laws of Georgia and for any relief authorized by the laws of Georgia. Remedies for abuses of power. Section 12. Be it further enacted by the authority aforesaid that said Marietta Planning Commission shall have the right, power, and authority under the powers delegated to it under this Act to pass rules and regulations regulating and governing the location of trades, industries, apartment houses, dwelling houses, garages, or other uses of property, in any zone or district created and established by it under the provisions of this Act as it may deem necessary and advisable to secure the good order, peace, morals, and welfare of the said city of Marietta and the residents thereof, together with such rules and regulations governing the height of buildings and structures in any zone or district created by said Commission, proposed to be erected or built therein, and also as to the alignment of buildings or structures proposed to be erected therein fronting upon public streets. Additional powers. Section 13. Be it further enacted by the authority aforesaid that in case any section, paragraph, sentence, clause, or part of this Act should be declared void, illegal, or unconstitutional, the illegality, invalidity, or unconstitutionality thereof shall not affect the remaining provisions of this Act. Invalid parts. Section 14. 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 February 13, 1943. MARIETTA SEWERAGE SYSTEM. No. 61. An Act to amend an Act of the General Assembly of Georgia approved August 20th, 1906 (Acts 1906, pages 846-848), 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, to be sold for the purpose of purchasing, establishing, maintaining, building and acquiring a system of waterworks for the city of Marietta, and to authorize the issuing of said bonds, and the assessing, levying and collecting of 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 Lights and Waterworks, and making them a body corporate, to define their powers and duties, and for other purposes, and the several acts amendatory thereof, by delegating to the Board of Lights and Water-works created in Section 5 of the Act approved August 20th, 1906, already herein referred to, the right, power, and authority to extend the sewer lines of said city of Marietta beyond the corporate limits of said city, and to build and erect disposal plants beyond the corporate limits of said city for the disposal of the sewage from said city, and to acquire by purchase, gift, or contract, suitable and sufficient lands and properties for the purpose of extending the sewer lines of said city beyond the

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corporate limits thereof and for the erection and building of disposal plants necessary to take care of said sewage, and the right, power, and authority to purchase any and all equipment necessary to carry out the provisions of this Act, and to give board of Lights and Waterworks the right, power, and authority to contract with and purchase from other municipalities and counties water and electric current, for the purpose of resale to its customers, for a period of not exceeding 30 years, and to delegate the right, power, and authority to the said Board of Lights and Waterworks to fix such rates and charges for water and electricity to its customers as it may deem proper and just, and to delegate to said Board of Lights and Waterworks the right of eminent domain for the purpose of acquiring land and properties outside of the corporate limits of the city of Marietta for the extension of its sewer lines and the building of disposal plants in the event such lands and properties can not be acquired by purchase, gift, or contract, upon the payment of just compensation therefor, as provided by the laws of Georgia, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Act of the General Assembly of Georgia approved August 20th, 1906, and appearing in the Acts of 1906, pages 846-848, set out above, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Act of 1906 amended. Section 1. That the Board of Lights and Waterworks created by and under Section 5 of the Act approved August 20th, 1906, referred to above, which by the Amendatory Act of the General Assembly of Georgia approved August 14th, 1909, (Acts 1909, page 1099), was given charge of the system of sewerage in and for the city of Marietta, shall

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have the right, power, and authority to extend the sewer lines of said city of Marietta beyond the corporate limits of said city, and to build and erect disposal plants beyond the corporate limits of said city for the disposal of the sewage from said city. Extension of sewer lines beyond city limits. Section 2. Be it further enacted by the authority aforesaid that said Board of Lights and Waterworks shall have the right, power and authority to acquire by purchase, gift, or contract, suitable and sufficient lands and properties for the purpose of extending the said sewer lines beyond the corporate limits of said city and for the erection and building of disposal plants necessary to take care of the sewage from said city. Power to acquire property beyond city limits. Section 3. Be it further enacted by the authority aforesaid that said Board of Lights and Waterworks shall have the right, power, and authority to purchase any and all equipment and machinery necessary to carry out the provisions of this Act. Equipment. Section 4. Be it further enacted by the authority aforesaid that the said Board of Lights and Waterworks shall have the right, power, and authority to contract with and purchase from other municipalities and counties water and electric current for the purpose of resale to and supplying its customers for a period not exceeding 30 years. Power to purchase current. Section 5. Be it further enacted by the authority aforesaid that said Board of Lights and Waterworks shall have the right, power, and authority to fix such rates and charges for water and electricity to its customers as it may deem proper and just. Water and electric rates. Section 6. Be it further enacted by the authority aforesaid that said Board of Lights and Waterworks in exercising the right, power, and authority delegated to it under the provisions of this Act relative to extending its sewer

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lines beyond the corporate limits of the city of Marietta, the erection and building of disposal plants beyond the limits of said municipality, the acquiring of lands and properties for the extension of its sewer lines and the erection and building of disposal plants herein referred to, and the purchase of such machinery and equipment incident to and necessary for such disposal plants to properly take care of the sewage from said city, shall have the right, power, and authority, if it should be necessary to carry out the powers delegated to said Board of Lights and Waterworks under the provisions of this Act, to borrow temporarily and as a temporary loan such sum or sums of money and execute a note or notes therefor as may be necessary to carry out the rights and powers delegated under this Act, provided such sum or sums so borrowed shall not exceed the limit fixed by the Constitution and laws of this State. Power to borrow. Temporary loans. Section 7. Be it further enacted by the authority aforesaid that the right of eminent domain is hereby delegated to said Board of Lights and Waterworks for the purpose of acquiring lands and properties outside of the corporate limits of said city of Marietta for the purpose of the extension of the sewer lines herein referred to and for the purpose of the erection and building of disposal plants upon the payment of just compensation therefor, provided the same cannot be obtained by purchase, gift or contract, and as provided by the laws of this State. Right of eminent domain. Section 8. 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. Illegal parts. Section 9. 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 February 13, 1943. MARIETTA STREETS AND SIDEWALKS. No. 62. An Act to amend an Act of the General Assembly of Georgia approved August 15th, 1904 (Acts of 1904, page 519), entitled: An Act to create a new charter for the city of Marietta, in the county of Cobb, and to consolidate and declare the rights and powers of said corporation, and for other purposes, and the acts amendatory thereof, by delegating to said city of Marietta, in the county of Cobb, the right, power, and authority to acquire by purchase, gift, devise or dedication the title to such property or properties, within the corporate limits of said named municipality as the mayor and council thereof may deem proper, essential, and necessary for public streets and sidewalk purposes; and by delegating to said city of Marietta, in the county of Cobb, the right, power, and authority to close and abandon such street or streets as the mayor and council may deem non-essential and unnecessary for public use ond public convenience, and to open such other streets in said city in lieu of those closed and abandoned whenever the mayor and council of said City may deem it essential and necessary for the public use and convenience to do so; and by delegating the right, power, and authority to said city of Marietta, in the county of Cobb, to alter, change, and relocate existing streets in said city whenever the mayor and council of said city shall deem such action to be necessary and essential to the best interests of said municipality and for the convenience of the citizens thereof; and by delegating

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to said city of Marietta, in the county of Cobb, the right, power and authority, by and through its proper officers, to sell and convey by sufficient deed all or any portion of said public street or streets in said city which may be hereafter closed and abandoned under the provisions of this Act in all cases where the legal title thereto is in said city of Marietta, but not otherwise; and by delegating to said city of Marietta the right, power and authority to pass proper and appropriate ordinances and resolutions for carrying out the provisions of this Act, provided, however, that no ordinance or resolution shall be passed relative to the closing and abandonment of any public street in said city, or to alter, change, or relocate any existing public street in said city, until the mayor and council of said municipality shall have published a notice, once a week for two weeks, in the newspaper in said city and county in which the sheriff's advertisements are published, wherein it is stated the name of the street proposed to be closed and abandoned, and the name of the street or streets proposed to be altered, changed, and relocated, specifying the proposed changes and alterations, and fixing a time and place where all persons interested may appear and be heard relative thereto, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, the Act of the General Assembly of Georgia approved August 15th, 1904 (Acts of 1904, page 519, creating a new charter for the city of Marietta, in the county of Cobb, and declaring the rights and powers of said corporation, and the several acts amendatory thereof, be and the same are amended as follows: Act of 1904 amended. Section 1. The city of Marietta, by and through its proper officers, shall have the right, power, and authority

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to acquire by purchase, gift, devise, or dedication, the title to such property or properties within the corporate limits of said municipality, as the mayor and council thereof may deem proper, essential, and necessary for public streets and sidewalk purposes. Power to acquire property. Section 2. Be it further enacted by the authority aforesaid that said city of Marietta, in the county of Cobb, shall have the right, power, and authority to close and abandon such street or streets in said city as the mayor and council of said city may deem non-essential and unnecessary for public use and public convenience, provided that notice of such intention to close and abandon any street or streets shall be given as hereinafter provided. Non-essential streets abandoned. Section 3. Be it further enacted by the authority aforesaid that said city of Marietta shall have the right, power and authority to open such other streets in said city in lieu of those closed and abandoned whenever the mayor and council of said city of Marietta may deem it essential and necessary for the public use and convenience to do so. Opening new streets. Section 4. Be it further enacted by the authority aforesaid that the said city of Marietta, in the County of Cobb, shall have the right, power, and authority to alter, change, and relocate existing streets in said city whenever the mayor and council of said city shall deem such action to be necessary and essential to the best interests of said municipality and for the convenience of the citizens thereof. Changing and relocating streets. Section 5. Be it further enacted by the authority aforesaid that said city of Marietta shall have the right, power, and authority, by and through its proper officers, to sell and convey by sufficient deed all or any portion of said public street or streets in said city which may be hereafter closed and abandoned under the provisions of this Act in all cases where the legal title thereto is in said City of Marietta, but not otherwise. Sale of abandoned streets.

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Section 6. Be it further enacted by the aforesaid authority that said city of Marietta, in the county of Cobb, shall have the right, power, and authority to pass proper and appropriate ordinances and resolutions for carrying out the provisions of this Act and the powers delegated to it under this Act. Ordinances. Section 7. Be it further enacted by the authority aforesaid that no ordinance or resolution shall be passed by said city of Marietta relative to the closing and abandonment of any public street or streets in said city, or to alter, change, or relocate any existing street or streets in said city, until the mayor and council of said city shall have published a notice once a week for two weeks in the newspaper in said city and county in which the sheriff's advertisements are published, wherein it is stated the name of the street proposed to be closed and abandoned, and the name of the street or streets proposed to be altered, changed and relocated, specifying the proposed changes and alterations, and fixing a time and place where all persons interested therein may appear and be heard relative thereto. Notice published. Section 8. Be it further enacted by the authority aforesaid that in case any section, paragraph, sentence, clause, or part of this Act shall be declared to be illegal, void, or unconstitutional, the illegality, invalidity, and unconstitutionality of the same shall not effect the remaining provisions of this Act. Invalid parts. 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 13, 1943.

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MARIETTA TERRITORIAL EXTENSION. No. 232. An Act to amend an Act of the General Assembly of Georgia approved August 15, 1904 (Acts of 1904, page 519), entitled: An Act to create a new charter for the City of Marietta, in the county of Cobb, and to consolidate and declare the rights and powers of said corporation, and for other purposes, and the several acts amendatory thereof, by changing enlarging, and extending the corporate limits of said City of Marietta and to prescribe new corporate limits of said City by the incorporation of additional and contiguous territory; and to prescribe the effective date of this Act for the purpose of taxation in any new and additional territory added to said City of Marietta under the provisions of this Act; and to provide that any section of this Act, or part thereof, hereafter declared to be unconstitutional, the same shall not affect any other legal and valid section of the same, or part 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 of the General Assembly of Georgia approved August 15, 1904 (Acts of 1904, page 519), creating a new charter for the City of Marietta and consolidating and declaring the rights and powers of said corporation, and for other purposes, and the several acts amendatory thereof, be and the same are hereby amended as follows: Act of 1904 amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the said Act of the General Assembly of Georgia approved August 15, 1904, and the several acts amendatory thereof, be amended by changing, enlarging and extending the corporate limits of said City of Marietta, in the county of

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Cobb, by adding to and including within the corporate limits of said city of Marietta the additional and contiguous territory described as follows: All that territory in the county of Cobb and State of Georgia situate, lying and being within and between the corporate limits of the City of Marietta as the same now exists and a line described as follows: Beginning at a point in Lot of Land No. 1071 in the 16th District and 2nd Section of Cobb County, Georgia, 400 feet North of the center line of the Allgood Road and 500 feet East of the center line of the Four Lane Highway, which said point is marked with a concrete marker; running thence Southeasterly 500 feet East of and parallel with said Four Lane Highway to the Southern boundary of Land Lot No. 575 in the 17th District and 2nd Section of Cobb County, Georgia; thence, running West along the Southern boundaries of Land Lots Nos. 575, 506, 503, 434, 431, 362, 359, 290, 287, and 218 in said 17th District and 2nd Section to the intersection of the North side of Garrison Road, said boundary being in part the Northern boundary of the Marietta Aircraft Assembly Plant property; thence, running West along the Northern property line of said Garrison Road to a point 300 feet West of Powder Springs Road; thence, running North 300 feet West of and parallel to said Powder Springs Road to a point on the present onemile radius city limit line of said City of Marietta; thence, running in a Northwesterly direction along the one-mile radius city limit line to the intersection of the Southern boundary of Land Lot No. 145 in said 17th District and 2nd Section of Cobb County, Georgia; thence, running West along the Southern boundaries of Land Lots Nos. 145 and 144 in said 17th District and 2nd Section to the Southwest corner of said Land Lot No. 144 in said District and Section; thence, running North along the West boundary line of Land Lot No. 144 to the Northwest corner of Land Lot No. 144 in said 17th District and 2nd Section, said corner being a point on the District line between the

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17th and 16th districts of the 2nd Section of Cobb County, Georgia; thence, running West along said District line to the Southwest corner of Land Lot No. 1294 in the 16th District and 2nd Section of Cobb County, Georgia; thence, running North along the West boundaries of Land Lots Nos. 1294, 1227 and 1222 in said 16th District and 2nd Section to a point 300 feet North of the Dallas Road (now known as Whitlock Avenue); thence, running East 300 feet North of and parallel to said Whitlock Avenue to the intersection of the present one-mile radius city limit line; thence, running Northerly along the present city limit line to the East right-of-way line of the Louisville and Nashville Railroad; thence, running North along the East right-of-way line of the Louisville and Nashville Railroad to a point 300 feet North of the southern boundary of Land Lot No. 1076 in the 16th District and 2nd Section of Cobb County, Georgia; thence, running East 300 feet North of and parallel to the Southern boundaries of Land Lots No. 1076 and 1075 in said 16th District and 2nd Section to a point 300 feet West of Campbell Street in the City of Marietta (the above line being in part 300 feet North of Lacy Street in said city); thence, running North 300 feet West of and parallel to Campbell Street to a point on the center line of Tower Road; thence, running East along the center line of said Tower Road to a point 200 feet East of Cherokee Street; thence, running Easterly 200 feet from and parallel to said Cherokee Street to the intersection of the East property line of the Canton Road; thence, running East and at a right angle to said Canton Road 400 feet, thence running South 400 feet East of and parallel to said Canton Road to a point 400 feet North of Chicopee Drive (formerly known as Moore Street); thence, running East 400 feet North of and parallel to Chicopee Drive to a point on the East boundary of Land Lot No. 1072 in the 16th District and 2nd Section of Cobb County, Georgia; thence, running Northeasterly to a point 500 feet East of the Four Lane

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Highway hereinbefore mentioned and 400 feet North of the center line of the Allgood Road hereinbefore referred to to the said point of beginning in Lot of Land No. 1071 in the 16th District and 2nd Section of Cobb County, Georgia, marked by a concrete market. Corporate limits extended. New territory defined. Section 2. Be it further enacted by the authority aforesaid that the line specifically described and designated in Section 1 of this Act shall be and constitute the boundary line and limit of the City of Marietta as amended by this Act, and that all territory lying and being within said boundary line as designated and described shall constitute the territory of said City of Marietta as amended by this Act. Boundary line. Territory. Section 3. Be it further enacted by the authority aforesaid that the territory added to the City of Marietta under the provisions of this Act, the residents hereof, and the properties therein shall be subject to all the laws and ordinances now governing said City of Marietta to the same extent as the territory, the residents thereof, and the properties of said City of Marietta are now subject, except for the purposes of taxation as hereinafter stated. Residents of new territory. Section 4. Be it further enacted by the authority aforesaid that the property in the territory added to the City of Marietta under the provisions of this Act shall not be subject to taxation by said city of Marietta until on and after the 1st day of January, 1944, except as provided in the next section hereof. Taxation. Section 5. Be it further enacted by the authority aforesaid that all portion of the development known as Victory Homes, Inc., which is included in the territory added to the City of Marietta under the provisions of this Act and upon which homes or houses have been built and erected shall be subject to taxation by the City of Marietta for and during the year 1943, provided such homes and houses were built and erected during the year 1942. Victory Homes, Inc.

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Section 6. Be it further enacted by the authority aforesaid that the territory added to the City of Marietta under the provisions of this Act shall become parts of the wards of said city to which they are contiguous and as may be designated by the mayor and council of said city for the convenience of the residents thereof. Wards. Section 7. Be it further enacted by the authority aforesaid that in the event any section, paragraph, or part of this Act should be declared illegal, void, or unconstitutional, the illegality, invalidity, or unconstitutionality of the same shall not affect the remaining provisions of this Act. Illegal parts. 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. Approved March 3, 1943. MARROW CHARTER. No. 196. An Act to create and incorporate the City of Marrow, in the County of Clayton and grant a charter to that municipality under that 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 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 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 the ordinances of the same, 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 the authority of the same: Section 1. That the City of Marrow, in Clayton County, be and the same is hereby incorporated as a city under the name and style of City of Marrow. Section 2. The corporate limits of said city shall extend as follows: Said city limits shall be in the form of a rectangle one mile wide and two miles long, the center of same shall be the depot of the Central of Georgia Railroad across public road from Mrs. C. L. Murphy store and measuring one mile north and one mile south and one-half mile west and one-half mile east from said depot. Corporate limits. Section 3. That the municipal government of said city shall be vested in a mayor and three councilmen, who are hereby constituted a body corporate under the name and style of the City of Marrow; and by that name and style shall have perpetual succession; shall be capable of contracting, buying and holding property, suing and being sued; shall have all the incidental rights usually conferred upon municipalities and all the rights hereinafter conferred; James B. DeFoor is hereby appointed and designated mayor of said city; and M. L. Florence, E. T. George and C. C. Rogers are appointed and designated as councilmen of said city to serve until their successors are elected and qualified. The terms of said officers shall be as follows: They shall serve as such until January 1, 1944; the said James B. DeFoor shall then serve as Mayor for one year term; the said M. L. Florence shall then serve a one year term as councilman; the said E. T. George shall then serve a two year term as councilman and the said C. C. Rogers shall then serve a three year term as councilman; their successors shall be elected for and shall hold office for terms of one year. On the first Saturday in December of each year beginning in 1944 there shall be held an election for mayor and for

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a councilman whose term shall expire on January 1st immediately following; said election shall be held at some public place to be designated by the councilmen of said city and shall be held between the hours of 1 and 6 o'clock P. M. and shall be held by three persons resident of said city who are qualified voters. Said elections shall otherwise be conducted as are elections for the members of the General Assembly of Georgia and the qualifications of the voters shall be the same as in elections for members of the General Assembly of Georgia. The mayor and council shall have authority to adopt the necessary ordinances providing for all rules and regulations to govern the holding of all elections, governing registrations, voting, declaring the results, filing and hearing contest and all other matters connected therein. Municipal government. Mayor and Corporate name. Terms of office. Election of successors. Section 4. The mayor and councilmen shall each take and subscribe the following oath in their minute book: I do swear that I will faithfully and impartially administer the laws of the City of Marrow to the best of my skill and ability. Oath. Section 5. Said mayor and council shall hold regular monthly meetings and any call meetings, when so desired to conduct the government of the city. They shall have authority to enact any ordinance or laws for the government of the city permitted by its charter. All such laws or 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 council (two votes) at two sessions before becoming law, after which it must be recorded in their minute book kept by the mayor. Meetings. Laws and ordinances. Section 6. Said mayor and council shall have authority to define offenses against the government of the city; to prescribe penalties and provide for the enforcement of its

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laws; to elect a marshal for said city and fix his salary and to require him to make bond to the said mayor and council in such sum as they deem proper for the faithful performance of his duty. Said marshall shall be elected annually at the first meeting of council of each year and shall hold office at the pleasure of said mayor and council; he shall arrest all persons violating the laws of said city, with or without warrant or summons and bring them before the mayor for trial. He shall be the ministerial officer of the mayors court and shall enforce its sentences or collect its fines; he shall enforce all the laws of said city and orders of the mayor and council. Penal offenses. Marshal. Section 7. The mayor and council shall have the right to levy a tax on all property in said city, not to exceed five (5) mills per annum, the rate to be determined by a resolution supported by a majority vote and entered on their minutes. All taxes shall become due December 1st, after which the mayor may issue fi fas for the collection of unpaid taxes which may then be levied by the marshal; property to be sold, if personalty before the place for holding election in said city after 10 days advertisement by posting three notice in said city; if realty, to be sold at the same place after four weeks advertisement in a newspaper in said county; all of said sales to be on first Tuesday in each month and to be held between the hours of 10 A. M. and 4 P. M.; the marshal shall make and execute deeds of title to the purchasers at said sale. Ad valorem tax. Tax executions. Sales. Section 8. At the first meeting of the mayor and council in each year they shall determine whether they shall levy a tax for said ensuing year and if so to fix the rate therefor, and if a tax is levied then they shall order all property in said city to be returned to the mayor for taxation and entered in a book for tax returns and all property existing in said city on January 1st shall be taxable that year against the owner. All fines, taxes and forfeitures shall be collected

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and held by the mayor and disbursed by him. He shall give a bond to the members of the council in the sum of $1000.00 for the faithful performance of his duties. Tax rate. Tax returns. Mayor's bond. Section 9. The mayor shall hear and try all cases against persons charged with violations of the laws of said city and upon conviction may impose a fine not to exceed Fifty ($50.00) Dollars or in lieu thereof imprisonment at labor on the streets or public works not exceeding 25 days, or both, at his discretion. If the mayor is disqualified a mayor pro tem. elected by the council shall act. Punishments. Section 10. The mayor and council shall have authority to construct waterworks and sewers, paying for them out of the public funds of the city or by charges for the use of such privileges. They shall have the authority to enact reasonable sanitary regulations and to enforce the same. Waterworks adn sewers. Section 11. The mayor's salary shall be fixed annually by the council of the city and shall be paid out of the public funds of the city, if any, and all other legal or necessary expenses of the government of said city, not otherwise provided for, shall likewise be paid. In case there is a vacancy in the office of mayor or council the council shall have power to elect a successor to said mayor or councilman who shall serve until the next election. Mayor's salary. Section 12. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1943.

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MOULTRIE NEW CHARTER. No. 210. An Act to create and establish a new charter for the City of Moultrie; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits proper of said city; and to confer extra territorial jurisdiction upon said city with certain adjacent territory; to confer power upon said city to pass ordinances and regulations for the zoning of said city; to provide that no valid or existing ordinances, rule or regulation of the former corporation nor any contract made or right acquired under the same shall be affected by this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the City of Moultrie, Colquitt County, Georgia, hereinafter described, be, and they are hereby continued incorporated under the name and style of the City of Moultrie, and by that name shall be and are hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements and hereditaments now belonging or in any way appertaining to said City of Moultrie as hereinbefore incorporated, with power to govern themselves by such ordinances, rules, regulations, and resolutions for the transaction of its business and the welfare and proper government of said city as may be adopted and promulgated under the terms and provisions of this charter not in conflict with the Constitution or laws of this State or of the United States. And the said City of Moultrie may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, and do all other

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things necessary to promote the municipal corporate purposes of said city and the welfare and proper government of its inhabitants. And the said city of Moultrie shall be able in law to purchase, hold, receive, enjoy, possess and retain in perpetuity, or for any term of years, or dispose of or sell, any interest in any real or personal property of whatsoever kind or description within or without the limits of said city, for corporate purposes. Said City of Moultrie, created by this Act, is hereby made responsible as a corporate body for all the legal debts, liabilities and undertakings, and shall succeed to all the rights, of said City of Moultrie as heretofore incorporated, and all existing valid ordinances, rules, by-laws, and resolutions of the city as hereinbefore incorporated remain unaffected hereby and are hereby continued and confirmed. Corporate name. Powers in general. Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of said city shall be the same as heretofore incorporated, namely: The northern boundary line of said city shall be a line drawn parallel to a straight line running east and west through the center of the county courthouse square and lying at a distance of three-fourths of a mile north of the same; the southern boundary line of said city shall be a line drawn parallel to a straight line running east and west through the center of the County courthouse square and lying at a distance of 5,860 feet south of the same; the eastern boundary of said City of Moultrie shall be a line drawn parallel to a straight line running north and south through the center of the county courthouse square and at a distance of three-quarters of a mile east of the same; and the western boundary of said City of Moultrie shall be a line drawn parallel to a straight line running north and south through the center of the county courthouse square and at a distance of three-quarters of a mile east of the same. Corporate limits defined.

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Section 3. Be it further enacted by the authority aforesaid, that for the purpose of eradication of mosquitoes, providing proper sanitation and the protection of the general welfare and public health the council of said city shall have jurisdiction over all property within one mile, in any direction, from the limits of the city as set out in Section 2 above, and shall have the power and authority to drain all streams or pools within said area which breed mosquitoes, and to take such other steps as they may deem necessary for the eradication of mosquitoes, to abate nuisances within said area which are injurious to the health of its citizens, to provide proper sanitation within said area for the protection of the health of its citizens, to appropriate money and to pass reasonable ordinances to carry out the provisions of this section. The officers and agents of said city shall have the right of ingress and egress over the property in said area for the purpose of sanitary inspection and of doing any and all things said city or its authorities may be empowered to do by the terms of this section. Jurisdiction outside city limits for health and sanitary purposes. Section 4. Be it further enacted by the authority aforesaid, that, except as otherwise provided in this charter, all powers of the city shall be vested in a council of five (5) members, elected from the city at large in the manner hereinafter provided. The term of members of the council shall be for two (2) years and shall begin on the third (3rd) Tuesday in October next following their election. Council of five. Terms. (a) No candidate for a member of the council shall spend or promise any money, office, employment or other thing of value to secure an election. Acts forbidden. (b) The present mayor shall continue in office as the mayor of the City of Moultrie under this charter until the expiration of the term for which he was elected and until his successor is elected and qualified and the present councilmen of the City of Moultrie shall continue in office as

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councilmen of the City of Moultrie until the expiration of the terms for which they were elected and until their successors are elected and qualified, and they and their successors shall have and exercise all the rights, powers and duties hereby conferred on the mayor and council of said City of Moultrie created by this Act. Mayor and councilmen remain in office. Section 5. Be it further enacted by the authority aforesaid, that on the first Monday in October, 1943, and biennially thereafter there shall be held an election for two (2) councilmen and mayor, who shall serve for two (2) years and until their successors are elected and qualified. On the first Monday in October, 1944, and biennially thereafter there shall likewise be held an election for three (3) councilmen, who shall likewise serve for two (2) years and until their successors are elected and qualified. Successors elected. Terms. 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 power 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 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's power and authority.

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Section 7. Be it further enacted by authority aforesaid that no person shall be eligible to the office of mayor or member of council of said city unless he be a citizen of said city, and of the age of twenty-one years, and has resided in said city one year prior to said election and shall be a qualified elector of the city. Should the mayor or any member of council cease to possess any of the qualifications specified in this section, or be convicted of crime involving moral turpitude while in office, he shall immediately forfeit his office. Eligibility of mayor and councilmen. Section 8. Be it further enacted, that at 8:00 o'clock P. M. on the third (3rd) Tuesday in October following a regular municipal election the council shall meet at the usual place for holding its meetings and the newly elected members shall assume the duties of office. Thereafter the council shall meet at such times as may be prescribed by ordinances or resolutions, but not less frequently than once each month. Such meetings shall be called by the Clerk upon the written request of the mayor, the city manager, or three members of the council. All meetings of the council shall be open to the public and the rules of the council shall provide that citizens of the city shall have a reasonable opportunity to be heard at any such meeting in regard to any matter considered thereat; but, the council may, by a vote of three of its members authorize an executive meeting. Meetings. Section 9. Be it further enacted, that before entering on their duties the persons elected as mayor and members of council shall appear at the council chamber of said city and take and subscribe before some officer authorized to administer an oath or one of the retiring councilmen or the mayor of said city, the following oath: Oath. I do solemnly swear that I will perform the duties of mayor (or Councilmen as the case may be) of the City of Moultrie to the best of my skill and ability, as to me shall

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seem to the best interest and welfare of the City of Moultrie, without fear, favor or affection, so help me God. Section 10. Be it further enacted, that the council shall be the judge of the election and qualification of its members, and, in such cases shall have power to subpoena witnesses and compel the production of all pertinent books, records and papers; but the decision of the council in any such case shall be subject to review by the courts. The council shall determine its own rules and order of business and keep a journal of its proceedings. It shall have power to compel the attendance of absent members, may punish its members for disorderly behavior and, by vote of not less than four (4) members, may expel a member for disorderly conduct or the violation of its rules; but no member shall be expelled unless notified of the charge against him and given an opportunity to be heard in his own defense. Powers of council. Section 11. Be it further enacted by authority aforesaid that four (4) members of the council or three (3) members of the council and the mayor, shall constitute a quorum to do business, but a smaller number may adjourn from time to time, and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of three members of the council shall be necessary to adopt any ordinance, resolution or vote; except that a vote to adjourn, or regarding the atendance of absent members, may be adopted by a majority of the members present. No member shall be excused from voting except on matters involving the consideration of his own official conduct or when his financial interests are involved. Quorum. Section 12. Be it further enacted by authority aforesaid, that it shall be necessary to have read in regular session of the council three times all proposed ordinances before they shall be voted on by said council; Provided, that at the first

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reading of said proposed ordinance it may again be read at the same meeting by a unanimous vote of those present, and then it shall be ready for the third reading and passage at the next regular meeting of said council, provided, that in no event can an ordinance be voted on or become effective until it shall have been read at three regular meetings of said council, or at two regular meetings as above stated. Ordinances. Section 13. Be it further enacted by authority aforesaid, that ordinances which do not provide for taking effect at a different time, shall take effect immediately after their passage. Effective date. Section 14. Be it further enacted, that all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of Moultrie, shall be superintended and managed by a justice of the peace and two freeholders who are citizens of said city and own real estate therein, or by three freeholders, all of whom shall be citizens of said city, and own real estate therein, and each of said managers, before entering on his duties, shall take and subscribe before some officer qualified to administer an oath, or before each other, the following oath: Election managers. We, and each of us, do solemnly swear that we will faithfully and impartially conduct this election and prevent all illegal voting to the best of our skill and power, so help us God. Oath. Said managers shall keep or cause to be kept, two lists of voters and two tally sheets. All elections shall be held at the council chamber, or some other place previously provided by the council, and the voting shall be by ballots. The polls shall open at half-past seven A. M. and close at six P. M., standard time. The persons receiving the highest number of votes for the respective offices shall be declared

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elected. The managers of all elections held under the provisions of this charter shall be appointed by the council. Elections. Section 15. Be it further enacted, that the said managers shall certify two lists of voters and two sheets, and shall place one list of said voters and one of said tally sheets in the ballot box, together with the ballots cast at said election, and seal the same, and shall forthwith deliver the same to the ordinary of Colquitt County. The other tally sheet and list of voters, together with certificate showing the results of said election, signed by said managers, shall be placed in a package and sealed, and forthwith delivered to the clerk of said city who shall safely keep the same, and at the first regular meeting of the council occurring three days after said election, deliver said package to said council, who shall open the same and declare the results, if no notice of contest has been given to the council. If notice of contest has been given, then all other proceedings shall be postponed until the contest shall have been decided. If the result of any election held in said city is contested, notice of such contest shall be filed with the ordinary of Colquitt County within three days after said election, setting forth all the grounds of contest, and upon the payment of a fee of ten dollars in advance to said ordinary, the said ordinary shall, within two days after he received the same, cause a copy of said notice to be served by the sheriff of said county, or his deputy, on the contestee, if said contest is for an office, and if the result of any election in which any question is submitted is contested, then said ordinary shall cause notice to be served on the mayor of the city, and published one time in the official organ of said city, or if there be no official organ, then the notice to be published one time in a newspaper published in said city. Said ordinary shall fix the time of hearing the contest, which shall not be later than ten (10) days after service has been perfected, of which time both parties shall have five days' notice before the hearing. The contestor shall pay the sheriff or his

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deputy two dollars in advance for serving notice of contest. All contests shall be heard at the courthouse of Colquitt County. Said ordinary is authorized to hear and determine contests, and the losing party shall pay all costs, for which said ordinary is authorized to give judgment and issue execution. Contests. Section 16. Be it further enacted, that all persons residents of said city, and who are qualified to vote for members of the General Assembly of this State, and who have registered according to the laws of said city, shall be qualified to vote in all elections of said city; provided it shall not be necessary to register with the county tax collector. Voters' qualifications. Section 17. Be it further enacted, that at the first meeting of the council after their election they shall choose a city manager, a city attorney, and a city recorder. They shall also choose a board of trustees of the public library, a board of tax assessors, a city planning commission, and a board of zoning appeals, as herein provided. They may at any time fill any vacancies that occur in any of the above offices. The officers and employees elected or chosen by the council shall receive such compensation, take such oath, and when required give such bond as may be fixed by the council. Officers and employees. Section 18. The city manager shall be the head of the administrative branch of the city government. The city manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter outlined. At the time of his appointment he need not be a resident of the city or State, but during his tenure of office he shall reside within the city. No person elected to membership on the council shall, subsequently to such election, be eligible for appointment as city manager

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until one year has elapsed following the expiration of the term for which he was elected. City manager. The city manager shall be appointed for an indefinite term but may be removed by a majority vote of the council. At least thirty days before such removal may become effective the manager shall be furnished with a formal statement in the form of a resolution passed by a majority vote of the council, stating the council's intention to remove him and the reasons therefor with reasonable particularity. If so requested by the manager the council shall fix a time for a public hearing upon the question of his removal and the final resolution removing the manager shall not be adopted until such public hearing has been had. Upon passage of resolution stating the council's intention to remove the manager, it may suspend him from duty, but his pay shall continue until his removal shall become effective as herein described. The action of the council in removing the manager shall be final. In case of the absence or disability of the manager the council may designate a qualified administrative officer of the city to perform the duties of the manager during such absence or disability. Term. Removal. Hearing. Action final. (a) The city manager shall receive such compensation as may be prescribed by ordinance of the council. Compensation. (b) The city manager must devote all of his working time and attention to the affairs of the city, and shall be responsible to the council for the efficient administration of all the affairs of the city over which he has jurisdiction. Full time. (c) The city manager shall have power and it shall be his duty: (1) To see that all laws and ordinances are enforced. (2) To appoint a city clerk and treasurer, who may be one and the same person, a marshal or chief of police, a superintendent of water and light and plant, and such other

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officers and employees as may be necessary or proper. Provided, that excepted from this power of appointment are those officers and employees who by this Act are appointed or elected by the council, and the board of school commissioners, and the officers and employees of the schools, which shall not be under the jurisdiction of the city manager. Enumeration of powers and duties. (3) To remove employees employed by him without the consent of the council and without assigning any reason therefor. Provided, nothing herein shall operate or confer upon the city manager supervision and control over the city planning commission, board of zoning appeals, the board of school commissioners, trustees of public library, city attorney, board of tax assessors, or recorder. (4) To exercise supervision and control of all departments and all divisions created in this charter, or that may therefor. Provided, nothing herein shall operate or confer provided in this Act. (5) To attend all meetings of the council with a right to take part in the discussion, but having no vote. The city manager shall be entitled to notice of all special meetings. (6) To recommend to the council for adoption such measures as he may deem necessary or expedient. (7) To make and execute all lawful contracts on behalf of the city as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance passed by the council, provided that no contract, purchase or obligation involving over five hundred ($500.00) dollars shall be valid and binding until after approval of the council. (8) To act as budget commissioner with such committee as the council may appoint to prepare and submit to the council prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as

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much detail as practicable the amount allotted to each department of the city government and the reasons for such estimated expenditures. (9) To keep the council at all times fully advised as to the financial condition and needs of the city. (10) To make a full written report to the council on the first of each month showing the operations and expenditures, of each department of the city government for the preceding month. (11) To fix all salaries and compensation of city employees lawfully employed by him. (12) To perform such other duties as may be prescribed by this Act, or required by ordinance or resolution of the council. (13) The city manager shall be the purchasing agent for the city by whom all the purchases of supplies for department under his control, as herein provided, and all contracts for printing shall be made, and he shall approve all vouchers for same; Provided, that all contracts or agreements made by him requiring the expenditure of money to the amount of five hundred ($500.00) dollars or more shall be approved by the council. In the capacity of purchasing agent he shall conduct all sales of personal property which the council may authorize to be sold, and which have become unnecessary or unfit for the city's use; all such sales shall conform to such regulations as the council may from time to time prescribe. In any case of purchase or sale, if an amount in excess of five hundred ($500.00) dollars be involved, opportunity for competition shall be given. Purchasing agent. Contracts subject to approval of council. (14) The city manager, before entering upon the discharge of his duties, shall give bond in the penal sum of at least ten thousand ($10,000.00) dollars to be fixed and approved

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by the council (the premium of which shall be paid by the city), payable to the City of Moultrie, and its successors, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and any of the public, by reason of his default, misfeasance, malfeasance, or non-feasance in the performance of his duties. 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 month, for the inspection of the council. Bond. Reports to council. Section 19. Neither the council nor any of its committees or members shall direct or request the appointment of any person to, or his removal from office by the city manager or any of his subordinates, or in any manner take part in the appointment or removal of officers and employees whom the city manager is authorized to appoint or remove. 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 when 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

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give orders to any subordinate of the city manager either publicly or privately. Appointments to and removals from offices. Section 20. The city attorney shall be an attorney at law who shall have practiced in the State of Georgia for at least five years. He shall be the chief legal adviser of and attorney for the city and all departments and offices thereof in matters relating to their official powers and duties. It shall be his duty to attend all meetings of the council; to give advice in writing, when so requested, to the council, the city manager or the director of any department; to prosecute or defend, as the case may be, all suits or cases to which the city may be a party; to prosecute for all offenses against the ordinances of the city and for such offenses against the laws of the State as may be required of him by the council; to prepare all contracts, bonds and other instruments in writing, in which the city is concerned, and to endorse on each his approval of the form and the correctness thereof; and to perform such other duties of a legal nature as the council may by ordinance require. In addition to the duties imposed upon him by this charter or required of him by ordinance or resolution of the council he shall perform any duties imposed upon the chief legal officers of municipalities by law. City Attorney. Duties. Section 21. Be it further enacted, that it shall be the duty of the marshal of said city to levy all executions in favor of said city for taxes and fines, and advertise and sell the property levied on in accordance with the laws governing sheriff's sales in this State. He shall have the same power to place purchasers in possession as have sheriffs of this State. No person shall be eligible to the office of marshal, clerk or city attorney, who is not a qualified voter of the State and county. Levy and sale for taxes. Section 22. Be it further enacted, that there shall be a recorder's court in said city for the trial of all offenders

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against the laws or ordinances of said city, to be held by the recorder in the city hall of said city as often as may be necessary. In the absence or disqualification of the recorder, the mayor pro tem. shall hold said court, and in the absence or disqualification of both the recorder and mayor pro tem. any one of the councilmen may hold said court. Said court shall have the power to preserve order and to compel the attendance of witnesses, punish for contempt by imprisonment not exceeding ten days, or fine not exceeding ten dollars or both. Said recorder shall have full power and authority, upon conviction of any offender against the penal ordinance of the city, to sentence such offender to labor upon the streets or chaingang of said city, or be confined in the guardhouse of said city, for a term not exceeding fifty days, or pay a fine of one hundred dollars. Either one or more of said penalties may be imposed in the discretion of the recorder. Recorder's court. Section 23. Be it further enacted, that any person convicted in the recorder's court may appeal to the city council, who shall hear the case anew, and shall by a majority vote acquit the appellant or sentence him, or fine him, in their discretion, not exceeding the terms and amounts fixed in Section 51 of this charter. The person so convicted may, if he sees fit, certiorari said case either before or after appeal to the city council. Appeals. Section 24. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the city government, the council of said city shall have full power and authority, and shall prescribe by ordinance for the assessment and collection of an ad valorem tax on real estate and personal property within the corporate limits of said city, which is subject to taxation according to the laws of the State, said tax not to exceed one per cent, upon the value of said property for ordinary current expenses; and

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for the establishment, maintenance and support of the public schools the council shall, upon a recommendation by a two-thirds vote of all members of the board of school commissioners of said city, levy and collect annually, an ad valorem tax not to exceed twelve mills on all taxable property of said city. Provided, that the money so collected shall be used only for school purposes, as herein provided, and the council shall pay over said money so collected, and as soon as collected, to the treasurer of the board of the city school commissioners of Moultrie, Georgia. Ad valorem taxes. Section 25. Be it further enacted, That the council of said city shall have full power and authority to require any person, firm, company or corporation engaged in or carrying on, or who may engage in or carry on, prosecute or have any trade, business, calling, vocation, profession or avocation, within the corporate limits of said city, to register their names and business, calling, vocation, profession, or avocation, before beginning or carrying on said business, calling, vocation, profession, or avocation, and require such person, firm, company or corporation to pay such fee for said registration as said council may prescribe. Said council shall have the right and power to prescribe, by ordinance, such penalty or penalties for the violation of this section as they may see proper, not exceeding the punishment as prescribed in Section 51 of this charter. Business licenses. Section 26. Be it further enacted, that said council shall have the power to classify and arrange the various business, trades, callings, vocation, professions and avocations carried on in said city into such classes for taxation as they may see fit. The said council may, if they see fit, collect the amount that may be due said city for special licenses or special taxes in the same manner as other taxes are collected; this is additional to assessing the penalty as above described in Section 25. Classification businesses, trades, etc., for taxation.

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Section 27. Be it further enacted, that the council shall have the full power to regulate and control the sale of malt, alcoholic liquors, spirits or beverages within the corporate limits of said city, and at their discretion to license to sell, or to withhold the same, and to fix the price to be paid for license at any sum they may see proper. Spiritous and malt liquors. Section 28. Be it further enacted, that the council shall have full power and authority to license or refuse to license billiard tables, tenpin alleys, and all like contrivances, and pool tables kept and used in said city. Billiard tabes, etc. Section 29. Be it further enacted, that the council shall have full power and authority to pass such ordinances as they may think proper in regard to granting or not granting licenses to theatrical companies or performances, or for shows or other exhibitions, and prescribe what amounts shall be paid for such licenses. Theatrical shows. Section 30. Be it further enacted, that the council shall have full and complete control of and authority over the streets, alleys and sidewalks of the city, and shall have full power and authority to condemn property for the purpose of opening and laying out new streets and alleys, and for widening, straightening, or otherwise changing the streets, sidewalks or alleys, and grading the streets, sidewalks or alleys of the city; and whenever the council shall desire to exercise the power and authority granted in this section, it may be done, whether the land sought to be condemned is in the hands of control of the owner, trustee, executor, administrator, agent, guardian, or other person, in the manner provided by Sections 36-301 et seq., Code of Georgia 1933, and the amendments thereto. Streets and sidewalks. Section 31. Be it further enacted, that the council shall have the right and power to make an assessment on the various lots of land in said city for sanitary purposes, not

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to exceed two dollars per year on each lot so assessed, and said council are hereby empowered to collect the same by execution against the lot so assessed, and the owner thereof; the amount so assessed shall be a lien on the lot so assessed from the date of assessment. The execution may be issued and enforced in the same manner that tax executions of said city are issued and enforced. The amount so raised shall be used for sanitary purposes only. Said council shall have the power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment. Provided, no lot shall be less than twenty-five feet front; and provided the assessment made under this section shall not be made on vacant lots; and provided further, that residence lots shall not be subdivided. Sanitary assessments. Section 32. Be it further enacted: (1) That the council of said city shall have full power and authority, in their discretion, to pave, curb, gutter, remove or repair, or otherwise permanently improve any of the sideewalks of said city, with whatever material they may think best, and in any manner they may see fit. That in order to carry into effect that section they may assess any part or all of the cost of improving such sidewalks, including all necessary curbing, gutter, and other expenses therewith connected, on the land and the owners thereof abutting the sidewalk so paved or improved according to the frontage owned by them thereof; and the council is hereby authorized and empowered to pass all necessary ordinances to carry out the provisions of this section. Paving and improving sidewalks. (2) Said city shall have power and authority by ordinance to grade, pave, macadamize or improve, for travel or drainage any of the streets, alleys or ways of said city, and to assess two-thirds of the cost of such grading, paving, macadamizing or improvement against the owners of the property abutting on each side of the streets, alleys or ways

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so graded, paved, macadamized or improved, according to the frontage owned by each on such streets, alleys or ways, and said city shall have power and authority to grade, pave, macadamize and otherwise improve, as they shall deem proper, the width of two feet on said side of the tracks of any street railway company, or steam railway company, that may run, now or hereafter, through or across the streets, alleys or ways of said city, and to assess the entire cost of such improvement against such street railway company or steam railway company, and the same shall be enforced and collected by execution as is provided in Paragraph 3 of this section. Grading and paving streets. (3) The said City of Moultrie is hereby empowered to enforce the payment of the assessments provided for by Paragraph (1) and (2) of this section by execution against the abutting property owners and the abutting property, which said execution shall be issued and levied like executions for taxes under existing ordinances, or such as may hereafter be made applicable to the subject, and said property shall be sold in the same manner, and shall be subject, to all the incidents of purchase by the city and redemption by the owner, etc., as is provided by Section 92-4401 of Code of Georgia of 1933; Provided, however, that to an execution issued under the provisions of this section 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 the reason why same is not due, which amount so admitted to be due shall be paid before the affidavit is received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of Colquitt County, and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for under cases of illegalities filed for delay. Executions for cost. Levy. Sale. Affidavit of illegality.

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(4) When any property of Colquitt County abuts upon any sidewalk in said city, the said City of Moultrie shall have power and authority to pave, curb, remove, or repair the same and assess the whole cost of the same against the county, according to frontage, and when such property abuts upon any street, alley, or way that is graded, paved, or otherwise improved by the said city of Moultrie, said city shall have power and authority to assess against said Colquitt County, its proportionate part of two-thirds of the cost of such grading, paving or improving, according to frontage, and the method of collection, in case of refusal to pay, shall be by suit against the county commissioners of Colquitt County in some court of competent jurisdiction. [Illegible Text] property. (5) One publication of the ordinance or ordinances providing for the improvements mentioned in this section, in the newspaper in Colquitt County in which the sheriff's adertisements are published, shall be sufficient notice to abutting property owners, or street railway companies or steam railway companies having tracks on the streets, alley or ways to be improved, of the contents and provisions of such ordinances, and of the fact that such improvements are to be made. Notice published. Section 33. Be it further enacted, that the council shall have power to pass such ordinances, and enforce compliance therewith by suitable penalties, as may be necessary for the protection of the city waterworks and electric lights and electric light plant and appurtenances, and for the securing the purity and healthfulness of the water supply, and shall have full power and authority to abate and remove anything which may cause impurity or unhealthfulness of the water of said waterworks. Additional powers. Section 34. Be it further enacted, that said council shall have power and authority by resolution to provide for the collection of water and light charges, and to enforce the

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payment of any charge for any water and lights by execution against the person, which said execution shall be issued like executions for taxes under existing ordinances or such as may hereafter be made applicable to the subject. They shall have the power and authority to pass ordinances to provide for the manner of carrying the provisions of this section into effect. Water and light charges. Section 35. Be it further enacted, that the council shall have full power and authority to make rules and regulations concerning the introduction and maintenance of water and electric service into any premises, and from time to time to regulate the same; they shall have the right to examine the apparatus connected with said water or electric services; and if any person refuse to allow such examination, he shall be punished as may be prescribed by ordinance of said council. Water and electric service. Section 36. Be it further enacted, that the council shall have full power and authority to make rules and regulations, and to pass all ordinances they may deem necessary regulating the furnishing of electricity into residences, stores, manufacturing enterprises, and other places, by the electric light plant of said city, and for the protection of the apparatus and other fixtures and appurtenances of said electric light plant. The council shall have the right and power to regulate the charges that may be made for the use of light from the said electric light plant and water from the waterworks of said city. Electricity. Section 37. Be it further enacted, that the council shall have full power and authority to require the owner of any improved lot in said city to provide suitable privy or watercloset accommodations on said lot, wherever in their judgment such are necessary. The council shall have the authority to condemn and forthwith prevent anyone using any privy or water-closet in said city, that they may deem

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against the healthfulness of the city, or deleterious to the proper sanitary condition of said city. The council is authorized to enforce this section by ordinances prescribing penalties for the refusal of anyone violating the same. The council may condemn any water-closet or privy, and order the owner to remove the same, and if, after three days' notice, the owner has not complied with such order, the marshal shall remove same at the cost of such owner. The amount to be collected from said owner as taxes are collected. Privies. Section 38. Be it further enacted, that the council of said city shall have the full power and authority to lay out a fire district in said city, and from time to time enlarge, change or make smaller the same, as to them may seem meet and proper; to prescribe when and how, and of what material, and building or structure may be built in said fire limits; to prescribe of what material the roof may be made, how thick, and how high the walls shall be, how thick, and of what material, and how high the chimneys or flues shall be made, and generally to do all things that may be necessary to prevent fires in said fire district. They shall have authority to require all persons whomsoever to submit to them for approval all plans and specifications of all buildings or structures before same are commenced to be erected or built within said fire limits, and by appropriate ordinances prescribe penalties for the failure so to do. They shall have power to order any building to be so arranged as to make it more safe from fire, and they shall have the right to change, remove or repair any chimney or flue within said fire limits that may endanger the property of another, and to assess the cost of the same against the owner. Firt districts. Building plans. Section 39. Be it further enacted, that the council shall have power and authority by ordinance or resolution to condemn as a nuisance and to remove any burned or untenantable

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buildings in said city, and to assess the entire cost of said removal against the property on which said building is located and against the owner thereof. They are hereby empowered to enforce the payment of said assessment for the removal of said buildings by execution against the property and the owner thereof, which said execution shall be issued and levied like executions for taxes under existing ordinances, or such as may hereafter be made applicable to the subject, and said property shall be sold in the same manner and shall be subject to all the incidents of purchase by the city and redemption by the owner as provided by Section 92-4401 of the Code of Georgia of 1933; Provided, however, that to an execution issued under the provisions of this section the defendant shall have the right to file an affidavit denying the whole or any part of the amount for which the execution is issued is due, and the reason why same is not due, which amount so admitted shall be paid before the affidavit is received, and said affidavit so received shall be returned to the Superior Court of Colquitt County and there tried, and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in cases of illegalities filed for delay. Untenantable buildings removed. Cost assessed against property. Enforcement. Illegality. Section 40. Be it further enacted by the authority aforesaid, that the council shall be authorized to provide by resolution, ordinance, or otherwise, suitable regulations for the drainage, sewerage, plumbing, and all that may be needful for improved sanitation, and provide means and agencies for the carrying out and enforcement of the same through the proper officers, and make all necessary inspections; to withold licenses for plumbing to any but competent persons, and to do all else that is or may be necessary to require compliance by individuals with the rules and regulations thus adopted, and shall have power to make alterations and amendments thereto as from time to time may be needed. Drainage, sewerage, plumbing, etc.

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Section 41. Be it further enacted, that said council be, and they are, hereby authorized to construct and lay down sewers through property in said city; Provided, that before doing so, any damages done to private property thereby shall be ascertained and paid. The manner of ascertaining the damages shall be the same made as in cases of opening streets and alleys, as set forth in Section 30 of this Act. Sewers. Section 42. Be it further enacted, that any and all persons owning or holding property of any kind, in any capacity, within the corporate limits of said city, on the first day of April each year, after the passage of this Act, shall return the same for taxation, under oath, at any time from April the first to June first, of each year, to the clerk of said city, or other officers authorized to receive tax returns for said city. The council of said city shall cause to be prepared a blank form or schedule for the return of all taxable property, with appropriate blanks and lines for property of every description, subject to taxation under the laws of this State; and each taxpayer and property owner of said city shall fill out said schedule, entering thereon all the property owned or held in any capacity by said taxpayer, or every kind and description, both real and personal, including money, notes and accounts, choses in action, mortgages, bonds, and stock of all kinds, not by law exempt from taxation. The full face value of all notes, accounts, mortgages, crop liens, stocks, bonds, and other investments and securities held by each taxpayer in said city, in his own right or as agent, trustee, guardian, executor or administrator, on the first day of April of each year, shall be returned, whether solvent or insolvent, and with the estimated value of all such notes, accounts, mortgages, stocks and bonds, and other investments and securities. Printed on each blank shall be the following oath, which the person making the return shall subscribe before the officer to whom said returns are made, or before some officer of this State qualified

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to administer an oath, to-wit: I do solemnly swear that the above and foregoing is a true and correct return of all the property, both real and personal, owned or held by me in any capacity whatsoever on the first day of April of the present year, subject to taxation in the City of Moultrie, including money on hand, notes, accounts, mortgages, choses in action, stocks, bonds, and other investments and securities, so help me God. Said tax returns shall, by the city clerk or other officer receiving them, be delivered, or caused to be delivered, to the city tax assessors hereinafter provided for, when they meet to make their assessment. Tax returns. Property scheduled. Valuation. Oath. Section 43. Be it further enacted, that the board of tax assessors of said city, as herein provided for, shall consist of three intelligent, upright, discreet citizens of said city, who shall be chosen by the council, the term of each tax assessor to be for a period of three years. The present tax assessors of the city of Moultrie shall continue in office as tax assessors of the City of Moultrie under this charter until the expiration of the term for which they were elected and until their successors are elected and qualified. At the first meeting of the council after the close of tax books for the year 1943, they shall elect a member of the board for a term of three to fill the place of the members whose term expires in 1943. Yearly, thereafter, immediately after the close of the tax books of said city said council shall elect a city tax assessor for the term of three years. In case of a vacancy on said board, said council may cause said vacancy to be filled by election at any time. In case said election for such assessor or assessors do not occur at the prescribed time, said council may elect said assessors at any time subsequent to said time. Said city tax assessor may at any time be moved from office by the council for any good and sufficient cause, to be judged of by said council. It shall be the duty of said tax assessors to assess the value of the real estate and personal property in said city for the purpose of

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taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officer receiving the same, and increase the value of the real estate or personal property when, in their judgment, the value placed thereon by the taxpayer is too small. The council shall have authority to prescribe rules for the government of said city tax assessors. Said assessors shall make a return of their work within thirty days after the tax returns are turned over to them; Provided, that the council may, if they see fit, extend the time in which said tax assessors shall have to make their returns. When said returns are made, said assessors shall appoint a time and place for hearing objections to their assessments, and the clerk of said city shall give notice to each party whose tax returns have been raised, ten days before the said hearing, stating the time of hearing and the increase so made by said assessors. This notice may be served personally on said taxpayer by the marshal or policeman of said city, or mailed to said person to his last known address, with postage prepaid. Said council shall have power and authority to provide, by ordinance, for asessing all property, both real and personal, not returned for taxation, and for double taxing tax defaulters. The city tax assessors shall take such oath and receive such pay as the council may prescribe. Said city assessors shall have power to require said taxpayer to furnish them a list of all notes, accounts, mortgages, stocks, bonds, gross insurance premiums collected and other securities and investments when, in their opinion, their production is necessary for a correct assessment; the council may prescribe penalties for such person so refusing to furnish such list when so required by said tax assessors, said punishment not to exceed fifty days in the guardhouse, or on the city chaingang, or a fine of one hundred dollars; any one or all of these may be assessed against such offenders. Tax assessors. Duties. Section 44. Be it further enacted, that the council shall

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have the power to fill any vacancy that may occur in any office under election or appointment of said council. Should any vacancy occur in the office of council or mayor, the remaining members may fill said vacancy by electing any citizen of said city, qualified to hold the office to such vacancy. Said officer so elected shall hold said office until the next regular election for members of council, when his successor shall be elected to fill out such unexpired term, as prescribed by Sections 5, 14 and 15 of this Act. Vacancies. Section 45. Be it further enacted, that the offices of the city clerk and treasurer may be held by the same person. It shall be the duty of the clerk to receive the tax returns, collect the taxes, licenses and business taxes, and special taxes, or licenses, fines and assessments made by the council. It shall be the duty of the treasurer to keep the different funds separate, make written monhly reports of the state of the different funds separate, make written monthly reports of the state of the different funds on hand, and condition of the treasury. It shall be the further duty of the clerk to attend all meetings of the council, to keep a correct docket of the recorder's court, which docket shall show the disposition made of each case tried by said recorder's court. Clerk's duties. Section 46. Be it further enacted, that the council shall have power to require of parties and witnesses such bonds as may insure their appearance, and to pass all ordinances necessary to carry this section into effect. They shall further have the right to forfeit and collect said bonds in the same manner as bonds are now forfeited in the State courts. Appearance bonds. Section 47. Be it further enacted, that the council shall be empowered and authorized, through a committee or by themselves, upon the suspension of the city manager, to examine into the working of, and business of, any officer, or conduct of any officer, and said committee, or the council

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conducting said examination, shall have power to send for such persons and papers, and compel the attendance of persons so summoned, swear witnesses, compel the production of such papers and all disclosures pertinent to such investigation. Authority of council over officers, etc. Section 48. Be it further enacted, that the council shall have the power to establish a fee bill for the officers of said city; said fees may be collected and turned into the treasury of said city, or may be paid to the officer so earning said fees, as the council shall, by ordinance, direct. Fees. Section 49. Be it further enacted, that all warrants, executions, precepts, or other processes, issued by the Mayor, or Clerk of said city, shall be directed to the marshal and all and singular the policeman of said city of Moultrie. Warrants, precepts, etc. Section 50. Be it further enacted, that the council shall have full power and authority to pass all by-laws and ordinances respecting public buildings and grounds, work houses, public houses, vehicles and conveyances of all kinds, pumps, wells, springs, fire engines, care of the poor, supervision of disorderly houses, houses of ill-fame, for the prevention and punishment of disorderly conduct, and conduct liable to disturb the peace and tranquility of any citizen or citizens thereof; and any other by-law, regulation and ordinance that they may deem proper for the security, peace, health, happiness, order and good government of said city. By-laws and ordinances. Section 51. Be it further enacted, that said council shall have full power and authority to prescribe, by ordinance, adequate penalties for all offenses against the ordinance of said city not hereinbefore provided for, and to punish offenses by imprisonment in the guardhouse of said city, or work on the chaingang of said city, for a term not exceeding fifty days, or a fine of not exceeding one hundred dollars; the officer trying said offender may, on conviction of said offender, impose any one or all of said penalties. Penalties.

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Section 52. Be it further enacted, that the recorder and and councilmen shall, to all intents and purposes, be a Justice of the Peace, so far as to enable them to issue warrants for offsenses committed in the City of Moultrie, and they shall have the right to commit to the Jail of Colquitt County, or admit to bail (provided the offense be bailable) for any violation of the State Laws. The jailer of Colquitt County is hereby required to receive all such persons so delivered to him by said authorities, and keep them as he does other persons committed to him. Recorder and councilmen ex officio justices of the peace. Section 53. Be it further enacted that the council has the right to revoke at any time any license that may be granted by them under the provisions of this charter for the violation of the laws and regulations granting same, or when it shall to them appear that it is to the best interest of the city so to do. Revocation of licenses. Section 54. Be it further enacted, that the council shall have the right and power to levy a tax of one-fourth of one per cent on all the taxable property in said city in case of an emergency, to be judged of by them, said levy to be added to the ordinary tax and collected in the same manner and used for the same purpose. Tax rate. Section 55. Be it further enacted, that the council shall have the authority to grant franchises, by proper ordinances, to any electric light company, telephone company, street railroad company, sewerage company, waterworks company, or other like utilities, or to grant same to any person or corporation under such restrictions and for such times as they may see fit, not to exceed forty years from the date of the granting of the franchise. Franchises. Section 56. Be it further enacted, that the council of said city shall have the right to pass ordinances and the power to enforce same, to take up and impound any horse, mule, asses, cows, hogs, goats, sheep, or other animals running at

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large in said city, and make and enforce all ordinances that may be necessary for the regulations and control of such animals in said city, and they shall have the power to levy a tax on each dog in said city, not to exceed one dollar per year and to enforce said tax as other taxes are enforced; in addition to which they shall have the right to pass ordinances requiring the inoculation of all dogs in said city against rabies, and ordering the police officers of said city to impound or kill any dogs which have not been so inoculated or for which the tax be not paid. Animals running at large. Section 57. Be it further enacted, that the accusation preferred against any offender may be in the following form, to-wit: State of Georgia, City of Moultrie: I,....., charge and accuse..... with the offense of..... (stating the offense fully) contrary to the laws of said city of Moultrie. Which offense was committed in said City of Moultrie on the..... day of.....19..... This may be signed by the marshal or any policeman, or by any party desiring the alleged offense inquired into. A sustantial compliance with the above accusation as to form and substance shall be sufficient. A copy of said charges shall be delivered to said accused on his demanding the same. He shall be considered to have waived copy of such charge unless he demands same. Accusations. Form. Section 58. Be it further enacted, that the council shall have the right to elect three citizens of said city to constitute a board of health, and said council shall have the right to carry out the recommendation of said board of health by proper ordinances, rules and regulations. Health board. Section 59. Be it further enacted, that the council shall have the right to establish a chaingang for said city for the purpose of working the streets, drains or any other work with the convicts of said city. And in case any person escaps, or attempts to escape from said chaingang, charges

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shall be preferred against him, and he may be tried in the recorder's court for said offense, and on conviction thereof the recorder may sentence said offender as prescribed by Section 51 of this Act. Chaingang. Section 60. Be it further enacted, that it shall be the duty of the clerk of said city council to keep open at his office a book for the registration of voters, alphabetically arranged, in which book all qualified voters of said city may register at any time up to the closing of said book ten days prior to each election. Said book shall be closed ten days immediately preceding each election, after which time no one shall be allowed to register until after said election. At all other times said book shall be open for registration of voters. No one shall vote in any election unless he has registered in said registration book within twelve months preceding said election. Before registering his name, as aforesaid, each person shall take the following oath, which oath may be written or printed at the beginning of said registration book, or at the top of the page on which said registration is had, to wit: I,....., do solemnly swear (or affirm) that I am twenty-one years old (or will be on the..... day of..... next), have resided in this state one year (or will have so resided in this state one year on the..... of..... next), and in this county six months (or will have so resided in said county six months on the..... day of..... next), and am a citizen of the City of Moultrie, Georgia. I have paid all poll taxes which have been required of me, and which I have had an opportunity to pay, so help me God. The registrar shall date the time of each name so registered. The clerk of said city shall make, or cause to be made and delivered to the manager of each election, an accurate alphabetical list of all the registered voters for that election. The Managers shall have the right to require said voter to take the above oath before allowing him to vote, even

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though his name appears on the list of registered voters furnished them by the clerk as above set forth. Registration of voters. Oath. Section 61. Be it further enacted, that fifteen days prior to the close of said registration books the clerk of said city shall run a citation for one issue in the official organ of said city, or if there be no official organ of said city, then the said clerk shall post on the door of the city council chamber in a conspicuous place, a notice calling the attention of the voters of said city to the fact that the registration books of said city are opened for registration at his office. Section 62. Be it further enacted, that if the said clerk, or other party having in charge said registration book, shall knowingly prevent anyone qualified to register, or shall likewise knowingly register anyone or allow anyone to register who is not qualified to register, he shall be subject to be punished on conviction therefore as prescribed by section 51 of this Act. Should anyone register, or attempt to register or vote, or attempt to vote illegally in such election, he, on conviction thereof, shall be likewise punished. Section 63. Be it further enacted, that there shall be exempt, to the head of a family, from all taxes due said city of Moultrie, beginning January 1st, 1943, three hundred ($300.00) dollars, of personal property, which property is defined to be all clothing, household and kitchen furniture and all other personal property, except motor vehicles not to exceed three hundred ($300.00) dollars in actual value. The person or persons entitled to said exemption shall claim the same on or before April 1st, of each year upon such forms, terms, and conditions as may be prescribed by the governing authority of said city. Tax exemption. Section 64. Be it further enacted that at the first meeting of council after their election, they shall provide what pay the mayor and councilmen shall receive for their services

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for the ensuing twelve months. In case they fail to fix the compensation of the Mayor and councilmen at said first meeting, they may do so at any subsequent meeting, but until a different rate of compensation is provided, the mayor and councilmen shall receive such pay as did their immediate predecessors. Mayor and councilmen's compensation. Section 65. There shall be created, as a part of the government of the City of Moultrie, a commission to be known as the city planning commission, which commission shall consist of six citizens to be appointed by the council with the city manager as an ex-officio member thereof. Planning commission. Section 66. Said commission shall have all the power hereinafter set forth, and, in addition thereto, such powers as may be proper and consistent with the organization and operation of said commission as may be established by ordinance passed by the council; and an office shall be provided for said commission at the city hall, if possible, at which to hold its meetings, transact its business, and keep its records. Said commission shall have the power and authortiy to employ consulting advice on municipal problems and such other help as may be necessary, and to pay for the services thereof, including disbursements incurred by its members in the performance of their duties under the direction of such commission, from which funds as may be pledged at the disposal of said commission by authority of the council. Powers. Office. Section 67. It shall be the duty of said commission and they have power to recommend or make suggestions to the council concerning the laying out, widening, extending, and parking and location of streets, sidewalks, boulevards; the relief of traffic conditions, congestion, and development of housing and sanitary conditions, and the establishment of zones or districts; suggestions concerning the use, height, area, and build of buildings or structures; to recommend to

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the council and all other public authorities plans for the future growth, development, and improvement of the municipality, and especially with regard to its public and private buildings, and works, streets, parks, grounds and vacant lots; and plans consistent with the future growth and development of the city, looking towards the proper sanitation and service by public utilities; and generally to do and perform any and all other acts and things necessary or proper to carry out the provisions of this Act; to study and propose such measures as may be advisable for the promotion of public interests, health, morals, safety, comfort, convenience, and welfare of said city. Duties and powers. Section 68. Said commission shall have authority to investigate and make recommendations concerning all plans for sewers, both sanitary and storm-water, where placed in any property or subdivision or lots which are intended to be sold. Said commission shall have authority to make recommendations to all parties, corportions, or public authorities with reference to the erection of buildings, structures, or work to be erected or remodeled, and such persons or authorities shall have authority to call upon the commission for a report as to the construction, placing, or designing of buildings or other structures and improvements or objects of art. Additional authority. Section 69. All officials of said city shall at all times render assistance to said commission when it calls upon them for such service. Section 70. The council shall make such appropriation for carrying on the work of said commission as it thinks proper in like manner and form as appropriations are made to other departments of the city. Said commission shall have authority to receive gifts, bequests, and devises of property, and to carry out the general purposes of same; and when such gifts, bequests or devises are made to said

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commission it shall have full, complete, and final control and disposition over same, and same shall not pass into the city treasury or otherwise be counted as a part of the revenue of the city. Appropriations. Gifts, bequests and devises. Section 71. Said commission shall prepare and submit to the council a comprehensive plan for zoning the city, for the purpose of suggestion the proper location of streets apartment houses, dwellings, and other uses of property, the height of buildings, the area of the lot, the provision of yard space, and the fixing of building lines. It is not intended by this provision to vest in said commission authority to finally control the location and operation thereof, but only to make suggestions which shall be given publicity, and to give the owners or builders the benefits of the suggestions, all looking towards the final betterment and improvement of the city, said final authority shall be vested in the Council. Comprehensive plan for zoning. Section 72. No ordinance or resolution authorizing any buildings, works, or improvements, where same is done by authority of the city or for the benefit of the city, shall be passed by the council unless same shall have first been submitted to the commission for its consideration and had report thereon. Afterwards the council may accept or reject the report; but it is the purpose of this provision to provide for a recommendation, either favorable or unfavorable, by the commission thereon, to wit, public buildings, as above stated, where undertaken by or on behalf of the City of Moultrie, except school buildings, viaducts, bridges, street fixtures, and other street structures and appurtenances; opening, widening, vacation or extension of any street. Ordinances to be first submitted to commission. Section 73. Where any ordinance or resolution relating to the matters just named are introduced in the council, the city clerk shall, upon its introduction, refer such ordinance or resolution to the commission, and the council shall not

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act thereon until report shall be made by the commissioners, as above stated; except where such report is delayed beyond a period of thirty days, the council may take it up and pass same without such report. Dut yof clerk. Section 74. Zoning regulations. The council may, in the interest of the public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment-houses, dwellings, or other uses of property, or for the purpose of regulating the height of the buildings or other structures, or for the area of dimensions of the lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the council shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession or other activity conducted or to be conducted upon the premises, the number of persons, families or other group units to reside or use buildings, the public, quasi-public, or private nature of the use of the premises or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Zoning regulations. Bases. Residence Sections. For the reasons above stated, said council shall have the further right and power, in any districts proposed to be set aside primarily for residence purposes, to further classify the use thereof and to provide therein the class or classes of residents to be housed therein and to provide therein such other and similar regulations

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and restrictions as shall secure the peace and good order of the city and the residents thereof. No such ordinance or amendment thereto authorized by either of the above sections shall be adopted except by four-fifths (4/5) vote of the council. Residence sections. Preparation of Plan: Notice and Hearings; Ordinance. No ordinance adopting zoning regulations as above authorized shall be passed until after a comprehensive plan for the zoning of the city has been prepared and submitted to the council by the city planning commission. Whenever the city planning commission shall certify to the council a plan for the zoning of the city, the council shall hold a public hearing thereon, and shall give notice of the time and place thereof in a newspaper in general circulation in the city; and during said time a copy of such plan and proposed ordinance shall be on file for public examination in the office of the city planning commission or any such other office as may be designated by the council. No ordinance, measure, or regulation which violates, differs, or departs from the plan or report submitted by the city planning commission shall take effect unless passed by a four-fifths (4/5) vote of the council. Comprehensive plan. Public hearings. Amendment of Zone Plan. The council may from time to time amend or change the regulations or district established by the zoning ordinance, but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall be first submitted to the city planning commission for approval or disapproval, and the city planning commission shall have been allowed a reasonable time, not less than thirty days for consideration and report. Whenever the owners of 50 per cent of the land in any area shall present a petition, duly signed and acknowledged, to the council, requesting an amendment of the regulation prescribed for such area, it shall be the duty of the council to vote upon such amendment within 90 days

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of the filing of same by the petitioners with the city clerk. Amendments. Board of Zoning Appeals. The zoning regulations shall be enforced and administered by the inspector of buildings under the rules and regulations of the board of zoning appeals. The council shall create and choose a board of zoning appeals, which board shall hear and decide appeals from, and review any order, requirement, decision, or determination made by, the inspector of buildings in the enforcement of the zoning regulations. The council may authorize the board of zoning appeals to administer the details of the application of any zoning regulations, and may delegate to such board, in accordance with general rules set forth in the zoning ordinance, power to permit exceptions to and variations from the zoning regulations, and to administer the zoning regulations as specified therein; or such administrative powers and functions may be delegated by the council, either in whole or in part, to the city planning commission, and the city planning commission when acting in accordance with such delegations shall be the board of zoning appeals. Appeals. Delegation of powers. Certiorari to review decision of board of zoning appeals. Every decision of the board of zoning appeals shall be subject to writ of certiorari issued from the Superior Court upon the same terms as such writs are issued in any case. Certiorari. Section 75. All persons holding office at the time this charter takes effect shall continue in office and in the performance of their duties until provisions shall have been made in accordance therewith for the performance of such duties or the discontinuance of such office. The powers conferred and the duties imposed upon any officer, commission, board or department of the city by the laws of the State shall, if such office, commission, board or department be abolished by this charter, be thereafter exercised and

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discharged by the office or department designated by the council unless otherwise provided herein. Pending the passage of an ordinance or ordinances distributing the work of departments and offices under the supervision and control of the city manager among specific divisions thereof, the manager may establish temporary divisions therefor. Present office holders. Section 76. Be it further enacted by the authority aforesaid that the enumeration of power contained in this Act shall not be construed as restrictive, but the City of Moultrie and its municipal authorities may exercise all powers, rights and jurisdictions as they might if such enumerations were not made, and the council may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare of said city, and where, under this charter, rights are conferred or powers granted, but the manner of exercising them is not fully prescribed the council may prescribe the method of exercising them, or they may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of this Act, nor the laws of the State. Enumeration of powers not restrictive. Section 77. Be it further enacted by the authority aforesaid that all ad valorem taxes due said city may be paid in quarterly or semi-annual installments at the option of the taxpayer, said payments to be made on estimates of the taxes levied for the previous year, properly divided as above provided, final adjustment to be made at the time taxes become due by law for each year. Said city may offer such reasonable discount on such prepayments as it may think wise. Taxes payable in installments. Section 78. Be it further enacted by the authority aforesaid that the governing authority or authorities of said city are authorized to make appropriations in any amount to the public school system of said city for all purposes whatsoever. School appropriations.

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Section 79. Be it further enacted by the authority aforesaid that said city shall have power by appropriate ordinances to issue anticipation revenue certificates, payable solely out of the receipts of its waterworks system, or its electric light system, or out of said systems jointly in their discretion; and said certificates shall not constitute a debt against said city within the provisions of Article 7, Section 7, Paragraphs 1 and 2 of the Constitution of the State of Georgia. Any such revenue certificates issued against receipts of its waterworks system, or against the receipts of its electric light system, or the joint receipts of both systems, shall be issued and validated in accordance with the provisions of the Revenue Certificate Law of 1937 (Acts 1937 p. 761 et seq.) as amended by Acts of 1939 p. 362 et seq. Anticipation revenue certificates. Section 80. Be it further enacted by authority aforesaid that any candidate for the office of councilman shall, upon qualifying with the Mayor, designate the particular councilman he opposes and the ballot shall so specify. Section 81. At the first meeting in the month of October following a regular municipal election the council shall choose a Mayor pro tem from their members. If a vacancy occurs in the office of Mayor, or in case of his absence or disability, the Mayor pro tem shall act as Mayor for the unexpired term or during the continuance of the absence or disability. In the absence of the Mayor and Mayor pro tem any of said councilmen so selected at the time may act as Mayor pro tem. Mayor pro tem. Section 82. Be it further enacted by the authority aforesaid that said city shall have the power to levy and collect a street or capitation tax on all residents of the city, and also a tax on all the property within the corporate limits of said city, which is subject to State tax under the Constitution and Laws of this State, and upon all trades, businesses,

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callings, professions, sales, labor, pursuits, which are legal subjects of taxation as they may deem expedient and may enforce payment of the same by license or direct tax, in such manner as the said city herein created may determine to be the best and most advantageous; also, to impose, assess, levy and collect taxes on capital invested in said city, on stocks of corporations, choses in action, and on such incomes and commissions derived from the pursuit of any profession, faculty, trade or calling, banks, insurance, express and other corporations, associations and agencies, and all other property and sources of profit as are not expressly prohibited or exempt by the laws of this State or of the United States; but all taxation on property shall be uniform on the same class of subjects, and ad valorem on all property subject to be taxed in said city; and the power and authority to raise by assessments and taxes revenue for all lawful city purposes and powers herein defined and for all objects and purposes for which revenue may be raised now by said city. Taxing power in general. Section 83. Be it further enacted by the authority aforesaid, that nothing in this Act contained shall operate to affect or repeal the Act of the General Assembly of Georgia approved December 11, 1896, entitled: Act to establish a public school system for the City of Moultrie, Colquitt County, Georgia; to provide for the raising of revenue to maintain said schools; to authorize and require the county school commissioners to pay to the corporate authorities of said City of Moultrie such part of the State school fund as may be the pro rata share of all children attending and eligible to enter said schools; to provide buildings for said schools, and for a board of Commissioners and other officers of said schools, and for other purposes named therein, as amended by subsequent Acts of the General Assembly, which said Acts are hereby declared to be, and remain, of full force and effect. Act of 1896 not affected.

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Section 84. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 3, 1943. MOULTRIE TAXING POWER. No. 395. An Act to amend an Act of 1943, creating and establishing a new charter for the City of Moultrie by striking therefrom all provisions for the levying of a sales and an income tax; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that Paragraph 82 of the Charter of the City of Moultrie, Georgia, established under the Acts of 1943, be, and the same is hereby amended in said section 82, by striking from said section the following words: Also, to impose assess, levy and collect taxes on capital invested in said city, on stocks of corporations, choses in action, and on such incomes and commissions derived from the pursuit of any profession, faculty, trade or calling, banks, insurance, express and other corporations, associations and agencies, and all other property and sources of profit as are not expressly prohibited or exempt by the laws of this State or of the United States; so that said section 82 as amended shall read as follows: Act of 1943 amended. Words stricken. Section 82. Be it further enacted by the authority aforesaid that said city shall have the power to levy and collect a street or capitation tax on all residents of the city, and also a tax on all the property within the corporate limits of said city, which is subject to State tax under the Constitution and Laws of this State, and upon

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all trades, businesses, callings, professions, labor, pursuits, which are legal subjects of taxation as they may deem expedient and may enforce payment of the same by license or direct tax, in such manner as the said city herein created may determine to be the best and most advantageous; but all taxation on property shall be uniform on the same class of subjects, and ad valorem on all property subject to be taxed in said city; and the power and authority to raise by assessments and taxes revenue for all lawful city purposes and powers herein defined and for all objects and purposes for which revenue may be raised now by said city. Sec. 82 as amended. Section 2. All laws and parts of laws in conflict hereof are hereby repealed. Approved March 19, 1943. OGLETHORPE CHARTER AMENDMENTS. No. 58. An Act to amend an Act approved November 28, 1900 (Ga. Laws 1900, pages 394-402) as amended by that Act approved August 22, 1907, relating to the charter of the Town of Oglethorpe and by amendment changed to the City of Oglethorpe by striking from said Act of November 28, 1900 Section 5 thereof, relating to the registration and qualification of voters in the City of Oglethorpe, and substituting a new Section 5 providing that the mayor and council of Oglethorpe shall by ordinance provide the qualifications for voters in said City of Oglethorpe and the manner in which they may register and vote, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 5 of an Act approved November

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28, 1900 (Ga. Laws 1900, pages 394-402) be stricken from said Act and a new Section 5 is hereby enacted as follows: Sec. 5 of Act of 1900 stricken. Sec. V. Be it further enacted by the authority aforesaid, That the Clerk of said Town shall be ex-officio registrar of said town, and shall open his books of registration thirty days before each regular or special election for the registration of the qualified voters of said town, which book or books shall be kept open from 9 o'clock a. m. till 5 o'clock p. m. each and every day except Sundays and legal holidays, until five days before the election, when said book or books shall be fairly and absolutely closed. The mayor and council of said City of Oglethorpe shall provide by ordinance or ordinances the qualifications to be required of voters in voting in any municipal election of said City and the manner in which said voters may register and vote. New Sec. 5. 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 13, 1943. PALMETTO OFFICERS' AND EMPLOYEES' COMPENSATION. No. 321. An Act to amend an Act entitled An Act to create a new Charter for the Town of Palmetto in Campbell (now Fulton) County, Georgia; prescribe its powers and duties, and to repeal all acts heretofore passed creating a Charter for said Town or amending the same, and for other purposes, approved August 7, 1920, by granting to the Mayor and Council of said Town the power to fix

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the salaries of the officers and employees of said town, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act entitled An Act to create a new charter for the Town of Palmetto in Campbell (now Fulton) County, Georgia; prescribe its powers and duties and to repeal all acts heretofore passed creating a charter for said town or amending the same, and for other purposes, approved August 7, 1920, be and the same is hereby amended by striking Section 15 of said Act and substituting in lieu thereof a new section to be numbered 15, and to read as follows: Act of 1920 amended. Sec. 15 stricken. Section 15. Be it further enacted that the Mayor and Council of the Town of Palmetto shall prescribe all duties required of the officers of said town in addition to those prescribed in this Act, confer on them all such powers, duties and liabilities not in conflict with the laws of this State, as they may deem proper; provide for their removal from office, and fix their compensation; Provided, however, that the salary of the Superintendent of the Water and Lights Department shall not exceed $150.00 per month, and the salary of the policemen shall not exceed $125.00 per month. New Sec. 15. 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 15, 1943.

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PALMETTO SALE OF PUBLIC UTILITIES. No. 320. An Act to amend an Act approved August 15, 1927 amending the Charter for the Town of Palmetto in Fulton County, (formerly Campbell County), Georgia, by striking from said Act Section 5 thereof and substituting in lieu thereof a new section providing that the electric and steam plant, distribution lines, etc., of said town may not be sold except upon the assent of two-thirds of the qualified voters of said town voting at an election for that purpose to be held as prescribed by ordinance, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act to amend an Act approved August 15, 1927, amending the charter for the Town of Palmetto in Fulton County, (formerly Campbell County), Georgia, be amended by striking from said Act Section 5 thereof and substituting in lieu thereof a new section to be numbered 5, and to read as follows: Act of 1927 amended. Sec. 5 stricken. Section 5. Be it further enacted by the authority aforesaid, that the Mayor and Council of the Town of Palmetto be and they are hereby authorized and empowered to sell, lease or dispose of the complete electric and steam plant, distribution lines, water works system and all equipment, apparatus, and property whatsoever, connected therewith and used as a part thereof belonging to said town and to cease operation of such utilities and to convey good and clear title thereto by deed or contract executed by its Mayor, provided that before so doing said Mayor and Council shall, by ordinance, call an election to determine said question, not more than sixty (60) days nor less than thirty (30) days after the passage of

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such ordinance. Prior to said election the terms and conditions of such proposed sale, lease or disposition shall be advertised once a week for four weeks in a newspaper having general circulation in said town. If at said election two-thirds of the qualified voters of said town voting at said election shall vote in favor of said proposal, the authority of the Mayor and Council to sell, lease or dispose of said property upon the terms advertised shall be complete provided the two-thirds so voting at such election shall constitute a majority of all the registered voters of said town. New Sec. 5. 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 15, 1943. PEARSON CHARTER AMENDMENTS. No. 76. An Act to amend Sec. 5 and Sec. 6 of the 1916 Charter of the City of Pearson, Georgia (Ga. Laws 1916, pages 852-874 at page 854), so as to provide for the filling of vacancies in Mayor and Council and to change the salary for Mayor; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That Sec. 5 of the 1916 city charter of Pearson, Georgia, as enacted by the General Assembly in 1916 (Ga. Laws 1916, pages 852-874 at page 854), is hereby amended by striking the following paragraph of Sec. 5: Sec. 5 of Act of 1916 amended. All vacancies of Mayor and Councilmen shall be filled by elections called in the same manner Stricken portion.

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and adding in place of said stricken paragraph the following amendment: All vacancies of Mayor shall be filled by Council, and vacancies of Councilmen shall be filled by the Mayor and Councilmen, to fill out the unexpired term of said vacancy in office. Added portion. Section 2. That Sec. 6 of said charter of the City of Pearson, Georgia (Ga. Laws 1916, pages 852-874 at page 854) be, and the same is hereby amended by adding the following paragraph to same: Sec. 6 amended. That the Mayor of the City of Pearson, Georgia, shall be paid a salary of not more than $25.00 nor less than $10.00 per month, and the salary to be set by a majority of the Council, during the term of his office and that he shall hold no other city office and receive no other remuneration from the city while in office; and that the Mayor and Councilmen shall take office on the 1st day of January succeeding their regular election, and hold office for a term of two years. Mayor's salary. Section 3. Be it further enacted that all laws or parts of laws in conflict with these amendments be, and are hereby repealed. Approved February 16, 1943. PELHAM ZONING AND PLANNING LAWS. No. 71. An Act relating to the City of Pelham, Georgia to authorize the Mayor and Council of said City to pass zoning and planning laws whereby said City of Pelham may be zoned and districted for various uses and other or different uses prohibited therein; to regulate the use or

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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, 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 Pelham, Georgia, through its Mayor and Council is authorized: to pass laws or ordinances whereby said City of Pelham, 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 and planning laws and ordinances. Section 2. The authority hereby given to the City of Pelham, 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. Constitutional authority. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 16, 1943. PEPPERTON TERRITORIAL EXTENSION. No. 136. An Act to amend an Act incorporating the Town of Peperton, approved November the 29th, 1897, and all amendments thereto, so as to change and define the limits of said Town of Pepperton and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

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Section 1. That the Act incorporating the Town of Pepperton, approved November the 29th, 1897, and all Acts amendatory thereof defining the limits of said Town of Pepperton, be, and the same are, hereby amended, so that as amended said limits shall be defined as follows: Act of 1897 amended. Beginning at the northwest corner of Pepperton Cemetery at an iron stake and extending west Five Hundred and fifty (550) feet to the northern boundary line of the right-of-way of public road, designated as State Aid Route No. 16, thence north along the boundary line between the lands of T. E. Watkins and Pepperton Cotton Mills two thousand seven hundred and fifty (2750) feet to the lands of G. E. Mallet, thence west along the boundary line between G. E. Mallet, and Pepperton Cotton Mills thirteen hundred and sixty (1360) feet to the land line of Mrs. Ida. Hendrick, thence south along the boundary line between Mrs. Ida Hendrick and Pepperton Cotton Mills two thousand two hundred and fifty (2250) feet to the northern boundary line of public road right-of-way, designated as State Aid Route No. 16, thence in a westerly direction along the northern boundary line of the right-of-way of public road, designated as State Aid Route No. 16, seven hundred and forty (740) feet to the incorporated limits of the City of Jackson, Georgia, thence south along the north-south boundary line of the City of Jackson, Georgia, one thousand five hundred and ninety-one (1591) feet to the lands of Dr. B. F. Watkins, thence east three hundred and thirty-five (335) feet to the southern boundary line of the right-of-way of public road, designated as State Aid Route No. 42, thence in an easterly direction along and around the southern boundary line of the right-of-way of said public road, designated as State Aid Route No. 42, two thousand one hundred and eighteen (2118) feet, thence north one

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thousand five hundred and thirty-two (1532) feet to the point of beginning. Territorial limits defined. Section 2. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 22, 1943. RINGGOLD NEW CHARTER. No. 328. An Act to create and establish a new charter for the Town of Ringgold in the County of Catoosa, State of Georgia, and to re-incorporate said town under the name of the Town of Ringgold and to define its territorial limits; to reenact, with certain and various changes, and confirm and continue in operation, except as changed by the provisions of this Act, the Act approved December 29, 1899 (Georgia Laws 1899, page 259, as amended by an Act approved July 29, 1925, Georgia Laws 1925, page 1387) establishing a new charter for said Town to Ringgold; to create a municipal government for said town; to vest in said Town of Ringgold all properties and rights of the former Town of Ringgold; to confirm the title of said town to all property heretofore acquired in any way; to authorize said town to 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 Ringgold shall be binding in the Town of Ringgold hereby incorporated; to provide that the present Mayor and Aldermen, and all subordinate officers and employees of the Town of Ringgold 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

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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 qualifications 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 purging of disqualified voters' names from the registration book and voters' lists 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 law 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 Ringgold and to confer upon said town all necessary authority to assess, levy and collect ad valorem taxes on all property taxable therein for the purposes allowed by State law, and to provide for a 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

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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 and 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 streets, lanes, alleys, passageways and crossings 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

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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 the 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 charged 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 issure payment of such bills, and providing two methods of securing collections 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 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

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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 restricted; 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. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. Corporate Name. That from and after passage of this Act the Town of Ringgold, in the County of Catoosa, 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 Ringgold, 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, powers and property and easements heretofore belonging to the Town of Ringgold are hereby vested in the Town of Ringgold, created by this Act, and the Town of Ringgold by and in that name may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact by and through

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the Mayor and Aldermen of said Town of Ringgold 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. General powers. Section 2. Territorial Limits. That the corporate limits of the said Town of Ringgold shall be the circumference of a circle whose center is the northeast corner of the present Catoosa County Court House and whose radius is one mile, excluding, however, from said corporate limits all of the area which lies across and beyond Chickamauga Creek with its meanderings as the same now runs; with the further proviso that all land acreage consisting of three acres or more that is now being used or may hereafter be used for agricultural purposes within said limits but shall be exempt from taxation by the authorities of said municipality. Territorial limits defined. 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 Ringgold and the citizens thereof in perpetuity, or for any term of years, any estate, real or personal and every kind and nature within or without the corporate limits for corporate purposes; also to have and to hold all property now belonging

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to the town in its 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 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 Ringgold; 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. Municipal government. Mayor and aldermen. Powers in general. 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, airships, livery stables, sales stables, warehouses, storehouses, 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,

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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 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. Legistrative functions. Section 5. Election of Mayor and Aldermen. Be it further enacted that on the first Monday in December, 1943, and each and every two years thereafter, an election shall be held at which election a mayor and five aldermen shall be elected who shall take office on January 1st, after said election and who shall hold their office for a period of two 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 fifteen 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. Elections. 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 persons 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. Qualifications for Mayor and Aldermen.

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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: I do solemnly swear that I will to the utmost of my ability faithfully discharge my duties as mayor (or as alderman as the case may be) of the Town of Ringgold during my continuance in office, so help me God. Oaths. 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 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 Catoosa 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 a permanent

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registration book of the electors of Ringgold 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 Ringgold for six months and am qualified to vote for the members of the State Legislature in the County of Catoosa. 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 a 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 its 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 fifteen-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

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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 for fifteen 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 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 fifteen (15) 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 five (5) days 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

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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. Registration of voters. 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 officer and by two (2) freeholders or by three (3) freeholders, residents of said town to be selected by the Mayor; before entering into the duties as managers they shall take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election, that we 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 two dollars ($2.00) each as compensation for holding such election. The polls in all elections 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 lists of voters, together with the ballots, shall be placed by the managers in an envelope or box and sealed

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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 sail 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 which same may be destroyed. The Mayor and Aldermen of said town are 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. Election managers. 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. 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

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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 see that the laws of the town are executed and that the officers of said town are faithful in the discharge of their duties. He shall cause the books and records of said town and of its officers to be inspected; and shall have control of the marshal and police 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 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 or 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 caseof a tie. 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. Duties and powers of Mayor. Section 18. Malpractice in Office. Be it further enacted

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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 Catoosa 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, who may be one of the Aldermen of said town and whose term of office shall be for two (2) years 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

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as his deputy to whom he may delegate all powers conferred upon 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 Ringgold, 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. Duties. Bond. 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 suerties 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 offices 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 Catoosa, 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

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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 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 Twon of Ringgold; 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 marshal 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 marshal shall be fixed and determined annually by the Mayor and Aldermen. Marshal. Bond. Deputies. Duties. 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 Ringgold 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

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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 in enforcement of its sentences as they may be required by ordinances of said town or by the orders of the presiding officer of said court. Sessions. Clerk. (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 five (5) days, either or both or any part of either or both in the discretion of said court. Contempts. (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 defender to pay a fine not exceeding fifty ($50.00) and to imprisonment in the town jail or in the common jail of Catoosa 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

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in the same manner as ad valorem tax executions are enforced. Sentences. Costs. (e) All cases made in said court shall be in the name of the Town of Ringgold; all warrants for offenses against the law and ordinances of said town shall be signed by the presiding officer of said court or the mayor of said town or some officer authorized by law to issue State warrants; and all other processes of said court, including 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. Procedure. (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 Catoosa County for trial, to assess bail for his appearance, and to commit to the jail of Catoosa County in default of bond. Additional powers. (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 subpoenaed by a defendant. Witnesses. (h) Said court shall have the power to fix bail, accept bonds for the apperance 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 Ringgold. Said court shall have the power to issue

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warrants for the rearrest of any defendant whose bond has been forfeited. Bonds to appear. (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 the functions of said court and the enforcement of its judgment. Court rules. 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 Catoosa 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 Ringgold 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

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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 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 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 Ringgold 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. Bonds to appear. 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. Municipal finances. Section 29. Remission of Sentences and Fines. Be it further enacted that the mayor of said Town of Ringgold 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

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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. Suspension of sentences. Section 30. Counsel. Be it further enacted that all persons put on trial in the mayor's court shall have opportunity to employ counsel, if they so desire. Right of counsel. Section 31. Taxes. Be it further enacted that the mayor and aldermen 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. Ad valorem 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

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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. Tax returns. Section 33. Tax Assessor. Be it further enacted that the 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, who may be one of the aldermen alected. 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 his 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 its fair market value; and it shall be his duty to examine the tax returns made to him by property owners and to assess and increaae 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 its real estate or personal property, as hereinbefore 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 its 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

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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 taxpayer and this shall constitute legal notice to such taxpayer. Tax assessor. Compensation. Oath. Duties. Assessments. (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 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 its fair market value. Appeals. (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. 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 December

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1st in 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 cost for issuing and levying such tax executions shall be the same as allowed 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. Sinking fund. 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

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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 three dollars ($3.00) 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 beforehand 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 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 Ringgold 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,

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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, sawmills, planning mills; also auctioneers, peddlers and pawnbrokers; 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, cottonseed, all kinds of farm products; and all businesses, occupations, professions, callings, trades or avocations which under the laws of this State are subject to license; and said Mayor and 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 taxpayer or person liable, and shall take rank and be enforceable by execution in the same manner as ad valorem taxes due said town; and said town may require the registration of 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;

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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 tax. Occupation tax and licenses. 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 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 of licenses. Section 39. Bond Issues. Be it further enacted that said Town of Ringgold shall have power to issue and sell interest-bearing negotiable bonds of the municipality for the purpose of purchasing lands, buildings, erecting buildings, improving property, 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 furnishings

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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. 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 hereinbefore 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. Additional tax to reire bonds. Section 41. Sewerage. Be it further enacted that the

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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 Ringgold, 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 system. Section 42. Utility Service Powers. Be it further enacted that the Mayor and Aldermen of said town of Ringgold shall have full power and authority to furnish water, electric 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 waterworks and sewerage, a system of electric lights and power lines, a system for the manufacture of heat and 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 contact 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 furnished such service to non-residents. Public utilities. Section 43. Collection of Charges for Public Utility Services. Be it further enacted that the Mayor and Aldermen of the Town of Ringgold 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

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methods as the Mayor and Aldermen may provide. The following methods of collection may be adopted: Enforcement of public utility charges. (a) By making said charges for water, electric energy, gas, heat, and sewer service, a charge upon the property or real estate served, and in case prompt payment is not made for any such service they may provide that the water, electric light and power energy, gas, heat or sewer 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. (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

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to furnish such service at the new place of residence unless and until all past due accounts are paid in full. (c) Said Mayor and 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. (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. 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 or other passageways 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

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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. Domestic animals. 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. Sanitation and public health. Section 47. Tax Executions, Costs and Sales. Be it further enacted that the taxes on property levied by the Town of Ringgold shall be due and payable on January 1st of each year for the preceeding 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 Catoosa 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 executions. Costs. Tax sales.

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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 Ringgold 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 outcry under the laws governing sheriff's sales to the highest bidder for cash before the Court House door of Catoosa 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 (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 Catoosa 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

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other usual provisions in deeds executed under sales for taxes and other executions in favor of the Town of Ringgold shall be evidence of the facts recited. Redemption. 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 Catoosa Superior Court or the Justice Court of the 1149th District G. M. Catoosa County, accordingly as the jurisdiction thereof may be. Claims and 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 punished even though not designated as a nuisance by ordinance. Nuisances. 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 taxicabs 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. Trains, busses, etc. 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

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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 or the Catoosa County jail 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. Jail. Section 53. Power Over Streets, Paving. Be it further enacted that the Mayor and Aldermen of the Town of Ringgold shall have the power and authority to open, close, lay out, widen, straighten or otherwise change the streets, alleys, sidewalks, crossings or other passageways of said 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 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 passageways 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

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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 executions 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. Street paving and improving. 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 its 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 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 chimneys, stove pipes or flues and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the 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

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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 and fire control. 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 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 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 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 or 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

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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 Catoosa County. Zoning laws and regulations. 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 Ringgold created by this Act by the general laws of said State, and to others theretofore 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 enumerated. (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 infectious, contagious or dangerous diseases in said town; to regulate toilets, toilet facilities and cesspools; (b) To create and elect a Board of Health in said town and to prescribe its powers and duties, to fix its compensation, and to maintain said board; to provide for the quarantine in and treatment of contagious diseases, either in or outside of town, and to cooperate in the management and control of any public hospital or clinic for treatment generally of diseases and accidents and to contribute money to the same; to provide aid for the needy poor of said town; (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

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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; (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; (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; (f) To prevent or condemn encroachments or obstructions in, upon, or over any sidewalk, street or alley, and to require removal of such; (g) To grant franchises, easements and rights-of-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 business in said town in any manner not in conflict with State of Federal law; (h) To establish, equip and maintain a fire department, such fire department to be within the control and regulation of the mayor and aldermen; (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;

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(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; (k) To prescribe and regulate the use of its streets, and to classify said streets and regulate the use thereof, according to such classification; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle or conveyance on the public streets, sidewalks or ways of said 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; (l) To suppress and prohibit houses where illegal, immoral or disorderly practices are had; (m) To lay out and open streets and alleys in said town and to change the grades thereof; (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 collections and payment into the town treasury; (o) To require connection with water and/or sewerage by property owners whose property abuts on streets having water and/or sewer mains thereof; (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.

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Section 57. Condemnation Powers. Be it further enacted that the mayor and aldermen of the Town of Ringgold shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks or playgrounds; for rights-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, reservoir 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 prooerty by towns and cities, and as contained in the Georgia Code of 1933, Section 36-301, et seq. Condemning private property. 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 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

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for the use of said town or the citizens thereof, or for any other lawful purposes. Refunding bonds. 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 Ringgold, created by this Act. Ordinances of force. 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 effect or destroy the validity or constitutionality of any other section, provision, clause or part of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the provisions, clause or part so held to be invalid or unconstitional. Invalid parts. 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 Ringgold, 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 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. Enumeration of powers not restrictive.

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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. 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. Approved March 15, 1943. ROCHELLE CHARTER AMENDMENTS. No. 279. An Act to amend an act establishing the City of Rochelle approved August 10, 1909 (Georgia Laws 1909, pp. 1235-1253), to provide that the City may assess property in rem that has not been returned for taxation, and may issue an execution in rem for the enforcement and collection thereof; to provide that the Marshal shall have the authority to place purchaser of a tax deed in possession of the property so purchased, 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 that the Charter of the City of Rochelle as granted by the Act approved August 10, 1909, (Georgia Laws 1909, pp. 1235-1253), be and the same are hereby amended by adding thereto a new section known as Section 32, to read as follows: Act of 1909 amended. New section added. Section 32. Be it enacted by the authority aforesaid that any case where real estate in the City of Rochelle is not returned for taxation or in any case where the owner or owners of any real estate are unknown, the tax assessing

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authority of said City may assess the property in rem, an execution therefor shall issue in rem and the enforcement and collection thereof shall in all respects be the same as is now provided by law for the levy, sale, and collection of taxes due said City of Rochelle. Sec. 32. Assessments in rem. Section 33. Be it further enacted by the authority aforesaid that the Act approved August 16, 1909, (Georgia Laws 1909, pp. 1235-1253), be and the same is hereby amended by adding thereto a new section to read as follows: The Marshal of the city of Rochelle shall from and after the passage of this Act have the authority to place the purchaser of property conveyed by a tax deed in possession of the premises of property so purchased. Upon a written demand by said tax deed owner, after the expiration of the redemption time now fixed by law or the redemption time that may be hereafter fixed by law. New section added. To read. Section 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act, be and the same are, hereby repealed. Approved March 9, 1943. ROCKMART PLANNING COMMISSION. No. 331. An Act to amend an Act of the General Assembly of Georgia, approved August 15, 1904, entitled: An Act to amend, consolidate and supersede the several acts incorporating the Town of Rockmart, in the county of Polk, to confer additional powers upon the corporate authorities therefor, and otherwise amend the charter of said town; to provide a new charter for the town of Rockmart, and for other purposes, and the several acts

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amendatory thereof, by creating in and for said City of Rockmart, a Board to be known as the Rockmart Planning Commission to consist of three members to be appointed and designated by the mayor and council; and by delegating to said Rockmart Planning Commission the right, power, and authority to create and designate zones and districts in said municipality for various uses and purposes, and prohibiting other and different uses thereof; and by delegating to said Rockmart Planning Commission the power and authority for the enactment and passage of zoning and planning rules, regulations and ordinances, regulating buildings, the use of buildings, and the use of property for buildings in any and all zones and districts created under the authority of this Act; and to provide that said Rockmart Planning Commission shall have the right and authority to alter, change, and modify any zone or district created by said Commission, and to pass such rules and regulations as it may deem right and proper and just regulating the erection, alteration, and use of any building or structure in any zone or district created by it, and to provide a penalty for the violation of any such rule or regulation, said penalty to be the same as provided in Section 82 of the Ordinances of said City of Rockmart, and in addition thereto provide that the erection, maintenance and use of any building or structure in any zone or district in violation of the rules and regulations of said Rockmart Planning Commission shall constitute a nuisance and abatable as provided by the laws of Georgia in cases of nuisances in municipalities; and to provide that before the erection, change, or modification of any building or structure in any zone or district created as provided in this Act a permit shall be obtained from the said Commission therefor, and such fee paid therefor as may be fixed by said Commission, or by the mayor and council of the City of Rockmart; and

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to provide that the clerk of the City of Rockmart shall act as clerk of the Rockmart Planning Commission and shall keep and preserve all records, rules, regulations, ordinances and minutes of the acts and doings of the said Commission, records to be kept at the office of the clerk of the City of Rockmart, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the Act of the General Assembly of Georgia, approved August 15, 1904, entitled: An Act to amend, consolidate and supersede the several acts incorporating the Town of Rockmart, in the county of Polk, to confer additional powers upon the corporate authorities thereof, and otherwise amend the charter of said town; to provide a new charter for the town of Rockmart, and for other purposes, and the several acts amendatory thereof, be and the same are hereby amended as follows: Act of 1904 amended. Section 1. Upon the passage of this Act there is hereby created and established in and for the City of Rockmart, in the County of Polk, a Board to be known as the Rockmart Planning Commission to consist of three members to be appointed and designated by the mayor and council of said City of Rockmart for such term as may be fixed by said mayor and council. Commission of three. Section 2. Be it further enacted by the authority aforesaid that said Rockmart Planning Commission shall have the right, power, and authority to create, establish, and designate zones and districts in said city of Rockmart for various uses and purposes and to prohibit other and different uses in said zones and districts. Zones and districts. Section 3. Be it further enacted by the authority aforesaid that said Rockmart Planning Commission shall have the right, power and authority to enact and pass zoning

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and planning rules, regulations and ordinances regulating buildings, the use of buildings, and the use of property for buildings and structures in any and all zones and districts created by said Rockmart Planning Commission under the authority of this Act. Zoning plans. Section 4. Be it further enacted by the authority aforesaid that said Rockmart Planning Commission shall have the right, power, and authority to alter, change, and modify any zone or district created by said Commission under the authority of this Act, and to pass such rules and regulations as it may deem right and proper and just regulating the erection, altering, and use of any building or structure in any zone or district created and established by said Commission, and to provide a penalty for the violation of any such rule or regulation so passed, which said penalty shall be the same as prescribed in Section 82 of the Code of the City of Rockmart for the violation of the ordinances of said city as mentioned in said Section and under Chapter 13 of said Code of the said City of Rockmart. Regulations. Panalty for violation. Section 5. Be it further enacted by the authority aforesaid that the erection, maintenance and use of any building or structure in any zone or district created and established by said Rockmart Planning Commission in violation of the rules and regulations of said Commission passed and enacted under the provisions of this Act shall constitute a nuisance, and shall be subject to abatement as provided by the laws of Georgia for the abatement of nuisances in cities and municipalities of said State, or by any other legal method provided by the laws of said State. Nuisances. Abatement. Section 6. Be it further enacted by the authority aforesaid that before the erection, change, or modification of any building or structure in any zone or district created and established as provided in this Act, a permit shall be obtained therefor from the said Rockmart Planning Commission,

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and such fee paid for such permit as may be fixed by said commission, or by the mayor and council of the city of Rockmart. Building permits. Section 7. Be it further enacted by the authority aforesaid that the mayor and council of the city of Rockmart shall have the right, power, and authority to pass and enact any ordinances providing that any person, partnership, firm, or corporation convicted of the violation of any rule or regulation passed by the Rockmart Planning Commission under the authority and provisions of this Act shall be tried in the Recorder's Court and shall be fined, upon conviction, a sum not to exceed $100.00 or in lieu thereof to work on the public streets of said City for a period of time not to exceed sixty days; however, this authority shall not abridge the rights of appeal from the Recorder's Court to a trial before the mayor and council and rights of certiorari as now provided for appeals and certioraries, all as provided by law of the State and ordinances of the city of Rockmart. Trial for violations. Section 8. Be it further enacted by the authority aforesaid that the mayor and council of the city of Rockmart shall, in appointing and designating the three members of the Rockmart Planning Commission, name and designate the period of time each member of said Board shall serve; and, in the event of a vacancy in the membership of said Board for any reason, the mayor and council of said city of Rockmart shall have the right and authority to fill such vacancy by appointment. Said Rockmart Planning Commission shall have the right to elect its own chairman to preside over its meetings. All acts and doings of said Commission shall be promulgated and acted upon only when all members are present, however, concurrence of any two of said Commissioners shall constitute sufficient approval or rejection of any proposition or matter before the Commission. All meetings of the Rockmart Planning Commission

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shall be held in the Clerk's office of the City of Rockmart, and the said clerk of the city of Rockmart shall act as clerk for the said Commission and shall keep accurate records and minutes of all official meetings of said Commission and shall receive all applications, papers, documents and records and shall present such papers, documents, applications, records, and all other papers and information to the Commission when requested to do so by the said Commission. Term of service. Vacancies. Meetings. Section 9. Be it further enacted by the authority aforesaid that before any zone or district is created and established by said Rockmart Planning Commission, as provided in this Act, and before any zone or district so established shall be changed, altered, or modified, notice of such proposed action of the said Commission shall be given by publication once a week for four weeks in The Rockmart Journal, or such other newspaper published in the city of Rockmart. Said notice shall contain information as to the territory to be included in any zone or district, changes or alterations to be made in any zone or district relative to buildings, structures, and property, and the use thereof, and shall specify the time and place of the meeting of the Rockmart Planning Commission at which such proposed action will be considered, thereby giving opportunity to all persons who may be interested in the creation and establishment of said zone or zones proposed to be created, altered, or changed, and the restrictions to be imposed in any zone or district to be heard thereon. Notice by publication. Contests. Section 10. Be it further enacted by the authority aforesaid that said Rockmart Planning Commission shall keep a record of all its acts and doings in books to be provided by the city of Rockmart and said books and records shall be kept in the office of the Clerk of the city of Rockmart, in which zones and districts created by said Commission shall be plainly described, and in which the rules and regulations passed by said Commission relative to each zone or district

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shall be recorded, and which said books and records shall be open at all times to the inspection of the public or anyone interested therein. Records. Section 11. Be it further enacted by the authority aforesaid that should the erection, maintenance, or use of any building or structure within any zone or district created by the Rockmart Planning Commission under the authority of this Act constitute or become a nuisance, either public or private, as defined by the laws of Georgia, nothing in this Act shall abridge the right of any person or persons, or the public, injured thereby, to proceed against the person or persons responsible for the same by injunction, or by any other method prescribed by the laws of Georgia, or by action instigated by the mayor and council of the city of Rockmart, and for any relief authorized by the laws of Georgia. Section 12. Be it further enacted by the authority aforesaid that said Rockmart Planning Commission shall have the right, power, and authority under the powers delegated to it under this Act to pass rules and regulations regulating and governing the location of trades, industries, apartment houses, dwelling houses, garages, or other use of property, in any zone created and established by it under the provisions of this Act as it may deem necessary and advisable to secure the good order, peace, morals, and welfare of the said city of Rockmart and the residents thereof, together with such rules and regulations governing the height of buildings to be erected, the type of structure, type and quality of materials therein to be used or proposed to be used, also the alignment of buildings and structures proposed to be erected along streets zoned for store, warehouse, garages, or other buildings to be used for business purposes other than family dwellings. Rules and regulations. Section 13. Be it enacted by the authority aforesaid that the mayor and council of the city of Rockmart shall have

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and is herein vested with power to pay each of said Commissioners a salary for their work, however, the total sum to be paid to each of said Commissioners shall not exceed $15.00 per month for each month they remain on the Commission. The right and privilege to pay for any services appertaining to this Act or any provision hereunder remains a discretionary matter with the said mayor and council of the City of Rockmart. Compensation. Section 14. Be it further enacted by the authority aforesaid that in case any section, paragraph, sentence, clause, or part of this Act should be declared void, illegal, or unconstitutional, the illegality, invalidity, or unconstitutionality thereof shall not effect the remaining provisions of this Act. Invalid parts. Section 15. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 15, 1943. ROME CHARTER AMENDMENTS. No. 84. An Act to amend an Act approved August 19, 1918, incorporating the City of Rome, Georgia, as amended, said Act to be amended being entitled An Act to create a new charter and municipal government for the City of Rome: To define the rights and powers of the municipality: To define the corporate limits thereof and to repeal all former charters and all laws in conflict therewith, as amended, by striking from said Act section eleven providing for the filling of vacancies of elective officers and by inserting in lieu thereof a new section eleven:

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To repeal all laws or parts of 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 authority of same that An Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof and to repeal all former charters and all laws in conflict therewith, as amended, be and the same is hereby amended as follows, by striking from said Act Section Eleven thereof and by inserting in lieu thereof the following to be known as Section Eleven: Act of 1918 amended. Sec. 11 stricken. Section Eleven. Be it further amended by the authority aforesaid that in case of a vacancy in office elective under this charter, caused by resignation, death or other cause, such vacancy shall be filled by the remaining member of the Rome City Commission until the next regular election for the election of members of the Rome City Commission. New Sec. 11. 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 February 16, 1943. ROME RETIREMENT FUND. No. 85. An Act to Amend an Act approved August 19, 1918, incorporating The City of Rome, Georgia, as amended, said Act to be amended being entitled An Act to create a new Charter and municipal Government for the City of Rome; To define the rights and powers of the municipality; to define the corporate limits thereof and to

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repeal all former charters and all laws in conflict therewith; to provide for the creation of a retirement fund for the payment of benefits to certain employees of the city of Rome; to provide for the collection, disbursement and administration of a 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 qualifications of certain employees; to repeal all laws or parts of laws in conflict herewith; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same that Section 122 of said Act of 1918 as amended by the Acts of the General Assembly of Georgia, Georgia Laws 1925, page 1422, which said amended Act was approved August 7th, 1925, be and the same is hereby amended by striking all of section 122 of said Act as amended. Acts of 1918 and 1925 amended. Sec. 122 stricken. Section 2. Be it further enacted by the authority aforesaid, that there be and there is hereby created a system of retirement payments for certain employees of the City of Rome, Georgia, and the method of providing a Retirement Fund for the payment of retirement benefits to such employees, and a Board of Trustees for administering such Retirement Fund. Retirement payments. Section 3. From and after the passage of this Act the City of Rome, by and through its City Commission, shall levy upon the monthly salary of each and every employee of said city whose salary is paid by the month, an assessment of one and one-half per centum of such monthly salary, which assessment shall be deducted each month from the salary of each employee and paid to the Secretary of the Board of Trustees created by this Act, and which respective assessment shall represent the amounts paid into said Retirement Fund by each employee respectively. Provided,

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however, such assessment in no case shall exceed the sum of Three Dollars Seventy-five Cents for any one month against the salary of any such employee; and provided further that such assessment in no case shall be assessed against the salary of any employee for a longer period of time than twenty-five years. In like manner the City of Rome shall appropriate each month respectively from the general funds of the City of Rome a sum of money equal to the deduction made for such month respectively from the salaries of the employees affected by this Act and pay the same unto the Secretary of said Board of Trustees; the purpose being that the City of Rome will pay unto said Secretary of the Board of Trustees a sum equal to the total sum contributed by the employees of the City of Rome, but nothing in excess thereof. All payment of money to the Secretary of said Board of Trustees made under the provisions of this Act shall constitute a Retirement Fund, and the same shall be disbursed as said Board of Trustees may direct according to the terms and provisions of this Act. Employees making payments as provided to said Retirement Fund shall never have any greater interest in, or right to payment from, said Retirement Fund than expressly provided for in this Act. Salary assessments. Section 4. The General responsibility for administering and disbursing said Retirement Fund according to the provisions of this Act and for making effective other provisions of this Act are hereby vested in a Board of Trustees, which shall consist of one member who is an employee of the Police Department, elected by the employees of that department at the time of such election; one member who is an employee of the Fire Department, elected by the employees of that department at the time of such election; one member who is an employee of the Public School System, elected by the employees of that system at the time of such election who are affected by this Act; one member who is an employee

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among the remaining monthly salaried employees of the City of Rome, elected by the employees of such group at the time of such election; and the Clerk of the Rome City Commission, who shall be ex-officio member of said Board of Trustees, and who shall also be ex-officio Secretary of said Board of Trustees. The Secretary of said Board of Trustees shall give bond payable to said Board of Trustees in such amount as may be prescribed by the Board of Trustees and any reasonable expense necessarily incurred in providing such bond shall be paid out of said Retirement Fund. The Secretary of said Board of Trustees shall keep minutes of all meetings of the Board of Trustees, recording all of the official acts of said Board, and which minutes shall be part of the permanent public records of the City of Rome, to be kept in the office of the Secretary of the Rome City Commission. Board of trustees. The first member of said Board of Trustees shall be elected for respective terms of office as follows. One from the Fire Department, for a term to expire May 1, 1947; one from the Police Department, for a term to expire May 1, 1946; one from the Public School System, for a term to expire May 1, 1945; and one from the remaining monthly salaried employees, for a term to expire May 1, 1944. Thereafter the Trustees shall be elected for a term of four years, except those elected to fill unexpired terms. Terms of office. Within thirty days after the passage of this Act, the Secretary of the Rome City Commission shall call and hold elections for the purpose of electing the four Trustees to be elected under the provisions of this Act. During the month of April of each year thereafter, there shall be called and held by the Secretary of the Rome City Commission an election for the election of a Trustee to fill the place of the Trustee whose term expires in such year. Trustees shall hold office until their successors are elected and qualified.

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In event a vacancy should occur on said Board of Trustees the Clerk of the Rome City Commission shall call and hold an election within thirty days of the time such vacancy is reported to him, for the purpose of electing a Trustee to fill the unexpired term. In calling elections for the purpose of electing Trustees, whether for a full term or an unexpired term, the Clerk of the Rome City Commission shall give notice to those qualified to vote in such election by posting notice thereof at the main entrance to the buildings where such qualified voters are generally employed, or sent to them by Untied States Mail, at least five days before the time of such election, which notice shall state the time and place of such election; provided, however, that should such election for the election of a member of the employees of the Public School System be held during the vacation period, notice of such election shall be sent by United States Mail to each of those qualified to vote in such election; and no notice of an election for selecting a Trustee from the employees of the Public School System shall be posted on a Saturday or other holiday. Election. Vacancies. Notice. All Elections for members of said Board of Trustees except the Secretary thereof, shall be held at a time and place to be designated by the Clerk of the Rome City Commission, and the Clerk of said Rome City Commission shall preside at each of such elections, receive and count the ballots so cast, and declare the result. The qualified person receiving a majority of the votes cast at any such election shall be elected. Time and place. Said Board of Trustees shall elect annually a member of its Board as Chairman, who shall preside at all meetings of said Board. Said Board of Trustees shall establish reasonable rules and regulations for its meetings and transaction of its business, and designate the depository or depositories for funds constituting said Retirement Fund, pass upon all

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applications for, and matters concerning, retirement under the provisions of this Act, and authorize disbursements of said Retirement Fund. Chairman. Any employee dissatisfied with the action of the Board of Trustees shall have the right to appeal to a jury in the Superior Court of Floyd County, Georgia, within thirty days from the date of such action of the Board, provide such employees shall post a good and solvent bond for the payment of all court costs incurred on account of such appeal, if the appellant in said proceeding should be cast in the costs; and should such appellant not be so cast in the costs the same shall be paid from said Retirement Fund. Appeals. Section 5. At all meetings of said Board of Trustees four members shall constitute a quorum, and a majority vote of those present at a meeting shall determine the act of said Board of Trustees. Quorum. Section 6. The members of said Board of Trustees shall serve without compensation. Section 7. In event there should accumulate funds in said Retirement Fund in excess of the amount necessary to meet the general immediate needs in the administration of said fund, such excess may be invested in bonds or other securities of the United States and/or bonds of the State of Georgia, but not otherwise. [Illegible Text]. Section 8. Each of said Trustees, other than the one designated as the Secretary thereof, shall subscribe to an oath before the Secretary of the Rome City Commission to the effect that so far as it devolves upon him he will intelligently and honestly administer the affairs of said Board of Trustees, and that he will not knowingly or wilfully violate or permit to be violated any of the provisions of the law applicable to the provisions of this Act; and such oath, duly executed, shall be held by the Clerk of the Rome City

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Commission as a part of the public records of the City of Rome; and the Secretary of the Board of Trustees shall subscribe to a similar oath before any officer authorized to administer oaths and such oath, duly executed, shall likewise be held as a part of the public records of the City of Rome. Oath. Section 9. Attendance of Trustees at all Board meetings shall be compulsory. Any Trustee who wilfully and unduly neglects the duties of his office may be removed by the remaining members of the Board. Compulsory attendance. Section 10. Money shall be withdrawn from the Retirement 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. Withdrawal of funds. Section 11. Retirement-Eligibility. (a) Each monthly-salaries employee of the City of Rome, and while still in the employ of the City of Rome, shall be eligible for retirement under the benefits and provisions of this Act, (1) who has reached the age of sixty years, or (2) who has been a monthly-salaried employee of the City of Rome for an aggregate of twenty-five years and also has attained the age of fifty years. No person, however, shall be eligible for retirement under this Act who has not paid into said Retirement Fund one and one-half per centum of his monthly salary for at least one month. Retirement eligibility. (b) No person employed by the City of Rome on the day of passage hereof, shall be compelled by the Board of Trustees to retire before said person shall have reached the age of sixty-five years. Age. (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

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ages of sixty and sixty-five, but such person may not be retired between the ages of sixty and sixty-five years if he furnishes proper proof of his good health and ability to discharge the duties of his office, the sufficiency of said proof to be determined by the Board of Trustees; however, said Board shall 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, except in the case of employees of the Public School System, who shall not be forced to retire until they reach the age of seventy, provided proof of ability to perform all duties of their position is furnished. Optional. (d) No employees 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. School employees. Section 12. Retirement Benefits. (a) An employee retiring under the provisions of this Act after having served an aggregate of twenty-five years as an employee of the City of Rome and attained the age of at least fifty years, shall be paid monthly from said Retirement Fund and for and during his natural life the sum of money equal to one-half of the average salary received from the City of Rome by such employee during the last five years preceding the time of his retirement during which such employee has received a salary from the City of Rome; provided, however, such monthly retirement payments shall in no event exceed the sum of One Hundred Dollars per month. For the purposes

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of this Act the monthly salary of any employee is determined to be one-twelfth of his annual salary. If an employee has not completed an aggregate of twenty-five years of service as an employee of the City of Rome at the time of his retirement under the provisions of this Act by having attained the age of at least sixty years, then he shall be paid monthly from said Retirement Fund and for and during his natural life, the same proportionate part of the amount of money he would receive if he were being retired upon twenty-five years of service under this Act, that his aggregate years of service as an employee of the City of Rome is of twenty-five years. Retirement benefits. (b) An employee who, while in the employ of the City of Rome, becomes totally and permanently disabled to discharge his duties as such employee, and who has served at least five years as an employee of the City of Rome next preceding the time of such disability and who is not otherwise eligible to retire under the provisions of this Act, shall be retired and paid monthly for and during such disability, and from said Retirement Fund, the same proportionate part of the amount of money he would receive if he were being retired upon twenty-five years of service under this Act, that his aggregate years as an employee of the City of Rome is of twenty-five years. Disability. (c) Any employee leaving the employ of the City of Rome before he becomes eligible for retirement under the provisions of this Act shall be refunded ninety-five per centum of the actual total amount he has paid into the Retirement Fund; provided, however, that any employee who leaves the service of the City of Rome and withdraws the amount of his contribution to the Retirement Fund as in this section provided, shall not receive credit for the time of service represented by the amount of such withdrawal until and unless he shall have repaid said sum into said Retirement Fund; and provided further that any such employee

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who resigns his employment or is removed or discharged on account of his conduct, neglect of duty or incompetence shall not be refunded or paid any part of said Retirement Fund. Refunds. (d) Should an employee die while in the employ of the City of Rome without having received any actual cash payments from said Retirement Fund, ninety-five per centum of the amount he has contributed to said Retirement Fund 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. (e) Should an employee retired under the provisions of this Act die without having received in retirement benefits a sum equal to ninety-five per centum of the total amount he has paid into said Retirement Fund, then the difference between ninety-five per centum of the amount paid into said fund by the employee and the amount received therefrom 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. Installments. (f) 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, 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. Heirs. Section 13. Employees subject to the provisions of this Act shall be all employees of the City of Rome who receive a monthly salary such as school teachers, firemen, policemen,

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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 and their employment as such shall in no event be or become a part of their term of employment should they afterwards become employees subject to the provisions of this Act. Temporary employees. Section 14. 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 Rome who may be entitled to participate in the benefits of this Act, and shall keep and maintain a record thereof, and such Board shall at all times keep a service record of all employees subject to the provisions of this Act. Service record. Section 15. From and after the passage of this Act, no person more than thirty-five years of age may become an employee of the City of Rome, except those excluded from the provisions and benefits hereof under Section 13 of this Act, and except employees of the Public School System, employees of Carnegie Library, Superintendent of Water Works, City Manager, Tax Receiver, Clerk of Rome City Commission, City Attorney, City Recorder, Superintendent of Street and Sanitary Department, and those now in the regular employ of the City of Rome; provided, however, a person once becoming an employee of the City of Rome may be retained as an employee until retired under the provisions of this Act. Age limit. Section 16. The Retirement Fund and the benefits provided for in this Act shall not be subject to garnishment or to any other legal process or proceeding for debt owing by an employee or person receiving or entitled to payments therefrom. Free from garnishment. Section 17. This Act shall in no wise alter, change, modify

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or affect any provision or authority for the removal or discharge of an employee of the City of Rome in effect prior to the passage of this Act. Effect of Act. Section 18. This amendment does not repeal nor in any wise affect any benefiit or pension now being paid under some previous ordinance, resolution or act of the Rome City Commission, and the City of Rome is expressly authorized to continue to make any such payments previously so authorized, but no person shall receive a pension from the City of Rome and also payments from said Retirement Fund, and no person shall draw a salary from the City of Rome and payments from said Retirement Fund. Those persons now receiving pensions or disability benefits from the City of Rome shall not be subject to any of the provisions of this Act. Present pensions not effected. Section 19. That the said Charter of the City of Rome be and is hereby amended as provided in this Act. Section 20. All laws and parts of laws in conflict with this Act are hereby expressly repealed. Approved February 16, 1943. SAVANNAH BEACH CHARTER AMENDMENTS. No. 273. 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 approved August 1, 1929, as Savannah Beach, Tybee Island, and particularly to amend said Act for the purpose of increasing the power of the Mayor and Councilmen to impose and collect additional ad valorem tax and assessments and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that from and after the passage of this Act the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, are hereby authorized and empowered and have full power and authority to maintain and operate a sanitary sewerage system; to compel the connections to said sewerage system; to fix the necessary charges for the connections; and shall have full power to levy, impose and collect, when and if necessary, a special tax in a sum not to exceed one-half () of one (1) per cent on the total value of the assessments on the books of said Municipality as of January 1, 1943. Said levy and assessment shall be separately made and collected, and the amounts so collected shall be applied first to the operation and maintenance of said sanitary sewerage system, any surplus may be used in the prevention of Beach erosion. Sewerage system. Special tax. Section 2. Be it further enacted by the authority aforesaid that Section 21 of the Acts of the General Assembly of the State of Georgia, approved August 19, 1922, be and the same is hereby amended by striking from said Act Section 21 thereof and inserting in lieu thereof the following section to be known as Section 21 of said Act: Act of 1922 amended. Sec. 21 stricken. Section 21. Be it further enacted by the authority aforesaid 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 said municipality that they may deem advisable and not in conflict with the laws of this State; provided that such tax does not exceed two (2) per cent of the value of said property. Said Mayor and Councilmen shall provide an ordinance for the annual assessment of the taxable property in said Town and the mode and manner of valuing such property for taxation, but they shall not

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collect a tax of more than Two Dollars ($2.00) on each one hundred dollars valuation of property. New Sec. 21. Ad valorem tax. 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 9, 1943. SAVANNAH CHARTER AMENDMENTS. No. 26. An Act to amend the charter of the Mayor and Aldermen of the City of Savannah and the several acts amendatory thereto 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 that certain Act, approved February 7th, 1938, and incorporated in the Act of 1937-1938 on pages 1343-1347 inclusive and entitled An Act to amend the charter of the City of Savannah and the several Acts amendatory thereof, incorporating the Mayor and Aldermen of the City of Savannah, relating to and supplementary thereto; and for other purposes be and the same is hereby repealed in its entirety. Act of 1937-1938 repealed. Section 2. Be it further enacted by the authority of the same that Section Ten (10) of that certain Act, approved February 28th, 1939, and incorporated in the Acts of the General Assembly of the State of Georgia of 1939 on pages 1293-1296 inclusive and entitled An Act to amend the Charter of the City of Savannah and the several Acts amendatory thereof, incorporating the Mayor and Aldermen of the City of Savannah, relating to and supplementary

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thereto; and for other purposes be and the same is hereby repealed in its entirety. Sec. 10 of Act of 1939 repealed. Section 3. Be it further enacted by the authority of the same that from and after the passage of this Act, there is hereby created a Budget Commission, consisting of the Mayor, the Chairmen of the Finance Committee of Council, and three (3) members of City Council, who shall be elected by Council and shall serve during the term for which they were elected Aldermen. The Chairman of the Finance Committee of Council shall be the Chairman of the Budget Commission. Budget Commission. Section 4. Be it further enacted by the authority of the same that in December of each year, the Budget Commission shall recommend a Budget for the next succeeding year, which Budget shall be presented to the Mayor and Aldermen of the City of Savannah for their approval before the 1st of January of each year. Said Budget, as recommended and approved by the Budget Commission and City Council, shall not exceed ninety (90%) per cent of the anticipated revenue to be received by the City from all sources for the year for which the Budget is adopted. It shall be the duty of the Budget Commission to estimate, as accurately as possible, the amount of anticipated revenue for the next succeeding year. Budget recommendation. Section 5. Be it further enacted by the authority of the same that from and after the 1st 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 a salary, on a semi-monthly basis, and in an amount to be fixed as in the discretion of the Mayor and Aldermen may seem just and proper. The provisions of this paragraph shall be effective during the present War Emergency and may be terminated

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hereafter in the discretion of the Mayor and Aldermen of the City of Savannah. Police Committee Chairman's compensation. Section 6. Be it further enacted by the authority of the same that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 5, 1943. SAVANNAH CHARTER AMENDMENTS. No. 242. An Act to amend the charter of the Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereto incorporating the Mayor and Aldermen of the City of Savannah relative to and supplementary thereof, by repealing that certain Act of the General Assembly of the State of Georgia creating and organizing a Recreation Commission for the City of Savannah, etc., approved August 19th, 1916, and by authorizing the Mayor and Aldermen of the City of Savannah to create by ordinance a Recreation Commission for the Mayor and Aldermen of the City of Savannah; repealing all amendments to the charter of the Mayor and Aldermen of the City of Savannah providing for the payment of pensions to City Employees, including all amendments to the charter providing for pensions as granted to the Mayor and Aldermen of the City of Savannah by the Acts of the General Assembly for the years 1919 to 1941 inclusive, specifically excepting, however, that certain Act of the General Assembly of the State of Georgia approved February 11th, 1941, and incorporated in the Acts of the General Assembly of 1941, pages 1750 to 1752 inclusive and known as `Savannah Mayor's Pension', which is not repealed and shall continue in full force and effect; and enacting a Pension System for employees of the

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Mayor and Aldermen of the City of Savannah to be effective upon the approval 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 that certain Act of the General Assembly of the State of Georgia, approved August 19th, 1916, and incorporated in the Acts of the General Assembly of the State of Georgia of 1916 on pages 957 to 964 inclusive, the same being entitled Savannah Recreation Commission be and the same is hereby repealed in its entirety. Act of 1916 repealed. Be it further enacted by the authority of the same that from and after the passage of this Act, The Mayor and Aldermen of the City of Savannah are authorized and empowered and directed to establish a Recreation Commission for the Mayor and Aldermen of the City of Savannah by Ordinance and to provide for the appointment and selection of the membership of said Commission, to prescribe the qualifications of said members, to define the powers, duties and jurisdiction of said Commission, to prescribe the terms of office of the members of said Commission, and to prescribe and provide by Ordinance all rules and regulations necessary for the operation of said Recreation Commission pertaining thereto or incidental thereto. Recreation Commission authorized. Section 2. Be it further enacted by the authority of the same that all laws pertaining to the pension of City employees, as set forth in the Acts of the General Assembly of the State of Georgia for the years 1919 to 1941 inclusive, except the Act approved February 11th, 1941, on pages 1750 to 1752 inclusive, known as Savannah Mayor's Pension be and the same are hereby repealed in their entirety. Pension laws repealed. Be it further enacted by the authority of the same that from and after the passage of this Act there is hereby created

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a Pension System for employees of the Mayor and Aldermen of the City of Savannah; said Pension System shall be administered by a Board to be known as the Pension Board, which shall be composed of the Pensions and Charities Committee of Council and one (1) practicing physician of high standing in the medical profession who shall be a resident of the City of Savannah; said physician shall be appointed by the Mayor on the recommendation of the Committee on Pensions and Charities. The recommendations of said Board shall be final only after the approval of the Mayor and Aldermen of the City of Savannah. The Chairman of said Board shall be the Chairman of the Committee on Pensions and Charities and the Mayor may remove any member of such Board or any members at any time with or without cause. Said physician shall be appointed by the Mayor, as hereinbefore provided, immediately upon the passage of this Act and shall be re-appointed in the same manner on the second (2nd) Monday after the election of the Mayor and Aldermen. No employee shall be pensioned by the City except upon the recommendation of the Pension Board. Pension system created. Pension Board. Chairman. It shall be the duty of said Board to pass on all applications by employees of the City of Savannah for pensions. No employee of the Mayor and Aldermen of the City of Savannah shall be entitled to a pension until he, or she, shall have served as an employee of the Mayor and Aldermen of the City of Savannah for a period of twenty (20) years, the last five (5) of which must have been continuous and immediately preceding the application for a pension. Board's duty. Eligible employees. Any member of the Fire or Police Departments who shall be permanently injured or disabled in performance of his, or her, duties shall be entitled to a pension irrespective of the time of service such member of either department may have served. Whenever any member of the Fire or Police Departments shall be killed while in the performance

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of his duties, his widow shall be entitled to fifty (50%) per cent of the salary said employee was receiving at the time of his death, said fifty (50%) per cent not to exceed One Hundred ($100.00) Dollars. Said widow shall receive said pension until such time as she may remarry, said pension shall cease upon the remarriage of any such widow. In the event there is no widow, but there is surviving a child or children under the age of eighteen (18), said child or children shall receive such pension until they attain the age of eighteen (18) years, the same to be paid to a regularly qualified guardian for said child or children. Disability. Widow. Orphan children. Be it further enacted by the authority of the same that from and after the passage of this Act, all employees of the Mayor and Aldermen of the City of Savannah shall contribute two (2%) per cent of his, or her, salary each month, which said two (2%) per cent shall be immediately paid to the City Treasurer by the Comptroller of the City and the Comptroller shall furnish the City Treasurer a list showing the name of the employee who has paid and the amount thereof; and the City Treasurer shall keep said funds separate and apart from all other funds of the City and said fund shall be a Trust Fund held for the sole purpose of the payment of pensions. Said funds, from time to time, whenever there is an excess of funds on hand, may be invested by the City Treasurer, on the direction of the Mayor and Chairman of the Finance Committee, in bonds of the United States Government, in bonds of the State of Georgia, or in bonds of the Mayor and Aldermen of the City of Savannah, and the interest acquired therefrom shall become a part of said Trust Fund and Pension Fund and shall be used for the sole purpose of the payment of pensions to City employees. The amounts of money contributed by each employee of said City to the said pension fund shall not be subject to garnishment, attachment, or assignment. Contributions exacted. Trust fund.

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Be it further enacted by the authority of the same that of the two (2%) per cent paid by employees of the City, the City shall retain one-fourth () for the purpose of administration of said Pension plan and said one-fourth () shall remain in the Pension Fund as a part of the trust created hereunder and shall only be used, or expended, directly in connection with the payment of pensions and the administration of the pension plan. Any person desiring to withdraw from the Pension plan and to be repaid funds contributed, under this Act, shall, after the passage of this Act for money so contributed after the passage of this Act only be entitled to receive three-fourths ([frac34]) of the amount contributed by such employee to said Pension Fund. Any employee, who contributed to the Pension Fund prior to the passage of this Act, shall be entitled to a return of the two (2%) per cent so paid up to the passage of this Act. After the passage of this Act, said employee shall receive three-fourths ([frac34]) of the amount he, or she, has paid in to the Pension Fund. No employee of the Mayor and Aldermen of the City of Savannah shall be allowed to withdraw his, or her, contribution to the said Pension Fund unless said employee resigns, dies or is dismissed from the employ of the Mayor and Aldermen of the City of Savannah. Be it further enacted by the authority of the same that if an employee who has served the Mayor and Aldermen of the City of Savannah for ten or more years, but less than twenty years, is dismissed from the service of the City, and has left in the pension fund the money there to his credit at the time of his dismissal, or redeposits the same in full, he shall, if he later returns to the employment of the city, be credited in any application for a pension with the number of years he had served prior to his dismissal from the service of the City. Administration of trust fund. Be it further enacted by the authority of the same that any employee of the Mayor and Aldermen of the City of

Page 1580

Savannah who shall have been pensioned by the Mayor and Aldermen of the City of Savannah and who, thereafter, accepts employment with the United States Government or any agency thereof, or any State Government or any agency thereof, or any County or City Government or any agency thereof, shall forfeit his, or her, right to a pension during the term of employment with said Governmental agency, but, upon the termination of said employment, shall be entitled to the pension which he, or she, was receiving prior to said employment. If any employee who has been pensioned under the provisions of this Act should accept employment with any person, firm or corporation, and receive as compensation an amount equivalent to, or greater, than the salary such person was receiving from the City at the time of the granting of said pension, said pensioner shall forfeit his pension during the time of said employment. On the termination of the said employment, said pension shall be restored by the Mayor and Aldermen of the City of Savannah. Dismissals. Be it further enacted by the authority of the same that no employee shall be pensioned after twenty (20) years service, as provided hereinbefore, unless such employee is either disabled or incapacitated to such an extent that he, or she, is unable physically or mentally to perform the duties for which he, or she, was employed. This disability or incapacity must be clearly proven to the satisfaction of the pension Board and the Pension Board is charged with the duty and responsibility of determining that such incapacity or disability does exist. Any applicant for a pension shall have the right to be examined by a physician of his own choice and shall, also, be examined by the physician member of the Pension Board, whose duty it shall be to determine, after careful examination, the degree of disability which said employee has suffered, and to report the same to the Pension Board. No employee of the City of Savannah

Page 1581

shall be entitled to a pension of more than fifty (50%) per cent of the amount of salary or wage such employee was receiving at the time of the occurrence of such disability or incapacity, but, in no event, shall the amount of pension exceed One Hundred ($100.00) Dollars. If the two (2) physicians, the Board member and the applicant's physician do not agree as to the disability or incapacity, it shall be their duty to name a third (3rd) physician and the opinion of the majority of said physicians shall be controlling with respect to the disability or incapacity and the Board of Pensions shall abide by said opinion in making its recommendatons to Council. The years of service rendered by any employee up to the time of the passage of this Act shall be included and counted in computing said twenty (20) years of service. Should any employee, who has contributed to said Pension Fund, die or resign or be dismissed from the service of the City, the amount of his, or her contribution to said Pension Fund shall, in the manner hereinbefore provided, be returned to said employee in the case of resignation or dismissal, or, in the case of death, it shall be returned to his heirs, executors or administrators, without interest; provided such employee has not been previously granted a pension. In the event a pension has been previously granted said employee, there shall be no return of any funds so contributed. All pensions shall terminate upon the death of the pensioned employee. Should the physical examination of the employee show to the satisfaction of the Pension Board that such employee is physically unfit or is disabled to fully perform the services for which he, or she, was employed and in which he, or she, is then engaged, such employee, if he, or she, has served the Mayor and Aldermen of the City of Savannah for a period of twenty (20) years, the last five (5) of which has been continuous, shall receive a pension of forty (40%) per cent of the amount of salary paid said employee at the time of his, or her, retirement.

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Such pension, in no event, to exceed One Hundred ($100.00) Dollars. Extent of disability. Examination. Amount of pension limited. Computation of service. Death, resignation, or dismissal. Be it further enacted by the authority of the same that from and after the passage of this Act, all employees eligible for a pension and upon the granting of a pension to such employee shall be entitled to a pension in an amount equal to two (2%) per cent of the monthly salary of said employee for each year of service rendered beginning from the twentieth (20th) year up to and inclusive of the twenty-fifth (25th) year, but, in no event, shall said pension be more than fifty (50%) per cent of said employee's salary at the time of making application for a pension, nor said pension to be in a greater amount than One Hundred ($100.00) Dollars. Be it further enacted by the authority of the same that the Mayor and Aldermen of the City of Savannah are authorized, when they deem it necessary, to appropriate funds of the City of Savannah to supplement the Pension Fund and are, also, authorized and empowered to levy taxes and appropriate funds for the purpose of supplementing said Pension Fund and the payment of pensions to its employees under the provisions of this Act. Supplemental funds. Be it further enacted by the authority of the same that if any employee of The Mayor and Aldermen of the City of Savannah shall have served faithfully, continuously and uninterruptedly the Mayor and Aldermen for a period of twenty (20) years, he shall not be subject of dismissal from the employ of the Mayor and Aldermen of the City of Savannah without first being pensioned in an amount equal to forty (40%) per cent of the amount of salary or wages he was receiving at the expiration of said twenty (20) years of service, but said employee, if he, or she, has served more than twenty (20) years, shall be entitled to the above provisions of this Act, said pension, however, not to exceed

Page 1583

the sum of One Hundred ($100.00) Dollars. No employee shall be required to contribute to the Pension Fund after having been once pensioned. Dismissed employees. Be it further provided that no employee of the Mayor and Aldermen of the City of Savannah who has served the City for a period of twenty-five (25) years, the last five (5) years of such service being continuous, shall be dismissed from the employ of the City without first being pensioned as provided herein, without the necessity of proving disability. Any employee who has served the said twenty-five (25) years with the last five (5) years of service being continuous, shall as a matter of right be entitled to a pension at the expiration of said twenty-five (25) years of service. Employees entitled. Be it further enacted by the authority of the same that the provisions of this Act shall apply to all regular, full-time employees of the Mayor and Aldermen of the City of Savannah, including elective and appointive officers of the Mayor and Aldermen of the City of Savannah, and shall include all regular, full-time employees of the Armstrong Junior College Commission, the Park and Tree Commission, the Library Board and the Recreation Commission. All persons who are not qualified as regular, full-time employees of the Mayor and Aldermen of the City of Savannah shall not be entitled to participate in the Pension Plan. Ordinances. Be it further enacted by the authority of the same that if any employee is incapacitated or disabled to such an extent that he, or she, is unable to perform his, or her, duties, and, when such employee participating in the Pension Plan fails or refuses to apply for a pension, the Board of Pensions is authorized and empowered to pension such employee, if such employee has contributed to the Pension Fund and has served the prescribed time, as provided for under the terms of this Act. Applications.

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Be it further enacted by the authority of the same that the mayor and Aldermen of the City of Savannah are hereby fully authorized and empowered to enact by Ordinance any such provisions for the operation of this Act and for the payment of pensions hereunder to employees. Be it further enacted by the authority of the same that all applications for a pension shall be in writing and presented to the Mayor and Aldermen and shall be referred to the Pension Board, which Board shall promptly and thoroughly investigate said application as provided for herein and shall promptly report to Council its recommendation. Rights Be it further enacted by the authority of the same that immediately after the passage of this Act, the Mayor and Aldermen of the City of Savannah shall cause the Clerk of Council to have printed all the provisions of this Act and to distribute the same among all elective and appointed officers and all regular, full-time employees of the City of Savannah. The Treasurer of the City of Savannah shall keep a system of books showing the names of all employees accepting the provisions of this Act, the amount of monthly contributions by each employee and the amount to the credit of each employee. Distribution of this Act. Record of employees. Be it further enacted by the authority of the same that it is not the intention of this Act to repeal that certain Act of the General Assembly of the State of Georgia approved February 11th, 1941, and incorporated in the Acts of the General Assembly of the State of Georgia of 1941, on pages 1750 and 1752 inclusive, and known as Savannah Mayor's Pension. The above described Act is not repealed and shall continue in full force and effect. Act of 1941 not repealed. Section 3. Be it further enacted by the authority of the

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same that all laws or parts of laws in conflict with any of the provisions of this Act be and the same are hereby repealed. Approved March 3, 1943. SAVANNAH TERRITORIAL EXTENSION. No. 193. An act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah so as to provide for the extension of the corporate limits of said City, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the corporate limits of the City of Savannah, located in Chatham County, Georgia, shall be extended so as to include the following area located in Chatham County, Georgia: Beginning at the intersection of the present City Limits and the eastern line of Lathrop Avenue west and running southwest along the west line of the Housing Project known as the Bartow Place to the southwest corner of said Housing Project thence southeast along southern line of said Housing Project and continuing along a straight line beyond said southern line until it intersects the present western corporate limits of the City of Savannah. Limits extended. Defined. 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 2, 1943.

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SAVANNAH TERRITORIAL EXTENSION. No. 237. An act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah so as to provide for the extension of the corporate limits of said City, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the corporate limits of the City of Savannah, located in Chatham County, Georgia, may be extended by ordinance of the Mayor and Aldermen of the City of Savannah, so as to include the following area located in Chatham County Georgia: Beginning at the point where the Southern line of Liberty Street intersects the Eastern Corporate limit of the City of Savannah and running east along the Southern line of Liberty Street 2160 feet more or less to the eastern line of the Josiah Tattnall housing project, then south along said eastern line to the present corporate limit of the City of Savannah. Limits extended. defined. 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 3, 1943. SMYRNA CHARTER AMENDMENTS. No. 336. An Act to amend the act creating a new charter for the mayor and council and/or the Town of Smyrna by changing the name and official designation of said municipality from the mayor and council of the Town of Smyrna

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and/or the Town of Smyrna, (Georgia Laws 1931, 955, 988 inclusive to City of Smyrna; to change the method of the holding of elections for mayor and council; to provide for deputy marshals in said city; to provide power and authority for the enactment and passage of Zoning and Planning Laws and Ordinances, regulations, buildings and the use of property for buildings or other uses; to give authority to the mayor and council of the City of Smyrna to create and provide zones and districts for various uses and to prohibit other or different uses therein; 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 that the Act of the Legislature approved August 27, 1931 (1931, pages 955-988 inclusive), granting a new charter to the Mayor and Council of the Town of Smyrna and/or the Town of Smyrna, and several acts amendatory thereof, be, and the same are hereby, amended as follows: Act of 1931 amended. Section 1. That said Act approved August 27, 1931 be, and the same is hereby amended, by striking and repealing the words, Mayor and Council of the Town of Smyrna and Town of Smyrna wherever they appear therein for the purpose of designating the name of the municipality and inserting in lieu thereof the words, City of Smyrna. Words stricken. Name inserted. Section 2. Be it further enacted that Section 10 of said act of 1931 be stricken and in lieu thereof the following inserted, to-wit: That in all elections directed to be held by the mayor and council shall be held by three free-holders of said city, who shall be appointed by the mayor and council and said election shall be held at the City Hall of council chamber in said city and shall otherwise be held in the manner prescribed by the mayor and council. No person shall be eligible to vote in an election, whose name does not appear on the list of registered voters for said city and

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who is not, at the time of the casting of such ballot, a bona fide resident thereof. Sec. 10 stricken. New Sec. 10. Section 3. Be it further enacted that said act of 1931 is hereby amended by striking and repealing Section 18 and inserting in lieu thereof the following: That the mayor and council shall be authorized and empowered to elect and appoint a clerk and a marshal and as many deputy marshals as they may deem necessary for said city and prescribe their duties and powers and fix their salaries, and shall have the right at any time by a majority vote of said mayor and council to discharge either or both of said officers or any officer or person employed by them. In the election of said clerk or marshal, a majority vote of all the members of said council, including the mayor, shall decide. In their discretion, they may appoint the same person to perform the duties of more than one office or more than one person to perform the duties of the same office and all such officers shall be elected at the first regular meeting held at or after the election and qualification of said mayor and council or as soon thereafter as practicable. Before entering upon the discharge of their duties, such officers shall be required to take and subscribe to an oath that they will faithfully discharge their duties. New Sec. 18. Section 4. Be it further enacted that the mayor and council of the City of Smyrna are hereby authorized to pass zoning and planning laws whereby the said city may be zoned, or districted for various used, 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 and planning laws. Section 5. 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

Page 1589

of the citizens of said city, adopt by ordinances a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property, or for the purpose of regulating the height of the buildings or other structures or for the 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 establishments 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. The right to exercise control over trailer camps, their location, their connection with sewerage, and their maintenance is expressly conferred to the extent that, where in the discretion of said mayor and council of said City of Smyrna, it is to the best interest of said city that such trailers or trailer camps be prohibited from being maintained at any place or in any portion of said city, such power is conferred. Districts and zones. Bases. Trailer camps. Section 6. Be it further enacted that for the reason 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

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other similar regulations and restrictions as shall secure the peace, and good order of the city and the residence thereof. Classification. Section 7. 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 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. Alteration and modification. Section 8. 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 act 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 9. 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. Distriets. Section 10. Be it further enacted that no regulation, restriction or zoned 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

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circulation in said city, which notice shall be deemed conclusive upon all parties at interest. Hearings. Section 11. 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. Resolutions and ordinances. Section 12. 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. Enforcement of Act. 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. Section 13. 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. Invalid parts.

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Section 14. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 15, 1943. SUGAR VALLEY BONDSREFERENDUM. No. 216. An Act to amend the charter of the town of Sugar Valley, in the County of Gordon; to grant certain privileges to the same and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia that the charter of the town of Sugar Valley shall be amended, that from the passage of this Act, the municipal government of the town of Sugar Valley, in the County of Gordon, in this State, shall have the power and authority to make and ordain such by-laws, ordinances, rules and regulations as shall appear to them necessary and proper for the good government, security, welfare and interest of said town of Sugar Valley and the inhabitants thereof, and for preserving the health, morals, peace and good order of the same, not in conflict with the Constitution and laws of this State. Charter amended. Section 2. And shall have the power and authority provided by the Statutes of this State in reference to issuing bonds by municipal corporations, in and by said corporate name, to contract with and be contracted with; to sue and be sued; to plead and be impleaded in any courts of this State; to have and use a common seal; to hold all property, both real and personal, now belonging to said town, or any other property that may be acquired by gift, purchase, or otherwise, and to use the same for the purpose and interest for which it was granted or dedicated, as may be hereafter

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deemed necessary or proper for corporate purposes, and to use, manage, improve, sell, convey, rent or lease any and all said property as may be deemed advisable for the corporate interest. Powers. Section 3. Be it further enacted that the corporate powers and authority of said town be and hereby empowered to issue bonds in the amount not to exceed twenty-five thousand dollars ($25,000.00) for the purpose of public improvements, such as water works, sanitary systems, playgrounds and for other like improvements provided the same is authorized by the vote of the qualified voters of said town as provided by the statutes of this State in reference to issuing bonds by municipal corporations. Bonds. Referendum. Section 4. Be it further enacted that this Act shall take effect on the 1st day of August, 1943. 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 3, 1943. TALLULAH FALLS CHARTER. No. 317. An Act to amend, revise, consolidate and supersede the several Acts incorporating the Town of Tallulah Falls, in Habersham and Rabun Counties; to create and establish a new charter and municipal government for said town; to declare and consolidate the rights and powers of said corporation; to prescribe the limits thereof, extending the same to include surrounding areas in which are located industrial plants and properties vital to the national defense in order to provide adequate police protection for said plants and properties; to provide for the

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establishment of a parks commission, facilities for educational purposes, and a board of health in and for said town; and for other purposes. Whereas, the Town of Tallulah Falls, in Habersham and Rabun Counties, was incorporated by an Act of the General Assembly of Georgia approved November 12th, 1889, which Act has since been several times amended; and Preamble. Whereas, certain industrial plants and properties, vital to the national defense, are situated in areas surrounding said Town of Tallulah Falls, but being outside its corporate limits they cannot now be provided with adequate police protection by the Town; and Whereas, it is highly desirable and necessary, as well as in the interests of the people of the Tallulah Falls community and the State of Georgia as in the national interest, that said plants and properties receive adequate protection against possible destruction or damage, especially during the existing national emergency, such as could be provided by the Town of Tallulah Falls were they located within its municipal boundaries; Therefore, be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Town of Tallulah Falls, in Habersham and Rabun Counties, shall continue to be a municipal corporation, under the name and style of Town of Tallulah Falls, with corporate limits as follows: Beginning at the intersection of the south line of Land Lot 220 of the 12th District Habersham County, Georgia, with the thread of Tugalo River; thence in a westerly direction along the south line of Land Lots 220, 219 and 211 of the 12th District Habersham County to the southwest corner of said Land Lot 211; thence northerly along the west line of Land

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Lot 211 of the 12th District, Land Lots 179, 178, 177, 176 of the 13th Dirtrict Habersham County, and Land Lots 175, 174, 173 of the 13th District Rabun County (formerly Habersham County) to the northwest corner of said Land Lot 173; thence easterly along the north line of Land Lots 173 and 185 of the 13th District rabun County to the northeast corner of said Land Lot 185; thence southerly along the east line of Land Lot 185 of the 13th District Rabun County to the Tallulah River; thence across Tallulah River to the intersection of the north line of Land Lot 10 of the 5th District Rabun County with said Tallulah River; thence east along the north line of said Land Lot 10 of the 5th District to the northeast corner thereof; thence south along the east line of Land Lot 10 of the 5th District Rabun County (said line being the dividing line between the 4th and 5th Districts of Rabun County) to the northwest corner of Land Lot 11 of the 4th Disrict Rabun County; thence east along the north line of Land Lot 11 of the 4th District Rabun County to the northeast corner of said Land Lot 11; thence south along the east line of Land Lot 11 of the 4th District Rabun County to the southeast corner thereof, which is also the northwest corner of Land Lot 14; thence east along the north line of Land Lots 14 and 37 of the 4th District Rabun County to its intersection with the thread of Chattooga River, said thread of Chattooga River being the line between the States of Georgia and South Carolina; thence down the thread of the Chattooga and Tugalo Rivers to its intersection with the south line of Land Lot 220 of the 12th District Habersham County and the point of beginning. The area embraced within the above described boundaries includes all of land lots or Fractional Land Lots 211, 219, 220 of the 12th District Habersham County; 179, 178, 177, 176, 183, 182, 181, 180, 195, 194, and 193 of the 13th District Habersham County; 173, 174, 175, 184 and 185 of the 13th District

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Rabun County; 10, 11, 12, and 13 of the 5th District Rabun County; 11, 12, 13, 14, 37 and 38 of the 4th District Rabun County, all in the State of Georgia. Corporate limits. Section 2. That the municipal Government of said Town shall consist of a mayor and four councilmen. Section 3. That said mayor and council shall be a body corporate under the name and style of the mayor and council for the Town of Tallulah Falls, and shall be capable of suing and being sued, pleading and being impleaded, in any court of law in this state, and shall have power to pass and enact all laws and ordinances which may seem to them proper and just, not repugnant to the laws of this state and the United States, and to punish all offenders by fine not to exceed $50.00, or imprisonment or work upon the streets of said Town not more than thirty days, and any one or all of these penalties may be imposed at the discretion of the mayor. Mayor and council. Powers. Section 4. That said Town of Tallulah Falls, as created by this Act, shall succeed to all the rights of and is hereby made responsible for all valid contracts, obligations, undertakings or indebtedness of the Town of Tallulah Falls heretofore created and chartered by the General Assembly of Georgia as aforesaid, and no ordinance, contract, obligation, undertaking or indebtedness made or incurred by said Town as heretofore created and chartered shall be voided, abrogated or impaired by virtue of this Act; and the authority and title over and to all monies and property held and owned by the Town of Tallulah Falls heretofore created shall vest in said Town as created by this Act. Town created. Section 5. That the said mayor and four councilmen shall be elected on the first Saturday in January of each year, and shall hold office until their successors are elected and qualified, said election to be held and conducted as members of the General Assembly are elected, and the laws governing

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the election of members of the General Assembly are hereby made applicable to the election of said officers for said Town. Said Mayor and councilmen shall give notice of said election to the voters of said Town. No one shall vote at elections in said Town who is not qualified to vote for members of the General Assembly in said Town, and who has not resided six months in said Town, and who has not paid all taxes due said Town. Election. Section 6. That said mayor and council shall have power to appoint a marshal, treasurer or any other officers needful to govern said Town and to fill by appointment all vacancies that may occur in said council until the next regular election of officers, and said officers shall be sworn to faithfully and impartially discharge the duties of their offices which oath shall be filed and entered upon the minutes of said council. Officers. Section 7. That the mayor of said Town shall be ex-officio Justice of the Peace, so far as the issuing of warrants against any offenders against the penal laws of this State within the corporate limits of said Town, and may bind them over to the Superior Court, and in default of bond commit them to the common jails of said Counties. Hayor ex-officio J. P. Section 8. That said mayor and council shall have power and authority to establish a Parks Commission in and for said Town, to provide the funds necessary for its establishment, maintenance and operation, and to specify its functions and powers. Said Parks Commission shall have the right to make plans and studies for laying out and creating parks comprising any or all of the scenic beauties in said Town, and for the development and improvement of such parks and scenic beauties, for the benefit of the people of said Town of Tallulah Falls and of the many visitors attracted to that section of the State by the grandeur of nature's handiwork; provided, that said Parks Commission

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shall not have authority to incur any expense or costs on behalf of said Town of Tallulah Falls without first obtaining the approval of the mayor and council. The mayor and council shall have power and authority to provide, by proper ordinance or ordinances, for the financing and carrying out of any such plans which may be submitted to them by the Parks Commission. Parks Commission. Section 9. That said mayor and council shall have the power and authority to establish, maintain and operate facilities for public education in and for said Town by local taxation, pursuant to the provisions of Section 2-6901 and 32-1109 of the Georgia Code of 1933, and such other Sections of the Code as are applicable, together with the power and authority to provide facilities and attractions for the entertainment of tourists. Education. Section 10. That said mayor and council shall have power and authority to establish, by ordinance, a board of health in and for said Town, to provide the funds necessary for its establishment, maintenance and operation, and to specify its functions and powers. Such Board of Health shall have authority to make rules and regulations for the proper sanitation of said Town, and for the protection of public health therein; and the mayor and council shall have authority to pass all necessary ordinances, and fix penalties for violation thereof, for the enforcement of any such rules and regulations which may be made by said Board of Health. Board of Health. Section 11. That said mayor and council shall have power and authority to appoint from three to five persons to constitute the Board of Health of said Town; from three to five to constitute the Board of Education; and from three to five to constitute the Parks Commission; all persons so appointed to serve for such terms and for such compensation as may be fixed by the mayor and council, or without

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compensation, in the discretion of the mayor and council. Said mayor and council shall prescribe the powers, duties and privileges of any and all persons appointed to membership on the Board of Health, Board of Education or Parks Commission. Boards appointed. Section 12. That the mayor and councilmen of said Town shall have full and complete control of the streets, public roads, sidewalks, alleys, public squares and public ways in said Town, and shall have power and authority to lay out, make, change, abandon, discontinue, pave, maintain work or improve the same in any manner they may deem to the best interest of said Town; and in this connection they may require all persons residing within the corporate limits, subject to road duty under the laws of Georgia, to work on said streets, roads, sidewalks, alleys, squares and public ways the number of days prescribed for road hands by the State laws, or pay money in such commutation as the mayor and council shall fix in lieu of such work, not exceeding $3.00 per annum. Said mayor and council shall have power and authority to buy or condemn property of any and all kinds for the purpose of widening, straightening, grading or in any way changing said streets or for the purpose of laying out and building new streets, alleys or public ways in said Town, and when it becomes necessary to condemn lands for the purpose herein named whether the lands so condemned shall be in the hands of the owners, trustees, administrator, executor, guardian or agent, said condemnation may be done in the manner provided in Sections 36-301 to 36-607, inclusive, of the Code of Georgia of 1933, and the general laws of the State relative thereto. After any proceedings shall have been begun to condemn lands for the purposes herein specified, the mayor and council may abandon the same at any time they think it to the best interest of the Town upon payment of costs, which they are hereby authorized to do. The mayor

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and councilmen shall have full power and authority to remove or cause to be removed any buildings, steps, gate, fence, post or other obstruction or nuisance in the public streets, alleys, lanes, sidewalks, squares or other public places in said Town and enforce the provisions of this section by appropriate ordinance. The mayor and councilmen shall have the further right, power and authority to provide for and regulate or have the same done, the curbs, gutters, or other sluice ways or drain ways emptying into the streets, sidewalks, alleys or other public ways of said Town; to regulate or prohibit (except as such power may be restricted by any existing general law of the State) the use of the streets, sidewalks, public squares or other public ways or places of said Town for signs, sign posts, awnings, telegraph or telephone poles, electric light and power poles, horse troughs, racks, and for carrying banners, hand bills and advertising; to regulate and prohibit exhibitions of banners, hand bills, placards or things of like character on the streets and sidewalks, and public places, in and of said Town; also to compel any telegraph or telephone company, or electric light and power company, having previously erected poles and wires in said Town to remove the same to any reasonable location designated by said mayor and councilmen, the same to be done for the better maintaining, changing or improving of the public ways or squares of said Town or accommodating the traveling public thereof and therein; and in case said telegraph, telephone or electric light and power company shall fail to remove said poles or wires within thirty days after having been notified to do so, said mayor and councilmen shall have the right to do so at the expense of said company, and collect the cost of such removal by execution. Streets, roads, etc. Removal of obstructions. Section 13. That said mayor and council shall have power and authority to levy and collect a tax of not exceeding one mill on the dollar on all real and personal property in

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said Town subject to State tax, and to levy and collect a special tax on all shows and exhibitions for gain; the taxes levied under authority of this section to be for the ordinary or general purposes of said Town of Tallulah Falls. Taxes. Section 14. That for the purpose of paying the costs of police protection, especially to industrial plants and properties, said mayor and council shall have the power and authority, during continuance of the existing national emergency, to levy and collect a special or extraordinary tax of not exceeding two mills on the assessed taxable value of real and personal property in said Town, provided, that this tax shall not apply to property devoted to residential, farm and school purposes. Police protection. Section 15. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1943. THOMASVILLE CHARTER AMENDMENTS. No. 329. An Act to amend the Charter of the City of Thomasville, approved October 8, 1889, as amended by the several subsequent Acts; to provide for a form of government in said city composed of a Mayor, four Commissioners and a City Manager, in lieu of the present form of government by Mayor and Aldermen, and to declare the rights and powers of said government; to abolish the office of Mayor and Aldermen as constituted under the present Charter, and certain other officers in said city, as provided and constituted under said present Charter; to amend or repeal such sections of the Charter, and to abolish all such offices, as may be deemed necessary to carry into effect the said Commissioner-City Manager

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form of government; to provide the method of election of said Mayor and Commissioners and the City Manager, and other officers and employees of said City of Thomasville, and to provide for the appointment and removal from office of any and all officers and employees of the City of Thomasville by said Mayor and Commissioners or City Manager, in lieu of the election of said officers and employees, by popular vote; to provide a permanent registration list for the qualified voters of said City of Thomasville, and the qualifications of such voters; to provide the qualifications of the said City Manager and Mayor and 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 Thomasville and for the conduct thereof; to provide when and upon what conditions this Act shall become operative, and to provide for an election by the qualified voters of the City of Thomasville for the adoption or rejection of the provisions of said Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved the third day of October, 1889, and the several Acts incorporating the City of Thomasville, in Thomas County, Georgia, creating a municipal government of said city, and the several Acts amending the same, be, and the same are hereby, amended in the following particulars: All provisions of said charter creating a Mayor and Council, or Board of Aldermen, and committees of council in said Act approved the third day of October, 1889, and any Acts amendatory thereto, or previously passed, that were not repealed by said Act are hereby expressly amended so that, and in that, the office of Mayor in the City of Thomasville and the office of Aldermen

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in the City of Thomasville are hereby expressly abolished on and after January 1, 1944. Acts amended. Officers abolished. Section 2. Be it further enacted, that in lieu of the Mayor and Aldermen of said City of Thomasville there is hereby created and established a commission of five citizens, who shall be known as the Board of Commissioners for the City of Thomasville. One of said five shall be designated and known as the Mayor, and shall be elected as such by the voters of said city, but such Mayor shall be a member of said Board of Commissioners for the City of Thomasville. The other four shall be known as Commissioners. Said Board of Commissioners for the City of Thomasville are hereby given all rights, powers and authority heretofore vested in the Mayor and Aldermen of the City of Thomasville, or the Board of Aldermen of the City of Thomasville, or any committee of the Board of Aldermen of the City of Thomasville, except as otherwise provided herein, and except as such rights and powers are hereby otherwise expressly delegated to the City Manager hereinafter created and established. The term the Commission and the term the Board when used in this Act, or in connection therewith shall mean the Board of Commissioners of the City of Thomasville. Board of Commissioners created. Mayor. Section 3. Be it further enacted, that the Mayor and four Commissioners, who shall constitute the Board of Commissioners for the City of Thomasville, shall be elected by the qualified voters of said city for a term of office to begin on the first day in January next after the general election in which they have been elected and to continue for a period of two years, and until their successors have been elected and qualified. Each of them shall be a citizen of said city who shall have the same qualifications as are now prescribed by the present Charter of said city, and its several amendments, for the office of Mayor and Aldermen. Said Mayor shall be elected from candidates offering for

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said office of Mayor; and said Commissioners shall be elected from candidates offering for the office of Commissioner, the four among such candidates receiving the highest number of votes being elected. Election. Term of office. Section 4. Be it further enacted, that general elections shall be held for the election of a Mayor and four Commissioners, who shall constitute the Board of Commissioners of the City of Thomasville, biennially on the third Tuesday in December of each odd year, beginning with the year of 1943. The first of such elections shall be held on the third Tuesday in December, 1943, under the supervision and control of the Mayor and Aldermen of said city and under the laws now of force for holding elections for Mayor and Aldermen for said city, and the returns from said election shall be made to said Mayor and Aldermen, who shall declare the results thereof. Thereafter such elections shall be held under the supervision and control of the Board of Commissioners of said city and under the laws of force for holding elections heretofore for Mayor and Aldermen, and the returns from such elections shall be made to said Board of Commissioners, who shall declare the results thereof. In case there is a tie vote between candidates, a new election shall be called by the authority in control in not less than ten days or more than fifteen days from the election, which election shall be held only for the purpose of determining between the candidates receiving the same number of votes, and elections shall be so called and held as often as may be necessary until a candidate, or candidates, may be elected. All citizens of the City of Thomasville who have registered and have been qualified as registered voters of said City of Thomasville in accordance with the Act of the General Assembly of the State of Georgia for 1931, page 992 et seq. shall be eligible to vote in such general elections. Provided: that, all such elections

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shall be held at one voting precinct at the City Hall in said city, at which all voters therein shall cast their ballots. Biennial elections. Tie vote. voting precinct. Section 5. Be it further enacted, that before assuming the duties of their office the said Mayor and Commissioners shall each take and subscribe the following oath: I swear (or affirm) that I will faithfully and impartially demean myself and perform my duties as a member of the Board of Commissioners for the City of Thomasville during my continuance in office, and in all things pertaining to my office. So help me God. Oath. Section 6. Be it further enacted, that said Mayor shall be the presiding officer of said Board of Commissioners for the City of Thomasville; and he 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 provided; and provided further, that said Board of Commissioners may elect one of their number, other than the Mayor, as Vice-Chairman of said Board, who shall exercise the powers and perform the duties of said Mayor in the absence or disqualification of the latter. Said Mayor, or Vice-Chairman, shall have a vote on all questions before said Board of Commissioners, but shall have no voto power. Three members of said Board of Commissioners shall constitute a quorum for the transaction of business and may exercise any power delegated to the commission. Duties of Mayor. Vice-Chairman. Section 7. Be it further enacted, that said Mayor and each of said Commissioners shall receive a salary of One Hundred ($100.00) Dollars per annum, payable semiannually out of the treasury of said city. Salaries. Section 8. Be it further enacted, that said Board of Commissioners for the City of Thomasville shall, within thirty days after their election and qualification, or as soon thereafter as is practical, select and appoint a City Manager

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for the City of Thomasville, which office in the City of Thomasville is hereby expressly created. Said City Manager shall be chosen without regard to residence or political affiliation, and he shall be the administrative head of the municipal government of said city. His salary shall be fixed by said Board of Commissioners. He shall hold office at the pleasure of said Board of Commissioners, and shall be subject to removal at any time without notice or statement or proof of cause. He shall be selected with due regard to his fitness and experience for handling the municipal affairs and business in an efficient and economical way; and he shall be directly responsible to said Board of Commissioners for the efficient and economical conduct of all city departments, except the City Water and Light Department. During his absence, or disability, the commission may designate some properly qualified person to execute the functions of the office; and in case a vacancy occurs in said office the commission shall elect another City Manager as soon thereafter as is practical. City Manager. Section 9. Be it further enacted, that said City Manager shall devote his entire time to the duties of his office. The powers and duties of said City Manager shall be as follows: Powers and duties. (a) To see that all laws and ordinances of said city are enforced. (b) To exercise control over all of the departments and divisions of the City of Thomasville, now created, or that may hereafter be created, except as herein otherwise provided. (c) To attend all meetings of the Board, with the right to take part in the discussions, but he shall have no right to vote on propositions under consideration. (d) To recommend to the Board of Commissioners for adoption such matters as he may deem necessary and expedient.

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He shall prepare and submit to said Board, at such times as they may request, or at least yearly without any request, an annual budget, setting out the probable needed expenditures in all departments of the city for the ensuing year, which report shall show, as nearly as can be arrived at, the probable revenue of the city from said sources. (e) To keep the Board advised as to the financial condition and needs of the city. (f) To supervise and direct the conduct of all officers and employees, except as otherwise provided herein. (g) To supervise the performance of all contracts made by any person for all work done for the city, and to make all purchases of materials and supplies used by the city under competitive bids, and under such rules and regulations as said Board may adopt. (h) To appoint, discharge and fix the salaries of employees in all departments, except the Water and Light Department, and except as otherwise herein provided in this Act; Provided, that all such terms of employment shall be made only at the pleasure of the City Manager. All such appointments shall be made upon merit and fitness for the performance of the duties required. (i) To perform such other additional duties, not inconsistent with those named herein, as the said Board of Commissioners may by ordinance or resolution prescribe. Section 10. Be it further enacted, that said Board of Commissioners may require the said City Manager to go before them at any time and answer questions, either orally or in writing, and may require of said City Manager, at any time they see fit, any reports on any matter involving the city that they deem proper, and said City Manager shall report monthly to said Board of Commissioners his general

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actions and doings, and shall at regular stated intervals, at least quarterly, file with said Board of Commissioners full and complete reports of the various departments of the city. Reports. Section 11. Be it further enacted, that said Mayor and each of the Commissioners shall devote as much time as may be necessary to the duties of the office held. The said Board of Commissioners shall meet at least once a month at stated intervals, and shall hold their meetings in public, except when they deem an executive session expedient. Said Board shall keep reports of its meetings and shall record all its actions; and the City Clerk is hereby named as the official secretary of the Board of Commissioners and is charged with the duty of attending and keeping the minutes of all meetings of said Board, which record and minutes shall be open to the inspection of the general public in the office of said City Clerk in the City Hall at all reasonable hours. All votes shall be taken by aye and nay, and shall appear in the minutes. The Board shall be required to meet in special session as often as the Mayor or any two Commissioners or the City Manager may request. Special meetings of the Board shall be called by the Mayor, or the necessary Commissioners, or the City Manager, filing a written request for the same with the City Clerk, stating the time for said meeting. Upon such notice being filed with the City Clerk it shall thereupon be the duty of said Clerk to serve notice upon every member of the Board and the City Manager, whose names are not attached to the request for such meeting to be called, said notice to be served in writing, orally, or by telephone upon such members of the Board who are to be found within the city limits of the City of Thomasville; and upon the Clerk's failure to locate any member of the Board for service of notice as above provided, a written notice of such meeting shall be left at his place of business or residence. The same rule of service

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shall apply to the City Manager or anyone else with whom the Board has special business to transact. City Clerk as Secretary of Board. Special meetings. Section 12. Be it further enacted, that in case of a vacancy in the office of Mayor or of any Commissioner, the Board of Commissioners, consisting of those remaining, may elect some eligible person to fill such vacancy and to hold said office for the balance of such term. Vacancies. Section 13. Be it further enacted, that no person elected as Mayor or Commissioner shall, at any time before going into office, promise any person to appoint him to office or agency or employment of the city. Any person, upon conviction for violation of this provision, shall be punished as for a misdemeanor, the punishment to be defined by the Code of the State of Georgia of 1933, Section 27-2506; and in addition the tenure of office of such person shall be forfeited and shall be declared vacant by the Board of Commissioners. Employment not to be promised. Section 14. Be it further enacted, that the corporate entity, corporate name and corporate limits of the City of Thomasville are hereby in all respects fully preserved as defined in the original Act approved October 3, 1889, together with all amendatory Acts thereof, except as herein expressly provided; and all Acts not inconsistent with this Act are hereby declared continued in force. Provided, further, that all property rights of said city, and all its contractual rights and obligations are hereby expressly declared continued in full force and effect; and that all of its corporate acts through ordinance or resolution heretofore done or undertaken are hereby ratified and confirmed; and that all of its forms heretofore prescribed for its official acts through ordinances or resolutions are hereby preserved, except that additional ordinances, resolutions or amendments, shall upon the effective date of this Act be thereafter passed by said Board of Commissioners of said

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City of Thomasville, 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. Section 15. Be it further enacted, that the office in the City of Thomasville of Superintendent of the Water and Light Department is hereby expressly preserved, and that the duties and powers of said officer, as prescribed by the Charter of the City of Thomasville and by the ordinances and resolutions heretofore passed by the duly constituted authorities of the City of Thomasville, are hereby expressly preserved. Said Board of Commissioners shall elect a Superintendent of the Water and Light Department at its January meeting, or at such other time as it may then designate. Supt. of Water and Light Dept. Section 16. Be it further enacted, that that certain amendment to the Charter of the City of Thomasville, contained in the Acts of the General Assembly of Georgia for the year 1933, page 1109, et seq., creating a reserve fund for the Water and Light Department for the City of Thomasville, and creating a Water and Light Commission, and successors in office, and for other purposes be and the same is hereby expressly preserved, except that the Board of Commissioners herein provided for, and their successors in office, shall constitute said City of Thomasville Water and Light Commission in lieu of the members of the Water and Light Committee of the council, and their successors in office. Act 1933, p. 1109, et seq., preserved. Section 17. Be it further enacted, that the Board of Education of the City of Thomasville and terms of office of its various members, its jurisdictions, powers and duties, are hereby expressly preserved, and that qualifications of said Board and their method of election shall in no wise be affected by the passage of this Act. Board of Education preserved.

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Section 18. Be it further enacted, that the office of Chief of Police of the City of Thomasville and Marshal of the City of Thomasville is hereby expressly preserved, and that all the duties delegated to said officers under the Charter, ordinances and resolutions of the City of Thomasville shall continue to be fulfilled and exercised by said officer, and that the present Chief of Police and Marshal shall serve for the term of office for which he has been elected and until his successor shall be appointed and qualified, but that the office of the present Chief of Police and Marshal shall, upon the expiration of the term of the present incumbent, be filled by appointment by the City Manager, as hereinbefore provided. Chief of Police and Marshal preserved. Section 19. Be it further enacted, that the office of City Clerk of the City of Thomasville is hereby expressly preserved, and that all the duties delegated to said officer under the Charter, ordinances and resolutions of the City of Thomasville shall continue to be fulfilled and exercised by said officer, and that the present City Clerk shall serve for the term of office for which he has been elected and until his successor shall be appointed and qualified, but that the office of the present City Clerk, shall upon the expiration of the term of the present incumbent, be filled by appointment by the City Manager, as hereinbefore provided. City Clerk preserved. Section 20. Be it further enacted, that the office of City Treasurer of the City of Thomasville is hereby expressly preserved, and that all the duties delegated to said officer under the Charter, ordinances and resolutions of the City of Thomasville shall continue to be fulfilled and exercised by said officer, and that the present City Treasurer shall serve for the term of office for which he has been elected and until his successor shall be appointed and qualified, but that the office of the City Treasurer, shall upon the expiration of the term of the present incumbent, be filled by appointment by the City Manager, as hereinbefore provided. City Treasurer presedved.

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Section 21. Be it enacted, however, that the City Manager may, should he deem the same expedient and in the interest of economy, upon the expiration of the terms of office of the present incumbents for City Treasurer and City Clerk appoint one and the same person to both offices, and such person is hereby expressly authorized to serve in both official capacities for said city. Clerk and Treasurer combined. Section 22. Be it further enacted, that the office of City Sexton of the City of Thomasville is hereby expressly preserved, and that all the duties delegated to said officer under the Charter, ordinances and resolutions of the City of Thomasville, shall continue to be fulfilled and exercised by said officer, and that the present City Sexton shall serve for the term of office for which he has been elected and until his successor shall be appointed and qualified, but that the office of the City Sexton shall, upon the expiration of the term of the present incumbent, be filled by appointment by the City Manager, as hereinbefore provided. Sexton. Section 23. Be it further enacted, that the office of City Attorney of the City of Thomasville is hereby expressly expressly preserved, and that all the duties delegated to said officer under the Charter, ordinances and resolutions of the City of Thomasville, shall continue to be fulfilled and exercised by said officer, and that the present City Attorney shall serve for the term of office for which he has been elected and until his successor shall be appointed and qualified, but that the office of the City Attorney shall, upon the expiration of the term of the present incumbent, be filled by appointment by the City Manager, as hereinbefore provided. City Atty. Section 24. 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

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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. Vouchers. Section 25. Be it further enacted, that no member of the Board of Commissioners, the City Manager, nor any official or employee of the City shall be directly or indirectly interested in any contract, job, service with or for the city, nor in the profits or emoluments thereof; and any contract on the part of the city which violates this section may be declared null and void by the said Board of Commissioners. No member of the Board of Commissioners, the City Manager, nor other officer or employee of the city shall knowingly accept any gift, frank, pass, or other emulment from any person, firm or corporation operating any public utility, or engaged in any business of a public nature within the city, or from any person, firm, or corporation seeking to sell or which may desire to sell supplies to said city, perform service for, or make a contract with said city. Officials shall have no interest in contracts, etc. Section 26. 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

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shall be signed by the Mayor, 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. Investigations. Section 27. Be it further enacted, that the present method of taxing property for taxation for 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. Taxes. Section 28. Be it further enacted, that the office of Recorder for the City of Thomasville is hereby expressly preserved, and that all the duties delegated to said officer under the Charter, ordinances and resolutions of the City of Thomasville shall continue to be fulfilled and exercised by said officer, and that the present Recorder shall serve for the term of office for which he has been elected and until his successor shall be appointed and qualified; that the Board of Commissioners shall, upon the expiration of the term of office of the present incumbent, select a successor who shall exercise all powers and duties prescribed for said officer by the amendment to the Charter of the City of Thomasville embodied in the Acts of the General Assembly of the State of Georgia of 1909, at pages 1463, et seq. Recorder. Section 29. Be it further enacted, that the Board of Commissioners may by resolution or ordinance provide that all moneys and funds coming into any department, or the hands of any official or employee, and belonging to the city, shall be turned into the said City Treasury as often as may be practicable, for which the said City Treasurer shall keep accurate record and issue valid receipt to the department or official making such deposits. Wherever practicable, such deposits shall be made with the City Treasurer

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daily, and the City Treasurer may be required by the Board or the City Manager at any time to prepare a financial statement of his affairs. Funds payable to City Treasurer. Section 30. Be it further enacted, that it shall be lawful for the Board of Commissioners to require bond of any city official employee handling funds, or authorizing the payment of funds, in such amount as they may by resolution provide. It shall be lawful for the city to pay for the writing of such bond or bonds. The Board of Commissioners shall have the books of said city audited at least once a year by a certified public accountant. Bonds. Audits. Section 31. Be it further enacted, that the Board of Commissioners shall adopt the same parliamentary procedure as now used by the Mayor and Aldermen, with power to amend the same in any manner by ordinance. Parliamentary procedure. Section 32. Be it further enacted, that whenever necessary to carry the terms of this Act into effect and harmonize the same with the present charter, the words Board of Commissioners for the City of Thomasville shall be read in the place of Mayor and Council or in the place of Council, Mayor and Aldermen or Board of Aldermen, except where to do so would be to render void some particular provisions of this Act. Words harmonized. Section 33. Be it further enacted, that that certain Act of the General Assembly of Georgia, approved August 11, 1927, and entitled: An Act to amend the Charter of the City of Thomasville, Georgia, to provide for the establishment of a park and tree commission, be and the same is hereby repealed. Act 1927 repealed. Section 34. Be it further enacted, that the Mayor and Council of the City of Thomasville shall call an election for the adoption or rejection of this amendment, to be held within thirty days of the call, as provided in the Act of the

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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 of 1933, Sections 69-101 and 69-102; Provided, that, within sixty days after the passage of this Act, there shall have been presented to said Mayor and Council a petition requesting such election signed by more than one-fifth of the qualified voters of the City of Thomasville. Referendum. Section 35. Be it further enacted, that, should a majority of the votes cast in said election result in favor of the adoption of this amendment, this said Act shall become effective immediately, but shall become operative only as herein provided; and that the present Mayor and Council shall thereafter provide for the election on the third Tuesday in December of 1943, for the election of a Mayor and four Commissioners, as provided for in Section 4 of this Act, to begin their term of office on the first day in January of 1944. Effective date. Section 36. Be it further enacted, by the authority aforesaid, that all laws or parts of laws in conflict with this Act are hereby repealed, Provided that all corporate powers heretofore granted said municipality shall remain of full force and effect, to be exercised in the manner and by the methods provided by this Act. Approved March 15, 1943. THOMSON CHARTER AMENDMENTS. No. 97. An Act to amend Section 16 of the Act amending the original Act incorporating the Town of Thomson in McDuffie County, Georgia, pertaining to the salary of the Mayor of said City as appears in Georgia Laws of 1927,

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page 1639; to amend Section 19 fixing the term of office of the City Attorney, as appears in Georgia Laws 1927, page 1640; to amend Section 22 of said Act pertaining to the salary of policemen as appears in Georgia Laws of 1927, page 1641-2, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same, that Section 16 of the Act of the General Assembly of Georgia amending the original Act incorporating the Town of Thompson in McDuffie County, Georgia, as the same appears in Georgia Laws of 1927, page 1639, be and the same is hereby amended by striking therefrom the first sentence of said Section and substituting therefor the following: That the Mayor of the City shall receive a salary of not less than $250.00 and not more than $750.00 per annum. So that when amended said section shall read That the Mayor of the City shall receive a salary of not less than $250.00 and not more than $750.00 per annum. Said salary shall be fixed by the Councilmen for the full term of the Mayor at the first regular meeting of Council after election and qualification, and the salary so fixed shall not be changed during the term of office. Act amended. As amended. Mayor's salary. Section 2. Be it further enacted that Section 19 of the Act amending the original Act incorporating the Town of Thomson in McDuffie County, Georgia, as appears in Georgia Laws of 1927, pages 1640 and 1641, be and the same is hereby repealed and in lieu thereof the following is substituted. That at the first regular meeting after their qualification, the Mayor and Council shall elect a City Attorney whose term of office shall be one year from the date of the election, whose duties shall be such as is required by law and the ordinances of said City and by the direction of the Mayor and Council. The said City Attorney shall be paid a salary to be fixed by the Mayor and Council, not to exceed

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the salary paid to councilmen, same to be paid annually. Said Attorney shall represent the City in all matters in which the City is interested or involved, and shall be paid for all extraordinary legal services in such amount as may be reasonable and just and as may be agreed upon between the City Attorney and the Mayor and Councilmen. Whenever, in the judgment of the Mayor and Conucilmen, it shall be advisable to employ additional counsel to assist the City Attorney, authority to do so is hereby given the Mayor and Councilmen, compensation for such service to be fixed by the Mayor and Council. Further amended. City Atty. Additional counsel. Section 3. Be it further enacted that Section 22 of the Act amending the original Act incorporation the Town of Thomson in McDuffie County, Georgia, as appears in Georgia Laws, 1927, pages 641 and 642, be and the same is hereby amended by striking the figures $125.00, wherever same may appear in said section and substituting in lieu thereof the figures $200.00 so that said section when amended shall read as follows: that at the first regular meeting after qualification the mayor and council shall elect a chief of police and one assistant and as many additional policemen as in their judgment may seem proper and necessary. Such officers shall be elected for the term of one year; shall be paid such compensation as may be prescribed by the mayor and council, not to exceed a salary of $200.00 per month; provided, that said officer shall, in addition to such salary as may be fixed by said mayor and council, receive such fees and commissions as may be prescribed by the mayor and council. All such offices shall make and subscribe such oaths as the mayor and council may prescribe for the faithful performance of their duty, and to strictly account for all money that comes into their hands as officers of said city. They shall perform such duties as is required and provided for with this Act, and as may be prescribed

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and required of them by the laws and ordinances of said city and by said mayor and council. Further amended. To read. Policemen. Compensation. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 16, 1943. UNION CITY WATERWORKS. No. 64. An Act to amend the Acts of 1908, page 935, and other amendments thereto, creating the town of Union City, so it can extend the water works outside of the City limits of Union City and charge for same. Be it enacted by the General Assembly of Georgia, and it is enacted by the authority of the same: Section 1. An Act to amend the Acts of 1908, page 935, and the amendments thereto are amended by adding a new paragraph, to read: Act amended. The Town of Union City is hereby authorized to lay water pipes outside of the corporate limits of the town of Union City and meters and anything else they desire in connection with extending the water works, and to charge for the use of same by the residents. Water works extended. Section 2. All the Acts conflicting with this Act are hereby repealed. Approved February 16, 1943.

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VIDALIA ELECTIONS. No. 190. An Act to amend an Act creating a new Charter for the City of Vidalia in the County of Toombs, State of Georgia, approved August 8, 1922; amending said Act approved March 28, 1935, said amendment provided for the holding of a democratic primary election in the City of Vidalia, to fix the qualification of voters voting at said primary election and to provide for the registration of voters in said election; to provide for and to fix the permanent date for holding of a primary election in said city of Vidalia, and to fix rules for holding the same; and to provide for and this [sic] creating a primary executive committee for the City of Viladia, to fix their qualifications and to provide for the election of a democratic committee and to fix their duties; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act incorporating the City of Vidalia, Georgia, approved August 8, 1922, as amended by another Act of the General Assembly of the State of Georgia, approved March 28th, 1935, be and the same is hereby further amended by eliminating from said Act, Section 5 and adding in lieu thereof another Section numbered 5 as follows, to-wit: Act amended. Section 5. A system of registration and voters in the primary election shall be the same as now fixed for registration and voting in the general election in the City of Vidalia, Georgia, except that all persons registering and voting in the primary election shall be at the time they register and vote, qualified to register and vote for members of the General Assembly in the state democratic primary election; except that no voter in the City of Vidalia, Ga., in order to be qualified to vote in any primary

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or general election in the City of Vidalia, Ga., shall be required to register his or her name as a voter at any place except as required by the Act of the General Assembly as approved August 8, 1922, with reference to qualification of voters. And except that it shall not be necessary for any person to pay any taxes including poll taxes in order to be qualified to vote in any election in the City of Vidalia, Georgia, or general election. New Sec. 5. Registration of voters. Section 2. Be it further enacted that this Section, No. 5, shall be substituted for Section 5 as it now appears in the Act of the General Assembly of 1935, and approved March 28, 1935. And that the said Act be, and the same is hereby amended accordingly. Section 3. Be it further enacted that all laws or parts of laws conflicting with this Act be and are hereby repealed. Approved March 2, 1943. VALDOSTA CHARTER AMENDMENTS. No. 337. An Act to amend the Charter of the City of Valdosta; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act of the General Assembly of Georgia incorporating the City of Valdosta, Georgia, approved November 21, 1901, (Acts 1901, pages 670 to 688, both inclusive, 670 to 688) and Acts amendatory thereof be, and the same are hereby, further amended by adding the following paragraphs, to-wit: Act amended. That the Clerk of the City of Valdosta, Georgia

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shall make up and keep in his office, open to public inspection, a direct and correct statement in detail of all sums of money paid to any officer, department head, office employee, agent, attorney-at-law, or other person employed directly or indirectly, other than those performing manual labor, of the City of Valdosta, for salaries, fees, professional fees, special compensation or other compensation, or for traveling or other expenses, for each of such persons during the year 1942, and for each year thereafter, showing in detail each payment, the amount so paid, the purpose for which paid, and in cases of expenses showing in reasonable detail the items for such expenses, and that such statement for the year 1942, and the months of January, February and March, 1943 shall be completed without delay, and, in no event later than April 15, 1943, and thereafter monthly by the 10th day of the month for the immediate preceding month during the months and years subsequent to April 1, 1943; and that such statements so prepared by said Clerk be published at least one time in a newspaper having general circulation in the city of Valdosta, Ga. Monthly statements by Clerk. Publication. Section 2. Be it further enacted that each of such employees, officers, agents, Attorneys-at-Law and others shall render to the said Clerk of the City of Valdosta, promptly, and in detail, a statement showing the compensation received, the purpose for which paid, and an itemized statement of expenses for which reimbursement from the City of Valdosta is requested, or has been received. Statements by employees. 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 15, 1943.

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VALDOSTA TERRITORIAL EXTENSION. No. 369. An Act to amend the charter of the City of Valdosta and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia, incorporating the City of Valdosta, Georgia, approved November 21, 1901 (Acts, 1901, pp. 670 to 688, both inclusive) and Acts amendatory thereof, be, and the same is hereby, further amended so as to extend the corporate limits of the City of Valdosta so that, in addition to the boundaries defined in said Act, as amended, said boundaries be extended so as to include on the northwestern corporate limits the following described additional territory, to-wit: Act amended. Beginning at a point where the present city limits' line intersects the center line of West Alden Avenue, thence running in a westerly direction on West Alden Avenue 418.6 lineal feet south 55 degrees 02 minutes west to a point, thence 195.7 lineal feet south 42 degrees 32 minutes east to a point, thence 647 feet south 55 degrees 02 minutes west to a point, thence 191.5 lineal feet north 31 degrees, 16 minutes west to a point, thence 1467.3 lineal feet south 55 degrees 02 minutes west to a point; said point being the intersection of the center line of West Alden Avenue to the center line of McLeod Road; thence in a southerly direction on McLeod Road 1,501.8 lineal feet south 42 degrees 25 minutes east to a point; said point being the intersection of the center line of McLeod Road with the center line of Bay Tree Road, in an easterly direction on Bay Tree Road 520 lineal feet north 87 degrees 13 minutes east to a point; said point being the intersection of Bay Tree Road with the center line of Sustella Avenue, thence in a southerly direction on

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Sustella Avenue 718 lineal feet south 30 degrees 57 minutes east to a point where the center line of Sustella Avenue intersects the present city limits' line. City limits extended. Section 2. Be it further enacted that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 18, 1943. WARNER ROBINS CHARTER. No. 260. An Act to create and incorporate a new municipality in Houston County, to be known as Warner Robins; to provide a charter for and to declare the rights, powers, and privileges of said municipality, and of its officers; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That a new municipality be and the same is hereby created, to be known as Warner Robins, to have perpetual existence, power to sue and be sued, plead and be impleaded, to have and use a common seal, to hold, possess, lease, sell, or otherwise dispose of property within or without the limits of the corporation, to borrow money, to fully contract respecting municipal affairs, and to do all and every lawful act relating to its creation and existence as a municipality of this State. Warner Robins created. Section 2. Be it further enacted, that the corporate limits of said municipality shall extend over that territory embraced within the following descriptions: Beginning at a point in the Lower Fifth District of

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Houston County on the west boundary of the Robins Field Reservations (United States), one-half a land lot south of the north boundary of land lot two hundred twenty-five (225), and extending in a westerly direction parallel to east-west land lot lines to a point one thousand (1,000) feet west of the east boundary of land lot one hundred ninety-two (192), thence in a northerly direction parallel to north-south land lot lines to the north boundary of land lot one hundred ninety (190), thence in an easterly direction parallel to east-west land lot lines to the point of intersection of land lots two hundred fifteen (215) and two hundred sixteen (216) with the west boundary of the Robins Field Reservation, thence in a southeasterly direction along the west boundary of the Robins Field Reservation to the starting point. Corporate limits. Section 3. The governing authority of said corporation shall consist of a Mayor and four (4) Aldermen, whose salaries shall be fixed by the governing authority at a maximum of fifty dollars ($50.00) per year for the Mayor, and twenty-five dollars ($25.00) per year for each Councilman. Mayor and Aldermen. Salaries. Section 4. Upon presentation of a petition signed by a majority of persons residing in territory contiguous to the territorial limits of the corporation, the Mayor and Councilmen may, in their discretion, call a special election to be held not less than thirty (30) days, nor more than sixty (60) days from the presentation of said petition, at which election the qualified voters of the contiguous territory shall vote for or against annexation of such territory to this corporation. The Mayor and Councilmen are fully empowered to legislate respecting the mode and manner in which said election is held, the vote consolidated and the result determined. Territory annexed.

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Only those persons residing in such territory who are qualified to vote for members of the General Assembly from Houston County and have resided in such territory for a period of two (2) months next before the election and shall have registered as prescribed by the Mayor and Councilmen shall be entitled to vote at said election. Simultaneously with the election to be held by the residents of the territory requesting annexation, the Mayor and Councilmen shall cause to be held a special election by the qualified and registered voters of the then territorial limits of the corporation, at which election said voters shall also vote for or against annexation of said territory. Said election shall be held in accordance with the rules set forth in this Act respecting all municipal elections, and the Mayor and Councilmen shall have power and authority to prescribe other rules and regulations not inconsistent therewith. In the event a majority of the voters at each of said elections shall vote for annexation, the Mayor and Councilmen shall pass appropriate legislation to accomplish the inclusion of the territory in the corporate limits. Declarations of the results of such elections and contests thereof shall be governed by the provisions of this Act respecting municipal elections. Election. Section 5. The following shall be Mayor and Councilmen respectively, from the passage of this Act, and until their successors are elected and qualify: C. B. Watson, Mayor, Roy E. Aven, W. C. Miles, T. M. Brundage, and C. R. Rader. Officials designated. The named Mayor and Councilmen shall take office within thirty (30) days of the passage and approval of this Act, taking an oath to faithfully perform the duties of their offices before a Judge of the Superior Court of Houston County. An election for a Mayor and four (4) Councilmen shall be held on the Tuesday after the first Monday in November,

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1944, and every four (4) years thereafter on the same day, and the hours of voting shall be as prescribed by the Mayor and Councilmen, announced at least ten (10) days before the holding of such election. The Mayor and Councilmen hereafter elected shall serve in their respective offices until their successors are elected and qualify. The Mayor and Councilmen shall take office on the first Monday of December following their election, taking the same oath of office and in the same manner as provided for the persons specially named hereinabove as the initial Mayor and Councilmen. Election of officers. Section 6. In the event of any vacancy in the office of Mayor or of Councilmen by death, resignation, or for 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, and in such cases the Mayor or Councilmen, as the case may be, shall take office immediately. Vacancies. Said Mayor and Councilmen shall hold regular and open meetings on the first Monday of each calendar month, and called meetings at such times necessary to conduct the affairs of the corporation. Meetings. Section 7. With the exception of the persons specifically named in Section 4 hereof, the Mayor and Councilmen shall be qualified to vote for members of the General Assembly of Georgia, shall be at least twenty-five (25) years of age, and shall have been a resident of such corporation for at least three (3) months prior to the election at which office is sought. Qualification of officers. Section 8. The qualifications necessary to entitle a person to vote at any municipal election shall be as follows: Qualifications of voters. (a) Such person shall be at least twenty-one (21) years of age;

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(b) Shall have resided within the corporate limits of the municipality for at least three (3) months preceding the date of election: (c) Shall be a citizen of the United States and of the State of Georgia; (d) Shall have paid all poll taxes that he may have had an opportunity of paying agreeably to law, such payment to be made at least six (6) months prior to the election at which vote is offered, except when such elections are held within six (6) months from the expiration of the time fixed by law for the payment of such taxes. Section 9. The Mayor and Councilmen shall keep or cause to be kept, open at all times except as indicated hereinafter, a book for the registration of voters, and all qualified voters shall register therein, taking an oath to be prescribed by the governing authority of the corporation, embodying the elements of qualification set forth in this Act. Registration book. Said registration book shall be closed thirty (30) days before any municipal election and during the first ten (10) days of such period the registration list shall be purged of all disqualified voters by a Registrar to be selected by the Mayor and Councilmen. At least ten days prior to any election, the Registrar shall prepare and post, at some prominent and central place within the corporate limits, a list of voters qualified to vote at such election, and no person shall be entitled to vote in said election whose name does not appear on said list, or as the same may be augmented by the names of persons duly registered but erroneously eliminated by said Registrar, and as so determined by him upon complaint of the voter so eliminated. At least three (3) days prior to any municipal election, the Registrar aforesaid shall furnish a copy of the list of

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qualified voters to the managers of said election whose selection is hereinafter provided. Election managers. At least ten (10) days prior to any municipal election, the Mayor and Councilmen shall select two (2) freeholders and qualified voters of said corporation to serve as the managers at such election. Such managers shall preside over the election at the polling place or places and for the period of time said place or places are held open, as prescribed by the Mayor and Councilmen; shall receive the ballots, count, and consolidate the vote, and report the same to the governing authority, which shall meet and declare the result of said election on the Monday following next after such election. If any person shall desire to contest any election held under and by virtue of this Act, said contest shall be held, and notice thereof given, as is now provided for contest of elections for County officers in this State. Contests. Section 10. The Mayor and Councilmen shall constitute the legislative department of the City government, and as such shall be vested with full power and authority to condemn property either within or without the corporate limits, necessary for any public purpose, in accordance with the method and procedure of the condemnation of property provided by the laws of Georgia; to lease or sell any public property not used for public purposes; to make and establish by ordinance or resolution, rules and regulations respecting public streets, sidewalks, alleys, and parks, public markets and marketing, drainage, fire prevention and control, railroads, street railroads and transportation systems, motor-busses and other common carriers for hire, hotels, theatres, any and all places of amusement or to which the public is invited, buildings, motor-vehicles and other vehicles, filling stations, garages, public-utility companies, and respecting all other matters and things affecting the good

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government of said corporation as they shall deem requisite and proper for the security, welfare, health, and convenience of said municipality, and for the preservation of the peace and good order of the same. Mayor and Council. Powers. This general enumeration of powers is not to be construed as in conflict with any other power or authority conferred by the terms of this Act or general Acts applicable to this corporation, but, on the contrary, shall be construed as in aid of such power. All legislation shall be adopted or rejected by the majority vote of the Mayor and Councilmen, the Mayor, in all cases, being entitled to a vote. Section 11. The Mayor and Councilmen 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 corporation for the purpose of regulating the location of trades, amusements, industries, apartment houses, dwellings or other uses of property; or for the purpose of regulating the height of buildings, fences, or other structures or the area or dimensions of lots or of yards used in connection with buildings or other structures; or for the purpose of regulating the alignment of buildings or other structures in relation to streets or in relation to one another. Zoning. Building restrictions. The zoning regulations may be based upon any one or more of the purposes above described. The corporation may be divided into such number of zones, districts, or areas, and such may be of such shape and area as the governing authority shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of zones, districts, and areas, and regulations relating thereto, classifications may be based on the nature or character of the

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trade, industry, profession 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; consistency of use of such premises with the use of other properties, both public and private, and including properties of the corporation, the County, the State, and the United States; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, property, welfare, or for the prosecution of the war, defense, and preparedness efforts of the State and Nation. 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 corporation, in the discretion of its governing authority, to take advantage of all present and future constitutional amendments to general law and/or new laws with reference to purposes of this section. No specific enumeration herein shall be construed to affect the generality of the powers conferred. Section 12. The corporation shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the municipality; upon banking, insurance, and other capital employed therein; upon salaries and incomes derived from property and business within the City, and upon gross sales within the City; provided that no tax upon real or personal estate or property shall exceed five (5) mills upon the value thereof, the exact tax levy to be determined by resolution of the Mayor and Councilmen. Taxes. Section 13. The Mayor and Councilmen, by ordinance or resolution, shall have full power to levy such license and specific or occupation taxes upon the residents of the corporation,

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and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the governing authority may deem expedient and necessary for the safety, benefit, convenience, or advantage of the corporation; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make all suitable laws and regulations necessary or proper to the carrying out of the powers herein conferred, and to prescribe suitable penalties for the violation thereof. Licenses. Section 14. The Mayor and Councilmen shall have authority to appoint or elect officers, agents, and employees necessary, in the opinion of said Mayor and Councilmen, for the proper management and operation of said corporation and to prescribe their duties and fix their salaries. Said governing authority, in its discretion, may permit any person to hold one or more of said positions or office, agency, or employment. Any and all powers of the Mayor and Council, save the power of legislation, may be delegated to any such officer, agent, or employee. Employees. All such officers, agents, and employees shall hold their employment during the pleasure of the Mayor and Councilmen. Section 15. All persons owning property subject to ad valorem tax shall make returns thereof at fair market value, for tax purposes, to such officer, at such times and in such form as the Mayor and Councilmen may direct. Tax returns. The Mayor and Councilmen shall constitute the corporation's Board of Tax Assessors, and it shall be their duty to assess all property for taxation and in the event of failure

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to make a return as prescribed, to assess a penalty of ten per cent (10%) of the assessed value. Tax assessors. In the event of dissatisfaction on the part of any taxpayer over any such assessment, he shall, within ten (10) days of notice of assessment have the right to arbitrate the value by selecting a disinterested party, and the Mayor and Councilmen 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. The arbitrator of the complaining taxpayer must be selected within ten (10) days of assessment notice; the arbitrator of the corporation within five (5) days thereafter and the third arbitrator, if necessary, within the next five (5) day period. In the event of failure to agree upon a third arbitrator within the time specified, the selection shall be made within twenty (20) days thereafter, by the senior Judge, in point of service, of the Superior Court of Houston County. Arbitrators. All ad valorem taxes shall be payable on or before the 20th day of December of the year in which levied and assessed. Section 16. The Mayor and Council shall have the right to enforce the collection of taxes and/or of any other money lawfully due the corporation, by execution issued by the governing authority or its designated officer or agent, bearing test in the name of the Mayor, which execution shall be issued at the time and in the manner to be prescribed by ordinance, and sales under such executions shall be conducted as provided by law with respect to Sheriff's sales. Tax executions. Any officer or agent of said corporation may be authorized by the governing authority to levy any such execution or they may be levied and collected by the Sheriff of Houston County. Executions shall be directed to such officers in the alternative. No injunction shall issue in arrest of such

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executions but contest of the legality of any such execution shall be by affidavit of illegality as provided by law. Affidavit of illegality. All sales under such executions shall be conducted by the levying officer and in the method provided as to Sheriff's sales; deeds to successful bidders shall be executed by the Mayor and Councilmen and the levying officer shall have the right, power, authority, and duty to place the successful bidder and purchaser in possession of the property. The corporation shall have the power and authority to bid and to purchase at any such sale. Sales. Section 17. The Mayor and Councilmen shall have full power and direction control over all streets, alleys, sidewalks, and street crossings and shall direct the mode, manner, and style in which they shall be opened or closed or constructed or maintained. Streets, etc. They shall likewise have power and authority, in their discretion, to grade, re-grade, pave, re-pave, macadamize, re-macadamize and otherwise improve for travel and drainage the streets, sidewalks, public lanes, alleys, and street crossings of the corporation, to put down curbing, guttering, and cross drains, and to otherwise improve the same, and to assess one-third (1/3) of the total cost thereof against the real-estate abutting on each side of the street upon which the improvement takes place, so that the abutting real property shall bear two-thirds (2/3's) of the entire cost. Whenever any railway company shall have and maintain any track or tracks or any street or part of street paved or unpaved, such railway company shall be assessed and shall pay the entire cost of paving the space occupied by their tracks, the distance between the tracks, between the rails of each track, and a distance of one (1) foot on each side of the outside rail of each outside track. Paving. The Mayor and Councilmen shall have full authority to prescribe rules and regulations providing a method for apportioning

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the cost of the improvements determined upon, the issuance of executions therefor, and the method of collection thereof provided that all executions shall be levied and sales of property thereunder shall be in the manner herein this Act provided for all executions. Assessments. The corporations shall likewise have authority to prescribe methods and means of notice to owners of properties affected, and for an opportunity for hearing in protest of the contemplated improvement; Notice and hearing. The entire cost of lowering service pipes, sanitary sewers, water mains, gas mains, or of lowering conduits or other pipes, which lowering is necessary, in the opinion of the governing authority, in connection with the improvement determined upon, shall be borne by the abutting real estate and such cost shall be assessed and collected as is herein provided with respect to the apportioned cost of improvement. In the performance of any and all of the improvements herein provided and as may be determined upon, the Mayor and Councilmen shall have authority to cause such improvements to be made by corporate agencies or may contract the work to independent contractors. Section 18. The liens of all executions issued by the corporation shall have the same rank and priority of payment as tax executions for municipal taxes, and all recitals contained in any execution or deed pursuant thereto shall be prima facie evidence of the facts therein recited. Liens. Section 19. The governing authority shall have power and authority to order the construction, improvements, and maintenance of all public works, and without limiting this generality, including sewerage, the care and improvement of the public parks, the public buildings, the streets and bridges, and any and all utilities which the corporation

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may determine to own and/or operate for corporate and/or non-corporate users. Public works. The Mayor and Councilmen are authorized to issue bonds of the corporation in accordance with the laws of the State in such matters provided for any of the purposes hereinabove set forth, after first calling an election and thereat obtaining the assent of the number of the qualified voters of the corporation required by law. Bonds. Section 20. A Police Court of said corporation is hereby created. Police Court. It shall be optional with the Mayor and Councilmen whether the Mayor shall serve as presiding officer of the Court, or whether they shall elect a Recorder as such presiding officer. In the absence or disability of the presiding officer, the Mayor shall appoint a Councilman to act as the presiding officer. All processes, summons, and all attachments and executions for fines and other writs issuing out of said Court shall be issued, served, and returned as prescribed by the governing authority, bear test in the name of the presiding officer, shall be directed to any officer or agent of the corporation, or to the Sheriff of Houston County in the alternative, and served and executed by any officer or agent to whom directed. Recorder. Said court shall be held as often as necessary to clear the dockets of said Court. Said Court shall have jurisdiction and authority (a) to try offenses against the laws and ordinances of the municipal government and to punish for a violation of the same; (b) to punish witnesses for non-attendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another, whose testimony is desired or material in any proceeding in said Court, to go or move beyond the reach of the process of the Court; (c) to punish

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for any contempt of Court; (d) through the presiding officer to impose fines not exceeding three hundred dollars ($300.00) and imprisonment not exceeding forty (40) days, either or both, in the discretion of the presiding officer. Jurisdiction. The presiding officer shall be to all intents and purposes a Justice of the Peace, so far as to enable him to issue warrants for offenses against the laws of the State and within the limits of the corporation, which warrants may be executed by any officer or agent designated by the governing authority, and to commit the offenders to the jail of Houston County, or admit them to bail in bailable cases for their appearance at the next term of a Court of competent jurisdiction to be held in and for said County. In all cases in the Police Court involving a violation of the penal statutes of Georgia, where the accused is bound over to the Superior Court of Houston County for trial, or in default of bond, committed by the Police Court to the common jail of Houston County to await trial, the municipality shall be allowed the following costs: Costs. Issuing warrant, $1.25 Taking examination of defendant, 1.25 Examining witnesses, .30 each Making out commitment, .35 Summoning witnesses, .30 each Serving warrant, 1.25 Keeping and maintaining prisoner, 1.25 per day. Said costs shall be collected by the Court in which the case is tried or triable in the same manner as other costs are collected by such Court and paid over to the municipality.

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The Mayor and Councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary to secure the efficient and successful administration of the Court. The right of certiorari from the decisions and judgments of the presiding officer shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of the Judge of the Superior Court of Houston County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Certiorari. Section 21. The Mayor and each member of Council shall be qualified to serve the municipality in any office or position of agency or employment, except that they shall not serve in the positions of one another as members of the governing authority, save that one of the Councilmen may be designated as Mayor Pro Tem to serve in the absence or disability of the Mayor. Mayor pro tem. In the event the Mayor or Councilmen should serve in any office or position of the municipality, save as a member of the governing authority, no compensation for such service shall be paid. Section 22. In addition to the powers hereinbefore enumerated, said corporation 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, which now exist or may hereafter exist by law, the Mayor and Councilmen being expressly empowered to adopt, in their discretion, any future law applicable to municipalities of this State without the necessity of further enabling enactments by the General Assembly of Georgia. Additional authority. Section 23. If any portion of this Act be declared invalid, the remainder hereof and the application of such portion

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to other persons or circumstances shall remain unaffected. Invalid parts. Section 24. 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 5, 1943. WAYCROSS RECORDER. No. 208. An Act to amend the charter of the City of Waycross, approved August 17, 1909, as amended, by Act approved August 16, 1913, by Act approved August 16, 1922, by Act approved July 29, 1925, by Act approved July 27, 1929 and as amended by other amendatory acts, by providing for the election of the Recorder of the City of Waycross by the Commission of the City of Waycross, by providing that the term of office of the Recorder of the City of Waycross shall be one year, by providing the salary that may be paid to the Recorder of the City of Waycross, and by providing for filling vacancies in the office of Recorder; to repeal conflicting provisions of the charter, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it hereby is enacted by the authority of the same, that the charter of the City of Waycross and the several acts amendatory thereof be, and the same are, hereby altered and amended as follows: Acts amended. Section 1. (a) That part of Section 2, paragraph first of the Act approved August 16, 1913, found in Georgia Laws of 1913, page 1220, providing for the election and the term of office of the Recorder of the City of Waycross and reading as follows: Beginning with the general election

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to be held for the election of Mayor and Aldermen on the first Saturday in January, 1915, and at the general election held for the municipal officers every two years thereafter, there shall be elected a Recorder in the same manner now provided for the municipal officers of said city who shall hold office for two years until his successor is elected and qualified, is hereby repealed. Part of Sec. 2 repealed. (b) That part of Section 2, paragraph fifth of the Act approved August 16, 1913, found in Georgia Laws of 1913, page 1221 providing for filling a vacancy in office of the Recorder of the City of Waycross and reading as follows: In case a vacancy shall occur in said office from any cause, such vacancy shall be filled in the same manner as vacancies in the office of Mayor or Aldermen are now filled is hereby repealed. Part of Par. 5, Sec. 2, repealed. Section 2. The Act approved July 29, 1925 and found in Georgia Laws of 1925, page 1548, et seq., providing for the election of the Recorder of the City of Waycross for a term of four years and providing the maximum and minimum salary to be paid to the Recorder of the City of Waycross, and for other purposes, is hereby repealed. Act 1925, p. 1548, et seq., repealed. Section 3. In the event a vacancy occurs in the office of Recorder prior to the first Saturday in January, 1944, which is the end of the term of office of the present Recorder, the Commission of the City of Waycross shall elect a Recorder who shall hold office from the date of his election and qualification until the first Saturday in January, 1944, and until his successor is elected and qualifies. Beginning on the first Saturday in January, 1944, the Recorder of the City of Waycross shall be elected by the Commission of the City of Waycross in the same manner and at the same time as the City Manager and other officers are now elected for a term of one year. Recorder elected by Commission. Section 4. That part of the Act approved July 27, 1929

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and found in Georgia Laws of 1929, page 1452, fixing the salary of the Recorder of the City of Waycross and reading as follows: Section 2. Be it enacted, that from and after the first day of January, 1930, the City Recorder of the City of Waycross shall be paid a salary of one hundred twenty-five dollars per month, from the general funds of said City, is hereby repealed, effective after a vacancy exists in the present office of Recorder. Sec. 2 of Act 1929, p. 1452, repealed. Section 5. At any time after a vacancy occurs in the present office of Recorder and in any event on and after the first Saturday in January, 1944, the compensation of the Recorder of the City of Waycross shall be the sum of $75.00 per month. Compensation. Section 6. In case a vacancy shall occur in the office of the Recorder of the City of Waycross from any cause, such vacancy shall be filled by election by the Commission of the City of Waycross. Vacancy. Section 7. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 3, 1943. WINDER CHARTER AMENDMENTS. No. 278. An Act to amend the Act giving a new charter to the City of Winder, found in the Acts of 1917, page 926, and approved August 4, 1917, by adding to Section 35 of said Act the following provision: The members of the Board of Education elected by the Mayor and Council shall not be prohibited from having business dealings with the City of Winder, including sales of merchandise or services or purchases from said

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City of Winder, by reason of being members of the said Board of Education, but such transactions before being binding shall be first approved by the Mayor of the City of Winder and the chairman of the finance committee and the chairman of the department using the merchandise or services sold to the city or bought from the city. 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 Winder, found in the Acts of 1917, on page 926 et seq., approved August 4, 1917, be, and the same hereby is, amended by adding to Section 35 of said Act the following provision: Act 1917, p. 926, Sec. 35, amended. The members of the Board of Education elected by the Mayor and Council shall not be prohibited from having business dealings with the City of Winder, including sales of merchandise or services or purchases from said City of Winder, by reason of being members of the said Board of Education, but such transactions before being binding shall be first approved by the Mayor of the City of Winder and the chairman of the finance committee and the chairman of the department using the merchandise or services sold to the city or bought from the city. This approval must be in writing and entered on the minutes of the Mayor and Council by the clerk. To read. Business dealings with City. Approved March 9, 1943.

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WINDER COMMISSION FORM OF GOVERNMENT. No. 173. An Act to amend the Act establishing a new charter for the City of Winder, found in the Georgia Laws of 1917, commencing on page 926, approved August 4, 1917, so as to abolish the offices of mayor and councilmen and certain other offices of said city created by legislative enactments; to provide for a commission form of government and for the election of commissioners and the appointment by them of a city manager and other officers, and to provide that this Act shall not be effective until after it has been ratified by the qualified voters of the City of Winder in referendum; to repeal all laws and parts of laws in conflict with this Act, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act of the General Assembly of Georgia, approved August 4, 1917, creating and incorporating the City of Winder, and any Acts amendatory and supplementary thereof, and all other Acts applicable to said city, be and the same are hereby amended in the following particulars. Acts amended. Section 1. The City of Winder, as a corporation, shall continue to exist under the name and style of the City of Winder. The corporate existence, identity, the territorial limits, and jurisdiction, with all corporate rights, powers and privileges conferred, and all property and property rights now held, owned or possessed by said city, and all duties, obligations and liabilities imposed by law are hereby preserved into and against said city, except as altered and amended by this Act. All general or local laws applicable thereto, and all resolutions and ordinances thereof now

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of force, not in conflict herewith, shall remain unchanged, subject, however, to the right of the duly constituted authorities of said city to hereafter amend or repeal the resolutions and ordinances of said city. City of Winder. Rights and powers continued. Section 2. The Board of Commissioners of said city shall consist of three commissioners to be chosen by ballot on the first Wednesday in December, 1944, by voters entitled to vote at municipal elections in said city, and the Board of Commissioners. shall hold their offices, subject to recall as hereafter provided, until their successors are duly elected and qualified as follows: The terms of said commissioners shall begin on January first after their election and shall continue respectively one for two years, one for four years and one for six years, and until their successors are elected and qualified. The persons so elected shall determine by lot which of the terms each shall have, and shall hold accordingly. Upon the first Wednesday in December of the year of the expiration of the terms of the several commissioners their successors shall be chosen by ballot by the voters qualified to vote at municipal elections, and such successors shall be elected for a period of six years and until their successors are elected and qualified. At the time of the election such commissioners shall be free-holders and they shall not be indebted to the City of Winder for any taxes due at the time of the election and qualification, and such indebtedness shall be a bar to eligibility. Board of Commissioners. Qualifications. Section 3. At the first meeting after each regular election a mayor and vice-mayor shall be elected by the commission from among their own members, and they shall hold office for two years. A vice-mayor shall act as mayor only when the mayor is absent from the city or is unable to act, and in case of a vacancy until such vacancy is filled by the commission, which shall be within sixty days from the date of the vacancy. Mayor and vice-mayor.

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The mayor, and in his absence the vice-mayor, shall preside at all meetings of the City Commission. A quorum for business shall consist of the mayor and one commissioner. It shall require at least two affirmative votes to carry any ordinance, resolution, motion or measure, the mayor or presiding chairman having a vote. The Board of Commissioners shall qualify and be inducted into office in the same manner as the mayor and council are now qualified and inducted into office. The Board of Commissioners shall hereafter be known as the City Commission. City Commission. Section 4. Should there be a failure to elect three Commissioners by reason of two or more candidates receiving the same number of votes, then those commissioners elected shall proceed, at the first meeting after their qualification and the organization of the City Commission, to elect from among those candidates receiving the same number of votes the commissioners who shall serve on said board. Tie vote. Section 5. In case of a vacancy in the office of commissioner by death, resignation or otherwise, the City Commission shall within sixty days from the date of the vacancy, elect a commissioner, any citizen of the City of Winder being eligible for election to such office, who shall hold office until the next regular election of commissioners, at which time a successor shall be elected for the unexpired term. Vacancy. Section 6. The City Commission shall have, possess and exercise all executive, legislative and judicial powers, and all other rights, powers, privileges and duties now possessed and exercised by the present mayor and council of said city, except as altered or amended by this Act. They shall have full authority to pass ordinances, levy taxes, make appropriations, fix licenses, and to do and perform all other Acts now authorized or required by the mayor and council of said city, except as otherwise provided in this Act, and the

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mayor shall have the power and authority heretofore vested in the mayor, except as otherwise provided in this Act. Powers. Section 7. Each Commissioner of the City of Winder shall receive the same salary, payable in the same manner as now fixed for councilmen of said city. The City Commission (excluding the mayor) shall fix the compensation of the mayor, which shall not be changed during his tenure of office as mayor, and not exceeding Two Hundred Fifty ($250.00) Dollars per annum. Salary. Section 8. The following shall constitute the departments of the city government, and the titles of the heads thereof: Departments. 1. Police Department, the head of which shall be designated as Chief of Police, who shall also be City Marshal for the City of Winder, empowered to make sales for taxes as usual in municipal corporations; 2. Fire Department, the head of which shall be designated Chief of the Fire Department; 3. Public Health, the head of which shall be designated Health Officer; 4. Department of Law, the head of which shall be designated City Attorney; 5. Public Works, the head of which shall be designated Director of Public Works; 6. Department of Water, the head of which shall be designated Superintendent of Water Works. The City Commission may create new departments, combine or abolish existing departments or establish temporary departments at their discretion. The duties of the heads of said departments until otherwise provided by the City Commission shall be the same as

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now provided by law for similar heads of departments of the City of Winder, except as altered or amended herein. City Manager. Section 9. The City Commission shall, within ten days after their election and qualification, select and appoint a city manager, which office in the City of Winder is hereby expressly created. He shall be chosen without regard to residence or political affiliation, but shall be an American citizen. He shall be the administrative head of the municipal government. He shall have his salary fixed by the City Commission at the rate of not less than $2,000.00 nor more than $3,000.00 per annum, and shall hold office only at the pleasure of the City Commission, and shall be subject to removal by it at any time, with or without notice or statement or proof or cause, during the first six months of his incumbency; thereafter only after formal charges and a public hearing and ten days' notice thereof in writing with a copy of said charges to him. The decision of the City Commission upon removal shall be final and conclusive. He shall be selected with due regard to his experience and fitness for handling municipal affairs in an efficient and economical manner, and shall be directly responsible to the City Commission for the faithful discharge of his duties and for the efficient and economical conduct of all city departments. During his absence or disability the City Commission may designate some properly qualified person to execute the functions of the office. The powers and duties of the City Manager shall be as follows: Salary. Removal. Powers and Duties. (a) To see that all laws and ordinances of said city are enforced; (b) To exercise control over all departments and divisions of the city hereby created, or which may hereafter be created by the City Commission, except as herein otherwise provided; (c) To attend all meetings of the City Commission, with

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the right to take part in all discussions, except when they are considering his removal or fitness for office, but having no vote at any meetings; (d) To recommend to the City Commission for adoption such matters as he may deem necessary and expedient; (e) To prepare and submit to the City Commission at such time as they may request, at least annually without any request, an annual budget, setting out the probable needed expenditures in all departments of the city for the ensuing year, and in the preparation of such budget the said City Manager shall faithfully and honestly strive in keeping with the real needs of the city to recommend such expenditures as will enable a reduction of city taxes; and to publish annually a complete statement of the financial affairs of said city; (f) To keep the City Commission fully advised as to the financial condition and needs of the city; (g) To supervise and direct the official conduct of all appointive officers and employees, except as otherwise herein provided; (h) To supervise the performance of all contracts made by any person for work done for the city, and to make all purchases of materials and supplies used by the city under such rules and regulations as the City Commission may adopt; (i) To appoint, discharge and fix the salaries of all officers and employees in all departments (except those appointed or elected by or with the advice and consent of the City Commission, and except as otherwise provided in this Act), provided that all such terms of employment shall be only at the pleasure of the City Manager, and such officers and employees shall be removed by him, or his successor, at any time with or without notice or statement or

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proof or cause. All such appointments shall be made upon merit and fitness alone. In the choice of employees of the city, all things being equal, bona fide residents of the City of Winder shall be given preference, and in positions requiring special skill and knowledge in any department only persons technically trained shall be chosen for such position. (j) To make and execute all lawful contracts on behalf of the city, except such as may otherwise be provided by law or by ordinance passed by the City Commission, provided that no contract, purchase or obligation involving over $300.00 shall be valid and binding until and after approval by the City Commission. (k) To perform any other additional duties not inconsistent with those named herein that the City Commission may by ordinance or resolution prescribe. Section 10. The City Commission shall fix all salaries of the heads of departments and of the City Manager. All other salaries shall be fixed by the City Manager, except as otherwise provided herein. Salaries. Section 11. The City Manager shall, with the advice and consent of the City Commission, appoint all heads of departments except the Clerk of Commissioners, who shall be appointed by the City Commission. The compensation of the Clerk of Commissioners shall be fixed by the City Commission. Clerk. Heads of departments, except the Clerk of Commissioners, shall be subject to removal by the City Manager at any time with or without notice or statement or proof or cause; but any head of a department shall have the right of appeal to the City Commission, the decision of which, after a public hearing, shall be final and conclusive. Section 12. The Board of Tax Assessors of the City of Winder shall be elected, their terms of office, their compensation

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and their powers, duties and responsibilities fixed by the City Commission as now or as hereafter may be prescribed by ordinance. Tax Assessors. Section 13. The said City Manager shall devote his entire time to his office as City Manager, and the Mayor, Vice-Mayor and Commissioners shall devote as much of their time as may be necessary. The said City Commission shall meet at least twice a month at stated intervals, and shall hold their meetings in public except when they deem an executive session expedient, and shall otherwise do and perform all of the duties now required of the mayor and councilmen of said city. The Clerk of Commissioners shall keep a report of their meetings and shall record all their actions, which record and minutes shall be open to the inspection of the general public in the office of the Clerk of Commissioners in the city hall at all reasonable hours. All votes shall be taken by aye and no and shall so appear on the minutes. Minutes. Section 14. The City Commission may require the said City Manager to come before them at any time to answer questions either orally or in writing, and may require from said City Manager, at any time, written reports upon any matter involving the city, and the said manager shall at stated intervals, at least quarterly, file full and complete reports of the various departments of the city, and of the outstanding contracts of the city, and of the progress of the work to be done thereunder, and of all liabilities incurred by him in behalf of said city since his last report. All such reports shall be filed with the Clerk of Commissioners and by him brought to the attention of the City Commission at their first regular meeting thereafter. Reports by Manager. Section 15. The City Manager shall sign all vouchers for the payment of money under rules and regulations as the City Commission may prescribe. The City Commission

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may prescribe who shall sign vouchers with the City Manager for the payment of said funds and under what rules and regulations. Said City Commission may prescribe rules and regulations for the purchase of supplies under competitive bids and the City Manager shall be governed thereby. Vouchers. Section 16. It shall not be lawful for the City Manager or for any officer or agent of the City of Winder to have any financial interest directly or indirectly in any contract with the City of Winder or in any contract or engagement of a pecuniary character in which the corporation of the city of Winder is either directly or indirectly concerned, and the officers or agent so offending may be dismissed from office by the City Commission. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction therefor shall be punished as provided in Section 27-2506 of the Penal Code of Georgia. Financial interest in contracts. Section 17. Neither the City Manager, nor any other official or employee of any department of said city shall contribute any money towards the election or nomination of any person as a commissioner of said city. Any violation of this section shall subject the offender to removal and he shall thereupon be ineligible for a period of five years next following to hold any office of trust or enrollment of the City Commission of the City of Winder; Provided, however, That if any of such officers or employees shall become a candidate for election as a commissioner he may pay the legitimate assessment levied against such candidate for election. Contributions to elections. Section 18. Any member of the City Commission shall be subject to removal during his term of office in the following manner: An election shall be called as hereinafter provided whenever there shall be filed in the office of the Clerk of Commissioners a petition signed by electors entitled to vote for a successor to the incumbent sought to be

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removed, equal in number to at least 25 per cent. of the registered voters of said city as disclosed by the registration list used in the most recent preceding general election for councilmen. Such petition shall show in general terms the grounds upon which the removal is sought and each signer shall state his residence, giving the street and number. The petitions may be in duplicate, but the voter can sign only one. Each signature shall be attested by one witness. Such witness shall make oath before an officer competent to administer oaths that the signature attested by him appended to the paper is the genuine signature of the person whose name it purports to be. Should the officer sought to be removed resign, no election shall be had, and the vacancy shall be filled as provided in Section 5 of this Act. Such petition shall be examined by the Clerk of the Commissioners and the names thereon checked against the registered electors in said city entitled to vote at such elections, within ten days from the filing of said petition. A representative of the petitioners and the commissioners sought to be removed shall have the right to be present at the checking of the list. In the event of an issue arising as to the sufficiency of the petition, on the application in writing of any petitioner or the commissioner sought to be removed to the City Commission, such issue shall be instantly referred to the City Commission. No commissioner sought to be removed shall be eligible to pass upon such issue; The City Commission shall pass upon such issue within one week thereafter, and in the event three or more members of the City Commission are sought to be recalled at the same time or said City Commission fails to decide said issue within one week from the reference thereof, then such issue shall be instantly referred by the Clerk of Commissioners to the Judge of the Superior Court of Barrow County, who shall decide said issue. The findings of the City Commission or of the Judge of the Superior Court (as the case may be) shall be final

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and conclusive and shall be reported in writing to the Clerk of the Commissioners and he shall be bound thereby. If the requisite number of electors as above provided have so petitioned, the Clerk of Commissioners shall thereupon so certify and an election shall thereupon be ordered by the City Commission, to be held not less than twenty days nor more than thirty days thereafter; provided, however, that no petition for removal of any officer shall be circulated within six months, nor shall there be an election for the removal of any officer within twelve months from the date of his election to office, nor shall any officer be subject to more than one such election for removal during any period of twelve months. Such elections shall be had and conducted under the rules and regulations then existing in reference to regular city elections, except as otherwise herein provided. The member of the City Commission whose office shall be thus involved may be a candidate to succeed himself, and unless he request otherwise in writing, the Clerk of Commissioners shall place his name on the official ballot without nomination. All opposing candidates who shall be nominated by a petition signed by not less than one hundred qualified voters of said city, giving names and street address thereof, and filed with the Clerk of Commissioners not less than five days prior to the date of election, shall be duly entered and their names shall be placed upon the ballots to be submitted to the voters. The person receiving a majority of votes cast at such election shall be declared elected for the unexpired term and authorized to assume the duties of said office after duly qualifying. If no opposing candidate shall receive a majority of the votes cast at such election, the incumbent shall continue in office. Removal of Commissioners. Petition. Section 19. This Act shall be submitted to the registered voters of the City of Winder upon special election to be called by the Mayor and Council of said city, which election shall be held in the way and manner and be governed by the

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laws that now control the general city elections, on the Tuesday after the first Monday in August, 1943. If a majority of the votes cast disapprove this Act, it shall not become operative. If a majority of the votes cast approve said Act, it shall become operative. The form of the ballot to be used in said election shall be in substance For the Commission Manager form of government, and Against the Commission Manager form of government, and the voter shall strike the words For the Commission Manager form of government or Against the Commission Manager form of government as he may desire; and the words which he does not strike shall indicate the form of government which he favors. At said election those who favor the approval of this Act shall have the right to name an election manager for each box and those opposed likewise have the right to name a manager at each box, and the said election shall be held in the same manner as now fixed for the general municipal elections in said city. Referendum. Section 20. At least thirty days before said election to determine whether or not this Act shall become effective in said city the board of registrars of the City of Winder shall purge the list of registered voters of said city, and the list after being so purged shall be by them furnished to the election managers as a list of the duly qualified voters entitled to participate in said election. The said list so purged shall be filed by the registrars in the office of the Clerk of said city at least fifteen days before said election and subject to inspection of any one during office hours. Voters' list purged. Section 21. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 25, 1943.

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WOODBINE TERRITORIAL LIMITS REDEFINED. No. 281. An Act to amend an Act incorporating the Town of Woodbine in Camden County, Georgia, approved August 17, 1908, entitled an Act to incorporate the Town of Woodbine, in the County of Camden, and to grant certain powers and privileges to said Town, and for other purposes, so as to re-define and fix the boundaries of said Town of Woobine, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act, the Act creating a charter for the town of Woodbine, in Camden County, Georgia, entitled An Act to incorporate the town of Woodbine, in the county of Camden, and to grant certain powers and privileges to said town, and for other purposes approved August 17, 1908, is hereby amended so as to re-define and fix the incorporate limits of the said town of Woodbine, Georgia, as follows, to-wit: Act amended. Beginning at highwater mark on South side of the Great Satilla River at point twenty-two hundred and eighty (2280) feet West of the center of Seaboard Air Line Railway right-of-way; thence running South to a point thirty-nine hundred sixty (3960) feet South of the center of run of Dunn Branch; thence running East to the Western side of American Telephone and Telegraph Company right-of-way easement; thence running North along the Western side of American Telephone and Telegraph Company right-of-way easement to high water mark on the South side of Great Satilla River; thence running West following high water mark on South side of Great Satilla River to point of beginning. Limits defined.

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Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1943. WORTH CHARTER REPEALED. No. 87. An Act to repeal an Act approved August 13, 1910, Acts 1910 pages 1243 to 1256, inclusive, entitled An Act to create a new charter for the town of Worth in Turner County, and to incorporate said town and prescribe its limits, to provide for a mayor and councilmen, and to confer certain powers therein named, and for other purposes, as amended by an Act approved August 19, 1918, Acts 1918 page 906, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of same, that an Act approved August 13, 1910, Acts 1910 pages 1243 to 1256, inclusive, entitled An Act to create a new charter for the town of Worth in Turner County, and to incorporate said town and prescribe its limits, to provide for a mayor and councilmen, and to confer certain powers therein named, and for other purposes, as amended by an Act approved August 19, 1918, Acts 1918 page 906, be, and the same is hereby repealed, and the corporation of said Town of Worth in Turner County is hereby dissolved and its charter is hereby revoked. Acts repealed. Charter revoked. Section 2. Be it further enacted by the General Assembly, and it is hereby enacted by authority of same, that all laws and parts of laws in conflict with the provisions of this Act, be, and the same are hereby repealed. Approved February 16, 1943.

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TITLE II. PRIVATE CORPORATIONS. ACTS. Andrew Female College Trustee. Eleemosynary and Religious CorporationsPowers Extended. Madison County Academy Charter Repealed. Pipe LinesRight of Eminent Domain. ANDREW FEMALE COLLEGE TRUSTEES No. 170. An Act to amend the Act approved August 19, 1912, which was an amendment to an Act approved January 15, 1854 incorporating Andrew Female College; to provide for changes in the number of trustees, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georiga, and it is hereby enacted by authority of the same, that Section II of an Act approved August 19, 1912, which was an amendment to an Act approved January 15, 1854, incorporating Andrew Female College, be and the same is hereby amended by striking therefrom the words not more than twenty-one members and inserting in lieu thereof the words not less than fifteen members and not more than thirty-six members, so that when so amended the said Section shall read as follows: Act amended. Section II. Be it further enacted by the authority aforesaid that said original Act be so amended as to provide for the election of a Board of Trustees of said College to consist of not less than fifteen members and not more than thirty-six members, said Trustees to be elected

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by the original Board of Trustees and their successors to serve six years each, the term of office being so arranged that one-third will retire from office every two years. Said new Trustees to be elected by a majority vote of said Trustees. To read. Trustees. Section 2. Be it further enacted by the Authority aforesaid that Section III of the said Act approved August 19, 1912, shall be and the same is hereby amended by striking said Section III and substituting therefor the following: Further amended. Section III. Be it further enacted by the Authority aforesaid that the Board of Trustees of Andrew College shall have and is hereby given authority to elect as Trustees such persons, men and women, as from time to time the Board of Trustees may deem fit and proper persons to serve on said Board of Trustees, all such Trustees to be subject to confirmation or rejection by the South Georgia Conference of the Methodist Church, or its successor ecclesiastical body. New Sec. III. 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 February 24, 1943. ELEEMOSYNARY AND RELIGIOUS CORPORATIONSPOWERS EXTENDED. No. 108. An Act to authorize any and all eleemosynary or religious corporations heretofore created or hereafter chartered in Georgia, by virtue of their existence, for the propagation of the Gospel to exercise and carry on certain powers.

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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 any eleemosynary or religious corporations heretofore created in Georgia or hereafter chartered is, by virtue of its existence, authorized, in addition to the propagation of the Gospel, to conduct schools for the training of the youth, to own and operate for itself or for others printing plants, publishing houses, and any desired methods or means for the dissemination of news and information; to own and operate hospitals, nurses' homes and any and all kinds of institutions for the alleviation of pain and suffering to own and operate for itself or others orphan asylums, old peoples' Homes and any and all institutions for the care of the needy and dependent; to conduct and carry into effect any plan for the care, maintenance and support of its workers and employees who may have become disabled, been retired, or otherwise made eligible for the benefits of said plan, and in connection therewith to conduct a plan for the establishment and payment of annuities in connection therewith; and further to do any and everything necessary and proper for the accomplishment of the objects herein enumerated, and in general to carry on any lawful business necessary or incident to the attainment of these objects. Schools, hospitals, etc. Section 2. Be it further enacted that this Act shall go into effect when approved by the Governor. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be repealed. Approved February 17, 1943.

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MADISON COUNTY ACADEMY CHARTER REPEALED. No. 194. An Act to repeal an Act approved December 13, 1823, entitled An Act to incorporate the Madison County Academy and to appoint trustees for the same (Georgia Laws 1823, pp. 26-27) and all laws amendatory thereof; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved December 13, 1823, entitled An Act to incorporate the Madison County Academy and to appoint trustees for the same (Georgia Laws 1823, pp. 26-27) and all Acts amendatory thereof be, and the same are hereby repealed. Acts repealed. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 2, 1943. PIPE LINESRIGHT OF EMINENT DOMAIN. No. 182. An Act to provide that corporations constructing, running or operating pipe lines for the transportation of petroleum and petroleum products shall have the right to eminent domain; shall have the right to traverse public property to such an extent as may be necessary for such purposes; to define what corporation shall be entitled to exercise such rights; to provide for the separability of each portion of this Act; to repeal conflicting laws; 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 the authority of the same and declared as in the public interest that corporations engaged in constructing running or operating pipe lines in this State as common carriers in interstate or intrastate commerce for the transportation of petroleum and petroleum products shall have the right of eminent domain, and that property, which, by the exercise of such right, shall be condemned, shall be deemed to have been condemned for public purposes. It is, therefore, declared as in the public interest that corporations engaged in constructing, running or operating pipe lines in this State for the transportation of said products shall have the right to traverse with pipe lines any property owned by the State or any subdivision thereof, including, without limiting the generality of the foregoing, any property owned by municipalities, counties, or other subdivisions of the State. Eminent domain. Section 2. Be it further enacted that such rights shall be exercised only to the extent necessary for such purposes. Such streets, roads, highways, streams, water courses or channels, including but without limiting the generality of the foregoing, streets, roads, highways, streams, water courses or channels owned by or under the jurisdiction of municipalities or other subdivisions of the State, and including county roads, streets, highways, streams, water courses and channels, may be traversed for such purposes; provided that in traversing any public street, road or highway the same shall be done under such reasonable regulations designed for the protection of such street, road or highway as shall be promulgated by the State Highway Department; and provided further that in traversing any other public property the same shall be done under such reasonable regulations as shall be promulgated by the authority having jurisdiction over such other public property. Section 3. The corporations which may exercise the power

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of eminent domain herein granted shall be all corporations that are organized under the laws of this or any other State, and which are domesticated in this State, which are authorized by their charters or articles of incorporation to construct and operate pipe lines for the transportation of petroleum and petroleum products. Provided, however, such pipe lines are operated as common carriers under such rules and regulations of the Georgia Public Service Commission as may apply to them and similar utilities. Corporations domesticated. Section 4. Be it further enacted that notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any persons or circumstances, is held invalid, the remainder of the Act and the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. In so far as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Invalid parts. 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 26, 1943.

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PART IV.RESOLUTIONS.

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TITLE I. MISCELLANEOUS SUBJECTS. RESOLUTIONS. Additional Property Adjacent to Capitol. Adjournment of General Assembly. Army-Navy Salvage Day. Automobile License Tax Reduction. Automobile License Tax Reduction. Automobile License TaxTime Extended. Automobile TagsTime Extended. Battleship Georgia Silver Service. Committee to Revise Constitution. Confirmation of Tax Exemption on Motor Fuels. Cooperation in War Effort. Cooperation in Venereal Diseases Control. Deed to Charlton County Authorized. Deed to Trustees Claxton Farmers Market Authorized. Deed to Union County. Equalization of Old-Age Pensions. Farmer's Market in Hazelhurst. Federal Victory Tax. Fencing Camp Stewart Anti-Air Craft Base Area. Frank D. Foley on Western Atlantic Railroad Commission. Interstate Cooperation. Invitation to Capt. Eddle Rickenbacker. Juliette Low Girl Scout Day. Law-Books to Dougherty County. Law-Books to Jefferson County. Law-Books to Laurens County. Law-Books to Oglethorpe County. Law-Books to Walton County. Motor Vehicle Date Strips. Ocmulgee River Bridge Requested. Original Glenn Looper Chenille Machine. Pardon and Parole BoardMisdemeanor Cases. Payment of Beauchamps and Langston's Hospitalization Expenses. Payment of Rent to Dr. O. A. Selman. Payment of Milledgeville Paving Assessments. Payment to American Cool Air Corporation. Payment to Mrs. J. D. Bridges. Payment to Mrs. Juanita Black.

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Payment to Stocks Coal Company. Physical Training of Youths. Pledge of Allegiance to State Flag. Regular Session of General Assembly. Rehabilitation of Veterans. Rockdale County Officers' Bonds. Sale of Glynn County Marsh Lands. Sea Island Named. Shut-Ins' Day. Surety Goddard Relieved. Surety La Count Relieved. Suspension of Laws Relating to Shipping Bags. Tattnall Prison Loan Reinstatement. Tax on Malt Beverages. Waae Week Designated. Wightman F. MeltonPoet Laureate. ADDITIONAL PROPERTY ADJACENT TO CAPITOL. No. 61. A RESOLUTION. Whereas, public announcement has been made on good authority that a distinguished Georgian is preparing to donate a building to the State of Georgia for the housing of the Appellate Courts, and Preamble. Whereas, if such a splendid contribution is given to the State, it is going to be necessary that the State have sufficient land on which to erect this edifice, and Whereas, the various units of the State Government and services have expanded to such an extent that it is desirable that the State own sufficient property in the immediate vicinity of the State Capitol for future expansion. Therefore, Be It Resolved by the Senate, the House of Representatives concurring, that the Governor be requested to personally, or through the appointment of a committee, negotiate for the acquisition of additional property in the immediate vicinity of the State Capitol, either by purchase,

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donation, or exchange, and that the Governor be requested to make recommendations back to the next session of the General Assembly, either regular or special, for its approval or rejection of any proposal submitted by his Excellency, the Governor, in connection with this matter. Negotiations for property. Approved March 20, 1943. ADJOURNMENT OF GENERAL ASSEMBLY. No. 3. A RESOLUTION. Be it resolved by the Senate the House concurring that the General Assembly of Georgia adjourn its organization session sine die at twelve o'clock noon, Friday, January 15, 1943. Adjournment. Approved January 13, 1943. ARMY-NAVY SALVAGE DAY. No. 19. A RESOLUTION. Whereas, This nation is engaged in a war to preserve and promote the freedom of all people; and Whereas, Georgia has been designated by the Army and Navy and War Production Board as an important area for the collection of salvagable materials so sorely needed for the prosecution of the war; and Preamble. Whereas, Every pound of steel and iron scrap collected for war purposes today is worth ten pounds six months from now; and

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Whereas, All available scrap must be collected for the steel mills if we are to keep them running full blast; and Whereas, Failure to clean up homes, farms and businesses of all scrap amounts to an act of sabotage in our war effort; and Whereas, The United Stataes Army, Navy and War Production Board, through local salvage committees have undertaken the collection of all scrap metals, irons and rubber; and Whereas, This is a great opportunity which every citizen of Georgia has to contribute to the war effort and to show due appreciation to the men and women in the armed forces; Therefore, be it resolved by the Senate, the House of Representatives concurring, that Wednesday, February 24, 1943 be set aside as Army-Navy Salvage Day and all citizens be called upon to close up their businesses and aid local salvage committees in the collection of scrap materials. Salvage Day. Approved February 22, 1943. AUTOMOBILE LICENSE TAX REDUCTION. No. 18. A RESOLUTION. Confirming suspension of one-half of license tax on automobile and truck dealers. Whereas, the Federal authorities have restricted the sale of automobiles, trucks, tires and accessories and the business of automobile dealers in Georgia has been greatly reduced; and, Preamble.

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Whereas, the Governor of this State did on the 28th day of January, 1942, by executive order under and by virtue of Section 40-205 of the Georgia Code, 1933, suspend the collection of one-half of the license tax levied by the State on automobile and truck dealers and dealers in used cars as provided under the General Tax Act approved by the General Assembly, 1935, Pages No. 16 and No. 17, Paragraphs No. 11 and No. 12, reading as follows: Automobiles or Trucks. Upon every agent of, upon every dealer in and upon every person soliciting orders for retail sale of automobiles or trucks, not including wholesale dealers or distributors soliciting or canvassing for local dealers, the sum set out below, viz.: In each county with a population of less than 20,000, $25.00; in each county with a population between 20,000 and 30,000, $55.00; in each county with a population between 30,000 and 50,000, $85.00; in each county with a population between 50,000 and 75,000, $110.00; in each county with a population between 75,000 and 100,000, $165.00; in each county with a population between 100,000 and 150,000, $220.00; in each county with a population exceeding 150,000, $275.00; provided, however, that tax on any such dealer, distributor or solicitor not including wholesale dealers and distributors, located in a county having a city of 200,000 inhabitants or more, and at a distance of fifteen miles or more from said city limits, shall be $25.00. Provided that such tax shall be required only in the county where the principal business is located of any one agent, dealer or person soliciting orders, and/or the county in which deliveries are made. Provided, further, however, that nothing in this Act shall conflict with the provisions fixing license upon exclusive dealers in used cars. Such dealer, agent or solicitor selling or offering for sale automobiles or trucks at retail shall be required to pay one license fee only; so as to provide

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that all persons soliciting orders, or selling automobiles or trucks at retail, shall pay a license to become a dealer or agent, and such license shall entitle such dealer to sell any makes of new or second-hand automobiles or trucks. Provided, that any dealer paying the required tax herein may employ salesmen who shall not be required to pay such tax. Used Cars. Upon every person, firm, or corporation dealing exclusively in used automobiles or trucks, or second-hand automobiles or trucks, the following sums, viz: In each county with a population of less than 20,000, $25.00; in each county with a population of over 20,000 and not over 50,000, $50.00; in each county with a population exceeding 50,000, $100.00; provided, however, that the tax on such person, firm, or corporation located in a county having a city of 200,000 inhabitants or more and at a distance of fifteen miles or more from such city limits shall be $25.00. Therefore, be it Resolved by the House of Representatives, the Senate concurring, that the suspension of the collection of one-half of said tax herein described be the same as hereby ratified and confirmed and said dealers are hereby relieved of all liability on one-half of said license tax. Suspension of one-half of tax. Approved February 22, 1943. AUTOMOBILE LICENSE TAX REDUCTION. No. 21. A RESOLUTION. Whereas, under the General Tax Act approved by the General Assembly, 1935, Page No. 16, Paragraph No. 11, a license tax is required of automobile and truck dealers as follows: Preamble.

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Automobiles or Trucks. Upon every agent of, upon every dealer in and upon every person soliciting orders for retail sale of automobiles or trucks, not including wholesale dealers or distributors soliciting or canvassing for local dealers, the sum set out below, viz.: In each county with a population of less than 20,000, $25.00; in each county with a population between 20,000 and 30,000, $55.00; in each county with a population between 30,000 and 50,000, $85.00; in each county with a population between 50,000 and 75,000, $110.00; in each county with a population between 75,000 and 100,000, $165.00; in each county with a population between 100,000 and 150,000, $220.00; in each county with a population exceeding 150,000, $275.00; provided, however, that tax on any such dealer, distributor or solicitor not including wholesale dealers and distributors, located in a county having a city of 200,000 inhabitants or more, and at a distance of fifteen miles or more from said city limits, shall be $25.00. Provided that such tax shall be required only in the county where the principal business is located of any one agent, dealer, or person soliciting orders, and/or the county in which deliveries are made. Provided, further, however, that nothing in this Act shall conflict with the provisions fixing license upon exclusive dealers in used cars. Such dealer, agent or solicitor selling or offering for sale automobiles or trucks at retail shall be required to pay one license fee only; so as to provide that all persons soliciting orders, or selling automobiles or trucks at retail, shall pay a license to become a dealer or agent, and such license shall entitle such dealer to sell any makes of new or second-hand automobiles or trucks. Provided, that any dealer paying the required tax herein may employ salesmen who shall not be required to pay such tax. and,

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Whereas, under the General Tax Act approved by the General Assembly, 1935, Page No. 17 thereof, Paragraph No. 12, a license tax was imposed on used car dealers as follows: Used Cars. Upon every person, firm or corporation dealing exclusively in used automobiles or trucks, or second-hand automobiles or trucks, the following sums, viz: In each county with a population of less than 20,000, $25.00; in each county with a population of over 20,000 and not over 50,000, $50.00; in each county with a population exceeding 50,000, $100.00; provided, however, that the tax on such person, firm, or corporation located in a county having a city of 200,000 inhabitants or more and at a distance of fifteen miles or more from such city limits shall be $25.00. Whereas, the sale of automobiles, trucks, tires and accessories and the business of automobile dealers has been greatly reduced due to the national emergency. Therefore, be it Resolved by the House of Representatives, the Senate concurring, that one-half of said annual license tax be suspended for the years 1943 and 1944, and said dealers are hereby relieved of all liability on said one-half of said suspended annual license tax for said years, to-wit: 1943 and 1944. Suspension of one-half of tax. Approved February 22, 1943.

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AUTOMOBILE LICENSE TAXTIME EXTENDED. No. 27. A RESOLUTION. Whereas, many citizens of Georgia have not paid their license taxes on their automobiles, busses and trucks up to this date. Preamble. Therefore, be it Resolved by the House of Representatives, the Senate of Georgia concurring, that the Governor of Georgia is hereby requested to extend the time for the payment for said license taxes to April 1, 1943, without any additional charges. Time extended to April 1, 1943. Be it further Resolved that in the event this resolution is adopted by the House of Representatives that it be transmitted by the Clerk of the House of Representatives immediately to the State Senate. Approved March 1, 1943. AUTOMOBILE TAGSTIME EXTENDED. No. 6. A RESOLUTION. Owing to the fact that many citizens of Georgia have not paid their license taxes on their automobiles, busses and trucks up to this date, February 1, 1943, therefore Be it Resolved by the House of Representatives, the Senate of Georgia concurring, that the Governor of Georgia is hereby requested to extend the time for the payment of said license taxes to March 1, 1943 without any additional charges. Time extended to March 1, 1943.

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Be it further Resolved that in the event this resolution is adopted by the House of Representatives that it be transmitted by the Clerk of the House of Representatives immediately to the State Senate. Approved February 1, 1943. CO-OPERATION IN WAR EFFORT. No. 5. A RESOLUTION. Whereas, a global war has been forced upon the liberty-loving people of the earth by the imperial government of Japan and the governments of Germany and Italy; and Preamble. Whereas, the entire resources of the United States of America have been, by the people thereof, pledged to bring the raging conflict to a successful termination and forever uproot the forces of brutality, persecution, dictatorship, atrocity and horror which has been imposed on free nations and peoples; and Whereas, the Government of the United States of America has, by and with the consent of the people thereof, determined upon an honorable course of action designed to preserve democracy and the American way of life and government impregnable against the attack of tyrannical, treacherous, deceitful despots, whose brazen betrayal of the honor of nations has shocked the people of the earth; and Whereas, President Franklin Delano Roosevelt, the destined leader of the people of the United States, appealing to the Supreme Judge of the world for strength and guidance in the leadership of a cause dedicated to a respect for the rights of others, and an unwillingness that any person,

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whether high or low, be wronged or trampled under foot, has pledged to the world that the cause of free men will ever be supported by this nation, its people and its resources; and Whereas, the people of Georgia, the Government thereof and the present State Administration, believing in the cause of free men, gladly joins hands with the National Government and the President of the United States in the all-out effort to win the war and forever maintain a lasting peace; Therefore be it Resolved by the House of Representatives, the Senate concurring, that the State Government of Georgia does commit itself to a policy of cooperation in the fullest extent with the President of the United States and the Federal Government in the war effort, and that the entire resources of the State of Georgia be employed to carry on the war against aggressor nations in conjunction with the National Government; Cooperation with Federal Government in war effort. Resolved further that a copy of this resolution be dispatched immediately upon signing by the Governor, to the Commander-in-Chief of the armed forces of the United States of America, our esteemed President and National leader, Franklin Delano Roosevelt. Approved January 22, 1943.

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COOPERATION IN VENERAL DISEASES CONTROL. No. 42. A RESOLUTION. Whereas, The Citizens of the State of Georgia are vitally interested in doing everything within their power to prevent the spread of veneral diseases in this State and to reduce said diseases to a minimum, and Preamble. Whereas, It is a well-known fact that at the present time such diseases are advancing at an alarming rate and are apparently not being checked effectively, and, Whereas, The medical officers of the United States Army and Navy have reported that prostitution in areas around army camps in this State is flourishing and that as a result the men of our armed forces are becoming infected with these diseases at an increased rate; Now, therefore, be it Resolved by the House of Representatives, the Senate concurring, that all citizens of this State cooperate whole-heartedly with the law enforcement officers and the judiciary in a determined effort to control this situation and thereby reduce the spread of venereal diseases in this State. Cooperation by citizens to control venereal diseases. Be it further Resolved that our law enforcement officers and the courts of this State cooperate with the medical authorities in planning a program designed to abate the spread of these diseases and to reduce same to a minimum. Cooperation with medical authorities. Be it further Resolved that the courts of this State, in dealing with prostitutes and persons infected with these diseases cooperate with the medical authorities to the end that the spread of these diseases may be stopped and prostitution discouraged. Prostitution.

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Be it further Resolved that all law enforcement agencies of this State and all courts having jurisdiction of these matters shall give particular attention to cases involving juveniles, and their juvenile delinquents be segregated from the professional prostitutes and that said juveniles not be handled through the customary procedure covering the disposition of cases involving the professional prostitutes. Juveniles. Approved March 16, 1943. CONFIRMATION OF TAX EXEMPTION ON MOTOR FUELS FOR TRAINING CADETS. No. 58. A RESOLUTION. Whereas, Governor Eugene Talmadge on May 16, 1941, issued a proclamation, exempting the tax levied by the State of Georgia on all Aviation Gasoline used in planes owned by the United States Government in which cadets in the service of the United States Government are being trained, whether the Aviation Gasoline was purchased by a Government Agency or private agencythis suspension being made under the provisions of Section 40-205 of the 1933 Code of Georgia, as provided in the attached proclamation. Preamble. Therefore, be it Resolved by the Senate, the House of Representatives concurring, that the proclamation of Governor Talmadge on May 16, 1941, be confirmed. Proclamation confirmed. Approved March 20, 1943.

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COMMITTEE TO REVISE CONSTITUTION. No. 44. A RESOLUTION. Whereas, the present Constitution of Georgia was adopted in 1877, sixty-six years ago, shortly after the end of the reconstruction government, and while the fear of alien domination and control was still prevalent, since which time the conditions in the state have completely changed; and, Preamble. Whereas, in order to adapt the Constitution to the changing needs of the people there have been proposed and adopted no less than two hundred sixty-eight amendments to the Constitution and there have been offered to the present session of the General Assembly a score of additional proposals for amendments; and, Whereas, these numerous amendments have in many instances provided for a purely local situation applicable to only one county or municipality, or to a small group of counties or municipalities, and many have been temporary, and the purpose for which they were adopted has long ago been fulfilled or abandoned and some of these amendments have changed one paragraph of the Constitution without regard to the other provisions thereof on the same subject, thereby causing inconsistencies in the different provisions, and many of the amendments have been hastily prepared during crowded sessions of the General Assembly, and various provisions of the original Constitution and of the several amendments are ambiguous, and while remaining in the Constitution are no longer in force; and, Whereas, a series of amendments designed to clarify certain articles and provisions of the Constitution and to remove some of the inconsistencies and ambiguities therein, have been necessary and are now necessary; and,

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Whereas, there is a continual growing demand for revisions of the Constitution; and Whereas, such revision it is believed, can be done more satisfactorily by a small Commission proposing amendments to be adopted by the General Assembly and submitted for ratification separately to the people of the State, which will in effect mean that a practically new Constitution can be thus prepared rather than through a Constitutional Convention; Therefore, be it Resolved by the Senate, the House of Representatives concurring: 1. That a Commission be appointed to revise the Constitution proposing such amendments, both of form and of substance, as in its judgment will remove inconsistencies, clear up ambiguities, render certain to various provisions of the Constitution, strike out obsolete, temporary and local provisions, and better adapt the Constitution, or in effect a new Constitution, to the needs and conditions of the people of the State, and improve the organization and operation of State government. Commission to be appointed. 2. That the Commission be composed of the Governor the President of the Senate, the Speaker of the House of Representatives, five members of the House of Representatives to be appointed by the Speaker, three members of the Senate to be appointed by the President, a Justice of the Supreme Court to be designated by the Court, a Judge of the Court of Appeals to be designated by the Court, the Attorney General, the State Auditor, and two Judges of the Superior Court, three practicing Attorneys-at-Law, and three laymen to be appointed by the Governor. Commission designated. 3. That the Commission submit its report in the form of amendments to the several articles, sections and paragraphs of the Constitution or in the form of a proposed new Constitution

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so that the same may be considered and acted upon by the General Assembly, and then submitted to the People for ratification or rejection by them separately as to each article, section and paragraph, or as a whole. Proposed New Constitution, 4. That the Commission perfect its own organization and sit at such times and such places as it may determine after the adjournment of the General Assembly, and file its report with the Governor not less than sixty days before the time fixed for the convening of the next General Assembly, said report to set forth in such form as the Commission may determine the new provisions suggested by the Commission, with reasons for making the changes suggested, and such explanation and comment as the Commission may deem best for a clear understanding of its report and the provisions suggested. Report to Governor. 5. The Governor is hereby requested to cause the report of the Commission to be printed under the supervision of the Commission, or a Committee thereof appointed for the purpose, and to be distributed to the members elected to the next General Assembly not less than thirty days before the convening thereof, and to make such report available to the press and the public generally. Report printed and distributed to General Assembly. 6. In the event the Governor should deem it necessary to call the present General Assembly into extraordinary session and the Commission is able to keep the work assigned to it prior to the convening of such extraordinary session, the Governor is hereby required to include in his call for the extraordinary session the consideration of the report of the Commission and action thereon so that the several amendments proposed in such forms as may be determined may be submitted to the people for their ratification or rejection to the General Election to be held in 1944. Included in call for extra session. 7. The budget authorities are authorized to make available for the expenses of the Commission including the printing

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of reports, such funds as may be determined necessary for the work by the Budget Commission, and such funds shall be paid out of the regular appropriations made for the operation of the General Assembly. Expenses. Approved March 17, 1943. BATTLESHIP GEORGIA SILVER SERVICE. No. 23. A RESOLUTION. To authorize the Executive Department to pay, from funds provided for the purchase of equipment at the Capitol and Mansion, the balance of the amount due on the Battleship Georgia silver service. Whereas, the Battleship Georgia silver service was contracted for and purchased by individual subscription of a committee of Georgia citizens; the State of Georgia participating; and Preamble. Whereas, there is a balance unpaid for the purchase price of this silver; and Whereas, the silver service has been returned to Georgia and placed in the Mansion for use in connection with the operation of the Mansion; Therefore, be it Resolved by the House of Representatives, the Senate concurring, that the Executive Department is hereby authorized and directed to purchase and pay the balance due on said silver service for use at the Mansion, for the sum of twenty-six hundred dollars which is due thereon, and the same to be charged against the funds provided for the purchase of equipment for the Executive Mansion. Balance to be paid on Silver Service. Approved March 2, 1943.

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DEED TO CHARLTON COUNTY AUTHORIZED. No. 9. A RESOLUTION. Whereas, on the 6th day of October, 1938, the property hereinafter described was deeded, without cost or expense, to the Statae of Georgia to be used for park purposes, said property being described as follows: Preamble. That tract or parcel of land situate, lying and being in the 32nd Dist. G. M. of Charlton County, Georgia, containing three hundred twenty-six and five-tenths (326.5) acres, more or less, of Headright Land, and particularly described as follows: Beginning at a point on Eastern edge of State Route No. 23, at Spanish Creek, thence running North 38 degrees and 10 minutes E. along Route No. 23 a distance of 500.0 feet to angle in road; Thence N. 37 degrees, 11 minutes E. along Route No. 23 a distance of 3080.6 feet to 1[prime] pipe property corner; Thence S. 31 degrees, 24 minutes E. a distance of 1589.0 feet to 1[prime] pipe property corner in Old Trader's Hill Road; thence S. 41 degrees-E. a distance of 3135.0 feet to 1[prime] pipe property corner on old tram road bed; Thence southwesterly along old tram road bed a distance of 2568 feet to run of Spanish Creek; Thence upstream in a Northwesterly direction along center of Channel of Spanish Creek to a point of beginning, the said tract of land being bounded as follows: North by lands of Berry Cason and by lands of Sol. P. Mills and M. G. White, East by old Yaryan Tram-Road Bed, the adjoining landowners being Sol. P. Mills and M. G. White, on the South by run of Spanish Creek, the adjoining land-owner being Georgia-Florida Investment Co., and other lands of J. W. Buchanan estate, and on the West by State Route No. 23, the adjoining land-owner being other lands of the J. W. Buchanan estate; Property described.

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Also, that tract or parcel of land situate, lying and being in the 1142 Dist. G. M. of Charlton County, Georgia, and lying South of and adjacent to the above described tract, and particularly described as: Beginning at a point on Eastern edge of State Route No. 23 and run of Spanish Creek and running S. 38 degrees and 10 minutes W. a distance of 78.9 feet to angle in road, thence South 26 degrees, 11 minutes E. along said Route No. 23 a distance of 3100.0 feet to a [prime][prime] pipe property corner; Thence S. 88 degrees, 29 minutes E. a distance of 2143.3 feet to 1[prime] pipe property corner; Thence N. 32 degrees, 46 minutes E. a distance of 739.5 feet to a stake corner; Thence N. 25 degrees, 3 minutes East a distance of 625.5 feet to a stake corner on banks of Spanish Creek; Thence upstream and in a Northwesterly direction along center of channel of Spanish Creek to point of beginning, said described tract of land being bounded as follows: North by other lands of the J. W. Buchanan estate, Spanish Creek being the line as well as the dividing militia districts line; South by lands of J. V. Gowen, Sr., East by lands of Georgia-Florida Investment Co., and West by State Route No. 23, the adjoining landowner being other lands of the estate of J. W. Buchanan, deceased, said two tracts of land above described being more particularly described by plats of same made by J. Dean Gowen, Surveyor, same being attached to the deed from C. S. Buchanan, Executor, etc. to The State of Georgia as a part of said conveyance for description and all other legal purposes; the two tracts aggregating 439.9 acres as per plat attached as aforesaid. That tract or parcel of land situate, lying and being in the 32nd Dist. G. M. of Charlton County, Georgia, containing one hundred twenty-two (122.0) acres, more or less, and particularly described as follows: Beginning at a point on Old Trader's Hill Public Road, said point being designated by a 1[prime] pipe, and being the Southwest corner of tract

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of land herein conveyed and hereby described and from said point running N. 65 degrees and 21 minutes E. a distance of 314.6 feet to 1[prime] pipe in old road; Thence N. 45 degrees, 11 minutes E. a distance of 300.0 feet to a 1[prime] pipe in old road; Thence N. 39 degrees, 37 minutes E. a distance of 988.2 feet to a 1[prime] pipe property corner in old Trader's Hill road, and at the Southwest Corner of the B. G. White field fence; Thence S. 70 degrees, 19 minutes E. a distance of 2002.6 feet to a 1[prime] pipe property corner on old tram road bed; Thench S. 18 degrees, 51 minutes W. along old tram road bed a distance of 2948.3 feet to a 1[prime] pipe corner, at end of old trestle on South side of Wasteway Branch; Thence N. 41 degrees W. a distance of 3135.0 feet to a point of beginning, said tract of land being bounded as follows: North by lands of M. G. White, East by lands of G. Guinn and lands of M. G. White; on the South by lands of the J. W. Buchanan estate, and west by lands of Berry Cason and lands of John C. Allen, the old Trader's Hill road being the line, and said tract containing 122.0 acres, more or less, of Headright Land as aforesaid; Also, that tract or parcel of land situate, lying and being in the 32nd Dist. G. M. of Charlton County, Georgia, containing three hundred eighty-eight (388) acres, more or less, of Headright land, and particularly described as follows: Beginning at a point on old tram road at Southern edge of Waste-Way Branch, designated by a 1[prime] pipe and the Northwest corner of tract being described and conveyed, thence running S. 53 degrees and 58 minutes E. a distance of 1554.4 feet to a 1[prime] pipe corner; Thence S. 73 degrees E. a distance of 1949.3 feet to a 1[prime] pipe corner at Western edge of A. C. L. Railway right-of-way fence line; Thence Southerly along A. C. L. Ry. Fence line a distance of 3778.5 feet to the St. Mary's River; Thence upstream and along mean low tide water

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line of St. Mary's River to mouth of Spanish Creek; Thence along center of channel and upstream of Spanish Creek to Old Tram Road trestle, Thence Northeasterly along old Tram Road bed a distance of 2568.0 feet to a 1[prime] pipe corner and point of beginning, said tract of land being bounded as follows: North by lands of M. G. White, East by the A. C. L. Ry. right-of-way, South by the St. Mary's River, and West by run of Spanish Creek and old Tram road, the adjoining landowner being Georgia-Florida Investment Co. and lands of the J. W. Buchanan estate; Said above two described tracts of land containing in the aggregate 510 acres, more or less, and are more particularly described by plats of same made by J. Dean Gowen, Surveyor, same being attached to this conveyance and made a part thereof for description and all other legal purposes. That tract or parcel of land situate, lying and being in the 1142nd Dist. G. M. of Charlton County, Georgia, containing sixty-seven and five-tenths (67.5) acres, more or less, of Headright Land, and particularly described as follows: Beginning on the St. Mary's River at the mouth of Spanish Creek, and from this point running upstream of said St. Mary's River a distance of 650 feet airline distance from center of Spanish Creek channel to a 1[prime] pipe property corner on Northern banks of the St. Mary's River; Thence S. 72 degrees and 39 minutes W. a distance of 80.0 feet to 1[prime] pipe corner; Thence N. 17 degrees, 21 minutes W. a distance of 2894.0 feet to a 1[prime] pipe corner at Eastern edge of old tram road trestle; Thence N. 88 degrees, 29 minutes W. a distance of 2331.0 feet to a 1[prime] pipe property corner on an Oak Hill; Thence N. 32 degrees, 46 minutes E. a distance of 739.5 feet to a stake corner; Thence N. 25 degrees, 3 minutes E. a distance of 625.5 feet to a stake corner on Western banks of Spanish Creek; Thence down stream

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and along center of channel of Spanish Creek to the St. Mary's River and to point of beginning, it being recited that mean low tide water line of the St. Mary's River being the actual property line, said tract of land being bounded as follows: North and East by lands of the estate of J. W. Buchanan, lands of M. C. White and Sol. P. Mills, Spanish Creek being the line, South by the St. Mary's River, and West by other lands of Georgia-Florida Investment Co. and lands of the estate of J. W. Buchanan., said described tract of land being more particularly described by a plat of same made by J. Dean Gowen, Surveyor, same being attached to this conveyance and made a part thereof for description and all other legal purposes. and, Whereas, Prior to said deed Charlton County purchased said property from the then owners, paid for the same, and caused said property to be deeded by the then owners to the State of Georgia for said park purposes and; and Purchase and deed. Whereas, The State of Georgia has failed to develop said property or use the same for park purposes, for which said lands were acquired, or for any other public purposes; and Whereas, Charlton County, having paid the purchase money for said lands, desires to become vested with the title thereto; now therefore Be it Resolved by the House of Representatives, the Senate concurring that the Governor of Georgia be and he is hereby authorized and directed to execute a deed conveying said property to Charlton County immediately upon the passage and approval of this resolution. Governor to execute deed. Be it further Resolved that immediately upon the execution

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and delivery of such deed the title to the lands described herein shall vest in Charlton County. Approved February 5 1943. DEED TO TRUSTEES CLAXTON FARMERS MARKET AUTHORIZED. No. 29. A RESOLUTION. Authorizing the Governor and the Commissioner of Agriculture acting for and on behalf of the State of Georgia, to convey a certain lot or tract of land located in the City of Claxton, 1607th G. M. District of Evans County, Georgia, now held by the State of Georgia, and upon which is located The Claxton Farmers Market, unto A. N. Olliff, B. M. Darsey, W. L. Adams, H. T. Cavender, F. F. Baggett, R. L. Bowen, J. A. Thigpen, J. K. Durrence, Henry H. Durrence, S. T. Brewton, G. E. Perry and B. E. Smith, as Trustees, and their successors, to be developed for the use and benefit of the farmers of that area. Whereas, on the 7th day of July, 1936, the tract of land referred to in the preamble hereof and more fully described as follows: Preamble. Nine and one-fourth (9) acres, more or less, of land in the City of Claxton, Evans County, Georgia, and in the 1607th G. M. District, bounded as follows: North by the right-of-way of the Seaboard Airline Railway and lands of R. R. Tippins; East by lands of Mrs. Ola Edwards and Mrs. Ruth Edwards; South by the right-of-way of the old Shearwood Railway; and West by lands of R. R. Tippins, Mrs. J. M. Sikes, Mrs. O'Brannon and S. G. Tos, and is the same land that was conveyed by deed dated August 13, 1928, from Kathryn Hendricks

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to F. F. Fox, which is recorded in the office of the Clerk of the Superior Court of Evans County, Georgia, in Deed Book 9, page 571, Property described. was conveyed by A. N. Olliff unto Tom Linder, as Commissioner of Agriculture of the State of Georgia, and his successors in office, for the purpose of establishing a farmers market on said lot of land; and Whereas, said conveyance was without monetary consideration and the State of Georgia, nor the Department of Agriculture of the State of Georgia, nor the Commissioner of Agriculture of the State of Georgia, has any money invested in said lot of land, nor in the improvements located thereon; and Whereas, the said lot of land was originally purchased and paid for by public subscriptions by the citizens of Evans County, Georgia; and Whereas, the buildings and other improvements located thereon, were likewise paid for by public subscriptions by citizens of Evans County, Georgia; and Whereas, the fees and other income collected by the State of Georgia, and the State Department of Agriculture of the state of Georgia, have more than paid back all money expended by the State of Georgia, and the Commissioner of Agriculture of the State of Georgia in the operation of the market located thereon; and Whereas, it is the wish and desire of the citizens donating the necessary money for the purchase of said lot of land and the erection of the buildings now located thereon, that said property be conveyed unto the Board of Trustees hereinbefore set forth to be used and developed by them, and their successors, for the use and benefit of the farmers of Evans County, Georgia, and the surrounding area; and

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Whereas, the State of Georgia and the Commissioner of Agriculture desire to cease operating a State Farmers Market upon the said described property; Now, therefore, be it Resolved by the House of Representatives of the State of Georgia, with the Senate of Georgia concurring, and it is hereby resolved by authority of the same: Section 1. That in consideration of the use and development of the property hereinafter described for the use and benefit of the farmers of Evans County and the surrounding area of the State of Georgia, His Excellency, the Governor, acting in conjunction with the Commissioner of Agriculture of the State of Georgia, on behalf of the State of Georgia, be, and they are hereby authorized and directed to convey by proper deed of conveyance unto the Board of Trustees as hereinbefore set forth, viz., A. N. Olliff, B. M. Darsey, W. L. Adams, H. T. Cavendar, F. F. Baggett, R. L. Bowen, J. A. Thigpen, J. K. Durrence, S. T. Brewton, G. E. Perry and B. E. Smith, as Trustees and their successors, the following described lot or tract of land, now held by the State of Georgia, as follows: Deed to Trustees authorized. Nine and one-fourth (9) acres, more or less, of land in the City of Claxton, Evans County, Georgia, and in the 1607th G. M. District, bounded as follows: North by the right-of-way of the Seaboard Airline Railway and lands of R. R. Tippins; East by lands of Mrs. Ola Edwards and Mrs. Ruth Edwards; South by the right-of-way of the old Shearwood Railway; and West by lands of R. R. Tippins, Mrs. J. M. Sikes, Mrs. O'Brannon and S. G. Tos, and is the same land that was conveyed by deed dated August 13, 1928, from Kathryn Hendricks to F. F. Fox, which is recorded in the office of the Clerk of the Superior Court of Evans County, Georgia, in Deed Book 9, page 571; and which was conveyed by deed dated July 7th, 1936, from A. N. Olliff to Tom Linder as Commissioner

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of Agriculture, of the State of Georgia, which deed is recorded in the office of the Clerk of the Superior Court of Evans County, Georgia, in Deed Record Book 15, page 317, said deed of conveyance to be a good and sufficient deed of conveyance of said property, unto said Trustees, and their successors, for the use and purpose hereinabove set out; Said deed of conveyance shall convey unto said Trustees and their successors, all right, title, interest; claim and demand that the State of Georgia, and the Department of Agriculture of the State of Georgia, and the Commissioner of Agriculture of the State of Georgia, now has, or may have had in and to said property. Approved March 4, 1943. DEED TO UNION COUNTY. No. 33. A RESOLUTION. Whereas, on the 9th day of September, 1940, Union County, a political subdivision of the State of Georgia, as party of the first part, sold and conveyed to the State of Georgia, Department of Natural Resources, Division of State Parks, Historic Sites and Monuments, as party of the second part, approximately 104 acres in said county for the sum of $1.00 and other valuable considerations, and Preamble. Whereas, it was understood between the aforementioned parties at the time of said sale that party of the second part was to build a dam upon this property and otherwise spend money in the development of same to the advantage and benefit of the citizens of Union County, and Whereas, it has now been made to appear that party of

Page 1693

the second part has refused and failed to build said dam and otherwise develop said property as previously set forth, and Whereas, it appears that Union County and its citizens will suffer a loss estimated to be at least $3,500 as a result of the failure of party of the second part to act in the premises. Therefore, be it Resolved and it is hereby Resolved by the General Assembly of Georgia: That upon the payment of $1.00 to the State of Georgia, Department of Natural Resources, Division of State Parks, Historic Sites and Monuments by Union County that the lands described in the deed, copy of which is attached hereto, be reconveyed to Union County in fee simple. Deed authorized to reconvey property. State of Georgia) County of Union) This indenture, made and entered into this 9th day of September, 1940, between the County of Union, a political subdivision of the State of Georgia, as party of the first part, and the State of Georgia, Department of Natural Resources, Division of State Parks, Historic Sites and Monuments, as party of the second part. Witnesseth: That the said party of first part, for and in consideration of the sum of one ($1.00) dollar and other valuable consideration, in hand paid at and before the sealing of these presents, receipt of which is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said party of the second part, its successors and assigns, the following described property: Parts of land lot numbers 33, 34 and 40, in district 16, section 1, Union County, Georgia, containing 104 acres,

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more or less, and more fully described as follows: Beginning at a point on lot of land No. 34 at the north end of the guard rail, which is just South of the retaining wall on State Highway No. 11 and at a chestnut oak bush which is marked; thence N. 22[prime] W. 110 feet; thence N. 28[prime] E. 165 feet to a red oak tree; thence N. 12[prime] E. 200 feet; thence N. 26[prime] E. 110 feet to a sourwood tree; thence N. 36[prime] E. 235 feet to a chestnut stake; thence S. 82[prime] E. 140 feet to a chestnut stake; thence East 1070 feet to a stake on the original line between lots 33 and 40; thence South 500 feet to stake; thence East 800 feet to a sourwood stake; thence S. 30[prime] E. 635 feet to an oak stake on the East bank of the Hilton Creek; thence down said creek on the East bank of same and following N. 48[prime] E. 73 feet; N. 70[prime] E. 100 feet; N. 50[prime] E. 85 feet; N. 73[prime] E. 80 feet; N. 40[prime] E. 72 feet; North 70 feet; N. 60[prime] E. 190 feet; N. 63[prime] E. 45 feet to a corner on East bank of said creek at a rock corner; thence N. 20[prime] W. 1010 feet to a chestnut stake; thence N. 80[prime] W. 425 feet to a pine stake in the old road; thence N. 40[prime] W. 600 feet to an oak stake on top of the ridge; thence N. 60[prime] W. 900 feet to a chestnut stake on Lot No. 33; thence West 800 feet to an oak stake on top of ridge; thence N. 32[prime] W. 200 feet to a sourwood tree on top of ridge; thence West 1110 feet to an oak stake on each bank of State Highway No. 11, which is set in the right-of-way line; thence with the right-of-way of said Highway and following the same S. 11[prime] W. 100 feet; S. 22[prime] E. 100 feet; S. 43[prime] E. 200 feet; S. 59[prime] E. 275 feet; S. 53[prime] E. 200 feet; S. 19[prime] E. 450 feet; S. 30[prime] E. 100 feet; S. 50[prime] W. 100 feet; S. 20[prime] W. 550 feet; South 368 feet; thence S. 55[prime] W. 143 feet; thence S. 30[prime] W. 78 feet to a chestnut tree; thence S. 35[prime] W. 100 feet; thence S. 66[prime] W. 232 feet; thence S. 49[prime] W. 100 feet to a chestnut oak; thence S. 08[prime] W. 150 feet to a chestnut oak; thence S. 04[prime] W. 100 feet to an oak tree; thence S. 70[prime] W. 87 feet to an oak tree; thence S. 10[prime] E. 132 feet to an oak tree; thence N. 70[prime] E. 87 feet to an oak tree; thence N. 04[prime] E. 100 feet to

Page 1695

an oak tree; thence N. 08[prime] E. 150 feet to a chestnut oak; thence N. 49[prime] E. 100 feet to a birch tree; thence N. 66[prime] E. 232 feet to a chestnut oak tree, thence N. 35[prime] E. 100 feet to a cucumber tree; thence N. 30[prime] E. 78 feet to a birch tree; thence N. 55[prime] E. 143 feet to an iron stake on the East side of the Highway; thence S. 71[prime] E. 100 feet; thence N. 66[prime] E. 135 feet to North end of guard rail South of retaining wall or place of beginning: except mineral interest on lot No. 40 and use of way through for hauling lumber and minerals; deed to said property being recorded December 17, 1934, in Book Z, page 438, Deed Records, Union County, Georgia. Description of property. Also, part of lot 33, district 16, section 1, Union County, Georgia, containing 4 acres, more particularly described as follows: Beginning at the Northwest corner of the land of Mrs. M. E. Judd, this being the land heretofore conveyed to ber by Pfister and Vogel, at a rock corner on the East bank of State Highway No. 11, just North of Lark Gap; thence South along said Highway 200 feet; thence continuing South and crossing said Highway 718 feet to a locust post; thence N. 45[prime] 622 feet to the line of Mrs. Judd's land on the East side of the Highway South of Lark Gap; thence along said Highway 498 feet to the place of beginning; deed to said property being recorded December 17, 1934, in Book Z, page 441. Deed Records, Union County, Georgia. To have and to hold the said above granted and described property, with all and singular the rights, members and appurtenances thereto appertaining, to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns, in fee simple. And the said party of the first part, its successors and assigns will warrant and forever defend the right and title of the above described property unto the said party of the second part, its successors

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and assigns, against the claims of all persons whomsoever, claiming under grantor. In witness whereof, the said party of the first part has hereunto set its hand and affixed its seal and delivered these presents, the day and year first above written. UNION COUNTY, GEORGIA, By H. N. Allison /s/ Its Ordinary Signed, Sealed and delivered in the presence of: C. D. Heard /s/ Notary Public, Union County. State of Georgia) Fulton County) The within and foregoing deed from Union County, Georgia, to the State of Georgia, Department of Natural Resources, Division of State Parks, Historic Sites and Monuments, for park purposes, is hereby accepted on this 14th day of September, 1940. DIVISION OF STATE PARKS, HISTORIC SITES AND MONUMENTS By E. L. bothwell /s/ Acting Director DEPARTMENT OF NATURAL RESOURCES OF GEORGIA By Charles N. Elliott /s/ Acting Commissioner O. K. AS TO FORM. /s/ M. L. A. Approved March 5, 1943.

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EQUALIZATION OF OLD-AGE PENSIONS. No. 72. A RESOLUTION. Whereas, rank discriminations and inequalities exist in the payment of Federal funds to Old Age recipients of pension grants in each of the forty-eight States of the Union, as illustrated in the following cases: Preamble. California receives from federal funds for each recipient per month $19.00. Georgia receives from federal funds for each recipient per month $4.10. Massachusetts receives from federal funds for each recipient per month $14.50. Mississippi receives from federal funds for each recipient per month $4.30. New York receives from federal funds for each recipient per month $12.45. Virginia receives from federal funds for each recipient $4.97. Pennsylvania receives from federal funds for each recipient per month $11.00. Delaware receives from federal funds for each recipient per month $5.50. Connecticut receives from federal funds for each recipient per month $13.98. Texas receives from federal funds for each recipient per month $6.88. Hawaii receives from federal funds for each recipient per month $6.48.

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Arkansas receives from federal funds for each recipient per month $3.93. and Whereas, There should be no discrimination in the payment of such pension grants which should be equalized in every State of the Union so as to pay to each and every reccipient exactly the same amount, regardless of the State in which he lives, which can be done without an additional Federal appropriation of recipients in the lower brackets and those in the higher brackets are brought to a common level; and Whereas, the Federal Social Security Act should be so amended as to prevent such discriminations and inequalities and, when so amended, the States should, in that event, be required to supplement the Federal pension grants in a sum not to exceed one-third of the amount received by each recipient from Federal funds as the result of such an amendment, in lieu of the present matching of Federal and State funds on a 50-50 basis; and Whereas, it is estimated that such equalization of Federal funds would, without increasing the State appropriation in any sum whatsoever, greatly increase, if not almost double, the pension grants now received by the Old Age recipients in Georgia; and Whereas, this problem has from time to time been under consideration by the Congress of the United States; and Whereas, President Roosevelt has recommended to Congress, in his message of March 16, 1939, the adoption of an amendment equalizing such payments; and Whereas, the Social Security Board itself also favors and recommended such an amendment; and Whereas, the Association of County Commissioners of

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Roads and Revenues of the 159 counties of this State unanimously adopted a Resolution, at its recent annual convention in Savannah, recommending such an amendment, and requesting our Senators and Representatives in Congress to give it their active support. Therefore, be it Resolved by the House of Representatives of Georgia, the Senate concurring, that our Senators and Representatives in Congress be, and they are hereby, requested Congress requested to equalize Old Age Pensions. First. To introduce, or advocate, an amendment to the Federal Social Security Act so as to equalize the payment from Federal funds to the end that each and every recipient, in whatever State he might live, would receive exactly the same amount therefrom. Second. That said Act be further amended to the effect that the States shall not be required to supplement the amount of assistance received by each Old Age recipient of Federal funds in excess of one-third of such amount paid to each recipient therefrom. Be it further Resolved that the Clerk of this House and the Clerk of the Senate are hereby instructed to mail a copy of this Resolution, under their joint official signatures, to Georgia's Senators and Representatives in Washington, D. C. Approved March 20, 1943.

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FARMERS' MARKET IN HAZELHURST. No. 74. A RESOLUTION. Be it Resolved by the General Assembly of Georgia that, Whereas, land has been purchased by the businessmen of Hazelhurst in Jeff Davis County, Georgia, and Preamble. Whereas, deed to said land having been delivered to the Commissioner of Agriculture for the purpose of erecting a State Farmers' Market in the aforesaid city and county and said market would be of great benefit to the farmers of this section. Therefore, be it resolved that the General Assembly hereby request the Governor and the Commissioner of Agriculture to promulgate plans and as soon as possible to erect and put in operation this market, and Request for operation of Farmers' Market. Be it further Resolved that a certified copy of this resolution be delivered to the Governor and to the Commissioner of Agriculture. Approved March 20, 1943. FEDERAL VICTORY TAX. No. 14. A RESOLUTION. Whereas, the State Treasurer of the State of Georgia, on January 7, 1943, made a request of Honorable Guy T. Helvering, Commissioner of Internal Revenue of the United States of America, for an administrative ruling concerning the application of the victory tax and the withholding

Page 1701

provisions thereunder as provided by Section 450 of the Internal Revenue Code as added by Section 172, et sequentia, to constitutional or statutory elective or appointive officers or employees of the State of Georgia, members of the General Assembly of Georgia, the President of the Senate, the Speaker of the House of Representatives, the Secretary of the Senate, the Clerk of the House of Representatives, employees of such Secretary and such Clerk, and other employees of the General Assembly of Georgia such as doorkeepers, messengers, pages and the like; and, Preamble. Whereas, on January 21, 1943, the said Commissioner of Internal Revenue rendered to the said State Treasurer his administrative ruling in response to the aforesaid request, holding, in part, as follows: 1. That constitutional or statutory elective or appointive officers or employees of the State of Georgia are subject to the Victory tax upon their wages as defined in the said Federal Act to the extent that such wages are includable in gross income, equal to 5 per centum of the excess of each payment of such wages over the withholding deduction allowable under the said Victory Tax Act, to be computed, withheld, collected, and paid as provided by said Act. Ruling of Commissioner of Internal Revenue. 2. That members of the General Assembly of Georgia, the President of the Senate, the Speaker of the House, and employees of the General Assembly, including the Secretary of the Senate and the Clerk of the House of Representatives, are likewise subject to such Victory tax upon their wages over the withholding deduction allowable, with certain exceptions applicable to the Secretary of the Senate and the Clerk of the House. 3. That it is the duty of the State Treasurer, except as to the per diem for the Secretary of the Senate and the per diem to the Clerk of the House of Representatives

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(who must themselves withhold, collect, and pay the Victory taxes upon such wages over deductions allowable, paid themselves or their employees), to withhold, collect and pay the Victory tax levied upon constitutional or statutory officers or employees of the State and members of the General Assembly, including the President of the Senate and the Speaker of the House of Representatives, and other employees of the General Assembly, who are paid by such Treasurer; and it is the duty of other State officials having control of the payment of their own remuneration or remuneration of others to withhold the proper amounts from such wages as and when paid. Therefore, be it Resolved by the House of Representatives, the Senate concurring, so as to be a concurrent Resolution of the General Assembly of Georgia: That the State Treasurer and/or all other State officials or employees having control of the payment of wages to constitutional or statutory elective or appointive officers or employees of the State of Georgia or members of the General Assembly, including the President of the Senate and the Speaker of the House of Representatives and all employees thereof subject to the Victory tax under the Federal Act, Section 450 of the Internal Revenue Code, as added by Section 172 of the Revenue Act of 1942, et sequentia, be, and they are, hereby authorized to withhold, collect, and pay the Victory tax on the wages over deductions allowable of such officers, General Assemblymen, and employees in accordance with the ruling of the said Commissioner of Internal Revenue of the United States of America as referred to and/or set out in the preliminary Whereas clauses of this Resolution. Victory Tax on General Assembly and employees authorized. Approved February 16, 1943.

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FENCING CAMP STEWART ANTI-AIRCRAFT BASE AREA. No. 36. A RESOLUTION. Requesting the Federal Government to inclose the area comprising the Camp Stewart Anti-Aircraft Base with a fence or fencing sufficient to keep cattle and hogs from entering said area. Whereas, The Federal Government, in establishing the Camp Stewart Anti-Aircraft Base, located in Hinesville, State of Georgia, has acquired considerable tracts of land lying in Bryan, Evans, Liberty, Long and Tattnal Counties, comprising approximately Three Hundred Twenty-Five Thousand Acres of land, a considerable portion of the same having been previously cultivated; and Preamble. Whereas, The Counties of Bryan, Evans, Liberty, Long and Tattnall are all located within the territory that has an open range for cattle and hogs; and Whereas, The live stock business in said counties and in the adjoining counties thereto is rapidly becoming one of the leading industries in that section of the State of Georgia, and that it is to the interest of the State of Georgia that said live stock industry be improved and further developed; and Whereas, It is impossible for the farmers living near said Camp Stewart Anti-Aircraft Base to keep their cattle and hogs from entering said Base, and they are not financially able to fence all their lands adjacent to said Base, and that when said cattle and hogs enter said area they are not permitted to enter said area for the removal of said cattle and hogs without a special permit to do so, and are constantly losing their cattle and hogs, which makes it practically

Page 1704

impossible for them to continue their live stock business; now Therefore, be it Resolved by the House of Representatives, the Senate concurring, that the Federal Government, by or through its proper Bureau or Department, be requested and urged to inclose the area comprising the Camp Stewart Anti-Aircraft Base, located at Hinesville, in the State of Georgia, with a fence, fences or fencing sufficient to keep cattle and hogs from entering said area comprising the Camp Stewart Anti-Aircraft Base. Feleral Government requested to fence Camp Stewart. Be it further Resolved that the United States Senators and Representatives from Georgia be asked to give their support and cooperation in said matter, and that the proper Bureau or Department and said Senators and Representatives be furnished with a copy of this Resolution. Approved March 15, 1943. FRANK D. FOLEY ON WESTERN AND ATLANTIC RAILROAD COMMISSION No. 25. A RESOLUTION. Whereas, An Act of the General Assembly of Georgia approved March 21, 1939 (Georgia Laws 1939, pages 394-399) created a commission, to be known as the Western and Atlantic Railroad Commission, to be composed of: Preamble. Chas. S. Reid, Chief Justice of the Supreme Court, Chairman, Cason Calloway of LaGrange, A. H. Freeman of Newnan, Ryburn Clay of Atlanta,

Page 1705

H. T. McIntosh of Albany, David S. Atkinson of Savannah, and S. Price Gilbert of Atlanta; and, Whereas, Honorable A. H. Freeman of Newnan, a member of the said commission, has departed this life and there now exists a vacancy on the said commission on account of the death of said member; and, Whereas, Section 4 of the aforesaid Act provides that all vacancies on said commission, either by death, resignation or otherwise, shall be filled by election by a majority of the members elected to the House of Representatives, the Senate concurring, Now, therefore, be it Resolved by the House of Representatives, the Senate concurring, so as to be a concurrent resolution of the General Assembly of Georgia: Frank D. Foley elected to Western and Atlantic R.R. Commission. That in pursuance of the Act of the General Assembly of Georgia approved March 21, 1939 (Georgia Laws 1939, pages 394-399) creating the Western and Atlantic Railroad Commission and providing for filling of vacancies thereon, Frank D. Foley, of Columbus, be, and he is, hereby elected a member of said Western and Atlantic Railroad Commission to succeed A. H. Freeman, of Newnan, deceased. Approved March 2, 1943.

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INTERSTATE CORPORATION. No. 56. A RESOLUTION. Whereas, In these times it is essential that a full spirit of cooperation be maintained between the States; and Preamble. Whereas, It is essential that our State be conversant with the course of legislation in other States, administrative policies and financial operations; and Whereas, There has been appointed a committee of the Senate and House and certain State Officials commonly referred to as the Committee on Interstate Cooperation, which said Committee works in connection with the Council of State Governments; Therefore, be it Resolved by the Senate, the House of Representatives concurring, that the State Administration cooperate fully with the Council of State Governments and that the budget authorities be and they are hereby authorized to provide such funds as may be needed and available, not exceeding Twenty-five Hundred ($2,500.00) Dollars per annum as Georgia's part in full participation in the activities and support of the Council of State Governments. Funds provided. Resolved further that the said amount, or so much thereof as may be needed in the judgment of the budget authorities, be and the same is hereby appropriated for the said purpose. Approved March 20, 1943.

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INVITATION TO CAPTAIN EDDIE RICKENBACKER. No. 12. A RESOLUTION. Whereas, Captain Eddie Rickenbacker, President of Eastern Airlines, being one of the most outstanding men of America today, a man of great faith, fortitude and courage; as well as having had many most unusual experiences; Preamble. Be it therefore Resolved, that this Senate, the House concurring: Extend to him a most cordial invitation to address this General Assembly in joint session, at such time as may suit his convenience. Invitation to Captain Eddie Rickenbacker. Resolved further that the President of the Senate and the Speaker of the House extend such invitation, immediately upon the passage by both Houses. Approved February 10, 1943. JULIETTE LOW GIRL SCOUT DAY. No. 45. A RESOLUTION. Directing the Governor to proclaim March 12th of each year Juliette Low-Girl Scout Day, for the observance and commemoration of the founding of the Girl Scout movement in the United States by Juliette Gordon Low. Whereas, Juliette Gordon Low was a native Georgian having been born in the City of Savannah, on October 31, 1860, and Preamble Whereas, Juliette Gordon Low founded in the said City

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of Savannah, Georgia, on the 12th day of March, 1912, the first Girl Scout troops in America and from this movement Girl Scouting has now spread throughout the United States and many foreign countries, and Whereas, by such movement, which has resulted in the training and equipping of girls and young women for better citizenship, Juliette Gordon Low has brought to herself and to the State of Georgia, recognition from all parts of the world, and Whereas, the people of the State of Georgia wish to show their appreciation for her contribution to civilization, and to accord to her and to her great movement the proper recognition; Therefore be it Resolved by the General Assembly of the State of Georgia that the Governor of the State of Georgia is authorized and directed to issue a proclamation each year hereafter, calling upon the officials of the Government of the State of Georgia and the people of this State to observe in proper manner March 12th as Juliette Low Girl Scout Day, the anniversary of the Girl Scout movement. Juliette Low Girl Scout Day March 12th. Approved March 18, 1943. LAW-BOOKS TO DOUGHERTY COUNTY. No. 30. A RESOLUTION. Whereas, in February, 1940, a tornado severely damaged the Dougherty County Courthouse and in said tornado the Georgia Reports and the Georgia Appeals Reports of said County in the possession of the Clerk of Court and the Ordinary were destroyed; and Preamble. Whereas, such books that were so destroyed are necessary

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for the County of Dougherty to officially transact its business and that of the State; Now therefore, be it Resolved by the House of Representatives, the Senate concurring, so as to be a concurrent resolution of the General Assembly of Georgia; Law Books to be furnished. That the State Librarian be, and is hereby authorized and directed to furnish each to the Ordinary of Dougherty County, and to the Clerk of the Superior Court of Dougherty County, without cost to said County, except for payment of packing and transportation charges, complete sets of the Georgia Reports from volume No. 1 through the current volume, inclusive, and the Georgia Appeals Reports from volume 1 through the current volume, inclusive. That if for any reason the State Librarian cannot furnish the law books specified in the paragraph next above, that the Governor be, and he is, hereby authorized to cause the Librarian to furnish such County with the law books specified in the paragraph next above, and the Governor is authorized to draw his warrant upon the State Treasurer for the amount required for same. Approved March 4, 1943. LAW-BOOKS TO JEFFERSON COUNTY. No. 38. A RESOLUTION. Whereas, in February, 1941, the Jefferson County Courthouse was severely damaged by fire and in said fire the Georgia Reports and the Georgia Appeals Reports of said County in the possession of the Clerk of the Court were destroyed; and Preamble. Whereas, such books that were so destroyed are necessary

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for the County of Jefferson to officially transact its business and that of the State; Now therefore, be it Resolved by the House of Representatives, the Senate concurring, so as to be a concurrent resolution of the General Assembly of Georgia: Law Books to be furnished That the State Librarian be, and is hereby authorized and directed to furnish to the Clerk of the Superior Court of Jefferson County, without cost to said County, except for payment of packing and transportation charges, complete sets of the Georgia Reports from volume No. 1 through the current volume, inclusive, and the Georgia Appeals Reports from volume No. 1 through the current volume, inclusive. That if for any reason the State Librarian cannot furnish the law books specified in the paragraph next above, that the Governor be, and he is, hereby authorized to cause the Librarian to furnish such County with the law books specified in the paragraph next above, and the Governor is authorized to draw his warrant upon the State Treasurer for the amount required for same. Approved March 15, 1943. LAW-BOOKS TO LAURENS COUNTY. No. 50. A RESOLUTION. Whereas, because of loss and misplacement beyond the control of the officials of Laurens County, Georgia, there is not a complete set of Georgia Reports and Court of Appeals Reports in the office of the Clerk of Laurens Superior Court; and Preamble. Whereas, there is missing and lost from the library of

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Laurens Superior Court the following enumerated volumes of the Georgia Reports and Court of Appeals Reports, to-wit: Georgia Reports Volumes: 1, 3, 8, 11, 14, 15, 17, 19, 20, 24, 27, 28, 29, 30, 34, 35, 38, 51, 54, 59, 60, 61, 62, 68, 73, 74, 76, 77, 80, 127, 129, 130, 132, 138, 140, 148, 149, 151, 152, 153, 154, 156, 157, 158, 161, 162, 163, 166, 169, 171, 181, 184, 185, 186, 187, to 193, inclusive. Court of Appeals Reports, Volumes: 5, 12, 17, 22, 26, 31, 42, 47, 48, 49, 50, 58, to 67, inclusive; and Whereas, the business of the Superior Court of Laurens County, Georgia, is hampered and delayed on account of said lack of said reports. Therefore be it Resolved by the General Assembly of the State of Georgia, that the State Librarian be and she is hereby authorized and directed to furnish to the Clerk of Laurens Superior Court for the use of its library in said court room, without cost to Laurens County, the missing volumes of said Georgia Reports and Court of Appeals, as above enumerated. Law Books to be furnished. Approved March 19, 1943. LAW-BOOKS TO OGLETHORPE COUNTY. No. 70. A RESOLUTION. Whereas, because of loss by fire and other causes beyond control by the officials of Oglethorpe County, Georgia, there is not a complete set of Georgia Reports and Court of Appeals Reports in either the Office of Ordinary of Oglethorpe County, nor in the Office of Clerk of Oglethorpe Superior Court; and whereas, the business of the

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Superior Court of Oglethorpe is hampered and delayed on account of said lack of said Reports, Preamble. Therefore be it Resolved by the General Assembly of the State of Georgia, that the Georgia State Librarian be and she is hereby authorized and directed to furnish to the Ordinary of Oglethorpe County, Georgia, without cost to the said County of Oglethorpe, the complete set of the Georgia Supreme Court Reports and the complete set of the Georgia Court of Appeals Reports for the respective use of the Ordinary's Office and the Office of Clerk of Oglethorpe Superior Court, and to take official receipt from the Ordinary of said County for the same upon delivery. Law Books to be furnished. Approved March 20, 1943. LAW-BOOKS TO WALTON COUNTY. No. 51. A RESOLUTION. Authorizing the State Library to furnish to the Clerk of the Superior Court of Walton County, without cost to said county, certain enumerated volumes of the Georgia Supreme Court and Court of Appeals. Be it enacted 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 hereby authorized if available to furnish to the Clerk of Walton Superior Court, without cost to said county, the following numbered volumes of the Reports of the Supreme Court of Georgia and the Court of Appeals of Georgia, to-wit: Law Books to be furnished. Volumes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 22, 23, 24, 25, 26, 27, 28, 29, 31, 53, 60, 71, 75, 77, 83, 90,

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109, 111, 124, 128, 130, 132, 141, 148, 156, 157, 164, 169 of the Reports of the Supreme Court of Georgia. Volumes 2, 15, 19, 27, 30, 59 of the Reports of the Court of Appeals of Georgia. This County needs the following Law Books: Georgia Reports Georgia Reports Georgia Appeals Report 1 53 2 2 60 15 3 71 19 4 75 27 5 77 30 6 83 59 7 90 8 109 9 111 10 124 11 128 12 130 13 132 14 141 22 148 23 156 24 157 25 164 26 169 27 28 29 31 Approved March 19, 1943.

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MOTOR VEHICLE DATE STRIPS. No. 17. A RESOLUTION. To authorize the Director of the Motor Vehicle Division of the State Revenue Department to provide for the issuance of metal date strips for motor vehicle license tags in lieu of the two metal number plates as required by law. Whereas, Chapter 68-2 (License for Motor Vehicles and Chauffeurs) of the Code of Georgia of 1933 as amended by an Act approved December 24, 1937 provides for the issuance of metal identification tags to owners of Motor vehicles registered under the Motor Vehicle Registration Law approved December 24, 1937; and Preamble. Whereas, Due to the scarcity of steel, it was provided by Executive Order that only one tag, instead of two, would be required as a compliance with such registration requirements for the year 1942; and Whereas, Owing to the continued and increasing shortage of steel and other metals, and due to the regulations of the War Production Board, the Motor Vehicle Division of the State Revenue Department has been unable to get the necessary metal for use in making outright complete identification tags for the year 1943 but from the material on hand has been able to produce a sufficient number of metal strips, bearing the lettering GA-43, which it is supplying to owners of motor vehicles applying for the registration thereof for the year 1943. Therefore, be it Resolved By the House of Representatives, the Senate concurring, that the Director of the Motor Vehicle Division be and he is hereby authorized and directed to issue such metal date strips to owners of motor vehicles sought to be registered for the year 1943 upon the

Page 1715

payment of the registration fee and the license or occupation tax at the respective rates specified in the Act approved December 24, 1937; and Automobile date strips. That the delivery to and possession of the metal date strip to be appended to his 1942 license tag, together with the certificate of registration issued to the owner of such motor vehicle, shall be deemed as sufficient evidence of compliance by him with the 1943 registration requirements of Chapter 68-2 of the Code of 1933 as amended by the Act approved December 24, 1937, regardless of whether such registration was made before or shall be made subsequent to the date of adoption and approval of this resolution. Approved February 19, 1943. OCMULGEE RIVER BRIDGE REQUESTED. No. 14. A RESOLUTION. To memoralize the National Congress to authorize and direct a bridge across the Ocmulgee River at some suitable location opposite or in proximity to Warner-Robbins Field and Cochran Field in the County of Houston, State of Georgia, connecting with the Macon-Cochran short route in the County of Twiggs and providing quick access and direct connection to Camp Wheeler in the County of Bibb, and for other purposes. Whereas, the National Government in this great war emergency has established a great air field known as Cochran Field and a great supply center known as Warner-Robbins Field at Welleston in the County of Houston in the State of Georgia where countless thousands of air cadets are trained and countless thousands of civilian employees work, and across the Ocmulgee River from these locations,

Page 1716

is located the great Army Training Center known as Camp Wheeler in the County of Bibb, and Preamble. Whereas, the Ocmulgee River is designated as a navigable stream to Macon, separating said Camp Wheeler from Warner-Robbins and Cochran Field, and Whereas, there is no bridge or other method of crossing said river for a distance of approximately seventy-five (75) miles, that is, between Hawkinsville in the County of Pulaski and Macon in the County of Bibb, and Whereas, egress, ingress and regress from the air base and the supply depot above designated, and Camp Wheeler would either be made via Hawkinsville or via Macon, and Whereas, a bridge across this stream at some suitable location between the counties of Twiggs and Houston would render quick and accessible ground connection and travel by these points, and also, make direct connection with the National east-to-west route known as Federal Highway No. 80, and also, the National Highway known as No. 1, to the National Capitol, and Whereas, in addition to this great military need, the same would be of inestimatable and untold value to thousands of Georgians, thus, directly connecting west and southwest Georgia directly with the National Highway to Washington, now Therefore, be it Resolved by the Senate of Georgia, the House of Representatives concurring, that the National Congress be, and is, hereby petitioned to enact appropriate bills or resolutions authorizing and directing the Federal Bureau of Roads, or such other appropriate branch of the National Government, to take the necessary action in this connection, and Congress requisted to build bridge. Be it further Resolved that a copy of this resolution,

Page 1717

when approved by the Governor, be immediately transmitted to Congressman Carl Vinson of the Sixth District, Congressman Steve Pace of the Third District, and the Federal Department of Roads and Highways. Approved February 16, 1943. ORIGINAL GLENN LOOPER CHENILLE MACHINE No. 71. A RESOLUTION. Whereas, the Chenille Industry is a new industry, and Preamble. Whereas, this industry has been developed to a great extent in the counties of north Georgia, and Whereas, this industry brings into the State of Georgia a sum in excess of $25,000,000.00 a year, and Whereas, the original machine that started the development of this industry in Georgia was invented by Mr. Glenn Looper, of Dalton, Georgia, and Original machine to be placel in State Museum. Whereas, it is now the desire of Mr. Looper to place the orginal machine in the museum of the State of Georgia for such term as the State of Georgia desires to keep same. Be it Resolved by the House of Representatives and the Senate concurring: That the original chenille machine invented by Mr. Glenn Looper be, and the same shall be placed in the glass case of the State museum in the Capitol building in Atlanta, Georgia. Be it further Resolved that should the State later not desire to keep said machine on exhibit that the same shall be reverted back to Mr. Glenn Looper, of Dalton, Georgia. Approved March 20, 1943.

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PARDON AND PAROLE BOARDMISDEMEANOR CASES. No. 52. A RESOLUTION. Whereas, the General Assembly of Georgia has at the present session created a new State Board of Pardons and Paroles; and, Preamble. Whereas, the Board created by the General Assembly has been appointed, commissioned and qualified; and Whereas, said Board through its chairman has announced the policy of refusing to consider applications for pardon or parole in all misdemeanor cases; and Whereas, it was the intent of the General Assembly in the Act creating the State Board of Pardons and Paroles that such Board should consider all applications for pardons and paroles in all causes and cases: Now, therefore, be it Resolved: That the Chairman and members of the State Board of Pardons and Paroles be, and they are hereby directed and instructed that it is the wish and intent of this General Assembly that all matters pertaining to pardons and paroles be considered by said Board, including misdemeanor cases, as well as felony cases. Misdemeanor cases to be considered by Board. Approved March 19, 1943.

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PAYMENT OF BEAUCHAMP'S AND LANGSTON'S HOSPITALIZATION EXPENSES. No. 32. A RESOLUTION. Whereas, on the 1st day of December 1942, Troopers W. T. Beauchamp and Harold Langston were injured in line of duty as a result of an accident without fault of their own which took place some four miles North of Tignall, Georgia, on the Washington-Elberton Road, and Preamble. Whereas, due to the seriousness of the injuries sustained by Trooper W. T. Beauchamp as a result of the aforesaid accident, he has expended the sum of approximately $2,000 for medical and hospital bills, and Whereas, due to the seriousness of the injuries sustained by Trooper Harold Langston as a result of the aforesaid accident, he has expended the sum of approximately $750.00 for medical and hospital bills, and Whereas, both of said troopers are now without sufficient moneys to pay these expenses which were incurred as a result of said accident while they were in line of duty for the State of Georgia. Therefore, be it Resolved by the House of Representatives, the Senate concurring, that the Department of Public Safety be and it is hereby directed to pay the hospital expenses, the Doctors bills, the nurses bills, ambulance charges and other incidental expenses connected with the illness of the said W. T. Beauchamp and Harold Langston in the amount not to exceed the sum of $2,000 for W. T. Beauchamp and in the amount not to exceed the sum of $750.00 for Harold Langston, upon satisfactory evidence being submitted as to the correctness of the bills, out of funds available to the Department of Public Safety. Hospital expenses to be paid. Approved March 5, 1943.

Page 1720

PAYMENT OF RENT TO DR. O. A. SELMAN. No. 35. A RESOLUTION. Whereas, during the liquidation of the Chattooga County Bank by the State Banking Department one-half of a certain building located in Summerville, Georgia and the safe located therein was rented from Dr. O. A. Selman of Summerville, and Preamble. Whereas, rent was paid to Dr. O. A. Selman at the rate of $12.50 a month up through the month of October 1940. And Whereas, as this time the funds in the hand of the liquidating agent were exhausted, and Whereas, since October 1940 this space has been occupied by the liquidating agent without payment of rent. And Whereas, the amount now due Dr. O. A. Selman, of Summerville, Georgia, is $150.00. Therefore be it Resolved by the House of Representatives, the Senate concurring, that the State Banking Department do pay to Dr. O. A. Selman, of Summerville, Georgia, the sum of $150.00 and that the State Banking Department do turn over to Dr. O. A. Selman, of Summerville, Georgia, his safe and building. $150.00 to be paid Dr. O. A. Selman. Approved March 11, 1943.

Page 1721

PAYMENT OF MILLEDGEVILLE PAVING ASSESSMENTS. No. 68. A RESOLUTION. To appropriate to the Mayor and Aldermen of the City of Milledgeville the sum of $12,900.30 to pay assessments, together with interest thereon, made by said Mayor and Aldermen against land known as the Old Capitol Square lying on Wayne and Greene Streets in said City for paving and improving said streets, and to pay assessments, together with interest thereon, made by said Mayor and Aldermen against the land known as the State's Jarrett Springs Reservation lying on Wayne Street in said City for paving and improving said Wayne Street, and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That the sum of $12,900.30 or so much thereof as may be necessary, is hereby appropriated, to be paid out of any funds not heretofore appropriated, to the Mayor and Aldermen of the City of Milledgeville to pay assessments, together with interest thereon at 6% per annum from the date of the assessments, made by the Mayor and Aldermen of said City of Milledgeville against land known as the Old Capitol Square lying on Wayne and Green Streets, in said City, for the purpose of paying the cost of paving and improving said streets, and to pay assessments, together with interest thereon at 6% per annum, from the date of the assessments, made by said Mayor and Aldermen against land known as the State's Jarrett Springs Reservation lying on Wayne Street in said City for the

Page 1722

purpose of paying the cost of paving and improving said Street. Appropriation for paving assessments. Section 2. Be it further enacted by said authority, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 20, 1943. PAYMENT TO AMERICAN COOLAIR CORPORATION. No. 53. A RESOLUTION. To appropriate funds for the payment of a claim of the American Coolair Corporation; to instruct and authorize the State Treasurer to pay said claim, and for other purposes. Whereas, on the 1st day of January 1931, at the request of the architects of the State of Georgia, a proposal was made to the State of Georgia to sell the State certain exhaust fans for use in the Hall of the House and the Senate Chamber for the sum of $2,946.94 by the American Coolair Corporation, and Preamble. Whereas, said proposal was accepted by the said architects for the State and also by the Clerk of the House of Representatives, and Whereas, in furtherance of said proposal and acceptance said fans were installed and were tested by the Legislature during the session of 1931 during July and August of 1931, and were found to be as represented and a resolution was passed by the Senate of 1931 authorizing the payment of $2,946.94 to said company, together with the sum of $214.00, being the cost of wiring said fans, and

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Whereas, said fans were used by the State as long thereafter as the Legislature met during the summer months, and Whereas, said fans stayed in the Capitol Building of the State until same was re-modeled in 1937 or 1938, at which time they were removed and sold by the State and the money received from said sale was retained by the State, and Whereas, the said American Coolair Corporation has never been paid any part of said purchase price, nor has it been refunded the money it advanced to have said fans wired for installation, Now therefore, be it Resolved by the General Assembly of Georgia that there is hereby appropriated from the Legislative fund the amount of $1,500.00, which said amount the Budget Authorities of the State are authorized to make available for the purpose of paying and to pay the said amount to the American Coolair Corporation for the purchase of said fans, in the event the financial condition of the State warrants. Purchase of fans authorized. Approved March 20, 1943. PAYMENT TO MRS. J. D. BRIDGES. No. 67. A RESOLUTION. Whereas, on the 11th day of February, 1943, Private J. D. Bridges, of Dawson, Georgia, Unit No. 22 of the Georgia State Guard, was killed in line of duty while drilling with his said Unit in the City of Dawson. Private J. D. Bridges was killed by an automobile being driven into the formation in which he was drilling by a negro, and Preamble.

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Whereas, the said Private J. D. Bridges was serving the State of Georgia in the Georgia State Guard without pay or hope of reward but was serving purely on a voluntary basis, and Whereas, the said Bridges at the time of his death was the sole support of a wife and two minor children of the age of 13 and 8 and his untimely death leaves his wife and minor children in dire financial circumstances. Therefore, be it Resolved by the House of Representatives, the Senate concurring, that the Georgia State Guard be and is hereby directed to pay over to Mrs. J. D. Bridges, widow of Private J. D. Bridges, the sum of $1,000.00 for the benefit of her and her two minor children, said sum of $1,000.00 is to be paid in 12 equal installments beginning March 1, 1943. Said sum shall be paid from the said funds when such funds are available without curtailing the operation of the said State Guard. Payment to Mrs. J. D. Bridges authorized. Approved March 20, 1943. PAYMENT TO MRS. JUANITA BLACK. No. 64. A RESOLUTION. To provide for the payment of funeral expenses incurred by the widow of Fred Black, Jr., a State Patrolman, who was killed in line of his duty to the State of Georgia, and for other purposes. Whereas, Fred Black, Jr., on the 20th day of December. 1940, was killed in the line of his duty as an officer and Highway Patrolman of the State of Georgia, by one Charles Coates, who had been stopped for questioning on the public Highways of this State in Catoosa County, Georgia; and Pleamble.

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Whereas, his widow, Mrs. Juanita Stokes Black, expended out of the small amount of insurance which his hazardous occupation enabled him to carry the sum of approximately $1,000.00; and Whereas, this expenditure on her part practically exhausted the meager estate which came to her on his death, and no provision has been hitherto made by law for her reimbursement. Therefore, be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, that the Department of Public Safety be and it is hereby directed to pay the expenses of interment of the said Fred Black, Jr., including the purchase of a cemetery lot and a marker for his grave, and to reimburse the widow of the said Fred Black, Jr., for the sums expended by her in the premises, upon satisfactory evidence being submitted as to the amount expended as aforesaid, such reimbursement to be made out of funds available to the Department of Public Safety, and in an amount not to exceed $1,000.00 $1,000.00 to be paid Mrs. Juanita Stokes Black. Approved March 20, 1943. PAYMENT TO STOCKS COAL COMPANY. No. 59. A RESOLUTION. To appropriate the sum of $756.64 to the Stocks Coal Company for coal furnished the State of Georgia which has not been paid for, and for other purposes. Whereas, the stocks Coal Company of Atlanta, Georgia did furnish the State of Georgia coal to the value of $756.64, which said coal was ordered by the proper authorities of the State and was delivered to and used by the State, and preamble.

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Whereas, a bill rendered to the State for payment to said company for said coal was approved by the Executive Secretary of the then Governor of Georgia for payment, but that same for some reason not paid and has never been paid, and Whereas, it appears that said sum is just, due and unpaid, and should be paid by the State of Georgia for value received, Now therefore, be it Resolved by the General Assembly of Georgia that the Budget Authorities of the State be and are directed to pay the sum of $756.64 from the funds already appropriaated to the Department of Public Buildings and Grounds, to the Stocks Coal Company for the purchase price of said coal, in the event the financial condition of the State warrants. Payment of Coal bill authorized. Approved March 20, 1943. PHYSICAL TRAINING OF YOUTHS. No. 7. A RESOLUTION. Whereas, in this time of national crisis it is imperative that the youth of the State of Georgia be given the benefit of the maximum physical training and discipline which will insure their ability to share with their elders the responsibilities of winning this war for the preservation of American ideals and the perpetuation of democracy. Preamble. Therefore, be it Resolved by the Senate (the House concurring) that we urge upon all of the school authorities of this State the immediate adoption of massed physical training classes in both the higher grades of the Grammar Schools as well as the High Schools, for both boys and girls. Physical Training in Schools urged.

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Be it further Resolved that in order to inculcate the proper sense of discipline among the youth of school age it is desirable that wherever possible, and where facilities can be provided and the necessary instructional talent made available, that orderly and regular voluntary military drill for boys be instituted and the proper time be allowed for these drill exercises during school hours, both indoors and outdoors, and that in pursuing this program appropriate provision also be made for universal instruction in first-aid and physical fitness activities among the girls and that credit be allowed on school work for time devoted to these types of patriotic instruction. Military drills. First aid. Approved February 4, 1943. PLEDGE OF ALLEGIANCE TO STATE FLAG. No. 65. A RESOLUTION. Resolved by the House of Representatives of Georgia, the Senate concurring: That the pledge of allegiance to the flag of the State of Georgia, adopted by the General Assembly (Georgia Laws 1935, page 1253), as follows, to wit: I pledge allegiance to the Georgia flag and to the principles for which it stands; Wisdom, Justice, and Moderation, be rendered by standing with the right hand over the heart. Pledge of allegiance to State Flag. Approved March 20, 1943.

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REGULAR SESSION OF GENERAL ASSEMBLY. No. 4. A RESOLUTION. Be it Resolved by the Senate, the House concurring, that the General Assembly of Georgia convene in regular session at 10:00 o'clock A. M., Monday, January 18, 1943. Convening of General Assembly. Approved January 13, 1943. REHABILITATION OF VETERANS. No. 49. A RESOLUTION. Be it Resolved, by the General Assembly of Georgia that Whereas, after every great war there is a period of economic confusion and disordered life in the nations, and into this disordered ecomonic life after every war in our nations, our young men have been thrown, totally unprepared to compete with those who have not served in the armed forces, and who have received normal training; and Preamble. Whereas, after World War I no plan was ever carried out in the State of Georgia to rehabilitate the Veterans returning from that War, or to enable them to find positions or provide for their families; and Whereas, thousands of our young men will soon come home; and Whereas, it is the desire of the General Assembly and of the people of Georgia, that a definite plan be laid out to assist our returning soldiers; Therefore be it Resolved, that the General Assembly hereby requests and directs the industrial leaders of Georgia

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to accept the responsibility of setting up machinery and developing plans whereby our returning soldiers, sailors and marines can be properly equipped to take their places in the industrial life of our State. We believe it to be the duty of free enterprise of our great State to accept this responsibility. Rehabilitation of War Veterans. Be it further Resolved, that the Governor is requested to call a meeting of leading industrialists of the State at the earliest opportunity for the purpose of setting up machinery necessary for carrying out this important undertaking. Approved March 18, 1943. ROCKDALE COUNTY OFFICERS' BONDS. No. 10. A RESOLUTION. Whereas, under the law applicable to this, Rockdale County, the Sheriff, Tax-Collector, Clerk of the Superior Court and Ordinary are required to furnish surety bonds, and it appears fair and reasonable that the premiums on such bonds should be paid from the county funds: Preamble. Therefore, be it Resolved by the General Assembly of Georgia, that the premiums on the bonds furnished by the Sheriff, Tax-Collector, Tax-Receiver, Clerk of the Superior Court and Ordinary so required be paid from the county funds on warrants issued by the County Commissioners of Rockdale County as provided by the Acts of the General Assembly of Georgia, approved February 18, 1941, beginning the year 1943. Payment of premiums on official bonds. Approved February 8, 1943.

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SALE OF GLYNN COUNTY MARSH LANDS. No. 39. A RESOLUTION. To authorize the State Properties Commission to sell all of the right, title, and interest which the State of Georgia has or may have in and to a tract of marsh land containing 930 acres, more or less, in Glynn County, Georgia; to provide for the method of sale; to authorize the State Properties Commission to execute and deliver a deed of conveyance to the purchaser conveying said tract of land; and for other purposes. Whereas, the State of Georgia owns all lands within its limits omitted to be surveyed, granted or sold; and Preamble. Whereas, the General Assembly of Georgia is advised that on account of vague and uncertain descriptions in grants of land and in surveys heretofore made covering marsh lands in the County of Glynn, it is impossible to tell whether or not the following described tract of land, to-wit: All of that certain lot, tract or parcel or marsh land situate, lying and being in Glynn County, Georgia, and being a marsh island between St. Simons Island and Sea Island Beach, formerly known as Glynn Isle, containing 930 acres, more or less, and bounded as follows: On the north by St. Clair Creek; on the east by Hampton River and Village Creek; on the south by Village Creek, and on the west by Village Creek and St. Clair Creek, Land described. has ever been surveyed for or granted or conveyed by the State of Georgia to any person, firm, or corporation, and Whereas, said tract of land is of no commercial value and of no use to the State of Georgia; and Whereas, it is to the best interest and advantage of the

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State of Georgia that said tract of land be sold and the proceeds of such sale be paid over to the State Treasurer; Now therefore, be it Resolved and it is hereby resolved by the General Assembly of Georgia: 1. That the State Properties Commission be and it is hereby authorized and directed to make a sale of all of the right, title, and interest which the State of Georgia has or may have in and to said tract of land; Sale authorized. 2. That said Commission shall advertise said tract of land for sale on a day to be fixed by said Commission, such advertisement to invite sealed bids and to be published once a week for four consecutive weeks immediately preceding the day of the sale in the legal organ of Glynn County, Georgia, and in one of the newspapers published in the City of Atlanta having a general circulation throughout said State, and shall sell all of the right, title and interest which said State has or may have in and to said tract of land to the highest bidder for cash; Advertised. 3. That said Commission shall execute and deliver to the successful bidder at such sale a deed of conveyance, without warranty of any kind or character on the part of said State of Georgia, conveying all of the right, title and interest which said State has or may have in and to said tract of land, and Deed, without warranty. 4. That the proceeds of said Sale be paid over to the State Treasurer. Approved March 15, 1943.

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SEA ISLAND NAMED. No. 40. A RESOLUTION. To declare the proper name of a certain island in Glynn County, Georgia to be Sea Island. Whereas, an island in Glynn County, Georgia that has been variously known as Long Island, Glynn Isle, Sea Island Beach, and Sea Island, and such variety of names has caused confusion to the many residents of the Island and to the guests at the Cloister Hotel, which is located on said Island, Preamble. Therefore, be it Resolved by the House of Representatives, the Senate concurring, the name of said Island is, and shall be, Sea Island, and it shall be so designated on the official maps and records of this State. Sea Island designated. Approved March 15, 1943. SHUT-INS' DAY. No. 20. A RESOLUTION. Whereas, the movement to encourage the practice of friendship for the sick and shut-ins is being sponsored by the Shut-In Clubs and through programs of other organization; and Whereas, this movement has served and benefited thousands of sick, affiicted shut-ins in the homes, hospitals, and institutions for shut-ins throughout the State of Georgia; by encouraging the shut-ins to endure and to overcome their unfortunate handicaps in times of great distress and discouragement;

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by and through expressions of sympathy and kindness; Preamble. Be it therefore Resolved by the House of Representatives, the Senate concurring, at the suggestion and request of the Shut-In Clubs, the first Sunday in June of 1943, and on the first Sunday in June of each year thereafter, be designated and known as Shut-Ins' Day, on which day friends, neighbors, and citizens are requested to remember the Shut-Ins by visitations, cards, and other kind and sympathetic gestures. Shut-Ins' Day designated. Approved February 22, 1943. SURETY GODDARD RELIEVED. No. 24. A RESOLUTION. Whereas, Pete Goddard did on the 13th day of February, 1942, become surety for the appearance of Noah Grimes in three certain misdemeanor cases pending in the City Court of Macon, Bibb County, Georgia, viz: Violating Alcohol Control Act, Speeding and Hit and Run Driving; and whereas Noah Grimes failed to appear in compliance with the conditions of said bonds and whereupon the same was forfeited and Rules Nisi issued at the March Term, 1942, and Rules Absolute issued at the May Term, 1942, and executions issued on the forfeiture of said bonds in the principal sums of $300.00, $200.00, and $100.00 and entered upon the General Execution Docket; and whereas the said Noah Grimes did appear in the City Court of Macon, Bibb County, Georgia, on August 24th, 1942 and entered his plea of guilty in two of said charges contained in the accusations and was sentenced by the Court to serve twelve months in each case, the sentences to run consecutively, and

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complied with the judgment of the Court rendered thereon; and whereas the remaining case was, on August 24th, 1942, nol prossed by the Court; Preamble. Now, therefore, be it Resolved by the House of Representatives and the Senate, concurring, that inasmuch as the conditions of said bonds have been fully complied with by the principal therein, and all costs having been paid, the said Pete Goddard, as surety, be relieved from the payment of said bonds in the sum totalling $600.00 and the Clerk of the City Court of Macon, Bibb County, Georgia, is hereby authorized and instructed to mark the execution issued upon this forfeiture, and the Rules Absolute, cancelled and satisfied or record, by authority of this resolution. Seurety on bond relieved. Approved March 2, 1943. SURETY LA COUNT RELIEVED. No. 26. A RESOLUTION. Whereas, J. M. LaCount, of Madison County, Georgia, became Surety of Dave Meadow, charged with the offense of possessing whiskey at the January Term 1934, of the City Court of Danielsville, Madison County, Georgia; and, Preamble. Whereas, Said bond in the amount of $200.00 was forfeited at the April Term 1934, of said City Court of Danielsville; and, Whereas, A rule nisi was issued at the April Term 1934 of said Court against Dave Meadow, as principal, and J. M. LaCount, as surety, for the sum of $200.00; and, Whereas, At the October Term 1934 of said Court said Dave Meadow appeared and entered a plea of guilty and was sentenced to nine months on the chaingang; and,

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Whereas, Upon recommendation of the Judge and the Solicitor of the City Court of Danielsville recommending that the said J. M. LaCount be relieved of paying the $200.00; 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 having been recommended by the Solicitor and Judge of said City Court, Now, therefore, be it Resolved By the General Assembly of the State of Georgia that the said J. M. LaCount, Surety as aforesaid, be relieved from the payment of $200.00, and that the Clerk of the Superior Court of Madison County, Georgia, be and is hereby ordered and instructed to enter upon the records in his office the proper cancellation of said bond. Surety on bond relieved. Approved March 2, 1943. SUSPENSION OF LAWS RELATING TO SHIPPING BAGS. No. 66. A RESOLUTION. Whereas, It is represented to the General Assembly of Georgia that the War Production Board has issued an order in conflict with the laws of Georgia relating to shipping bags used for merchandise; the following resolution is adopted in an effort to cooperate with the War Production Board. Preamble. Therefore, Be it hereby Resolved by the House of Representatives, the Senate concurring, that the Commissioner of Agriculture, State of Georgia, shall, have power and authority to suspend any law of the State administered by

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the Department of Agriculture, relative to the weight, capacity and content of merchandise shipping bags that may be in conflict with the orders, rules or regulations of the War Production Board. This resolution shall be effective during the present national emergency. Suspension of law relating to shipping tags. Approved March 20, 1943. TATTNALL PRISON LOAN REINSTATEMENT. No. 1. A RESOLUTION. Requesting that the Governor take the necessary steps to secure a return of the recent advance payment on the Tattnall Prison and reinstate the loan according to the original plan. Preamble. Be it Resolved by the Senate, the House concurring, so as to become a concurrent resolution of the General Assembly of Georgia: Whereas, On the 30th day of December, 1942, the Governor of the State of Georgia by executive order directed the payment of the entire balance of the loan obtained from an agency of the United States Government for the erection of Tattnall Prison, which said loan according to its original plan was to be repaid in annual installments until the year 1986; and, Whereas, The State of Georgia is faced with unusual conditions, an account of the present war, in the adjustment of its finances; and, Whereas, It is deemed to the best interest of the State that the said loan for Tattnall Prison be carried out according to its original plan, Resolved, That the Governor be, and he is, hereby requested

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by the General Assembly of the State of Georgia, to take the necessary steps to secure a return of the recent advance payment on the Tattnall Prison and reinstate the loan according to the original plan. Return of Tattnall Prison loan. Approved January 13, 1943. TAX ON MALT BEVERAGES. 58-735. No. 69. A RESOLUTION. Whereas: It is required by Section 58-735 of the Code of Georgia that Malt Beverages shall bear a tax paid crown or lid as evidence of the payment to the State of Georgia of the tax imposed upon such beverages by law; and, Whereas: The national war emergency has brought about a shortage of the materials and other materials necessarily used in the manufacture of such tax paid crowns or lids; and, Preamble. Whereas: It is the purpose and intent of both branches of the General Assembly of the State of Georgia to lend every assistance to the National Government in matters connected with the prosecution of the war and the supply of materials therefor; therefore, Be it Resolved by the House of Representatives of the State of Georgia, the Senate concurring, that the Commissioner of Revenue is hereby authorized to order the use of other indications of payment of tax on Malt Beverages or other tax. He being hereby directed to pass such order as will enable those legitimately engaged in the manufacture, sale or distribution of beverages to furnish stamps, labels or other indications of payment which in his discretion will

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serve the purposes of the enforcement of the tax laws involved and at the same time not interfere with the war effort by the use of vital materials. This authorization shall extend for the period of the war and six months thereafter or until otherwise directed by the General Assembly or the Governor of Georgia. Use of bottle crown substitutes. Approved March 20, 1943. WAAC WEEK DESIGNATED. No. 16. A RESOLUTION. Whereas, the President of the United States has decreed by proclamation that one hundred and fifty thousand recruits are needed for service with the Women's Army Auxiliary Corps, and Preamble. Whereas, the Women's Army Auxiliary Corps has been established for the purpose of releasing men in our Army for active combat duty, and Whereas, the women in this corps must be of good character and between the ages of twenty-one and forty-five year, Now, therefore, be it Resolved by the Georgia House of Representatives, with the Senate concurring, that the week beginning February 22, 1943 be, and the same is hereby declared to be WAAC WEEK, and that we, the General Assembly, endorse the campaign for the recruiting of the Women's Auxiliary Corps to the full strength as called for by our President. WAAC Week lesignated. Approved February 19, 1943.

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WIGHTMAN F. MELTONPOET LAUREATE. No. 11. A RESOLUTION. Whereas, The lyre of Georgia's Poet Laureate, the late Honorable Ernest Neal, is stilled; and Preamble. Whereas, It is proper that an outstanding Georgia poet who has achieved eminence in that literary pursuit sometimes referred to as The Language of the Soul; and Whereas, It is desirous that the State of Georgia have as Poet Laureate one who possesses poetic ability and who has made substantial contribution to the fields of art and letters and has thereby materially increased the fame and reputation of our State; and Whereas, An outstanding Georgian has authored The Rhetoric of John Donne's Verse, Chimes of Oglethorpe, The Preacher's Son and other outstanding works of poetry; has edited eight volumes of Poems of Trees, a Sidney Lanier Memorial; has authored and edited bulletins on Frank L. Stanton and Ernest Neal, each of whom was Poet Laureate of the State; has edited Ruskins' Crown of Wild Olive and Queen of the Air; and Whereas, This distinguished Georgian holds the degree of Doctor of Philosophy, is an alumnus of George Peaboby Teachers' College, Nashville, Tennessee, and Johns Hopkins University; headed the Department of English at Emory University, 1908-1924; was Extension Professor of English, Oglethorpe University; and is an editorial writer of renown; and Whereas, The said distinguished Georgian has served as President of the Atlanta Writers Club since 1933; is former President and ex-officio member of the Board of Directors of the Burns Club of Atlanta; and

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Whereas, This prominent Georgia has been the recipient of many citations for ability and achievement in the field of poetry, including the National Poetry Center award called The Poet's Parchment, awarded to him in tribute and recognition of outstanding service in behalf of poets and poetry in Georgia; It is therefore Resolved by the Senate, the House of Representatives concurring, that the Honorable Wightman F. Melton be and he is hereby designated and entitled Poet Laureate of Georgia. Poet Laureate designated. Approved February 8, 1943.

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SUPERIOR COURT CALENDAR FOR 1943 SUPREME COURT OF GEORGIA. HON. CHARLES S. REID Chief Justice HON. R. C. BELL Presiding Justice HON. W. F. JENKINS Associate Justice HON. WARREN GRICE Associate Justice HON. W. H. DUCKWORTH Associate Justice HON. WILLIAM Y. ATKINSON 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 G. S. NEW Deputy Clerk P. WESLEY DERRICK Sheriff

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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 Monday 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 third Mondays in May, August and November. 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. E. E. POMEROY, VIRLYN B. MOORE, HUGH M. DORSEY, PAUL S. ETHERIDGE, WALTER C. HENDRIX, A. L. ETHERIDGE, FRANK A. HOOPER, Judges, Atlanta. JOHN A. BOYKIN, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September and November. ATLANTIC CIRCUIT. HON. MELVILLE PRICE, Judge, Ludowici. R. L. DAWSON, Solicitor-General, Ludowici. BryanThird Monday in March and first Monday in November. EvansFirst Mondays in April and October. LibertyThird Mondays in February and September. LongFirst Mondays in March and September. McIntoshFourth Monday in May and first Monday in December. TattnallThird Mondays in April and October.

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AUGUSTA CIRCUIT. HON. A. L. FRANKLIN, Judge, Augusta. GEORGE HAINS, Solicitor-General, Augusta. BurkeSecond Mondays in May and November. ColumbiaFourth Mondays in March and September. RichmondThird Mondays in January, March, May, July, September and November. BLUE RIDGE CIRCUIT. HON. J. HAROLD HAWKINS, Judge, Marietta. H. G. VANDIVIERE, Solicitor-General, Canton. CherokeeSecond Monday in March, and first Mondays in August and December. CobbThird and fourth Mondays in January, April and July, and first and seconds 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, Hazelhurst. 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. T. HICKS FORT, Judge, Columbus. HUBERT CALHOUN, Solicitor-General, Columbus. ChattahoocheeFourth 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. TalbotSecond Mondays in March and September. TaylorFirst and second Mondays in April and October.

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CHEROKEE CIRCUIT. HON. JOHN C. MITCHELL, Judge, Dalton. J. H. PASCHALL, Solicitor-General, Calhoun. BartowSecond Mondays in January and July, and fourth Mondays in April and October. CatoosaFirst Mondays in February and August, and second Mondays in May and November. DadeThird Mondays in March and September. GordonFourth Mondays in February, May, August and November. MurraySecond Mondays in February and August. WhitfieldFirst Mondays in January and April, fourth Monday in July, and first Monday in October. CORDELE CIRCUIT. HON. O. T. GOWER, Judge, Cordele. HARVEY L. JAY, 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. L. L. MEADORS, Solicitor-General, LaGrange. 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. JAMES F. NELSON, Solicitor-General, Dublin. JohnsonThird Mondays in March and September. LaurensFourth Mondays in January, April, July and October. TwiggsSecond Mondays in April and October.

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EASTERN CIRCUIT. HON. JOHN ROURKE, JR., Judge, Savannah. SAMUEL A. CANN, Solicitor-General, Savannah. ChathamFirst Mondays in March, June and December, and 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. HON. F. E. STRICKLAND, 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. GARRETT, Solicitor-General, Macon. BibbFirst Mondays in February, April, June, August, October and December. CrawfordThird and forth Mondays in March and October. HoustonFirst and second Mondays in April and December. PeachFirst and second Mondays in March and August, and third and fourth Mondays in November.

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MIDDLE CIRCUIT. HON. ROBERT H. HUMPHREY, Judge, Swainsboro. W. H. LANIER, Solicitor-General, Metter. CandlerFirst and second Mondays in February and August. EmanuelSecond Mondays in January, April, July and October. JeffersonSecond Mondays in May and November. ToombsFourth Mondays in February, May, August 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 February, May, July 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. GEORGE S. CARPENTER, Judge, Milledgeville. C. S. BALDWIN, JR., Solicitor-General, Madison. BaldwinSecond Mondays in January and July.

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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. 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.

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PIEDMONT CIRCUIT. HON. CLIFFORD PRATT, Judge, Winder. HOPE D. STARK, Solicitor-General, Lawrenceville. 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. ROME CIRCUIT. HON. CLAUDE H. PORTER, Judge, Rome. H. L. LANHAM, Solicitor-General, Rome. 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 H. 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.

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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. TALLAPOOSA CIRCUIT. HON. W. 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

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WAYCROSS CIRCUIT. HON. WALTER THOMAS, Judge, Waycross. 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. WESTERN CIRCUIT. HON. HENRY H. WEST, Judge, Athens. D. M. POLLOCK, Solicitor-General, Monroe. ClarkeFirst Mondays in January, April, July and October. OconeeFourth Mondays in January and July. WaltonThird Mondays in February, May, August and November.

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INDEX A ABBEVILLE Charter amendments 1151 ACCOUNTANTS See Boards. ACTIONS See Limitation of Actions. ADJUTANT GENERAL Qualifications 113 ADOPTED CHILDREN Birth certificates 420 ADMINISTRATORS AND EXECUTORS Accountings and returns 409 Annual returns 235 Conveyances of rights of way and easements 236 Sales 416 Sales of stocks and bonds 415 Suspension during war service 416 AGENCY See Principal and Agent. AGRICULTURE See Commissioner of Agriculture. Agricultural and Industrial Development Board created 113 ALBANY Employees' pensions 1154 Transportation system 1158 ALIMONY Income tax 317

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ALMA Territorial extension 1161 AMERICAN COOLAIR CORPORATION Payment of claim 1722 ANDREW FEMALE COLLEGE Trustees 1659 APPELLATE COURTS See Supreme Court; Court of Appeals Disposition of cases in; constitutional amendment 23 APPLING COUNTY Board of commissioners created 813 Commissioner; act repealed 825 Tax commissioner's office abolished 826 APPOINTMENTS Senate confirmation 208 APPROPRIATIONS Brannen, W. Herbertcompensation for injuries 97 Fulton County; constitutional amendment 24 General Appropriation Act 84 General Appropriation Actad interim 70 Veterinary Diagnosis Laboratory 99 ARMY-NAVY SALVAGE DAY 1669 ARMY OFFICERS Ex-officio notaries public 421 ATHENS Charter amendments 1162 Recorder's term of office 1164 Relief and pension fund 1165

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ATKINSON COUNTY Tax Commissioner 827 ATLANTA City Code amendments 1174 , 1176 Department of law 1184 Firemen death benefits 1187 Territorial extension 1188 ATLANTIC STATES MARINE FISHERIES COMPACT 117 ASSIGNMENTS Choses in action 263 ATTAPULGUS New charter referendum 1190 ATTORNEYS AT LAW Disbarmentlimitation of proceedings 245 Fees in contested will cases 423 ATTORNEY GENERAL Department of law created 284 AUGUSTA Charter amendments 1239 , 1256 Civil service commission abolished 1258 Officers and employees furloughs 1259 Post war reserve fund 1263 AUGUSTA CIRCUIT Solicitor-general's clerk 1141 AUGUSTA MUNICIPAL COURT Deputy clerk's and sheriff's compensation 701

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AUTOMOBILES License tax reduction 1670 , 1672 License taxtime extended 1675 Tagstime extended 1675 B BACON COUNTY Officers' bonds 831 BAIL Criminal procedure 282 BAILIFFS Chatham special woman bailiff's salary increased 872 BAKER COUNTY Commissioners and districts 831 BANKS AND BANKING Amendments to banking laws 249 Deceased depositorsdeposits 253 Examinations 246 Examinersindividual deposit accounts verified 248 Examiners' compensation 257 Limit of loans 254 BANKS AND TRUST COMPANIES Income tax 320 BARNESVILLE Charter amendments 1266 BATTLESHIP GEORGIA SILVER SERVICE Payment for authorized 1683

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BEAUCHAMP, W. T. Payment of hospitalization expenses 1719 BENEFIT SOCIETIES Fraternal Benefit Societies 495 BEN HILL COUNTY Commissionersamendments 835 Depositoryamendatory act 834 BIBB COUNTY Commissionersadditional powers 837 Public service districts; constitutional amendment 8 BIBB SUPERIOR COURT Six terms; pending proceedings; jurors, etc. 680 BILLS OF SALE See Mortgages. BIRTH Establishing time and place 424 BIRTH CERTIFICATES Adopted children 420 BIRTH RECORDS Certified copies 428 BLACK, MRS. JUANITA Payment to 1724 BLAIRSVILLE New charter 1272

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BOARDS See Government. Industrial Board abolished 167 Pardons and Parole Board created 185 Public Welfare Board abolished 202 Social Security Board created 202 State Board of Accountancy 363 State Board of Health 210 State Board of Prisons established 210 State Examining Boards 212 State Planning Board abolished 223 BOWMAN Charter registration 1346 BRANNEN, W. HERBERT Compensation for injuries 97 BRIDGES, MRS. J. D. Payment to 1723 BRUNSWICK Authority to close alley 1347 Commissionuse of Palmetto Square 1348 Retirement pensions 1348 BRUNSWICK CITY COURT Created 702 Salaries 725 BUENA VISTA Charter amendments 1351 BUILDING AND LOAN ASSOCIATIONS Loans to non-members 258 BULLOCH COUNTY Tax commissioner's compensation 839

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BUTTS COUNTY Commissionersamendments 841 C CAMPAIGN EXPENSES LIMITED See Elections. CAMP NORTHERN Ceded to Griffin 143 CAMP STEWART Fencing anti-aircraft base area 1703 CANDLER COUNTY Commissioners' clerk's compensation 843 CAPITOL Additional property adjacent to 1668 CARRIER PIGEONS Protected 429 CARROLL COUNTY Board of commissioners created 844 Jailer's compensation 856 CARROLLTON Charter amendments 1352 CARTERSVILLE CITY COURT Abolishedreferendum 727 CATOOSA COUNTY Board of roads and revenues abolishedreferendum 857 Commissioners created 858 CENTRAL STANDARD TIME ADOPTED 430

Page 1758

CHARLTON COUNTY Deed to property authorized 1683 CHATHAM COUNTY Special woman bailiff's salary increased 872 CHATTAHOOCHEE COUNTY Commissioners; amendments 873 CHATTAHOOCHEE SUPERIOR COURT Terms changed 682 CHATTOOGA CITY COURT Officers' compensation 728 CHATTOOGA COUNTY Commissioners' compensation 876 CHENILLE MACHINE Original Glenn Looper chenille machine 1717 CHILD LABOR Hours of labor by minors in manufacturing establishments and machine shops 315 CHOSES IN ACTION Assignment 263 CITY COURTS Acts tabulated 701 Solicitor's assistant in certain counties 431 CITY EMPLOYEES Pensions 551 CIVIL SERVICE Equal preferences to Veterans; constitutional amendment 10

Page 1759

CLARK COUNTY Hospital trustees 878 CLAXTON Deed to trustees Claxton farmers market authorized 1689 Salaries of city officials 1354 CLAYTON COUNTY Commissioners; repealing act 889 Tax commissioner's bond 890 CommissionersAct 1941 amended 879 CommissionersAct 1910 repealed 882 Commissioners created 883 Zoning Act repealed 891 CLERK SUPERIOR COURT Compensation in certain counties 267 , 433 , 438 CLINCH COUNTY COURT Established 731 Solicitorvacancy 746 COBB COUNTY Commissioneramending act 892 County farmsale of 899 Funding bonds; constitutional amendment 11 Planning commission 902 Treasurer's compensation 908 CODE AMENDMENTS AND REPEALS Acts tabulated 226 COLLINS Charter 1356 Charter; acts repealed 1379 COLQUITT Charter amendments 1380

Page 1760

COLUMBUS CITY COURT Salaries 748 COMMERCE Charter amendments 1386 COMMISSIONER OF AGRICULTURE Term of office 126 Shipping bags; suspension of laws relating to 1735 COMMON TRUST FUNDS Investments 442 COMPTROLLER GENERAL Compensation 127 Suspension act repealed 225 , 399 CONSERVATION Division of Conservation created 180 Natural Resources Department abolished 180 CONSTABLES Compensation 539 CONSTITUTION Bibb County public service districts 8 Civil ServiceEqual preference to veterans 10 Cobb County funding bonds 11 Committee to revise 1680 Consolidation of school districts 16 Contracts between cities and counties respecting hospitalization 18 DeKalb County educational tax 20 Disposition of cases in Appellate Courts 23 Fulton County appropriations 24 Fulton County temporary loans 26

Page 1761

Game and Fish Commission 28 General Assemblycompensation of members 30 Glenwood bonded debt 31 Glynn County justice courts 33 Public Service Commission 37 Qualifications of electors 39 Ray City bonded debt 41 Reprieves and pardons 43 Revenue anticipation obligations 47 Richmond County retirement fund 48 Sessions of General Assembly 51 Spalding County school board elected by people 53 State Board of Education 55 Summerville school district bonds 57 Taxationexemption of certain corporate stock 60 Teacher's retirement benefits 62 Teacher Retirement Systemtaxation for 64 University System Regents 66 Venue in divorce cases 68 CORONERS FEES In certain counties 268 CONVICTS See Penal Institutions. Segregation of first offenders 450 Youthful convicts 566 COUNTY BOARDS OF EDUCATION Compensation 270 Qualifications 271 COUNTY AND COUNTY MATTERS See local acts. Acts tabulated 811 County police and firemenpensions 459 Police pensions 463

Page 1762

COUNTIES, MUNICIPALITIES AND SCHOOL DISTRICTS Investment of funds 453 COUNTY COURTS Acts tabulated 701 COUNTY EMPLOYEES Pensions 555 COUNTY OFFICERS See local acts. Compensation in certain counties 454 Sheriff's compensation in certain counties 585 , 586 , 587 , 588 Sheriff's fees 571 COUNTY SCHOOL SUPERINTENDENTS Clerical help 274 Reports to grand jury 273 COURT OF APPEALS Costs and salaries 387 Judges emeritus 677 COURT COSTS Divorce cases 470 , 471 , 472 , 473 Misdemeanor cases 452 Supreme Court and Court of Appeals 387 COURT REPORTER Stone Mountain circuit; compensation 1143 COURTS Disposition of cases in Appellate Courts 23 Juvenile courts; jurisdiction in certain counties 695 Supreme Court and Court of Appealscosts and salaries 387 Written charge to jury 262

Page 1763

COUNCILMEN Eligibility for election as mayor 269 COURT REPORTERS Coweta Circuitcompensation 276 Griffin Circuitcompensation 277 Piedmont Circuitcompensation 278 COWETA JUDICIAL CIRCUIT Court reportercompensation 276 CRAWFORD COUNTY Commissioners; amending act 909 CRAWFORD SUPERIOR COURT Two terms 683 CREDIT UNION Examination fees 279 CRIMINAL LAW Firing woods willfully and maliciously 302 Prostitutes and prostitution 568 CRIMINAL PROCEDURE Bail 282 CUSSETA Waterworks and sewerage 1389 D DANCE HALLS Regulations 466

Page 1764

DANIELSVILLE Use of streets regulated 1392 DARIEN Sale of abandoned street 1391 DARIEN CITY COURT Judge and solicitor 749 DAVISBORO Clerk and treasurer consolidated 1393 DAWSON COUNTY Commissioners; repealing act 913 Commissioner created 914 Tax commissioner created 925 DECATUR CITY COURT Salaries 752 DECATUR COUNTY Air-space safety zoning 928 DEEDS Recording certified copy 577 Voluntary 400 DEKALB COUNTY Educational tax; constitutional amendment 20 Planning commission and board of zoning appeals 930 Primary elections 944 Tax commissioner's compensation 946 Waterworks advisory board 941

Page 1765

DEPARTMENTS Labor Department 167 Law Department created 284 Natural Resources 180 Public Health 196 Public Safety 196 Revenue 204 DEPUTY INSURANCE COMMISSIONER Salary 288 DIVORCE Cost deposit in divorce cases 289 Costs in certain counties 470 , 471 , 472 , 473 Costs in certain countiesrepealing act 474 Venue; constitutional amendment 68 DODGE COUNTY Commissioner; annual audit 948 Publishing voters' lists 950 DOG MEAT Sale regulated 475 DOOLY COUNTY Commissioners' compensation and tenure 951 DOUGHERTY COUNTY Commissioners; amending act 952 Law books to 1708 DOUGLAS Registration of voters 1394 Zoning 1396 DOUGLAS COUNTY Tax commissioner's clerk's compensation 955

Page 1766

DUBLIN Charter amendments 1397 E EAST POINT Charter amendmentsreferendum 1400 EATONTON Charter amendments 1406 ECHOLS COUNTY Commissioners and districts 956 EDUCATIONSee Schools; University System; local acts. Acts tabulated 623 Academy for Blind and School for Deaf 230 Adult illiteracy 241 Board members elected from districts in certain counties 626 Board members elected in certain counties 624 Consolidation of school districts; constitutional amendment 16 County boards; compensation 270 County boards; qualifications 271 County school superintendents' reports to grand jury 273 County school superintendents; compensation in certain counties 627 County school superintendents; clerical help 274 Funds supplemented in certain counties 633 Georgia training school for negro girls; maintenance 628 Parental schools in certain counties 628 Payment of teachers 344 Pensions for teachers and school employees 558 Schools for illiterate adults 355 Scholarships for medical students 631 Spalding county school board elected by people 53 State board; constitutional amendment 55 State board reorganized 636 State Library Commission abolished 385 State superintendent; compensation 639

Page 1767

Summerville school district bonds 57 Teachers' retirement benefits 62 Teachers' retirement system 640 Vocation training 672 ELBERT COUNTY Commissioner's clerk's compensation 959 Commissioner's salary increased 960 ELECTIONS See Education; local acts. Absentee voters 228 Additional precincts in militia districts 407 Applications for ballots, disposition in certain counties 476 Assistance in preparing ballots 290 Boards of education in certain counties 624 , 626 Campaign expenses limited 441 Candidates; petition of voters 292 Candidates for General Assembly in certain counties 486 General election biennially in August 535 No solicitation zones in certain counties 478 Precinct hours 480 Precinct hours in certain counties 477 Primary elections; certificate of result 347 Primary elections; candidates for General Assembly 565 Primary elections; executive committees in certain counties 489 Registration of voters in certain counties 581 Registration index cards and precinct files in certain counties 578 Registered voters' lists 353 Voters' list for each precinct 293 Voting precincts in certain counties 620 ELECTORS Qualifications; constitutional amendment 39 ELECTRICIANS Board of examiners in certain counties 481 Renewal certificates 484

Page 1768

ELEEMOSYNARY AND RELIGIOUS CORPORATIONS Powers extended 1660 EMANUEL COUNTY Tax commissioner created 961 EMBALMING Georgia State Bureau of 307 EMINENT DOMAIN Pipe lines 1662 ENTOMOLOGY Act of 1937 amended 487 EXAMINING BOARDS Abolished and recreated 212 EXECUTORS See administrators and executors; guardians; trustees. F FENCE AND STOCK LAW Act of 1927 repealed 489 FERTILIZERS Fertilizer and fertilizer materialregistration 294 FIDELITY INSURANCE Joint control of assets 296 FINANCE COMMISSION Created 298

Page 1769

FIREMEN Pensions for firemen in certain citiesamending act 560 FIRE DEFENSE Wartime mobilization of firemen 490 FIRE PREVENTION See Fire Defense; Highway Department. Firing woods willfully and maliciously 302 FISHING AND HUNTING Licenses 537 FLAG Pledge of allegiance to State flag 1727 FOLEY, FRANK D. Named to Western and Atlantic Railroad Commission 1704 FOREST FIRES See Highway Department. FORSYTH COUNTY Board of commissioners created 965 FRATERNAL BENEFIT SOCIETIES Amending act and codification 495 FULTON COUNTY Appropriations; constitutional amendment 24 Civil service board 971 Pensions; amending act 994 Pension board 995 Temporary loans; constitutional amendment 26

Page 1770

G GAINESVILLE Retirement benefits 1417 GAME AND FISH Oysters and oyster beds regulated 543 GAME AND FISH COMMISSION Constitutional amendment 28 Created 128 GASOLINE AND KEROSENE Specifications 303 GENERAL ASSEMBLY Acts and resolutionscompilation 406 Adjournment 1669 Compensation of members; constitutional amendment 30 Regular sessions 1728 Sessions; constitutional amendment 51 GENERAL ELECTIONS Biennially in August 535 GEORGIA STATE GUARD Created 134 GEORGIA TRAINING SCHOOL FOR NEGRO GIRLS Maintenance 628 GIBSON Charter acts consolidated 1409 GILMER COUNTY Commissioner and advisory board 1021 Commissionerrepealing act 1029

Page 1771

GIRL SCOUTS Juliette Low girl scout day 1707 GLASCOCK COUNTY Board of commissioners created 1030 Commissionersamendments 1042 Commissionersrepealing act of 1941 1049 Commissionersrepealing act of 1939 1050 GLENWOOD Bonded debt; constitutional amendment 31 GLYNN COUNTY Justice courts; constitutional amendment 33 Reserve fund 1051 Sale of marsh lands 1730 GODDARD, PETE Relief as surety 1733 GORDON COUNTY Commissioner's and clerk's compensation 1053 GOVERNMENT Acts tabulated 112 GOVERNMENT Adjutant GeneralQualifications 113 Agricultural and Industrial Development Board 113 Appointments; Senate confirmation 208 Atlantic States Marine Fisheries Compact 117 Commissioner of Agricultureterm of office 126 Comptroller Generalcompensation 127 Game and Fish Commission created 128 Georgia State Guard created 134 Governor removed from boards and departments 142

Page 1772

GriffinCamp Northern ceded to 143 Housing Authorities lawamendments 146 Housing Authoritiespowers extended 161 HousingState Director created 166 Industrial Board abolished 167 Labor DepartmentCommissioner's salary increased 170 Merit system established 171 Military forcesservice beyond state 177 Motor contract carriersdefinitions 179 Natural Resources Department abolished; Division of Conservation created 180 Pardons and Parole Board created 185 Public Health DepartmentDirector's compensation 196 Public Safety Department 196 Public Welfare Board abolished; Board of Social Security created 202 Revenue Department; creating act amended 204 Secretary of State; compensation 356 Securities division; examiners 357 Senate confirmation of appointments 208 State Auditor; qualifications and tenure 361 State Board of Accountancy 363 State Board of Health; acquisition of hospitals, etc. 210 State Board of Prisons established 210 State Bureau of Embalming 304 State Examining Boards; abolished and recreated 212 State Examining Boards; secretary 370 State Highway Commission 216 State ParksAdvisory Committee 223 State Planning Board abolished 223 State Treasurercompensation 224 Treasurer and Comptroller-GeneralSuspension act repealed 225 GOVERNOR Removed from Boards and Departments 142

Page 1773

GRIFFIN Camp Northern ceded to 143 GRIFFIN JUDICIAL CIRCUIT Court reportercompensation 277 GUARDIAN AND WARD Accounting and returns by guardians 409 Sales for reinvestment 308 Sales by guardian 416 Suspension during war service 416 Testamentary guardians 396 H HAPEVILLE Charter amendments 1414 HARALSON COUNTY Tax collector and receiver re-established 1055 HARLEM Zoning and planning laws 1416 HAZELHURST Farmer's market 1700 HEALTH DEPARTMENT City and county 265 Director's compensation 196 Shellfish and oyster beds, inspection 583 HENRY COUNTY Commissioner's clerk's compensation 1058 Commissioner's compensation 1060

Page 1774

HIGHWAY DEPARTMENT Forest fire prevention 494 HINESVILLE CITY COURT Judge's salary 753 HOLIDAYS Legal holidays 331 HOMESTEAD EXEMPTION Amending acts 101 , 103 HORSE MEAT Sale regulated 475 HOSPITALIZATION Contracts between cities and counties respecting hospitalization; constitutional amendment 18 HOSPITALS See Hospitalization. Acquisition by State Board of Health 210 Clark County hospital trustees 878 HOTELS AND INNKEEPERS Liability limited 313 HOURS OF LABOR Minors 315 HOUSING AUTHORITIES See Government; Housing. HOUSING Amendments 146 Authorities; powers extended 161 State director created 166

Page 1775

HOUSTON SUPERIOR COURT Two terms 684 HULL Street use regulated 1419 HUNTING AND FISHING See Game. Licenses 537 HUSBAND AND WIFE Rights and liabilities 316 I ILLEGITIMATES Discrimination against forbidden 538 INCOME TAXES See Taxation. Accelerated amortization of emergency facilities 107 Alimony 317 Banks and trust companies 320 Exemption and credits 321 Verification dispensed with 109 INDUSTRIAL BOARD Abolished 167 Agricultural and Industrial Development Board created 113 INSURANCE COMMISSIONER Salary of deputy 288 INTANGIBLES Classification law; amendments 105 INTERSTATE COOPERATION 1706

Page 1776

J JACKSON Charter amendments 1420 JEFFERSON COUNTY Law books to 1709 JENKINS COUNTY Commissioners; amendments 1063 Tax commissioner 1061 JUDGES Disqualifications 322 Written charge to jury 262 JUDICIAL OFFICERS See Judges. JULIETTE LOW GIRL SCOUT DAY 1707 JUSTICE COURTS Dockets 324 , 325 Glynn County; constitutional amendment 33 JUSTICES OF THE PEACE AND CONSTABLES Compensation 539 JUVENILE COURTS Jurisdiction in certain counties 695 L LABOR DEPARTMENT Commissioner's salary increased 170 Industrial Board abolished 167 Merit system established 171

Page 1777

LACOUNT, J. M. Relief as surety 1734 LAGRANGE Corporate limits 1423 LAMAR COUNTY Advisory board; repealing act 1065 Commissioners created 1066 LAND REGISTRATION LAW Process, summons, service, etc. 326 LANGSTON, HAROLD Payment of hospitalization expenses 1719 LANIER COUNTY COURT Abolished 755 LANIER SUPERIOR COURT Four terms 686 LAURENS COUNTY Law books to 1710 LAW BOOKS See Resolutions; Counties and Municipalities. LAW DEPARTMENT Created 284 LEGAL HOLIDAYS Laws amended with respect to 331 LESLIE Tax assessors 1424 LIBERTY COUNTY Commissioners' compensation 1072

Page 1778

LICENSES AND TAGS See Code Amendments and Repeals; Motor Vehicles. LIMITATION OF ACTIONS Suits for wages, overtime, etc. 333 LIMITED PARTNERSHIP Firm name 335 LOANS Fulton County temporary loans 26 LONG COUNTY Commissioners; amendments 1073 LUMPKIN COUNTY Commissioners' terms 1077 M MACON Charter amendments 1425 , 1428 Pension fund 1430 Water commissioners' employees' retirement pay 1432 MACON COUNTY Treasurer abolished 1078 MADISON COUNTY ACADEMY Charter repealed 1662 MALT BEVERAGES Tax on 1737

Page 1779

MARIETTA Planning commission 1435 Sewerage system 1441 Streets and sidewalks 1445 Territorial extension 1449 MARION COUNTY Treasurer's bond premium 1081 MARKETING ASSOCIATIONS Term of charter not to exceed 50 years 343 Votes of members 343 MARROW Charter 1453 McINTOSH COUNTY Tax commissioner's compensation 1082 MEDICAL STUDENTS Scholarships 631 MELTON, WIGHTMAN F. Poet Laureate 1739 MERIT SYSTEM Established 171 MERIWETHER COUNTY Treasurer's compensation 1083 MILITARY FORCES Service outside the State 177 MILITIA DISTRICTS Additional election precincts 407

Page 1780

MILLEDGEVILLE Payment of paving assessments 1721 MILLER CITY COURT Solicitor 778 MILLEN CITY COURT Abolished 756 New court established 758 MILLER COUNTY Commissioners; amendments 1084 MINIATURE POOL TABLES See Taxation. MINORS See Child Labor. MISDEMEANOR CASES Costs in certain counties 452 MORGAN CITY COURT Abolished 780 MORGAN COUNTY Commissionersclerk 1088 MORTGAGES Effect of filing for record limited 540 Record, limitation of notice by 575 MOTOR FUELS Tax exemption limited 340 Tax exemption for training cadets 1679 Tax 338 Taxation and regulation 340 Taxes, distributors 339

Page 1781

MOTOR VEHICLES Date strips 1714 Licenses and tags 341 Motor contract carriers 179 MOULTRIE New charter 1458 Taxing power 1499 MUNICIPAL COURTS Acts tabulated 701 MUNICIPALITIES, COUNTIES AND SCHOOL DISTRICTS Investment of funds 453 MUNICIPAL CORPORATIONS Acts tabulated 1149 MUNICIPAL OFFICERS Mayor's eligibility 269 MURRAY COUNTY Commissionersroads and streets 1090 N NAMES Change of 260 NATURAL RESOURCES See Government; Industrial Board. Department abolished 180 Division of conservation created 180 NEGROES See Schools; Education. NEWSPAPERS Official organs; status preserved 542

Page 1782

NON-PROFIT COOPERATIVE ASSOCIATIONS See Marketing Associations. NOTARIES PUBLIC Army officers ex-officio notaries public 421 O OCMULGEE RIVER Bridge requested of Federal government 1715 OCONEE COUNTY Tax commissioner 1091 OFFICIAL ORGANS Status preserved 542 OGLETHORPE Charter amendments 1500 OGLETHORPE COUNTY Law books to 1711 OLD AGE PENSIONS Equalization of 1697 OYSTERS AND OYSTER BEDS Regulated 543 P PALMETTO Officers' and employees' compensation 1501 Sale of public utilities 1503

Page 1783

PARDONS AND PAROLES Board of created 185 Misdemeanor cases 1718 Reprieves and pardons; constitutional amendment 43 PARKS AND PUBLIC LANDS State parks, advisory committee 223 Use for growing food products 547 PARTNERSHIP Limited partnership, firm name 335 Registration of business 398 PAVING ASSESSMENTS Payment of Milledgeville paving assessments 1721 PEACH SUPERIOR COURT Three terms 687 PEARSON Charter amendments 1504 PECAN NUTS Licensing of dealers and processors 549 PELHAM Zoning and planning laws 1505 PEMBROKE CITY COURT Terms and solicitor 781 PENAL INSTITUTIONS Segregation of convicts 359 Youthful convicts 566

Page 1784

PENSIONS See local acts. City employees 551 County employees; repealing act 555 County police 463 County police and firemen 459 Equalization of old age pensions 1697 Firemen in certain cities; amending act 560 Teachers and school employees 558 Fulton county pensions; amending act 994 PEPPERTON Territorial extension 1506 PERSONAL PROPERTY Exemption; amending act 110 PHOTOGRAPHIC RECORDING By ordinary in certain counties 563 PHYSICAL TRAINING Youths 1726 PICKENS COUNTY Tax commissioner 1094 PIEDMONT JUDICIAL CIRCUIT Court reportercompensation 278 PIERCE COUNTY Commissioners' compensation 1098 Sheriff's bond premiums 1100 PIPE LINES Right of eminent domain 1662 POET LAUREATE Wightman F. Melton designated 1739

Page 1785

POLICEMAN Special policeman for public properties 595 POOL TABLES Miniature pool tables 336 PRIMARY ELECTIONS See Elections. PRINCIPAL AND AGENT Revocation of agency 354 PRISON BOARD See Penal Institutions. PRISON COMMISSION Youthful convicts 566 PRISONS State Board of established 210 PRIVATE CORPORATIONS Acts tabulated 1659 PROPERTY ADJACENT TO CAPITOL 1668 PROSTITUTES AND PROSTITUTION See Criminal Law. PUBLIC HEALTH Shellfish and oyster beds inspected by Health Department 583 State health laws; amendments 371 PUBLIC HEALTH DEPARTMENT Director's compensation 196 PUBLIC LANDS Use for growing food products 547

Page 1786

PUBLIC RECORDS Destruction of useless records of State departments 468 PUBLIC REVENUES See Taxation. PUBLIC SAFETY DEPARTMENT Amending act 196 Sheriff's fees 571 PUBLIC SERVICE COMMISSION Additional compensation 351 Constitutional amendment 37 PUBLIC WELFARE See Taxation. Board abolished 202 Social Security Board established 202 PUTNAM COUNTY Commissioners; amendments 1100 R RABUN COUNTY CITY COURT Amendments 782 RANDOLPH COUNTY Commissioners' terms and compensation 1103 RAY CITY Bonded debt; constitutional amendment 41 REAL ESTATE BROKERS Act of 1931 amended 572 RECORDING Photographic recording by ordinary in certain counties 563

Page 1787

RECORDS See Mortgages; Deeds. REGENTS See University system. RELIGIOUS AND ELEEMOSYNARY CORPORATIONS Powers extended 1660 RELIGIOUS HOLIDAYS See Legal Holidays. REPRIEVES AND PARDONS See Pardons and Paroles. RESOLUTIONS Miscellaneous subjects 1667 REVENUE Anticipation obligations; constitutional amendment 47 REVENUE DEPARTMENT Creating act amended 204 RICHMOND COUNTY City court; judge 806 Retirement fund; constitutional amendment 48 RICKENBACKER, CAPT. EDDIE Invitation to 1707 RINGGOLD New charter 1508 ROAD HOUSES Regulations 466 ROCHELLE Charter amendments 1551

Page 1788

ROCKDALE COUNTY Officers' bonds 1729 Tax collector's office abolished 1106 Tax commissioner created 1106 Tax receiver's office abolished 1109 ROCKMART Planning commission 1552 ROME Charter amendments 1559 Retirement fund 1560 S SANITATION Slum clearance in certain counties 593 SAVANNAH Charter amendments 1573 , 1575 Territorial extension 1585 , 1586 SAVANNAH BEACH Charter amendments 1571 SCHLEY COUNTY Tax commissioner 1110 SCHOOL DISTRICTS, COUNTIES AND MUNICIPALITIES Investment of funds 453 SCHOOL EMPLOYEES Pensions 558

Page 1789

SCHOOLS See Education. Board of education elections 624 , 626 Consolidation of school districts; constitutional amendment 16 County superintendent; compensation in certain counties 627 Employees: pensions 558 Madison County Academy; charter repealed 1662 Georgia training schools for negro girls, maintenance 628 Parental schools created in certain counties 628 SCHOOL TEACHERS See Education. SCREVEN COUNTY Treasurer abolished; referendum 1112 Treasurer's compensation; referendum 1115 SEA ISLAND Name designated 1732 SECRETARY OF STATE Compensation 356 Examiners; securities division 357 SELMAN, DR. O. A. Payment of rent to 1720 SHELLFISH See Health Department; Public Health. SHERIFFS See County Officers; Public Safety Department. Additional fees 591 Compensation in certain counties 433 , 585 , 586 , 587 , 588 , 590 Vacancies in certain counties 592 SHIPPING BAGS Suspension of laws relating to 1735 SHUT-INS DAY 1732

Page 1790

SLUM CLEARANCE In certain counties 593 SMYRNA Charter amendments 1586 SOCIAL SECURITY Board of created 202 SOPERTON CITY COURT Terms 806 SPALDING COUNTY School Board elected by people; constitutional amendment 53 SPECIAL POLICEMAN For public properties 595 SOLICITORS-GENERAL Acts tabulated 1137 Assistant in certain counties 1137 Clerk in Augusta circuit 1141 Leave of absence when in armed service 1142 STATE AUDITOR See Government. Qualifications and tenure 361 STATE BOARD OF EDUCATION Adult illiteracy 241 Constitutional amendment 55 Reorganization 636 STATE BOARD OF HEALTH Acquisition of hospitals, laboratories, etc. 210 STATE EMPLOYEES Workmen's compensation 401

Page 1791

STATE EXAMINING BOARDS See Government. STATE HIGHWAY DEPARTMENT State Highway Commission created 216 State Highway Director 216 Treasurer of State Highway Department 216 STATE PARKS Advisory committee 223 STATE PLANNING BOARD Abolished 223 STATE SCHOOL SUPERINTENDENT Compensation 639 STATE TREASURER Salary 224 Suspension act repealed 225 STATUTE OF LIMITATIONS See Limitation of Actions. STEPHENS SUPERIOR COURT Four terms 689 STEWART COUNTY Commissioner's clerk 1116 Disbursing clerk 1118 STOCK LAWS See Fence and Stock Law. STOCKS COAL COMPANY Payment to 1725 STONE MOUNTAIN CIRCUIT Reporter's compensation 1143

Page 1792

SUGAR VALLEY Bonds; referendum 1592 SUMMERVILLE School district bonds; constitutional amendment 57 SUMTER COUNTY Primary election candidates 1119 SUPERIOR COURTS Calendar for 1943 1742 Change in terms 680 Clerk's compensation in certain counties 438 Written charge to jury 262 SUPREME COURT Costs and salaries 387 SURETIES Resolutions for relief of 1733 , 1734 SYPHILIS Blood test during pregnancy 599 T TALBOT SUPERIOR COURT Terms changed 690 TALIAFERRO COUNTY Commissioners' clerk's compensation 1120 Treasurer 1121 TALLULAH FALLS Charter 1593 TATTNALL PRISON Loan reinstatement 1736

Page 1793

TAX COMMISSIONER See local acts. Compensation in certain counties 433 , 601 TAXATION See Intangibles. Assessments against property owners 243 DeKalb County educational tax 20 Exemption of certain corporate stock 60 Homestead exemptionamending act 101 , 103 Income taxesaccelerated amortization of emergency facilities 107 Income taxalimony 317 Income taxBanks and trust companies 320 Income taxExemption and credits 321 Income taxverification dispensed with 109 Malt beverages 1737 Miniature pool tables 336 Motor fuel 338 Motor fuel distributors 339 Motor fuel tax exemption limited 340 Property exempt 348 Personal property exemption; amending act 110 Teacher retirement system 64 Veterans exempted from business tax 617 Victory tax 1700 Welfare benefits 395 TEACHERS See Education. Payment 344 Pensions 558 Retirement benefits 62 Retirement system 640 Retirement system; taxation for 64 TEACHER RETIREMENT SYSTEM Taxation for 64 TELFAIR COUNTY Commissioners' clerk's salary 1123

Page 1794

THOMASVILLE Charter amendments 1601 THOMSON Charter amendments 1616 TIME Central standard time adopted 430 TITLE INSURANCE Superseding act 602 TOOMBS COUNTY Deer hunting prohibited 1124 TOOMBS SUPERIOR COURT Four terms 691 TOURIST HOUSES See Road Houses. TRADE NAMES Trade and partnership namesregistration 398 TREASURER AND COMPTROLLER GENERAL Suspension repeal 399 TRUSTEES See Administrators and Executors; Guardians. TRUST FUNDS Common trust funds; investments 442 TWIGGS COUNTY Commissioners' terms 1124 TWIGGS SUPERIOR COURT Act of 1917 repealed 693 Two terms 694

Page 1795

U UNEMPLOYMENT COMPENSATION Delinquent contributions 610 Benefit rights preserved during war 612 Terms classified 613 UNION CITY City waterworks 1619 UNION COUNTY Deed to land to Union County authorized 1693 UNIVERSITY SYSTEM See Education. Athletic contestsadmission tickets 623 Regents; constitutional amendment 66 Regents; reorganization 670 V VALDOSTA Charter amendments 1621 Territorial extension 1623 VENEREAL DISEASES Cooperation in control of 1678 VETERANS Equal preference; civil service 10 Exemption from business taxes 617 Licenses to conduct business 617 Rehabilitation of 1728 VETERINARY Diagnosis laboratory 99 VIDALIA Elections 1620

Page 1796

VOCATIONAL EDUCATION See Education. VOLUNTARY DEEDS AND CONVEYANCES See Deeds. W WAAC WEEK Week beginning February 22, 1943, designated as 1738 WALTON COUNTY Law books to 1712 WAR EFFORT Cooperation in 1676 WARNER ROBINS Charter 1624 WASHINGTON COUNTY Commissioners' compensation 1125 Sheriff's bond reduced 1126 WAYCROSS Recorder 1639 WAYNE COUNTY Commissioners; sale of lots 1127 WAYNESBORO CITY COURT Jury trials 807 WEBSTER COUNTY Commissioner's clerk and compensation 1128 Tax commissioner's compensation 1130

Page 1797

WESTERN AND ATLANTIC RAILROAD COMMISSION Frank D. Foley named to 1704 WILCOX COUNTY Treasurer 1131 WILKINSON COUNTY Commissioners; amendments 1132 WINDER Charter amendments 1641 Commission form of government 1643 WOODBINE Territorial limits redefined 1655 WORKMEN'S COMPENSATION Industrial Board abolished 167 State Board of Workmen's Compensation created 167 State employees 401 WORTH Charter repealed 1656 Y YEAR'S SUPPORT Conveying and encumbering 621 YOUTHS Physical training of 1726