Acts and resolutions of the General Assembly of the state of Georgia 1945 [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 19450000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1945 19450000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

TABLES OF TITLES PART I. TITLE I.AMENDMENTS TO CONSTITUTION AS PROPOSED. TITLE II.GENERAL PUBLIC LAWS. PART II.LOCAL AND SPECIAL LAWS. PART III.RESOLUTIONS.

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1945 PART I TITLE IAMENDMENTS TO CONSTITUTION AS PROPOSED TITLE IIGENERAL PUBLIC LAWS

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Amendment to Constitution of Georgia of 1877 . Title I No. 34 A Resolution. Proposing (as one single amendment) to amend the Constitution of the State of Georgia of 1877 and all amendments thereof, by striking in their entirety Article I (Bill of Rights), Article II (Elective Franchise), Article III (Legislative Department), Article IV (Power of the General Assembly Over Taxation), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation, and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and County Officers), Article XII (The Laws of General Operation in Force in This State), Article XIII (Amendments to the Constitution), and by inserting in lieu thereof, after the Preamble of the Constitution of the State of Georgia of 1877, new Articles as follows: Article I (Bill of Rights), Article II (Elective Franchise), Article III (Legislative Department), Article IV (Public Utilities, Eminent Domain, Police Power, Insurance Companies, Contracts, etc.), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and Municipal Corporations), Article XII (The Laws of General Operation in Force In This State), Article XIII (Amendments to the Constitution), Article XIV (Merit System), and Article XV (Home Rule); and to provide for the submission of the Amendment so proposed as one Amendment to the qualified voters of the State of Georgia for ratification or rejection at the general election to be held in August, 1945. Whereas, the purpose of this single amendment is to coordinate the proposed substantial principles of organic law into one subject matter of the Constitution; it being impracticable otherwise than in one subject matter and one amendment to perfect the rearrangement sought;

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and to render unnecessary the evil consequences of a portion by portion adoption or rejection which would in case of adoption of some portions and rejection of others result in a Constitution lacking correlation, Now, therefore, be it resolved by the General Assembly of Georgia: Section I. That the Constitution of the State of Georgia of 1877 and all Amendments thereof appearing after the Preamble, be and it is, hereby proposed to be amended as one single amendment by striking therefrom in their entirety Article I (Bill of Rights), Article II (Elective Franchise), Article III (Legislative Department), Article IV (Power of the General Assembly over Taxation), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation, and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and County Officers), Article XII (The Laws of General Operation in Force in This State), Article XIII (Amendments to the Constitution), and inserting in lieu thereof new Articles Numbers I through XV inclusive, so that when so amended, the Constitution of the State of Georgia of 1877 shall read, beginning with the Preamble, as follows: Articles 1 to 13, inclusive (Code, Chapters 2-1 to 2-89, inclusive) stricken. New articles 1 to 15, inclusive, proposed. PREAMBLE To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizens, and transmit to posterity the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution. Preamble. Article I . Bill of Rights . Section I. Paragraph I. Origin and Foundation of Government . All government, of right, originates with the people, is founded upon their will only, and is instituted solely for

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the good of the whole. Public officers are the trustees and servants of the people, and at all times, amenable to them. Origin and foundation of government. Public officers. Paragraph II. Protection the Duty of Government . Protection to person and property is the paramount duty of government, and shall be impartial and complete. Protection as government's duty. Paragraph III. Life, Liberty, and Property . No person shall be deprived of life, liberty, or property, except by due process of law. Due process of law. Paragraph IV. Right to the Courts . No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both. Right to courts. Paragraph V. Benefit of Counsel; Accusation; List of Witnesses; Compulsory Process; Trial By Jury . Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation, and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury. Benefit of counsel; accusation; list of witnesses; compulsory process; jury trial. Paragraph VI. Crimination of Self Not Compelled . No person shall be compelled to give testimony tending in any manner to criminate himself. Self-crimination. Paragraph VII. Banishment and Whipping as Punishment for Crime . Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed. Banishment and whipping prohibited. Paragraph VIII. Jeopardy of Life or Liberty More Than Once Forbidden . No person shall be put in jeopardy of life, or liberty, more than once for the same offense, save on his, or her own motion for a new trial after conviction, or in case of mistrial. Double jeopardy. Paragraph IX. Bail; Fines; Punishment; Arrest, Abuse of Prisoners . Excessive bail shall not be required, nor

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excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison. Bail; fines; punishments; abuse of prisoners. Paragraph X. Costs . No person shall be compelled to pay costs except after conviction on final trial. Costs. Paragraph XI. Habeas Corpus . The writ of Habeas Corpus shall not be suspended. Habeas corpus. Paragraph XII. Freedom of Conscience . All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or interfere with such right of conscience. Freedom of worship and of conscience. Paragraph XIII. Religious Opinions; Liberty of Conscience . No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office, or trust, on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. Religious opinions. Limits to liberty of conscience. Paragraph XIV. Appropriations to Churches, Sects, Etc., Forbidden . No money shall ever be taken from the public Treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution. Aid to churches, etc., forbidden. Paragraph XV. Liberty of Speech or of the Press Guaranteed . No law shall ever be passed to curtail, or restrain the liberty of speech, or of the press; any person may speak, write and publish his sentiments, on all subjects, being responsible for the abuse of that liberty. Liberty of speech and of press. Paragraph XVI. Searches, Seizures, and Warrants . The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized. Searches, seizures, and warrants.

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Paragraph XVII. Slavery and Involuntary Servitude . There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof. Slavery and involuntary servitude. Paragraph XVIII. Status of the Citizen . The social status of the citizen shall never be the subject of legislation. Social status of citizen. Paragraph XIX. Civil Authority Superior to Military . The civil authority shall be superior to the military, and no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law. Civil authority superior to military. Paragraph XX. Contempts . The power of the Courts to punish for contempt shall be limited by legislative acts. Contempts. Paragraph XXI. Imprisonment for Debt . There shall be no imprisonment for debt. Imprisonment for debt. Paragraph XXII. Arms, Right to Keep and Bear . The right of the people to keep and bear arms, shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne. Right to keep and bear arms. Paragraph XXIII. Legislative, Judicial, and Executive Powers, Separate . The legislative, judicial and executive powers shall forever remain separate and distinct, and no person discharging the duties of one, shall, at the same time, exercise the functions of either of the others, except as herein provided. Branches of government separate. Paragraph XXIV. Right to Assemble and Petition . The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance. Right to assemble and petition. Paragraph XXV. Citizens, Protection of . All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty

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of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges and immunities due to such citizenship. Protection of citizens. Section II. Paragraph I. Libel; Jury in Criminal Cases; New Trials . In all prosecutions or indictments for libel the truth may be given in evidence; and the jury in all criminal cases, shall be the judges of the law and the facts. The power of the judges to grant new trials, in case of conviction, is preserved. Libel. Jury in criminal cases. New trials. Paragraph II. Treason . Treason against the State of Georgia, shall consist in levying war against her; adhering to her enemies; giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court. Treason. Paragraph III. Conviction, Effect of . No conviction shall work corruption of blood, or forfeiture of estate. Effect of conviction. Paragraph IV. Lotteries . All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws. Lotteries. Paragraph V. Lobbying; Penalties . Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties. Lobbying. Paragraph VI. Fraud; Concealment of Property . The General Assembly shall have the power to provide for the punishment of fraud; and, shall provide by law, for reaching property of the debtor concealed from the creditor. Fraud; concealment of property. Section III. Paragraph I. Private Ways; Just Compensation . In case of necessity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid. Private ways. Taking private property.

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Paragraph II. Attainder; Ex Post Facto and Retroactive Laws, Etc. No Bill of Attainder, expost facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed. Attainder; ex post facto, retroactive laws; impairment of contract, etc. Paragraph III. Revocation of Tax Exemptions . All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void. Tax exemptions revoked. Section IV. Paragraph I. General Laws; Uniform Operation; How Varied . Laws of a general nature shall have uniform operation throughout the State, and no special law shall be enacted in any case for which provision has been made by an existing general law. No general law affecting private rights, shall be varied in any particular case, by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person under legal disability to contract, is capable of such consent. Uniform operation of general laws. Special laws. Special legislation. Paragraph II. What Acts Void . Legislative acts in violation of this Constitution, or the Constitution of the United States, are void, and the Judiciary shall so declare them. Void legislative acts. Section V. Paragraph I. State Rights . The people of this State have the inherent, sole and exclusive right of regulating their internal government, and the police thereof, and of altering and abolishing their Constitution whenever it may be necessary to their safety and happiness. People's rights. Paragraph II. Enumeration of Rights Not Denial of Others . The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed. Enumeration of rights not denial of others. Section VI. Paragraph I. Tide Water Titles: Confirmed . The Act

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of the General Assembly approved December 16, 1902, which extends the title of ownership of lands abutting on tidal water to low water mark is hereby ratified and confirmed. Tide water titles confirmed. Article II . Elective Franchise . Section I. Paragraph I. Elections By Ballot; Registration of Voters . Elections by the people shall be by ballot, and only those persons shall be allowed to vote who have been first registered in accordance with the requirements of law. Elections by ballot. Registration of voters. Paragraph II. Who Shall Be An Elector Entitled to Register and Vote . 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. Electors' qualifications. Paragraph III. Who Entitled to Register and Vote . To entitle a person to register and vote at any election by the people, he shall have resided in the State one year next preceding the election, and in the county in which he offers to vote six months next preceding the election. Same. Paragraph IV. Qualifications of Electors . Every citizen of this State shall be entitled to register as an elector, and to vote in all elections in said State, who is not disqualified under the provisions of Section II of Article II of this Constitution, and who possesses the qualifications prescribed in Paragraphs II and III of this Section or who will possess them at the date of the election occurring next after his registration, and who in addition thereto comes within either of the classes provided for in the two following subdivisions of this paragraph. Same.

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1. All persons who are of good character and understand the duties and obligations of citizenship under a republican form of government; or, 2. All persons who can correctly read in the English language any paragraph of the Constitution of the United States or of this State and correctly write the same in the English language when read to them by any one of the registrars, and all persons who solely because of physical disability are unable to comply with the above requirements but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States or of this State that may be read to them by any one of the registrars. Paragraph V. Appeal From Decision of Registrars . Any person to whom the right of registration is denied by the registrars upon the ground that he lacks the qualifications set forth in the two subdivisions of Paragraph IV shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any person to register under said subdivisions. All appeals must be filed in writing with the registrars within ten days from the date of the decision complained of, and shall be returned by the registrars to the office of the clerk of the superior court to be tried as other appeals. Appeal from registrars' denial of registration. Paragraph VI. Judgment of Force Pending Appeal . Pending an appeal and until the final decision of the case, the judgment of the registrars shall remain in full force. Effect of registrars' decision pending appeal. Section II. Paragraph I. Registration of Electors; Who Disfranchised . The General Assembly may provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permitted to register, vote or hold any office, or appointment of honor, or trust in this State, to-wit: 1st. Those who shall have been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime

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involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless such persons shall have been pardoned. 2nd. Idiots and insane persons. Registration of electors. Ineligibility to vote and to hold office. Section III. Paragraph I. Privilege of Electors From Arrest . Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same. Electors' immunity from arrest. Section IV. Paragraph I. Holder of Public Funds . No person who is the holder of any public money, contrary to law, shall be eligible to any office in this State until the same is accounted for and paid into the Treasury. Public fund holder's ineligibility for office. Section V. Paragraph I. Sale of Liquors on Election Days . The General Assembly shall by law forbid the sale of intoxicating drinks in this State or any political subdivision thereof on all days for the holding of any election in the area in which such election is held and prescribe punishment for any violation of the same. Sale of liquors on election days. Section VI. Paragraph I. Returns Made to Whom . Returns of election for all civil officers elected by the people, who are to be commissioned by the Governor, and also for members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by law. Election returns to Secretary of State. Article III . Legislative Department . Section I. Paragraph I. Power Vested in General Assembly . The

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legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives. Power vested in General Assembly. Section II. Paragraph I. Number of Senators and Senatorial Districts . The Senate shall consist of not more than fifty-four members and there shall be not more than fifty-four Senatorial Districts with one Senator from each District as now constituted, or as hereafter created. The various Senatorial Districts shall be comprosed of the Counties as now provided, and the General Assembly shall have authority to create, rearrange and change these Districts within the limitations herein stated. Number of Senators and Senatorial Districts. Section III. Paragraph I. Number of Representatives . The House of Representatives shall consist of representatives apportioned among the several counties of the State as follows: To the eight counties having the largest population, three representatives each; to the thirty counties having the next largest population, two representatives each; and to the remaining counties, one representative each. Number of Representatives. Paragraph II. Apportionment Changed, How . The above apportionment shall be changed by the General Assembly at its first session after each census taken by the United States Government in accordance with the provisions of Paragraph I of Section III of this article. Change of apportionment. Section IV. Paragraph I. Term of Members . The members of the General Assembly shall be elected for two years, and shall serve until the time fixed by law for the convening of the next General Assembly. Term of members. Paragraph II. Election, When . The first election for members of the General Assembly, under this Constitution shall take place on Tuesday after the first Monday in November, 1946, and subsequent elections biennially, on that day, until the day of election is changed by law. Dates for elections.

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Paragraph III. Meeting of the General Assembly . The General Assembly shall meet in regular session on the second Monday in January 1947, and biennially thereafter on the same day until the date shall be changed by law. By concurrent resolution, adopted by a majority of 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 unless it shall have adjourned sine die. All business pending in the Senate or House 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 the House of Representatives, as provided in Article V, Section I, Paragraph XII of this Constitution. If an impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed. The provisions of Paragraph III, Section IV of Article III of the Constitution which this Constitution supersedes which apply to the meetings of the General Assembly shall continue in force until the second Monday in January, 1947. Meetings of the General Assembly. Paragraph IV. Quorum . A majority of each House shall constitute a quorum to transact business; but a smaller number may adjourn from day to day and compel the presence of its absent members, as each house may provide. Quorum. Paragraph V. Oath of Members . Each Senator and

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Representative, before taking his seat, shall take the following oath, or affirmation, to-wit: I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State. Oath of members. Paragraph VI. Eligibility; Appointments Forbidden . No person holding a military commission, or other appointment, or office, having any emolument, or compensation annexed thereto, under this State, or the United States, or either of them except Justices of the Peace and officers of the militia, nor any defaulter for public money, or for any legal taxes required of him shall have a seat in either house; nor shall any Senator, or Representative, after his qualification as such, be elected by the General Assembly, or appointed by the Governor, either with or without the advice and consent of the Senate, to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat, provided, however, that during the term for which he was elected no Senator or Representative shall be appointed to any civil office which has been created during such term. Eligibility. Appointments forbidden. Paragraph VII. Removal From District or County, Effect of . The seat of a member of either house shall be vacated on his removal from the district or county from which he was elected. Effect of member's removal from district or county. Section V. Paragraph I. Qualifications of Senators . The Senators shall be citizens of the United States, who have attained the age of twenty-five years, and who shall have been citizens of this State for four years, and for one year residents of the district from which elected. Qualifications of Senators. Paragraph II. President . The presiding officer of the Senate shall be styled the President of the Senate. A President Pro Tempore shall be elected viva voce from

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the Senators and shall act in case of the death, resignation or disability of the President, or in the event of his succession to the executive power. President of Senate. Paragraph III. Impeachments . The Senate shall have the sole power to try impeachments. Impeachments. Paragraph IV. Trial of Impeachments . When sitting for that purpose, the members shall be on oath, or affirmation, and shall be presided over by the Chief Justice or the Presiding Justice of the Supreme Court. Should the Chief Justice be disqualified, the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without the concurrence of two-thirds of the members present. Trial of impeachments. Paragraph V. Judgments in Impeachments . Judgments, in cases of impeachment, shall not extend further than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, within this State; but the party convicted shall nevertheless, be liable, and subject, to indictment, trial, judgment, and punishment, according to law. Judgments in impeachments. Section VI. Paragraph I. Qualifications of Representatives . The Representatives shall be citizens of the United States who have attained the age of twenty-one years, and who shall have been citizens of this State for two years, and for one year residents of the counties from which elected. Qualifications of Representatives. Paragraph II. Speaker . The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected viva voce from the body. Speaker. Paragraph III. Power to Impeach . The House of Representatives shall have the sole power to vote impeachment charges against all persons who shall have been or may be in office. Power to impeach. Section VII. Paragraph I. Election, Returns, Etc.; Disorderly Conduct .

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Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs. Election returns, etc.; disorderly conduct; expulsion. Paragraph II. Contempts, How Punished . Each House may punish by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly behavior in its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either House. Contempts. Paragraph III. Privilege of Members . The members of both Houses shall be free from arrest during their attendance on the General Assembly, and in going thereto, or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no member shall be liable to answer in any other place for anything spoken in debate in either House. Members' immunities. Paragraph IV. Journals and Acts . Each House shall keep a journal of its proceedings, and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed by each session. Journals and laws. Paragraph V. Where Journals Kept . The original journal shall be preserved after publication, in the office of the Secretary of State, but there shall be no other record thereof. Record of journal. Paragraph VI. Yeas and Nays, When Taken . The yeas and nays on any question shall, at the desire of one-fifth of the members present, be entered on the Journal. Yeas and nays. Paragraph VII. Bills To Be Read . Every bill, before it shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion, or insurrection, but the first and second reading of each local bill, shall consist of the reading of the title only, unless said bill is ordered to be engrossed. Reading of bills. Paragraph VIII. One Subject Matter Expressed . No

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law shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof. One subject matter. Title of bill. Paragraph IX. General Appropriation Bill . The General appropriation bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject. Appropriation bills. Paragraph X. Bills for Revenue . All bills for raising revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, as in other bills. Origin of revenue or appropriation bills. Paragraph XI. Public Money, How Drawn . No money shall be drawn from the Treasury except by appropriation made by law. Public money, how drawn. Paragraph XII. Bills Appropriating Money . No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays, in each house, are recorded. Yeas and nays. Paragraph XIII. Acts Signed; Rejected Bills . All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives, and no bill or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same or any other title, without the consent of two-thirds of the House by which the same was rejected. Acts signed. Rejected bills. Paragraph XIV. Majority of Members to Pass Bill . No bill shall become a law unless it shall receive a majority of the votes of all the members elected to each House of the General Assembly, and it shall, in every instance, so appear on the Journal. Majority to pass bill. Paragraph XV. Notice of Intention to Ask Local Legislation Necessary . No local or special bill shall be

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passed, unless notice of the intention to apply therefor shall have been published in the newspaper in which the Sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question. Where any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law must provide that the member or members so added must be elected by a majority vote of the qualified voters of the political subdivision affected. Local or special bills. Paragraph XVI. Statutes and Sections of Code, How Amended . No law, or section of the code, shall be amended or repealed by mere reference to its title, or to the number of the section of the Code, but the amending, or repealing act, shall distinctly describe the law to be amended or repealed, as well as the alteration to be made. Amending laws. Paragraph XVII. Corporate Powers, How Granted . The General Assembly shall have no power to grant corporate powers and privileges to private companies, to make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts; it may confer this authority to grant corporate powers and privileges to private companies to the judges of the superior courts of this State in vacation. All corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express and telegraph companies shall

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be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general laws by what person such charter shall be granted. Corporate powers, how granted. Paragraph XVIII. Recognizances . The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances, from the payment thereof, either before or after judgment thereon, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers. Recognizances. Paragraph XIX. Yeas and Nays to be Entered, When . Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of an act or resolution, the yeas and nays on the passage thereof shall be entered on the Journal. Yeas and nays, when entered. Paragraph XX. Powers of the General Assembly . The General Assembly shall have the power to make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State. Powers of General Assembly. Paragraph XXI. Signature of Governor . No provision in this Constitution for a two-thirds vote of both houses of the General Assembly shall be construed to waive the necessity for the signature of the Governor as in any other case, except in the case of the two-thirds vote required to override the veto, to submit constitutional amendments, and in case of prolongation of a session of the General Assembly. Governor's signature. Paragraph XXII. Adjournments . Neither House shall adjourn for more than three days, or to any other place, without the consent of the other, and in case of disagreement between the two Houses, on a question of adjournment, the Governor may adjourn either, or both of them. Adjournments. Paragraph XXIII. Zoning and Planning Laws . The General Assembly of the State shall have authority to grant the governing authorities of the municipalities and counties authority to pass zoning and planning laws

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whereby such cities or counties may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans for development and improvements on real estate therein. Zoning and planning laws. Paragraph XXIV. Civil ServiceEqual Preference to Veterans . 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, provide equal preferences accorded to such veterans as now exist under Federal Civil Service Laws. Civil serviceequal preferences for war veterans. Paragraph XXV. Street Railways . The General Assembly shall not authorize the construction of any street passenger railway, within the limits of any incorporate town or city, without the consent of the Corporate Authorities. Street railways. Section VIII. Paragraph I. Officers of the Two Houses . The officers of the two Houses, other than the President of the Senate and Speaker of the House, shall be a President Pro Tempore and Secretary of the Senate and Speaker Pro Tempore and Clerk of the House of Representatives, and such assistants as each House may provide for. Officers of two Houses. Section IX. Paragraph I. Compensation, Expense and Mileage . The per diem of members of the General Assembly shall be $10.00 per day plus the additional sum of $5.00 per day for maintenance expense; and the mileage shall not exceed 10 cents for each mile traveled by the nearest practical route in going to and returning from the Capitol; but the President Pro Tem of the Senate, when serving as presiding officer thereof, and the Speaker of the

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House of Representatives, shall each receive $15.00 per day as per diem plus the additional sum of $5.00 per day for maintenance expense. Compensation, expenses, and mileage. Section X. Paragraph I. Viva Voce Vote; Place of Meeting . All elections by the General Assembly shall be viva voce, and the vote shall appear on the Journal of the House of Representatives. When the Senate and House of Representatives unite for the purpose of election, they shall meet in the Representative Hall, and the President of the Senate shall, in such cases, preside and declare the results. Elections by General Assembly. Section XI. Paragraph I. Salaries of Elective Officials; How Changed . The General Assembly may, at any time, by a majority vote of both branches prescribe other and different salaries for all of the elective officers provided for in this Constitution, but no such change shall affect the officers then in commission. Change of elective officers' salaries. Article IV . Public Utilities, Eminent Domain, Police Power, Insurance Companies, Contracts, Etc. Section I. Paragraph I. Public Utility Tariffs and Charges . The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time, to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable

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rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or municipality of this State; except as provided in this Constitution. Regulation of railroad and public utility rates. Paragraph II. Rebates . No public utility company shall give, or pay, any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight or passage or services furnished, any such payments shall be illegal and void; and these prohibitions shall be enforced by suitable penalties. Public utility rebates prohibited. Section II. Paragraph I. Right of Eminent Domain . The exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the General Assembly from taking property and franchises, and subjecting them to public use. Eminent domain. Paragraph II. Police Power . The exercise of the police power of the State shall never be abridged, nor so construed as to permit the conduct of business in such manner as to infringe the equal rights of others, or the general wellbeing of the State. Police power. Section III. Paragraph I. Charters Revived or Amended Subject to Constitution . The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, nor alter or amend the same, nor pass any other general or special law, for the benefit of said corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution; and every amendment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provision of this Constitution. Charters revived or amended subject to Constitution.

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Section IV. Paragraph I. Contracts to Defeat Competition . All contracts and agreements which may have the effect, or be intended to have the effect, to defeat or lessen competition, or to encourage monopoly, shall be illegal and void. The General Assembly of this State shall have no power to authorize any such contract or agreement. Contracts lessening competition or encouraging monopoly. Paragraph II. General Assembly to Enforce Article . The General Assembly shall enforce the provisions of this Article by appropriate legislation. General Assembly to enforce Article. Paragraph III. Public Service Commission as Constitutional Officers . 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 selected by the members of the Commission from its membership. 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 until December 31st after the general election at which the successor of each member is elected. Thereafter all succeeding terms of members shall be for six years. The qualifications, compensations, filling of vacancies, manner and time of election, power 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. Section V. Paragraph I. Wife's Separate Estate . All property of the wife at the time of her marriage, and all property given to, inherited or acquired by her, shall remain her separate property, and not be liable for the debts of her husband. Wife's separate estate.

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Section VI. Paragraph I. Nonresident Insurance Companies . All life insurance companies now doing business in this State, or which may desire to establish agencies and do business in the State of Georgia, chartered by other States of the Union, or foreign States, shall show that they have deposited with the Comptroller General of the State in which they are chartered, or of this State, the Insurance Commissioner, or such other officer as may be authorized to receive it, not less than one hundred thousand dollars, in such securities as may be deemed by such officer equivalent to cash, subject to his order, as a guarantee fund for the security of policy-holders. Security deposit by nonresident insurance companies. Paragraph II. License by Comptroller General . When such showing is made to the Comptroller General of the State of Georgia by a proper certificate from the State official having charge of the funds so deposited, the Comptroller General of the State of Georgia is authorized to issue to the company making such showing, a license to do business in the State, upon paying the fees required by law. License by Comptroller General. Paragraph III. Resident Insurance Companies; Guarantee Fund . All life insurance companies chartered by the State of Georgia, or which may hereafter be chartered by the State, shall, before doing business, deposit with the Comptroller General of the State of Georgia, or with some strong corporation, which may be approved by said Comptroller General, one hundred thousand dollars, in such securities as may be deemed by him equivalent to cash, to be subject to his order, as a guarantee fund for the security of the policy-holders of the company making such deposit, all interest and dividends from such securities to be paid, when due, to the company so depositing. Any such securities as may be needed or desired by the company may be taken from said department at any time by replacing them with other securities equally acceptable to the Comptroller General, whose certificate for the same shall be furnished to the company. Security deposit by resident insurance companies. Paragraph IV. General Assembly to Enact Laws for

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People's Protection, etc. The General Assembly shall, from time to time enact laws to compel all fire insurance companies, doing business in this State, whether chartered by this State, or otherwise, to deposit reasonable securities with the Treasurer of this State, to secure the people against loss by the operations of said companies. Fire insurance companies' security deposits. Paragraph V. Reports by Insurance Companies . The General Assembly shall compel all insurance companies in this State, or doing business therein, under proper penalties, to make annual reports to the Comptroller General, and print the same at their own expense, for the information and protection of the people. Insurance companies' annual reports. Article V . Executive Department . Section I. Paragraph I. Governor; Term of Office; Salary, etc. The executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. The Governor serving at the time of the adoption of this constitution and future Governors shall not be eligible to succeed themselves and shall not be eligible to hold the office until after the expiration of four years from the conclusion of his term of office. He shall have a salary of seven thousand five hundred dollars per annum until January 1, 1947. The salary of the Governor for each year thereafter shall be twelve thousand dollars per annum until otherwise provided by a law passed by a majority vote of both branches of the General Assembly, which shall not be increased or diminished during the period for which he shall have been elected; nor shall he receive, within that time, any other emolument from the United States, or either of them, or from any foreign power. The State officers, required by this Constitution to be elected at the same time, for the same term, and in the same manner as the Governor shall also hold office for four years. Governor. Terms of certain other officers.

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Paragraph II. Election for Governor . The first election for Governor, under this Constitution, shall be held on Tuesday after the first Monday in November of 1946, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election shall take place quadrennially thereafter, on said date, until another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same. Elections for Governor. Paragraph III. Returns of Elections . The returns for every election of Governor shall be sealed up by the managers, separately from other returns, and directed to the President of the Senate and Speaker of the House of Representatives, and transmitted to the Secretary of State, who shall, without opening said returns, cause the same to be laid before the Senate on the day after the two houses shall have been organized, and they shall be transmitted by the Senate to the House of Representatives. Returns for Governor's election. Paragraph IV. How Returns Published . The members of each branch of the General Assembly shall convene in the Representative Hall, and the President of the Senate and Speaker of the House of Representatives shall open and publish the returns in the presence and under the direction of the General Assembly; and the person having the majority of the whole number of votes, shall be declared duly elected Governor of this State; but, if no person shall have such majority, then from the two persons having the highest number of votes, who shall be in life, and shall not decline an election at the time appointed for the General Assembly to elect, the General Assembly shall immediately, elect a Governor viva voce; and in all cases of election of a Governor by the General Assembly, a majority of the members present shall be necessary to a choice. Publication of returns. Majority votes elect. Election of Governor by General Assembly. Paragraph V. Contested Elections . Contested elections shall be determined by both houses of the General Assembly in such manner as shall be prescribed by law. Contested elections.

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Paragraph VI. Qualifications of Governor . No person shall be eligible to the office of Governor, who shall not have been a citizen of the United States fifteen years, and a citizen of the State six years, and who shall not have attained the age of thirty years. Qualifications of Governor. Paragraph VII. Lieutenant Governor. Succession to Executive Power . There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. He shall be President of the Senate, and shall receive the sum of $2,000.00 per annum. In case of the death, resignation, or disability of the Governor, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general election for members of the General Assembly, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, or disability shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. If the Lieutenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected for the unexpired term, and his successor for the unexpired term shall be elected at such election. In case of the death, resignation, or disability of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power. A Lieutenant Governor shall be elected at the general election in 1946 and shall qualify at the same time as the Governor. Until the qualification of a Lieutenant Governor the provisions of Article V, Section I, Paragraph VIII of the Constitution of Georgia of 1877 shall remain of full force and effect. Lieutenant Governor. Speaker of House as Chief Executive.

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Paragraph VIII. Unexpired Terms, Filling of . The General Assembly shall have power to provide by law, for filling unexpired terms by special elections, except as provided in this Constitution. Special elections for unexpired terms. Paragraph IX. Oath of Office . The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United States of America. Governor's oath of office. Paragraph X. Commander-in-Chief . The Governor shall be commander-in-chief of the army and navy of this State, and of the militia thereof. Commander-in-Chief. Paragraph XI. Reprieves and Pardons; State Board of Pardons and Paroles . 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 thereof, 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.

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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 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 offense against the State, after conviction except in cases of treason or impeachment, 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 instance 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

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the General Assembly. The General Assembly may enact laws in aid of, but not inconsistent with, this amendment. Reprieves and pardons. Convictions for treason. Governor's report to General Assembly. Governor's other duties. State Board of Pardons and Paroles. Paragraph XII. Writs of Election; Called Sessions of the General Assembly . The Governor shall issue writs of election to fill all vacancies that may happen in the Senate and the House of Representatives, and shall give the General Assembly, from time to time, information of the State of the Commonwealth, and recommend to their consideration such measures as he may deem necessary or expedient. The Governor shall have power to convoke the General Assembly on extraordinary occasions, but no law shall be enacted at called sessions of the General Assembly, except such as shall relate to the object stated in his proclamation convening them; Providing that such called sessions of the General Assembly shall not exceed 70 days in length, unless at the expiration of said period there shall be pending an impeachment trial of some officer of the State Government in which event the General Assembly will be authorized to remain in session until such trial shall have been completed. Vacancies in Senate and House. Governor's powers and duties. Extraordinary sessions of General Assembly. Provided, however, that when three-fifths of the members elected to the House of Representatives and three-fifths of the members elected to the Senate shall have certified to the Governor of the State of Georgia that in their opinion an emergency exists in the affairs of the State of Georgia, it shall thereupon be the duty of said Governor and mandatory upon him, within five days from the receipt of such certificate or certificates, to convene said General Assembly in extraordinary session for all purposes; and in the event said Governor shall, within said time, Sundays excluded, fail or refuse to convene said General Assembly as aforesaid, then and in that event said General Assembly may convene itself in extraordinary session, as if convened in regular session, for all purposes, provided that such extraordinary, self convened session shall be limited to a period of 30 days, unless at the expiration of said period, there shall be pending an impeachment trial of some officer of the State Government,

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in which event the General Assembly shall be authorized to remain in session until such trial shall have been completed. The members of the General Assembly shall receive the same per diem and mileage during such extraordinary session as is now or may be hereafter provided. Paragraph XIII. Filling Vacancies . When any office shall become vacant, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided by law; and persons so appointed shall continue in office until a successor is commissioned, agreeably to the mode pointed out by this Constitution, or by law in pursuance thereof. Filling vacancies. Paragraph XIV. Appointments Rejected . A person once rejected by the Senate, shall not be reappointed by the Governor to the same office during the same session, or the recess thereafter. Rejected appointments. Paragraph XV. Governor's Veto . The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, but two-thirds of each house may pass a law notwithstanding his dissent; and if any bill should not be returned by the Governor within five days (Sunday excepted) after it has been presented to him, the same shall be a law; unless the General Assembly, by their adjournment, shall prevent its return. He may approve any appropriation, and disapprove any other appropriation, in the same bill, and the latter shall not be effectual, unless passed by two-thirds of each House. Governor's revision. Paragraph XVI. Governor to Approve Resolutions, etc. Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of election or adjournment, shall be presented to the Governor, and before it shall take effect be approved by him, or, being disapproved, shall be repassed by two-thirds of each house, provided, however, that nothing contained in this Article shall be construed to confer on the

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Governor the right to veto or enter his disapproval of any proposal made by the General Assembly to amend this Constitution. Governor to approve resolutions, etc. Paragraph XVII. Information from Officers and Employees; Suspension of Officers . The Governor may require information in writing from Constitutional officers, department heads, and all State employees, on any subject relating to the duties of their respective offices or employment. The General Assembly shall have authority to provide by law for the suspension of any Constitutional officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of the same. Information from officers and employees. Suspension of officers. Section II. Other Executive Officers . Paragraph I. Executive Officers, How Elected . The Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor shall be elected by the persons qualified to vote for members of the General Assembly at the same time, and in the same manner as the Governor. The provisions of the Constitution as to the transmission of the returns of the election, counting the votes, declaring the results, deciding when there is no election, and when there is a contested election, applicable to the election of Governor, shall apply to the election of the above named executive officers; they shall be commissioned by the Governor and hold their offices for the same time as the Governor. Executive officers, how elected. Paragraph II. Duties, Authority, and Salaries of Other Executive Officers . The General Assembly shall have power to prescribe the duties, authority, and salaries of the executive officers, and to provide help and expenses necessary for the operation of the department of each. Duties, authority, and salaries of executive officers. Paragraph III. Profit from Use of Public Money . No State official shall be allowed, directly or indirectly, to receive any fee, interest, or reward from any person,

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bank, or corporation, for the deposit, or use, in any manner, of the public funds, and the General Assembly shall enforce this provision by suitable penalties. Profit from use of public money prohibited. Paragraph IV. Qualifications . No person shall be eligible to the office of the Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor, unless he shall have been a citizen of the United States for ten years, and shall have resided in this State for six years next preceding his election, and shall be twenty-five years of age when elected. All of said officers shall give bond and security, under regulation to be prescribed by law, for the faithful discharge of their duties. Qualifications of executive officers. Bonds. Paragraph V. Fees and Perquisites Denied . No State official named in Paragraph I of this Section shall be allowed any fee, perquisite or compensation other than their salaries as prescribed by law, except their necessary expenses when absent from the seat of government on business for the State. Fees and perquisites prohibited. Section III. Paragraph I. Great Seal; What Constitutes; Custody; When Affixed to Instruments . The great seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and that now in use shall be the great seal of the State until otherwise provided by law. Great seal. Section IV. Paragraph I. Game and Fish Commission . 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,

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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. 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 V. State Board of Corrections . Paragraph I. State Board of Corrections; How Composed; Director . There shall be a State Board of Corrections composed of five members in charge of the State penal system. The Board shall have such jurisdiction, powers, duties and control of the state penal system and the inmates thereof as shall be provided by law. The Board shall elect a Director of Corrections who shall be the executive officer of the Board. The Board of Corrections shall be appointed by the Governor with the consent of the Senate. The first appointment shall be for terms of one, two, three, four and five years and their successors shall be appointed for terms of five years each. The compensation of the Director and members of the Board shall be fixed by law. State Board of Corrections. Section VI. State Department of Veterans Service . Paragraph I. Veterans Service Board; How Composed; Director . There shall be a State Department of Veterans Service and Veterans Service Board composed of seven members, who shall have such control, duties, powers and jurisdiction of the State Department of Veterans Service as shall be provided by law. Said Board shall appoint a

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director who shall be the executive officer of the Department. Members of the Board shall be appointed by the Governor with the advice and consent of the Senate and all members of the Board and the Director shall be veterans of some war in which the United States has engaged. State Department of Veterans Service; Veterans Service Board. The first appointments shall be for terms of one, two, three, four, five, six and seven years. Thereafter all terms and appointments, except in case of vacancy, shall be for seven years. Vacancies shall be filled by appointment of the Governor. Article VI . Judiciary . Section I. Paragraph I. Courts Enumerated . The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Courts of Ordinary, Justices of the Peace, Notaries Public who are ex-officio Justices of the Peace, and such other Courts as have been or may be established by law. Courts enumerated Section II. Paragraph I. Supreme Court Justices; Quorum . The Supreme Court shall consist of seven associate justices, who shall from time to time as they may deem proper, elect one of their members as Chief Justice, and one as Presiding Justice; the office of Chief Justice as it has heretofore existed under this Constitution being hereby converted into the office of an associate justice, with the same right of incumbency and the same succession as to terms, as applied to the former office. The Chief Justice so elected by the other Justices shall be the chief presiding and administrative officer of the court, and the Presiding Justice, elected in like manner, shall perform all the duties devolving upon the Chief Justice, when he is absent or disqualified. A majority of the court shall constitute a quorum. Supreme Court.

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Paragraph II. Court to Designate Judges to Preside, When; Means for Supreme Court to Prevent Delay in Congested Dockets . When one or more of the Justices of the Supreme Court are disqualified from deciding any case by interest or otherwise, the qualified Justices shall designate a judge or judges of the Superior Courts to preside in said case, provided, that if all the justices are disqualified, they or a majority of them shall, despite their disqualification, select seven judges of the Superior Court to preside in the cause, but they shall make such selections by lot and in open court from not less than twelve names of such Superior Court judges. Designation of judges to preside for disqualified Justices. Paragraph III. Terms of Office . The Justices aforesaid shall hold their offices for six years, and until their successors are qualified. They shall be elected by the people at the same time and in the same manner as members of the General Assembly; provided, that the successors to the two incumbents whose terms will expire on December 31, 1946, shall be elected for the succeeding terms at the time of electing members of the General Assembly during that year; successors to the two incumbents whose terms will expire on December 31, 1948, shall be elected in like manner during that year; successors to the two incumbents whose terms will expire on December 31, 1950, shall be elected in like manner during that year and provided further that an additional or seventh Justice shall be immediately appointed by the Governor, his tenure under such appointment to expire on December 31, 1946, and his successor for the ensuing regular term of six years to be elected at the time and in the manner aforesaid at such general election to be held during that year; and all terms (except unexpired terms) shall be for six years. In case of any vacancy which causes an unexpired term, the same shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until the next regular election, and until his successor for the balance of the unexpired term shall have been elected and qualified. The returns of such elections shall

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be made to the Secretary of State, who shall certify the result to the Governor, and commission shall issue accordingly. Terms of office; elections; vacancies. Paragraph IV. Jurisdiction of Supreme Court . The Supreme Court shall have no original jurisdiction but shall be a court alone for the trial and correction of errors of law from the superior courts and the city courts of Atlanta and Savannah, as existed on August 16, 1916, and such other like courts as have been or may hereafter be established in other cities, in all cases that involve the construction of the Constitution of the State of Georgia or of the United States, or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question; and, until otherwise provided by law, in all cases respecting title to land; in all equity cases; in all cases which involve the validity of, or the construction of wills; in all cases of conviction of a capital felony; in all habeas corpus cases; in all cases involving extraordinary remedies; in all divorce and alimony cases, and in all cases certified to it by the Court of Appeals for its determination. It shall also be competent for the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried by writ of error to the Supreme Court. Any case carried to the Supreme Court or to the Court of Appeals, which belongs to the class of which the other court has jurisdiction, shall, until otherwise provided by law, be transferred to the other court under such rules as the Supreme Court may prescribe, and the cases so transferred shall be heard and determined by the court which has jurisdiction thereof. The General Assembly may provide for carrying cases or certain classes of cases to the Supreme Court and the Court of Appeals from the trial courts otherwise than by writ of error, and may prescribe conditions as to the right of a party litigant to have his case reviewed by the Supreme Court or Court of Appeals. The Supreme Court shall also have jurisdiction of and shall decide cases

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transferred to it by the Court of Appeals because of an equal division between the Judges of that Court when sitting as a body for the determination of cases. Jurisdiction of Supreme Court. Paragraph V. Cases, How Disposed of . The Supreme Court and the Court of Appeals shall dispose of every case at the term for which it is entered on the court's docket for hearing, as provided by Paragraph VIII 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 for 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 resulting therefrom. When cases to be disposed of. Dismissals for delay in transmitting record. Paragraph VI. Judgments May Be Withheld . In any case the Court may in its discretion withhold its judgment until the next term after the same is argued. Withholding judgments. Paragraph VII. The Supreme Court; How Cases to Be Heard and Determined . The Supreme Court shall have power to hear and determine cases when sitting in a body, under such regulations as may be prescribed by it. Court as a body. Paragraph VIII. Court of Appeals . The Court of Appeals shall consist of the Judges provided therefor by law at the time of the ratification of this amendment, and of such additional Judges as the General Assembly shall from time to time prescribe. All terms of the Judges of the Court of Appeals after the expiration of the terms of the Judges provided for by law at the time of the ratification of this amendment, except unexpired terms, shall continue six years, and until their successors are qualified. The times and manner of electing Judges, and the mode of filling a vacancy which causes an unexpired

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term, shall be the same as are or may be provided for by the laws relating to the election and appointment of Justices of the Supreme Court. The Court of Appeals shall have jurisdiction for the trial and correction of errors of law from the superior courts and from the City Courts of Atlanta and Savannah, as they existed on August 19, 1916, and such other like courts as have been or may hereafter be established in other cities, in all cases in which such jurisdiction has not been conferred by this Constitution upon the Supreme Court, and in such other cases as may hereafter be prescribed by law; except that where a case is pending in the Court of Appeals and the Court of Appeals desires instruction from the Supreme Court, it may certify the same to the Supreme Court, and thereupon a transcript of the record shall be transmitted to the Supreme Court, which, after having afforded to the parties an opportunity to be heard thereon, shall instruct the Court of Appeals on the question so certified, and the Court of Appeals shall be bound by the instruction so given. But if by reason of equal division of opinion among the Justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the question. The manner of certifying questions to the Supreme Court by the Court of Appeals, and the subsequent proceedings in regard to the same in the Supreme Court, shall be as the Supreme Court shall by its rules prescribe, until otherwise provided by law. No affirmance of the judgment of the court below in cases pending in the Court of Appeals shall result from delay in disposing of questions or cases certified from the Court of Appeals to the Supreme Court, or as to which such certificate has been required by the Supreme Court as hereinbefore provided. All writs of error in the Supreme Court or the Court of Appeals, when received by its clerk during a term of the Court and before the docket of the term is by order of the Court closed, shall be entered thereon, and when received at any other time, shall be entered on the docket of the next term; and they shall stand for hearing at the term for which they are so entered, under such rules as the Court may prescribe, until otherwise provided by law.

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The Court of Appeals shall appoint a clerk and a sheriff of the court. The reporter of the Supreme Court shall be reporter of the Court of Appeals until otherwise provided by law. The laws relating to the Supreme Court as to qualifications and salaries of Judges, the designation of other Judges to preside when members of the Court are disqualified, the powers, duties, salaries, fees and terms of officers, the mode of carrying cases to the Court, the powers, practice, procedure, times of sitting, and costs of the Court, the publication of reports of cases decided therein, and in all other respects, except as otherwise provided in this Constitution or by the laws as to the Court of Appeals at the time of the ratification of this amendment, and until otherwise provided by law, shall apply to the Court of Appeals so far as they can be made to apply. The decisions of the Supreme Court shall bind the Court of Appeals as precedents. The Court of Appeals shall have power to hear and determine cases when sitting in a body, except as may be otherwise provided by the General Assembly. In the event of an equal division of Judges on any case when the Court is sitting as a body, the case shall be immediately transferred to the Supreme Court. Court of Appeals. Terms of judges; elections; vacancies. Jurisdiction. Certified questions. Docketing of cases in Supreme Court and Court of Appeals. Clerk; Sheriff; Reporter. Supreme Court laws apply to Court of Appeals. Supreme Court decisions binding. Court as a body. Section III. Superior Courts . Paragraph I. Terms, etc., of Superior Court Judges . There shall be a judge of the Superior Courts for each judicial circuit, whose term of office shall be for four years, and until his successor is qualified. He may act in other circuits when authorized by law. The legislature shall have authority to add one or more additional judges of the superior court for any judicial circuit in this State, and shall have authority to regulate the manner in which the judges of such circuits shall dispose of the business thereof, and shall fix the time at which the term or terms of office of such additional judge or judges shall begin, and the manner of his appointment or election, and shall have authority from time to time to add to the number of such judges in any judicial circuit; or to reduce

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the number of judges in any judicial circuit; provided that at all times there shall be at least one judge in every judicial circuit of this State. Superior court judges. Paragraph II. Elections, When to Be Held . The successors to the present and subsequent incumbents shall be elected by the electors of the whole State entitled to vote for members of the General Assembly, at the general election held for such members, next preceding the expiration of their respective terms. Elections. Paragraph III. Terms Begin, When . The terms of the judges to be elected under the Constitution, except to fill vacancies, shall begin on the first day of January after their elections. Every vacancy occasioned by death, resignation, or other causes shall be filled by appointments of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. Terms of office. Vacancy. Section IV. Paragraph I. Exclusive Jurisdiction . The Superior Courts shall have exclusive jurisdiction in cases of divorce; in criminal cases where the offender is subjected to loss of life, or confinement in the penitentiary, in cases respecting titles to land, and equity cases. Exclusive jurisdiction. Paragraph II. Equity May Be Merged in Common Law Courts . The General Assembly may confer upon the Courts of common law all the powers heretofore exercised by courts of equity in this State. Merger of courts of law and of equity authorized. Paragraph III. General Jurisdiction . Said courts shall have jurisdiction in all civil cases, except as hereinafter provided. General jurisdiction. Paragraph IV. Appellate Jurisdiction . They shall have appellate jurisdiction in all such cases as may be provided by law. Appellate jurisdiction. Paragraph V. Certiorari, Mandamus, etc. They shall have power to correct errors in inferior judicatories by

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writ of certiorari, which shall only issue on the sanction of the Judge, and said courts, and the judges thereof shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and shall have such other powers as are, or may be conferred on them by law. Certiorari, mandamus, prohibition, and other writs. Paragraph VI. New Trials . The Superior, and City Courts may grant new trials on legal grounds. New trials. Paragraph VII. Judgment of the Court . The Court shall render judgment without the verdict of a jury in all civil cases, except actions ex delicto, where no issuable defense is filed except as otherwise provided in this Constitution, and subject to the right of trial by a jury on written demand of either party. Judgment without verdict. Paragraph VIII. Sessions . The Superior courts shall sit in each county not less than twice in each year, at such times as have been, or may be appointed by law. The judges of said courts may, on reasonable notice to the parties, at any time, in vacation, at chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required, or may be waived. Sessions. Judgment when verdict not required. Paragraph IX. Presiding Judge Disqualified . The General Assembly may provide by law for the appointment of some proper person to preside in cases where the presiding judge is from any cause disqualified. Judge disqualified. Section V. Paragraph I. Judges of Superior and City Courts May Alternate, When . In any county within which there is, or hereafter may be a city Court the Judge of said court and of the Superior Court may preside in the courts of each other in cases where the judge of either court is disqualified to preside. When superior and city court judges may preside for each other. Section VI. Paragraph I. Appeals From Ordinary . The powers of a Court of Ordinary and of Probate shall be vested in

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an Ordinary for each county, from whose decision there may be an appeal, or by consent of parties, without a decision to the Superior Court under regulations prescribed by law. Court of ordinary. Appeals. Paragraph II. Powers . The courts of ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters as may be conferred on them by law. Ordinaries' powers as to county matters. The court of ordinary shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws, and in all cases arising under the Compulsory School Attendance law in all counties of this State in which there is no city or county court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges for offense arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws of the State within their respective jurisdiction. Jurisdiction of courts of ordinary. Paragraph III. Term of Office . The Ordinary shall hold his office for the term of four years and until his successor is elected and qualified. Term of office. Section VII. Justices of the Peace . Paragraph I. Number and Term of Office . 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 for four years: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace 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

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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 I of Section IX of Article VI 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 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 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 civil court of Fulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, or supplemental to,

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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 I of Section IX of Article VI of the Constitution of Georgia. Justices of the peace. Abolition in certain cities. Courts in lieu of justice courts in certain cities. Abolition of justice courts in certain counties. Courts in lieu of justice courts in certain counties. Civil Court of Fulton County. Paragraph II. Jurisdiction . Justices of the Peace shall have jurisdiction in all civil cases arising ex-contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulation as may be prescribed by law. Jurisdiction of justices of the peace. Sessions. Paragraph III. Elections and Commissions . Justices of the peace shall be elected by the legal voters in their respective districts, and shall be commissioned by the Governor. They shall be removable on conviction for malpractice in office. Elections and commissions. Removal. Section VIII. Notaries Public . Paragraph I. Appointment; Number; Term; Removal . Commissioned notaries public, not to exceed one for each militia district, may be appointed by the judges of the superior courts in their respective circuits, upon recommendation of the grand juries of the several counties. They shall be commissioned by the Governor for the term of four years and shall be ex-officio justices of the peace, and shall be removable on conviction for malpractice in office. Notaries public ex-officio justices of the peace. Section IX. Uniformity of Courts . Paragraph I. Uniformity Provided For . Except as otherwise provided in this Constitution, the jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers (except City Courts) of the same grade or class, so far as regulated by law, and

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the force and effect of the process, judgment and decree, by such courts, severally, shall be uniform. The uniformity must be established by the General Assembly, and in case of City Courts, may be established by the General Assembly. Uniformity of courts. Section X. Attorney General . Paragraph I. Election; Term of Office . There shall be an Attorney General of this State, who shall be elected by the people at the same time, for the same term and in the same manner as the Governor. Attorney General. Paragraph II. Duties . It shall be the duty of the Attorney General to act as the legal adviser of the Executive Department, to represent the State in the Supreme Court in all capital felonies; and in all civil and criminal cases in any court when required by the Governor and to perform such other services as shall be required of him by law. Duties. Section XI. Solicitors General . Paragraph I. Number; Term of Office; Vacancies . There shall be a solicitor general for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of the whole State, qualified to vote for members of the General Assembly, at the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor, until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. Solicitors General; term; election; vacancy. Paragraph II. Duties . It shall be the duty of the Solicitor General to represent the State in all cases in the

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Superior Courts of his Circuit and in all cases taken up from the superior courts of his circuit to the Supreme Court, and Court of Appeals and to perform such other services as shall be required of him by law. Duties. Section XII. Salaries of Justices, Judges and Solicitors General . Paragraph I. Salaries of Justices, Judges and Solicitors General . The Justices of the Supreme Court each shall have out of the treasury of the State salaries of $8,000 per annum; the Judges of the Court of Appeals each shall have out of the treasury of the State salaries of $8,000 per annum, the Judges of the Superior Courts each shall have out of the treasury of the State salaries of $6,000 per annum and the Solicitors General shall each have out of the treasury of the State a salary of $250.00 per annum with the right of the General Assembly to authorize any county to supplement the salary of a judge of the Superior Court and Solicitor General of the Judicial Circuit in which such county lies, out of county funds, provided, however, where such salary is, at the time of the adoption of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly. Provided further, that the Board of County Commissioners of Richmond County, or the Ordinary, or such other board or person as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said County's treasury, the salary of the judge of Superior Court of the circuit of which the said County of Richmond is a part, by the sum of Two Thousand ($2,000) Dollars per annum, which shall be in addition to the amount received by said judge out of the State treasury; and such payments are declared to be a part of the court expenses of said county, and such payment shall be made to the judge now in office during his present or subsequent terms, as well as to his successors, with the authority in the General Assembly to increase such salary from the County treasury as above provided. Salaries of Justices, Judges, and Solicitors General.

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Paragraph II. Powers to Abolish or Reinstate Fees of Solicitor General . The General Assembly shall have power, at any time, by a majority vote of each branch, to abolish the fees at present accruing to the office of solicitor general in any particular judicial circuit, and in lieu thereof to prescribe a salary for such office, without regard to the uniformity of such salaries in the various circuits; and shall have the further power to determine what disposition shall be made of the fines, forfeitures and fees accruing to the office of solicitor general in any such judicial circuit where the fees are abolished; and likewise shall have the further power, if it so desires, to abolish such salary and reestablish such fees; but in either event, when so changed, the change shall not become effective until the end of the term to which the solicitor general was elected. Fees and salaries of Solicitors General. Section XIII. Qualifications of Justices, Judges, Etc. Paragraph I. Age; Citizenship; Practice of Law . No person shall be Justice of the Supreme Court, Court of Appeals, Judge of Superior Courts, or Attorney General, unless, at the time of his election, he shall have attained the age of thirty years, and shall have been a citizen of the State three years, and have practiced law for seven years; and no person shall be hereafter elected Solicitor General, unless at the time of his election he shall have attained twenty-five years of age, shall have been a citizen of the State for three years, and shall have practiced law for three years next preceding his election. Qualifications of Justices, Judges, Attorney General and Solicitors General. Section XIV. Venue . Paragraph I. Divorce Cases . 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

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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. Venue of divorce cases. Paragraph II. Land Titles . Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the Superior Court of either county shall have jurisdiction. Land titles. Paragraph III. Equity Cases . Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed. Equity cases. Paragraph IV. Suits Against Joint Obligors, Co-Partners, etc. Suits against joint obligors, joint promissors, co-partners, or joint trespassers, residing in different counties, may be tried in either county. Joint obligors, etc. Paragraph V. Suits Against Maker, Endorser, etc. Suits against the maker and endorser of promissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides. Maker and endorser, etc. Paragraph VI. All Other Cases . All other civil cases shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the Judge is satisfied that an impartial jury cannot be obtained in such county. Other cases. Section XV. Change of Venue . Paragraph I. Power to Change Venue . The power to change the venue in civil and criminal cases shall be vested in the Superior Courts to be exercised in such manner as has been, or shall be, provided by law. Change of venue.

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Section XVI. Jury Trials . Paragraph I. Right of Trial By Jury . The right of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial, or traverse jury, except in the superior court. Right to jury trial. Paragraph II. Selection of Jurors . The General Assembly shall provide by law for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and intelligent and upright men to serve as traverse jurors. Nevertheless, the grand jurors shall be competent to serve as traverse jurors. The General Assembly shall have the power to require jury service of women also, under such regulations as the General Assembly may prescribe. Selection of jurors. Paragraph III. Compensation of Jurors . It shall be the duty of the General Assembly by general laws to prescribe the manner of fixing compensation of jurors in all counties in this State. Jurors' compensation. Section XVII. County Commissioners . Paragraph I. Power to Create County Commissioners . The General Assembly shall have power to provide for the creation of county commissioners in such counties as may require them, and to define their duties. County commissioners. Section XVIII. What Courts May Be Abolished . Paragraph I. Power to Abolish Courts . All courts not specially mentioned by name in the first section of this Article may be abolished in any county at the discretion of the General Assembly. Abolition of courts. Paragraph II. Supreme Court Costs. Pauper Oath . The cost in the Supreme Court and Court of Appeals shall

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not exceed $15.00 until otherwise provided by law. Plaintiffs in error shall not be required to pay costs in said courts when the usual pauper oath is filed in the court below. Supreme Court and Court of Appeals costs. Pauper oath. Article VII . Finance, Taxation and Public Debt . Section I. Power of Taxation . Paragraph I. Taxation, A Sovereign Right . The right of taxation is a sovereign rightinalienable, indestructibleis the life of the State, and rightfully belongs to the people in all Republican governments, and neither the General Assembly, nor any, nor all other departments of the Government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts, whatsoever, by said government, or any department thereof, to affect any of these purposes, shall be, and are hereby, declared to be null and void, for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant or contract, whatsoever, by the General Assembly. Right of taxation inalienable. The power to tax corporations and corporate property, shall not be surrendered or suspended by any contract, or grant to which the State shall be a party. Paragraph II. Taxing Power Limited . 1. The General Assembly shall not by vote, resolution or order, grant any donation or gratuity in favor of any person, corporation or association. Gratuities prohibited. 2. The General Assembly shall not grant or authorize, extra compensation to any public officer, agent or contractor after the service has been rendered or the contract entered into. Extra compensation prohibited. 3. The levy of taxes on property for any one year by

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the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed five (5) mills on each dollar of the value of the property taxable in the State. Limitation of tax rate. 4. No poll tax shall be levied to exceed one dollar annually upon each poll. Poll tax. Paragraph III. Uniformity; Classification of Property . All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify property including money for taxation, and to adopt different rates and different methods for different classes of such property. General laws for public purposes only. Uniformity. Classification of property. Paragraph IV. Exemptions From Taxation . The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of, religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used as a college, incorporated academy or other seminary of learning, 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 exemptions shall only apply 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,

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used by or connected with such library; all books and philosophical apparatus and all 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 property so exempted be not used for the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institution; this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property. The General Assembly shall further have power 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. Exemptions. All personal clothing, household and kitchen furniture, personal property used and included within the home, domestic animals and tools, and implements of trade of manual laborers, but not including motor vehicles, are exempted from all State, County, Municipal and School District ad valorem taxes, in an amount not to exceed $300.00 in actual value. The Homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2000.00 of its value, is hereby exempted from all ad valorem taxation for State, county and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a

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farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $1250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities. All cooperative, non-profit, membership corporations organized under the laws of this State for the purpose of engaging in rural electrification, as defined in subsection I of Section 3 of the Act approved March 30, 1937, providing for their incorporation, and all of the real and personal property owned or held by such corporations for such purpose, are hereby exempted from all taxation, state, county, municipal, school district and political or territorial subdivisions of the State having the authority to levy taxes. The exemption herein provided for shall expire December 31, 1961. There shall be exempt from all ad valorem intangible 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 held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary. All laws exempting property from taxation, other than the property herein enumerated, shall be void. Paragraph V. Exemptions of Certain Industries Continued . Existing exemptions under the amendment to the Constitution providing for the exemption of certain industries from taxation appearing in Acts of the General Assembly of 1923, extra session, page 67, ratified November

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4, 1924, shall continue of force until the expiration of the term for which granted. Exemptions of certain industries continued. Section II. Purposes and Method of Taxation . Paragraph I. Taxation, How and for What Purposes Exercised . The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only: Purposes of taxation. 1. For the support of the State Government and the public institutions. 2. For educational purposes. 3. To pay the principal and the interest on the public debt, and to provide a sinking fund therefor. 4. To suppress insurrection, to repel invasion, and defend the State in time of war. 5. To make provision for the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who were married to such soldiers prior to January 1, 1920, and who are unmarried. 6. To construct and maintain State buildings and a system of State highways, airports, and docks. 7. To make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits; provided that no person shall be entitled to the assistance herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder: Provided no indebtedness against the State shall 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 for such purposes.

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8. To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia. 9. For public health purposes. Paragraph II. Teacher Retirement SystemTaxation For . 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. Teacher retirement system. Paragraph III. Revenue to Be Paid Into General Fund . All money collected from taxes, fees and assessments for State purposes, as authorized by revenue measures enacted by the General Assembly, shall be paid into the General Fund of the State Treasury and shall be appropriated therefrom, as required by this Constitution, for the purposes set out in this Section and for these purposes only. Revenue to be paid into General Fund of State Treasury. Paragraph IV. Tax Returns of Public Utilities . The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes, of public utilities, but not at a greater basis of value or at a higher rate of taxation than other properties. Tax returns of public utilities. Section III. State Debt . Paragraph I. Purposes for Which Contracted . No debt shall be contracted by, or on behalf of, the State, except to supply such temporary deficit as may exist in the treasury in any year for necessary delay in collecting the taxes of that year, to repel invasion, suppress insurrection and defend the State in time of war, or to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate,

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five hundred thousand dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan is made. However, said debt may be increased in the sum of three million, five hundred thousand dollars for the payment of the public school teachers of the State only. The principal amount borrowed for payment of teachers shall be repaid each year out of the common school appropriation, and the interest paid thereon shall be paid each year out of the general funds of the State. State debt. Paragraph II. Bonded Debt Increased, When . The bonded debt of the State shall never be increased, except to repel invasion, suppress insurrection or defend the State in time of war. Bonded debt. Paragraph III. Form of Laws to Borrow Money . All laws authorizing the borrowing of money by or on behalf of the State shall specify the purpose for which the money is to be used and the money so obtained shall be used for the purpose specified and for no other. Borrowing money. Use of borrowed money. Paragraph IV. State Aid Forbidden . The credit of the State shall not be pledged or loaned to any individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with, any individual, company, association or corporation. Pledge of State's credit prohibited. Paragraph V. Assumption of Debts Forbidden . The State shall not assume the debt, nor any part thereof, of any county, municipal corporation or political subdivision of the State, unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of war: Provided, however, that the amendment to the Constitution proposed by the General Assembly and set forth in the published Acts of the General Assembly of the year 1931 at page 97, which amendment was ratified on November 8, 1932, and which amendment provided for the assumption by the State, of indebtedness of the several counties of the State, as well as that of the Coastal Highway District, and the assessments made against the counties of said district for the construction and paving of the public roads or highways,

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including bridges, of the State, under certain conditions and for the issuance of certificates of indebtedness for such indebtedness so assumed, is continued of full force and effect until such indebtedness assumed by the State is paid and such certificates of indebtedness retired. Assumption of debts forbidden. Paragraph VI. Profit on Public Money . The receiving, directly or indirectly, by any officer of State or county, or member or officer of the General Assembly of any interest, profits or perquisites, arising from the use or loan of public funds in his hands or moneys to be raised through his agency for State or county purposes, shall be deemed a felony, and punishable as may be prescribed by law, a part of which punishment shall be a disqualification from holding office. Profit on public money. Paragraph VII. Certain Bonds Not to Be Paid . The General Assembly shall have no authority to appropriate money either directly or indirectly, to pay the whole, or any part, of the principal or interest of the bonds, or other obligations which have been pronounced illegal, null and void by the General Assembly and the Constitutional amendments ratified by a vote of the people on the first day of May, 1877; nor shall the General Assembly have authority to pay any of the obligations created by the State under laws passed during the late war between the States, nor any of the bonds, notes or obligations made and entered into during the existence of said war, the time for the payment of which was fixed after the ratification of a treaty of peace between the United States and the Confederate States; nor shall the General Assembly pass any law, or the Governor or any other State official, enter into any contract or agreement whereby the State shall be made a party to any suit in any court of this State, or of the United States instituted to test the validity of any such bonds, or obligations. Certain bonds not to be paid. Paragraph VIII. Sale of State's Property to Pay Bonded Debt . The proceeds of the sale of the Western and Atlantic Railroad, and any other property owned by the State, whenever the General Assembly may authorize

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the sale of the whole or any part thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used for any other purpose whatsoever, so long as the State has any existing bonded debt; provided that the proceeds of the sale of the Western and Atlantic Railroad shall be applied to the payment of the bonds for which said railroad has been mortgaged, in preference to all other bonds. Sale of State's property to pay bonded debt. Sale of State's property to pay bonded debt. Paragraph IX. State Sinking Fund . The General Assembly shall raise by taxation each year, in addition to the sum required to pay the public expenses, such amounts as are necessary to pay the interest on the public debt and the principal of the public debt maturing in such year and to provide a sinking fund to pay off and retire the bonds of the State which have not then matured. The amount of such annual levy shall be determined after consideration of the amount then held in the sinking fund. The taxes levied for such purposes and the said sinking fund, shall be applied to no other purpose whatever. The funds in the said sinking fund may be invested in the bonds of the State, and also in bonds and securities issued by the Federal Government and subsidiaries of the Federal Government, fully guaranteed by that government. If the said bonds are not available for purchase, the funds in the sinking fund may be loaned by the Treasurer of the State, with the approval of the Governor, upon terms to be fixed by such officials and when amply secured by bonds of the State or Federal Government. State sinking fund. Section IV. Taxation By Counties . Paragraph I. Taxing Power of Counties . The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, except: Purposes of taxation by counties. 1. To pay the expenses of administration of the county government. 2. To pay the principal and interest of any debt of the county and to provide a sinking fund therefor.

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3. For educational purposes upon property located outside of independent school systems, as provided in Article VIII of this Constitution. 4. To build and repair the public buildings and bridges. 5. To pay the expenses of courts, the maintenance and support of prisoners and to pay sheriffs and coroners and for litigation. 6. To build and maintain a system of county roads. 7. For public health purposes in said county, and for the collection and preservation of records of vital statistics. 8. To pay county police. 9. To support paupers. 10. To pay county agricultural and home demonstration agents. 11. To provide for payment of old age assistance to aged persons in need, and for the payment of assistance to needy blind, and to dependent children and other welfare benefits, provided that no person shall be entitled to the assistance herein authorized who does not qualify for such assistance in every respect, in accordance with enactments of the General Assembly which may be in force and effect prescribing the qualifications for beneficiaries hereunder; provided no indebtedness or liability against the county 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 for such purposes. 12. To provide for fire protection of forest lands and for the further conservation of natural resources. 13. To provide medical or other care, and hospitalization, for the indigent sick people of the county. 14. To acquire, improve and maintain airports, public parks, and public libraries.

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15. To provide for workmen's compensation and retirement or pension funds for officers and employees. 16. To provide reasonable reserves for public improvements as may be fixed by law. Paragraph II. Districting of Counties . The General Assembly may district the territory of any county, outside the limits of incorporated municipalities, for the purpose of providing systems of waterworks, sewerage, sanitation, and fire protection; and authorize such counties to levy a tax only upon the taxable property in such district for the purpose of constructing and maintaining such improvements. Districting of counties. Section V. Paragraph I. Taxing Power and Contributions of Counties, Cities and Political Division Restricted . The General Assembly shall not authorize any county, municipal corporation or political division of this State, through taxation, contribution or otherwise, to become a stockholder in any company, corporation or association, or to appropriate money for, or to loan its credit to any corporation, company, association, institution or individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits. Political subdivisions prohibited from appropriating money or lending credit, etc. Section VI. Paragraph I. Contracts for Use of Public Facilities . (a) The State, state institutions, any city, town, municipality or county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of the State, state institutions, any city, town, municipality, county, public agency, public corporation or authority, provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake. Contracts for use of public facilities.

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(b) Any city, town, municipality or county of this State is empowered, in connection with any contracts authorized, by the preceding paragraph, to convey to any public agency, public corporation or authority now or hereafter created, existing facilities operated by such city, town, municipality or county for the benefit of residents of such subdivisions, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation or authority and provided such facilities are to be maintained and operated by such public agency, public corporation or authority for the same purposes for which such facilities were operated by such city, town, municipality or county. Nothing in this section shall restrict the pledging of revenues of such facilities by any public agency, public corporation or authority. (c) Any city, town, municipality or county of this State, or any combination of the same, may contract with any public agency, public corporation or authority for the care, maintenance and hospitalization of its indigent sick, and may as a part of such contract obligate itself to pay for the cost of acquisition, construction, modernization or repairs of necessary buildings and facilities by such public agency, public corporation or authority, and provide for the payment of such services and the cost to such public agency, public corporations or authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by such city, town, municipality or county from any taxes authorized by the Constitution of this State or revenues derived from any other sources. Section VII. Limitation on County and Municipal Debts . Paragraph I. Debts of Counties and Cities . The debt hereafter incurred by any county, municipal corporation or political division of this State except as in this Constitution provided for, shall never exceed seven per

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centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of a majority of the qualified voters of the county, municipality or other political subdivision voting in an election for that purpose to be held as prescribed by law; and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political divisions of this State to pass upon the issuance of bonds by such counties, municipal corporations and other political divisions are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations or other political divisions made prior to January 1, 1945, shall not be affected hereby; provided, that any county or municipality of this State may accept and use funds granted by the Federal Government, or any agency thereof, to aid in financing the cost of architectural, engineering, economic investigations, studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the construction of public works, and where the funds so used for the purposes specified are to be repaid within a period of ten years. Limitation on county and municipal debts. Federal funds. Paragraph II. Levy of Taxes to Pay Bonds . Any county, municipal corporation or political division of this State which shall incur any bonded indebtedness under the provisions of this Constitution, shall at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt, within thirty years from the date of the incurring of said indebtedness. Taxes to pay bonds. Paragraph III. Additional Debt Authorized When . In addition to the debt authorized in Paragraph I of this

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section, to be created by any county, municipal corporation or political subdivision of this State, a debt may be incurred by any county, municipal corporation or political subdivision of this State, in excess of seven per centum of the assessed value of all the taxable property therein, upon the following conditions: Such additional debt, whether incurred at one or more times, shall not exceed in the aggregate, three per centum of the assessed value of all the taxable property in such county, municipality or political subdivision; such additional debt shall be payable in equal installments within the five years next succeeding the issuance of the evidences of such debt; there shall be levied by the governing authorities of such county, municipality or political subdivision prior to the issuance of such additional debt, a tax upon all of the taxable property within such county, municipality or political subdivision collectible annually, sufficient to pay in full the principal and interest of such additional debt when as due; such tax shall be in addition to and separate from all other taxes levied by such taxing authorities, and the collections from such tax shall be kept separate and shall be held, used and applied solely for the payment of the principal and interest of such additional indebtedness; authority to create such additional indebtedness shall first have been authorized by the General Assembly; the creation of such additional indebtedness shall have been first authorized by a vote of the registered voters of such county, municipality or political subdivision at an election held for such purpose, pursuant to and in accordance with the provisions of this Constitution and of the then existing laws for the creation of a debt by counties, municipal corporations, and political subdivisions of this State, all of which provisions, including those for calling, advertising, holding and determining the result of, such election and the votes necessary to authorize the creation of an indebtedness, are hereby made applicable to an election held for the purpose of authorizing such additional indebtedness. Additional debt. Paragraph IV. Temporary Loans Authorized; Conditions . In addition to the obligations hereinbefore allowed, each county, municipality and political subdivision of the

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State authorized to levy taxes, is given the authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon the following conditions: The aggregate amount of all such loans of such county, municipality or political subdivision outstanding at any one time, shall not exceed seventy-five per centum of the total gross income of such county, municipality or political subdivision, from taxes collected by such county, municipality or political subdivision in the last preceding year. Each such loan shall be payable on or before December 31st of the calendar year in which such loan is made. No loan may be made in any year under the provisions of this paragraph when there is a loan then unpaid which was made in a prior year under the provisions of this paragraph. Each such loan shall be first authorized by resolution fixing the terms of such loan, adopted by a majority vote of the governing body of such county, city or political subdivision, at a meeting legally held, and such resolution shall appear upon the minutes of such meeting. No such county, municipality or subdivision shall incur in any one calendar year, an aggregate of such temporary loans and other contracts or obligations for current expenses, in excess of the total anticipated revenue of such county, municipality or subdivision for such calendar year, or issue in one calendar year notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year. Temporary loans by political subdivisions. Paragraph V. Revenue Anticipation Obligations . Revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State, to provide funds for the purchase or construction, in whole or in part, of any revenue-producing facility which such county, municipal corporation or political subdivision is authorized by the Act of the General Assembly approved March 31st, 1937, known as 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, and to buy, construct, extend, operate and maintain gas or electric generating and distribution

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systems, together with all necessary appurtenances thereof. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivisions, and shall not be deemed debts of, or to create debts against, the issuing political subdivisions within the meaning of this paragraph or any other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the purchase, 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 to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof; provided further any revenue certificates issued to buy, construct, extend, operate and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation or political subdivision affected, and provided further that a majority of the registered voters of such county, municipal corporation or political subdivision affected shall vote in said election, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision affected; and no such issuing political subdivision 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. Provided that after a favorable election has been held as set forth above, if municipalities, counties or other political subdivisions shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond the limits of the county in which the municipality

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or political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation as are privately owned and operated utilities. Paragraph VI. Refunding Bonds . The General Assembly is hereby authorized to create a commission and to vest such commission with the power to secure all necessary information and to approve or disapprove the issuance of bonds for the purpose of refunding any bonded indebtedness of any county, municipality or political subdivision of this State issued prior to the adoption of this Constitution, including the authority to approve or disapprove the amount and terms of such refunding bonds, together with such other powers as to the General Assembly may seem proper, but not in conflict with the provisions of the Constitution. Such refunding bonds shall be authorized only where such county, municipality or political subdivision has not the funds available to meet the payment of outstanding bonded indebtedness through failure to levy and collect the required taxes, or through failure to maintain the required sinking fund for such bonds. The General Assembly may approve the issuance of the said refunding bonds under the conditions stated. Such refunding bonds shall not, together with all other outstanding bonded indebtedness, exceed the limits fixed by this Constitution for the maximum amount of bonded indebtedness which may be issued by such county, municipality or political subdivision and shall be otherwise governed by all of the terms and provisions of this Constitution. No bonds shall be issued under this paragraph to refund any bonds issued after the adoption of this Constitution. Refunding bonds. Paragraph VII. Refunding Bonds to Reduce Bonded Indebtedness . The General Assembly is further authorized to give to the said Commission the power and authority to approve or disapprove the issuance of bonds to refund any outstanding bonded indebtedness of any county, municipality or political subdivision now or hereafter issued, for the purpose of reducing the amount payable, principal or interest, on such bonded indebtedness,

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and upon the condition that, the issuance of such refunding bonds will reduce the amounts payable upon such outstanding bonds, principal or interest. Such refunding bonds shall replace such outstanding bonded indebtedness. The said Commission shall have the authority to approve or disapprove the terms of any such proposed refunding bonds. The General Assembly may authorize the issuance of such refunding bonds issued for the said purpose, when approved by the said Commission and authorized by the governing authority of such county, municipality or subdivision, without an election by the qualified voters as otherwise required, but in all other respects such refunding bonds shall comply with the provisions of this Constitution. Refunding bonds to reduce bonded indebtedness. Section VIII. Paragraph I. Sinking Funds for Bonds . All amounts collected from any source for the purpose of paying the principal and interest of any bonded indebtedness of any county, municipality or subdivision and to provide for the retirement of such bonded indebtedness, above the amount needed to pay the principal and interest on such bonded indebtedness due in the year of such collection, shall be placed in a sinking fund to be held and used to pay off the principal and interest of such bonded indebtedness thereafter maturing. Sinking funds for bonds of political subdivisions. The funds in such sinking fund shall be kept separate and apart from all other moneys of such county, municipality or subdivision and shall be used for no purpose other than that above stated. The moneys in such sinking fund may be invested and reinvested by the governing authorities of such county, municipality or subdivision or by such other authority as has been created to hold and manage such sinking fund, in the bonds of such county, municipality or subdivision, and in bonds or obligations of the State of Georgia, of the counties and cities thereof and of the government of the United States, of subsidiary corporations of the Federal Government fully guaranteed by such government, and no other. Any person or persons violating the above provisions, shall be

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guilty of malpractice in office and shall also be guilty of misdemeanor, and shall be punished, when convicted, as prescribed by law for the punishment of misdemeanors, until the General Assembly shall make other provisions for the violation of the terms of this paragraph. Section IX. Appropriation Control . Paragraph I. Preparation and Submission of General Appropriation Bill . The Governor shall submit to the General Assembly within fifteen days after its organization, a budget message accompanied by a draft of a General Appropriation Bill, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, and to meet the current expenses of the State for the ensuing fiscal year. Governor's budget message; general appropriation bill. Paragraph II. Continuation of General Appropriation Act . Each General Appropriation Act, with such amendments as are adopted from time to time, shall continue in force and effect for each fiscal year thereafter until repealed or another General Appropriation Act is adopted; provided, however, that each section of the General Appropriation Act in force and effect on the date of the adoption of this Constitution, of general application and pertaining to the administration, limitation and restriction on the payment of appropriations and each section providing for appropriation of Federal Grants and other continuing appropriations and adjustments on appropriations shall remain in force and effect until specifically and separately repealed by the General Assembly. Continuation of general appropriation act. Paragraph III. Other or Supplementary Appropriations . In addition to the appropriations made by the General Appropriation Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known as supplementary appropriation Acts, provided no such supplementary appropriation shall be available unless there is an unappropriated surplus in the State Treasury or the revenue necessary

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to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the General Fund of the State Treasury. Neither House shall pass a Supplementary Appropriation Bill until the General Appropriation Act shall have been finally adopted by both Houses and approved by the Governor. Supplementary appropriations. Paragraph IV. Appropriations to Be for Specific Sums . The appropriation for each department, officer, bureau, board, commission, agency or institution for which an appropriation is made, shall be for a specific sum of money, and no appropriation shall allocate to any object, the proceeds of any particular tax or fund or a part or percentage thereof. Appropriations to be for specific sums; allocations prohibited. Paragraph V. Appropriations Void, When . Any appropriation made in conflict with either of the foregoing provisions shall be void. Void appropriations. Section X. Paragraph I. Existing Amendments Continued of Force . Amendments to the Constitution of the State of Georgia of 1877 in effect at the date of the ratification by the voters of the State, of this Constitution, shall continue of full force and effect after the ratification of this Constitution, where such amendments are of merely local, and not, general application, including the amendments pertaining to the Coastal Highway District of this State. There is also continued under this provision in force and effect, amendments to the Constitution of 1877 applicable to counties and cities having a population in excess of a number stated in such amendments, amendments applicable to counties having a city wholly or partly therein with a population in excess of, or not less than a number stated in such amendment, and amendments applicable to cities lying in two counties, where such amendments are in force and effect at the time of the ratification of this Constitution. Provided the amendment of Paragraph I of Section II of Article XI of the Constitution of 1877 proposed by Georgia Laws 1943 page 53 and ratified August 3, 1943, authorizing election by the people of the County Board of Education of Spalding

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County; prescribing rules of eligibility of members of the Board; providing for election by the Board of the County Superintendent of Schools shall not be continued of force. Constitutional amendments of local application continued of force. Spalding County Board of Education amendment repealed. Article VIII . Education . Section I. Paragraph I. System of Common Schools; Free Tuition, Separation of Races . The provision of an adequate education for the citizens shall be a primary obligation of the State of Georgia, the expense of which shall be provided for by taxation. Separate schools shall be provided for the white and colored races. Education as State's obligation. Education tax. Separation of races. Section II. Paragraph I. State Board of Education; Method of Appointment . 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 Constitution shall consist of those in office at the time this Constitution 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, 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.

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All members of the Board shall hold office until their successors are appointed and qualified. The members of the State Board of Education shall be citizens of this 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 education 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 and existing at the time of the adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law. State Board of Education. Section III. Paragraph I. State School Superintendent; Election, Term, etc. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of said Board shall be eligible for election as State School Superintendent during the time for which he shall have been appointed. State School Superintendent. Section IV. Paragraph I. University System of Georgia; Board of Regents . 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

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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 the said Board. The first Board of Regents under this Constitution shall consist of those in office at the time this Constitution 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 be 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 Constitution, together with such further powers and duties as may be hereafter provided by law. University System of Georgia; Board of Regents. Section V. Paragraph I. County System; Board of Education; Election, Term, etc. Authority is granted to counties to establish and maintain public schools within their limits. Each county, exclusive of any independent school system now in existence in a county, shall compose one school district and shall be confined to the control and management of a County Board of Education. The Grand Jury of each county shall select from the citizens of their respective counties five freeholders, who shall constitute the County Board of Education. Said members shall be elected for the term of five years except that the first election of Board members under this Constitution shall

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be for such terms that will provide for the expiration of the term of one member of the County Board of Education each year. 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 next Grand Jury convenes at which time said Grand Jury shall appoint the successor member of the Board for the unexpired term. The members of the County Board of Education of such County shall be selected from that portion of the county not embraced within the territory of an independent school district. County system. County board of education. The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon them to make recommendations as to budgets and employment of teachers and other authorized employees. Local school trustees. Section VI. Paragraph I. County School Superintendent; Election, Term, etc. There shall be a County School Superintendent, who shall be the executive officer of the County Board of Education. He shall be elected by the people and his term of office shall be for four years and run concurrently with other county officers. The qualifications and the salary of the County School Superintendent shall be fixed by law. County School Superintendent. Section VII. Paragraph I. Independent Systems Continued; New Systems Prohibited . Authority is hereby granted to municipal corporations to maintain existing independent school systems, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established. Existing, municipal independent systems continued. Colleges authorized. New systems prohibited.

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Section VIII. Paragraph I. Meetings of Boards of Education . All official meetings of County Boards of Education shall be open to the public. Meetings of county boards of education. Section IX. Paragraph I. Contracts for Care of Pupils . County Boards of Education and independent school systems may contract with each other for the education, transporation, and care of pupils. Contracts between systems. Section X. Paragraph I. Certain Systems Protected . Public schools systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution. Certain systems protected. Section XI. Paragraph I. Grants, Bequests and Donations Permitted . The State Board of Education and the Regents of the University System of Georgia may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education. Grants, bequests, etc., to State Board or Regents. Paragraph II. Grants, Bequests and Donations to County Boards of Education and Independent School Systems . County Boards of Education and independent school systems may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education. Grants, bequests, etc., to county boards or independent systems. Section XII. Paragraph I. Taxation by Counties for Education . The fiscal authority of the several counties shall levy a tax for the support and maintenance of education not less than five mills nor greater than fifteen mills (as recommended by the County Board of Education) upon the dollar of all taxable property in the county located outside independent school systems. The independent school

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system of Chatham County and the City of Savannah, being co-extensive with said county, the levy of said tax shall be on all property in said County as recommended by the governing body of said system. Taxation by counties for education. Article IX . Homesteads and Exemptions . Section I. Paragraph I. Amount of Homestead and Exemptions . There is hereby exempt from levy and sale, by virtue of any process whatever under the laws of this State, the property of every head of a family, or guardian, or trustee of a family of minor children, or every aged or infirm person, or person having the care and support of dependent females of any age, who is not head of a family, realty or personalty, or both, to the value in the aggregate of sixteen hundred dollars; and the General Assembly shall have authority to provide the manner of exempting said property, the sale, alienation and encumbrance thereof, and to provide for the waiver of said exemption by the debtor. Homesteads and exemptions. Paragraph II. Homestead and Exemption Laws Continued . The laws now of force with respect to homestead and exemptions shall remain in full force until changed by law. Homestead and exemption laws continued. Article X . Militia . Section I. Paragraph I. Organization of Militia . A well regulated militia being essential to the peace and security of the State, the General Assembly shall have authority to provide by law how the militia of this State shall be organized, officered, trained, armed and equipped; and of whom it shall consist. State militia.

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Paragraph II. Volunteers . The General Assembly shall have power to authorize the formation of volunteer companies, and to provide for their organization into battalions, regiments, brigades, divisions, and corps, with such restrictions as may be prescribed by law, and shall have authority to arm and equip the same. Volunteers. Paragraph III. Pay of Militia and Volunteers . The officers and men of the militia and volunteer forces shall not be entitled to receive any pay, rations, or emoluments, when not in active service by authority of the State. Pay of militia and volunteers. Article XI . Counties and Municipal Corporations . Section I. Paragraph I. Counties A Corporate Body; Boundaries . Each county shall be a body corporate with such powers and limitations as may be prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter provided. County as corporate body. Suits by or against county. Boundaries. Paragraph II. Number Limited . There shall not be more than one hundred and fifty-nine counties in this State. Number limited. Paragraph III. New Counties Permitted When . No new county shall be created except by the consolidation or merger of existing counties. New counties. Paragraph IV. Consolidation of Counties; Method . The General Assembly shall have power, with the concurrence of two-thirds of the qualified voters of each of the counties to be affected who participate in elections held for that purpose, to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties. Consolidation of counties. Paragraph V. Dissolution of Counties; Method . Any County may be dissolved and merged with a contiguous

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county or counties by two-thirds of the qualified voters of each of the counties affected who participate in elections held for that purpose. Dissolution and merger of counties. Paragraph VI. County Governments Uniform; Exceptions . Whatever tribunal, or officers, may be created by the General Assembly for the transaction of county matters, shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except that the General Assembly may provide for Commissioners of Roads and Revenues in any county, may abolish the office of County Treasurer in any county, may fix the compensation of County Treasurers, and may consolidate the offices of Tax Receiver and Tax Collector in the office of Tax Commissioner, and may fix his compensation, without respect to uniformity. County governments uniform; exceptions. Paragraph VII. Consolidation of Governments; Submission to Voters . The General Assembly may provide by general law optional systems of consolidated county and municipal government, providing for the organization and the powers and duties of its officers. Such optional systems shall become effective when submitted to the qualified voters of such county and approved by a majority of those voting. Consolidation of county and municipal governments. Paragraph VIII. County Lines . County lines shall not be changed, unless under the operation of a general law for that purpose. Changing county lines. Paragraph IX. County Sites Changed; Method . No County site shall be changed or removed, except by a two-thirds vote of the qualified voters of the county, voting at an election held for that purpose and by a majority vote of the General Assembly. Changing county sites. Section II. Paragraph I. County Officers; Election; Term; Removal; Eligibility . The county officers shall be elected by the qualified voters of their respective counties or districts, and shall hold their office for four years. They shall be removed upon conviction for malpractice in office; and no person shall be eligible for any of the

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offices referred to in this paragraph unless he shall have been a resident of the county for two years and is a qualified voter. County officers; election; term; removal; eligibility. Paragraph II. Compensation of County Officers . County officers may be on a fee basis, salary basis, or fee basis supplemented by salary, in such manner as may be directed by law. Compensation of county officers. Article XII . The Laws of General Operation in Force in This State . Section I. Paragraph I. Supreme Law . The laws of general operation in this State are, first: As the Supreme Law: The Constitution of the United States, the laws of the United States in pursuance thereof and all treaties made under the authority of the United States. Supreme law. Paragraph II. Second in Authority . Second. As next in authority thereto: This Constitution. Second in authority. Paragraph III. Third in Authority . Third. In subordination to the foregoing: All laws now of force in this State, not inconsistent with this Constitution shall remain of force until the same are modified or repealed by the General Assembly. Third in authority. Paragraph IV. Local and Private Acts . Local and private acts passed for the benefit of counties, cities, towns, corporations and private persons, not inconsistent with the Supreme Law, nor with this Constitution and which have not expired nor been repealed, shall have the force of Statute Law, subject to judicial decision as to their validity when passed, and to any limitations imposed by their own terms. Local and private acts. Paragraph V. Proceedings of Courts Confirmed . All judgments, decrees, orders, and other proceedings, of the several courts of this State, heretofore made within the limits of their several jurisdictions, are hereby ratified

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and affirmed, subject only to reversal by motion for a new trial, appeal, bill of review or other proceedings, in conformity with the law of force when they were made. Court proceedings confirmed. Paragraph VI. Existing Officers . The officers of the Government now existing shall continue in the exercise of their several functions until their successors are duly elected or appointed and qualified. But nothing herein is to apply to any officer, whose office may be abolished by this Constitution. Existing officers. Article XIII . Amendments to the Constitution . Section I. Paragraph I. Proposed By General Assembly; Submission to People . Any Amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives and if the same shall be agreed to by two-thirds of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon. The General Assembly shall cause such amendment or amendments to be published in one or more newspapers in each Congressional District, for two months previous to the time of holding the next general election at which election members of the General Assembly are chosen; and if such proposed amendment directly affects only one or more political subdivision of the State, then it shall also be advertised in the area to be directly affected thereby; and shall also provide for a submission of such proposed amendment or amendments to the people at said next general election, and if the people shall ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment or amendments shall become a part of this Constitution; provided that if the proposed amendment is not one that directly affects the whole state, but only one or more subdivisions thereof, said amendment shall

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not become a part of this Constitution unless it receive both a majority of the electors qualified to vote voting thereon in the State as a whole, and also a majority of the electors qualified to vote voting thereon in the particular subdivision of subdivisions affected. When more than one amendment is submitted at the same time they shall be so submitted as to enable the electors to vote on each amendment separately. Amendments to Constitution. Paragraph II. Convention, How Called . No convention of the people shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of two-thirds of all members of each house of the General Assembly. The representation in said convention shall be based on population as near as practicable. This Constitution shall not be revised, amended, or changed by the Convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly. Convention to amend Constitution. Paragraph III. Veto Not Permitted . The Governor shall not have the right to veto any proposal by the General Assembly to amend the Constitution. Veto of proposed amendment prohibited. Article XIV . Merit System . Section I. Paragraph I. State Personnel Board . A non-salaried State Personnel Board comprised of three citizens of this State, of known interest in the improvement of public administration, shall administer a State Merit System under which state personnel shall be selected on a basis of merit, fitness, and efficiency according to law. The members of the State Personnel Board shall be appointed by the Governor with the advice of the Senate. The first members shall be appointed for terms of three, five and seven years, respectively, the terms to be designated by the Governor. All subsequent appointments shall be for

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a period of seven years, except unexpired terms. No State official or employee shall be a member of the State Personnel Board. Merit system. State Personnel Board. Paragraph II. Retirement System. Appropriation . The General Assembly is authorized to establish an actuarially sound retirement system for employees under a merit system. Adequate appropriations shall be provided for the operation of a merit system and the State Personnel Board. Retirement system. Article XV . Home Rule . Section I. Paragraph I. Uniform Systems of County and Municipal Government . The General Assembly shall provide for uniform systems of county and municipal government, and provide for optional plans of both, and shall provide for systems of initiative, referendum and recall in some of the plans for both county and municipal governments. The General Assembly shall provide a method by which a county or municipality may select one of the optional uniform systems or plans or reject any or all proposed systems or plans. Uniform systems of county and municipal government. Section II. Method of Submission . 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 ayes and nays taken thereon and shall be published and submitted to the people for ratification or rejection as one single amendment to the Constitution at the next General Election in August, 1945, as provided by law. Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words for the amendment revising the Constitution. Those voting against the ratification of the amendment herein proposed shall have written or

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printed on their ballots the words against the amendment revising the Constitution. If a majority of those voting vote for the amendment revising the Constitution when the results are certified to the Governor, he shall proclaim the amendment revising the Constitution of 1877 as the revised Constitution of Georgia. Method of submission. Approved March 9, 1945.

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DeKalb School Tax . No. 13. A Resolution. Proposing to the qualified voters of the State, for ratification or rejection, an amendment to the Constitution of 1877, and all amendments thereto, authorizing the levy and collection by the County of DeKalb of a tax for school purposes within previously existing local school districts and the expenditures of the funds so derived within the territorial limits of said former local school districts; 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, the Constitution of Georgia of 1877 and all amendments thereto including the amendments submitted to the people of Georgia by the 1945 General Assembly revising the Constitution, be and the same are hereby amended by adding to Section 12 of Article VIII of the Amendment submitted by the 1945 General Assembly revising the Constitution a new paragraph to be known as paragraph 2, as follows: Art. VIII, Sec. 12. Par. 2. 2. In addition to the tax provided in paragraph 1, the County of DeKalb shall levy a tax not to exceed five mills on the dollar of all taxable property lying within the territorial limits of local school districts existing at the time of the adoption of the Constitution as submitted to the people by the 1945 General Assembly, provided the qualified voters residing in said territorial limits have ordered the levy of such taxation through a referendum meeting the conditions prescribed by law for this purpose. The proceeds from such taxation shall be paid to the County Board of Education but shall be expended solely for the operation and maintenance of schools within the territorial limits of such former local school district. School district tax not to exceed 5 mills. Section 2. The said amendment to the Constitution shall take priority over all previsions and amendments

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at the same time adopted by the people and the said amendment shall become effective if and when the amendment submitted to the people by the 1945 General Assembly revising the Constitution shall be adopted and ratified. Provided further that if the amendment submitted to the people by the 1945 General Assembly revising the Constitution be not adopted and ratified then this amendment whether or not adopted and ratified shall be void and of no effect. Amendment to take priority over all amendments adopted at same time. Section 3. When said amendment shall be agreed to by a two-thirds vote of the members elected to each House it shall be entered upon their respective Journals with the ayes and nays thereon and shall be published and submitted according to law to the qualified voters of Georgia for ratification or rejection at the next general election. All persons voting in said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots For ratification of the amendment authorizing the levy and collection of additional taxes by DeKalb County in former local school districts and all persons opposing the adoption of said amendment shall have written or printed on their ballot the words Against ratification of the amendment authorizing the levy and collection of additional taxes by DeKalb County in former local school districts. If a majority of the electors qualified to vote for the members of the General Assembly voting thereon shall vote for ratification thereof when the returns shall be consolidated as now required by law and return thereof made to the Governor, and provided that at the same election the people of Georgia shall have ratified the amendment submitted by the 1945 General Assembly revising the Constitution, then he shall declare the said amendment adopted and proclaim the amendment as a part of the Constitution of the State of Georgia, as provided by the Constitution and Laws relating to Constitutional Amendments. Submitted to voters of State. Ballots.

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Section 4. Any and all provisions of law or resolutions and parts of laws in conflict with this amendment be and the same are hereby repealed. Approved March 6, 1945. Fulton County and Political BodiesNew Debts . No. 35. A Resolution. A resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia to authorize Fulton County, Fulton County Board of Education, Fulton County School District, Mayor and Council of the City of College Park, and any municipality or political subdivision wholly within Fulton County, to incur new debts upon the assent of two-thirds of the qualified voters in an election held for that purpose; provided those voting at such election shall be a majority of the qualified voters of the territory; and for other purposes. Be resolved by the General Assembly of Georgia: Section 1. That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto the following: The provisions with respect to the vote required to authorize new debts under this paragraph shall not apply to Fulton County, Fulton County Board of Education, Fulton County School District, Mayor and Council of the City of College Park, and any municipality or political subdivision wholly within Fulton County; but any one of the above political bodies may incur such new debts with the assent of two-thirds of the qualified voters thereof, voting at an election for that purpose to be held as prescribed by law; provided that those voting at said election shall be a majority

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of the qualified voters of such territory. All other provisions of this paragraph of the Constitution shall, however, be applicable in such cases. Art. 7, Sec. 7, Par. 1 (Code, 2-5501). Vote required for new debts by Fulton political subdivisions. Section 2. Be it further resolved 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 shall have 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 resolved 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 Resolution, 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 1, Section 7, Article 7 of the Constitution authorizing Fulton County, Fulton County Board of Education, Fulton County School District, Mayor and Council of the City of College Park, and any municipality or political subdivision wholly within Fulton County, to incur new debts upon assent of two-thirds of qualified voters at election for such purpose, provided those voting at such election shall be a majority of qualified voters, 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 7, Article 7 of the Constitution, authorizing Fulton County, Fulton County Board of Education, Fulton County School District, Mayor and Council of the City of College Park,

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and any municipality or political subdivision wholly within Fulton County to incur new debts upon assent of two-thirds of qualified voters at election for such purpose, provided those voting at such election shall be a majority of qualified voters. 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 certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Election. Section 4. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1945. Irwin School Tax . No. 44. A Resolution. Proposing to the qualified voters of Georgia an amendment to Paragraph 7, Section 2, of Article 7 of the Constitution of Georgia so as to authorize and provide that the County Board of Education of Irwin County may levy a tax for school purposes on all property located in said County not included in any independent school system located therein, and to provide that the exemption granted in this Paragraph shall not apply to the levy made by said Board of Education for school purposes; and for other purposes. Be it resolved by the General Assembly of the State of Georgia: Section 1. That Paragraph 7, Section 2, of Article 7 of the Constitution of Georgia, be and the same is hereby amended by adding at the end thereof a provision to read as follows: Art. 7, Sec. 2, Par. 7.

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Provided, however, that the exemption herein granted shall not prevent the County Board of Education of Irwin County from levying a tax for school purposes on all property located in Irwin County not included in any independent school system located therein, including such property as may be exempted from State and County taxation by reason of the homestead exemption herein provided for. The said Board of Education of Irwin County is hereby authorized and empowered to levy for school purposes a tax on all of the property located in said county not included in any independent school system located therein, including the property which may be exempted from State and County taxation by virtue of this paragraph of the Constitution. Homestead exemption not to prevent Irwin school tax. Irwin school tax. Section 2. Be it further resolved by the authority aforesaid, that when 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 next preceding the time of holding the next general election, at which general election the above proposed amendment shall be submitted for ratification or rejection to the electors of this State, at which election every person shall be qualified to vote who is qualified to vote for the 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 ballot the words For ratification of Amendment to Paragraph 7, Section 2 of Article 7 of the Constitution providing that the exemption from taxation of the homestead of residents shall not apply in the County of Irwin as against levies of taxes for school purposes by the County Board of Irwin County and all persons opposing the adoption of said Amendment shall have written or printed on their ballot the words Against ratification of Amendment to

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Paragraph 7, Section 2 of Article 7 of the Constitution providing that the exemption from taxation of the homestead of residents shall not apply in the County of Irwin as against levies of taxes for school purposes by the County Board of Irwin County. If the people shall 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 elections of 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. Publication. Election. Section 3. Be it further resolved that all laws and parts of laws in conflict with this resolution be and the same are hereby repealed. Approved March 9, 1945. Fulton Educational Tax . No. 55. A Resolution. Proposing to the qualified voters of the State of Georgia an amendment to Article 8, Section 4, Paragraph 1 of the Constitution of Georgia to provide that Fulton County shall levy a tax for educational purposes of not less than five mills nor greater than fifteen mills (as recommended by the County Board of Education) upon the dollar on all taxable property in the county located outside the city of Atlanta. Be it resolved by the General Assembly of Georgia: Section 1. That Article 8, Section 4, Paragraph 1 of the Constitution of Georgia which has heretofore been amended shall be further amended by adding thereto the following: Art. 8, Sec. 4, Par. 1 (Code, 2-6901). The Commissioner of Roads and Revenues of Fulton

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County shall levy a tax for the support and maintenance of education of not less than five mills nor greater than fifteen mills (as recommended by the County Board of Education) upon the dollar of all taxable property in the County located outside the City of Atlanta. Fulton educational tax. Section 2. Be it further resolved 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 shall have 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 resolved 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 Resolution, 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 1, Section 4, Article 8 of the Constitution, providing for educational tax of five to fifteen mills levied by Fulton County on property outside City of Atlanta, 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 4, Article 8 of the Constitution, providing for educational tax of five to fifteen mills levied by Fulton County on property outside City of Atlanta. 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

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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. Election. Section 4. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1945. Chatham School Tax . No. 60. A Resolution. To propose to the qualified voters of the State of Georgia an amendment to Article VIII, Section IV, Paragraph I, of the Constitution of the State of Georgia, (2-6901) so as to require the authority which levies County Taxes in Chatham County to levy taxes for school purposes, not exceeding fifteen mills on the dollar instead of twelve mills permitted to be levied under said Constitutional provision (as amended by the Constitutional amendment of 1941) when requested to do so by the Board of Education of said County, and provided such additional levies shall be sanctioned by a majority voting at an election or elections to be called in said county by the ordinary of said County and held under his jurisdiction not less than thirty (30), nor more than sixty (60), days from the time of said request, and for other purposes. Section 1. Be it resolved by the General Assembly of the State of Georgia, that the amendment to Article VIII, Section IV, Paragraph I, (Code 2-6901) of the Constitution of Georgia approved by the Governor of Georgia March 26, 1941, (Georgia Laws 1941, p. 33) and subsequently ratified at the General Election held on June 3, 1941, shall be amended so that the said amendment shall read as follows: Art. 8, Sec. 4, Par. 1 (Code, 2-6901).

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In addition to the total tax of ten (10) mills which is permitted to be levied under this paragraph the authority which levies County taxes in Chatham County shall levy, for school purposes, additional taxes not exceeding five (5) mills on the dollar on the assessed value of the taxable property in said County, whenever called upon to do so by such Board of Public Education as has control of the public schools of the county, provided such additional levies are sanctioned by a majority vote of those voting at an election or elections which shall be called by the Ordinary of Said County and held under his jurisdiction not less than thirty (30), nor more than sixty (60), days from the time of said request by the Board of Education of said County; which call the Ordinary shall advertise once a week for three weeks in the County newspaper in which legal advertisements of the County are published. The whole additional tax of five mills may, in the discretion of the Board of Education, be voted on at one time, and if the election therefor is carried, the County authorities shall levy the whole or any part of said additional tax of five mills, when and as called upon to do so by the Board of Education of said County. Said election or elections shall be held as ordinary county elections are held. Those favoring the levy of the tax shall vote for tax for public schools; those opposed shall vote against tax for public schools. The returns of said election shall be made to the Ordinary of the County who shall declare the result. Chatham County school tax. Section 2. Be it further resolved by the authority aforesaid, that when said amendments shall be agreed to by two-thirds vote of the members elected to each of the two Houses, said amendment shall be entered on their journals, with the ayes and nays thereon, and shall by the Governor be published in one or more newspapers in each Congressional District in the State of Georgia for two (2) months previous to the time of holding the next general election, and said amendment shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in

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favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to Article VIII, Section IV, Paragraph I, of the Constitution, authorizing the levy of taxes in Chatham County for school purposes not exceeding five mills on the dollar, in addition to the total tax of ten mills permitted by said Constitutional provision. Publication. Election. And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to Article VIII, Section IV, Paragraph I, of the Constitution, authorizing the levy of taxes in Chatham County for school purposes not exceeding five mills on the dollar, in addition to the total tax of ten mills permitted by said Constitutional provision. If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the returns shall be consolidated as required by law in elections for members of the General Assembly, the said amendment shall become a part of Article VIII, Section IV, Paragraph I, of the Constitution of the State of Georgia, and the Governor shall make a proclamation thereof. Approved March 9, 1945. Fulton License Tax In Unincorporated Areas . No. 62. A Resolution To propose to the people of Georgia an amendment to Article 7, Section 6, Paragraph 2 of the Constitution of Georgia, by adding thereto a new paragraph to authorize the County Commissioners of Fulton County to levy and collect a license tax from all persons maintaining a place of business in unincorporated areas; to license and regulate taxicabs and cars for hire in such unincorporated

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areas; and further authorizing said commissioners to regulate the conduct of business in said areas; 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 Article 7, Section 6, Paragraph 2 of the Constitution of Georgia, which has heretofore been amended, be further amended by adding thereto a new paragraph in the following language, to-wit: Art. 7, Sec. 6, Par. 2 (Code, 2-5401). The County Commissioners of Fulton County shall have the right to assess and collect a license tax from all persons, firms or corporations maintaining a place of business in any unincorporated area of Fulton County; to license and regulate taxicabs and cars for hire in such unincorporated areas; and for such purpose shall have the right to classify business enterprises, and to assess different license taxes against different classes of business. Such Commissioners shall also have the right to regulate all such business enterprises in the interest and to the welfare of the citizens of Fulton County, and to prescribe rules and regulations for the government of same in said unincorporated areas. Violations of any regulation adopted by the County Commission pursuant to this section, or failure to pay the license tax prescribed for any business, shall constitute a misdemeanor, punishable as prescribed in the General Laws of this State. Fulton County license tax in unincorporated areas. Approved March 9, 1945. Brunswick Judicial Circuit Judge's Salary . No. 281. An Act to amend Article VI, Section XIII of the Constitution of the State of Georgia by adding after paragraph II a new paragraph to be known as paragraph III of Section XIII of Article VI of said Constitution, providing that the General Assembly may authorize and

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direct the counties composing the Brunswick Judicial Circuit to pay to the present and any future Judge of the Superior Courts of the said Circuit, the sum of $100.00 per month in addition to the salary paid by 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 authority of the same: Section 1. That the Constitution of the State of Georgia is hereby amended as follows, to-wit: By adding a new paragraph to Section XIII of Article VI of said Constitution to follow Paragraph II and to be known as Paragraph III, which shall provide: Art. VI, Sec. XIII, Par. III. Paragraph III. The General Assembly may authorize and direct the counties composing the Brunswick Judicial Circuit to pay to the present and any future judge of the Superior Courts of the said Judicial Circuit, the sum of $100.00 per month in addition to the salary paid by the State of Georgia, and apportion such additional compensation among such counties. Additional Judge's salary. 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

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Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words: Submission to vote. FOR RATIFICATION of amendment to Article VI, Section XIII of the Constitution of Georgia by adding a new paragraph, providing that the General Assembly may authorize and direct the counties composing the Brunswick Judicial Circuit to pay to the present and any future judge of the Superior Courts of the said circuit, the sum of $100.00 per month in addition to all salary paid by the State of Georgia. And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Ballots. AGAINST RATIFICATION of amendment to Article VI, Section XIII of the Constitution of Georgia by adding a new paragraph, providing that the General Assembly may authorize and direct the counties composing the Brunswick Judicial Circuit to pay to the present and any future judge of the Superior Courts of the said circuit, the sum of $100.00 per month in addition to all salary paid by the State of Georgia. 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. Addition to salary paid by State. 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 8, 1945.

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Atlanta School Bonds . No. 286. An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia so as to authorize the City of Atlanta to incur bonded indebtedness for school 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 as follows, to-wit: Art. 7 Sec. 7, Par. 1 (Code, 2-5501). And except that the City of Atlanta may, from time to time, incur indebtedness for school purposes when authorized by the affirmative vote of a majority of those voting at an election held for that purpose, and the bonds are thereafter validated in the manner provided by law. Only residents of the City of Atlanta who are qualified and registered as voters under the Constitution and laws of this State shall be permitted to vote at such an election. New paragraph. Indebtedness for school purposes. Section 2. Be it further enacted that when this amendment shall have been agreed to by the requisite two-thirds of the members of each house, with the Ayes and Nays entered thereon, 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. 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 the amendment to Article 7, Section 7, Paragraph 1 of the Constitution authorizing the City of Atlanta to incur indebtedness for school 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

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1 of the Constitution authorizing the City of Atlanta to incur indebtedness for school purposes. If adopted, the result shall be declared and said amendment shall become a part of Article 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia, and the Governor shall make a proclamation therefor, as provided by law. Publication. Ballots. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1945. Bibb Retirement System . No. 410. An Act to amend Paragraph II of Section VI of Article VII of the Constitution of the State of Georgia of 1877, relating to the purposes for which the taxing powers of the counties may be utilized, and as the same has heretofore been amended, revised, and changed, and as the same may contemporaneously with the adoption of this amendment or hereafter be amended, revised, and changed, and however and wherever said described section may appear in such amendment, change, or revision, authorizing the General Assembly to enact laws to create a retirement fund and/or system of pension or retirement pay for all or any county employees and officers of Bibb 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 of 1877 and as the same has heretofore been amended, revised, or changed, and as the same may contemporaneously with the adoption of this amendment or hereafter be amended, revised, or changed, is hereby amended as follows, to-wit:

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By adding to Paragraph II of Section VI of Article VII relating to the purposes for which the taxing powers of the Counties may be utilized, and however and wherever said section may appear in any such amendment, change, or revision, the following, to-wit: Art. 7, Sec. 6, Par. 2 (Code, 2-5402) The General Assembly shall have authority, however, to enact laws authorizing the County of Bibb, in the sole discretion of its governing authority, to create and contribute to a retirement fund and/or a system of retirement pay, either by direct contribution to such a fund or by payment of insurance premiums, or by a combination of such methods, for all or any employees and officers who are compensated by Bibb County, and who hold their offices or positions either by election or appointment, to levy taxes for these purposes, and to enact laws establishing rules for tenure of office for such officers and employees and for other purposes consistent therewith. Retirement system for Bibb County officers and employees. 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 the State, for two months next preceding the time of holding the next general election. Publication of proposed amendment. 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,

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For ratification of amendment to Paragraph II of Section VI of Article VII of the Constitution of 1877 and however and wherever said section may appear in revisions of said Constitution, authorizing the Legislature `to enact laws authorizing the County of Bibb to create a retirement fund and system of retirement pay for County employees of said County;' and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to Paragraph II of Section VI of Article VII of the Constitution of 1877, and however and wherever said section may appear in revisions of said Constitution, authorizing the Legislature to enact laws authorizing the County of Bibb to create a retirement fund and system of retirement pay for County employees of said County. Election on proposed amendment. If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945. Fulton Pensions to Widows and Minor Children . No. 440. An Act to amend Paragraph 2 of Section 6 of Article 7 of the Constitution of the State of Georgia so as to authorize the General Assembly to enact laws providing in Fulton County for the payment of pensions or the continuance of retirement pay to surviving widows and minor children of County employees, 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 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, Par. 2 (Code, 2-5402). The General Assembly shall have authority, however, to enact laws authorizing the County of Fulton and the governing authorities of the schools of said County to pay pensions, or to continue retirement pay, to the surviving widow or the surviving minor children of employees of such County or to the surviving widow or the surviving minor children of school employees of such County, and to levy taxes for such purposes. All pensions heretofore granted to widows or minor children of officers, deputies and employees of Fulton County and all contributions made by officers, deputies and employees of Fulton County from their salaries pursuant to laws heretofore passed by the General Assembly or to rules and regulations adopted by the Pension Board for Fulton County relating to pensions for widows and minor children are hereby ratified, confirmed and made lawful. Pensions to employees' widows and minor children of Fulton County employees. Such pensions previously granted, ratified. 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

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this Act, in the several election districts of this State at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Paragraph 2, of Section 6, of Article 7 of the Constitution authorizing the Legislature to enact laws providing in Fulton County for the payment of pensions to surviving widows and minor children of County employees and of County school employees; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Paragraph 2, of Section 6, of Article 7, of the Constitution authorizing the Legislature to enact laws providing in Fulton County for the payment of pensions to surviving widows and minor children of County employees and of County school employees. 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 of elections 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. Election on proposed amendment. 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 9, 1945. Floyd Sewerage and Water System . No. 444. An Act to propose to the qualified voters of Georgia an amendment to article 11, section 1, of the Constitution of this State, by adding at the end of said section a

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new paragraph as follows: The Commissioners of Roads and Revenues of Floyd County shall have authority to establish and administer sewerage, and/or water, and to levy taxes to pay therefor, and to charge for connections thereto, which shall be uniform; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that article 11, section 1, of the Constitution of the State of Georgia be amended by adding at the end of said section a new paragraph, as follows: The Commissioners of Roads and Revenues of Floyd County shall have authority to establish and administer sewerage, and/or water, and to levy taxes to pay therefor, and to charge for connections thereto, which shall be uniform. Art. 2, Sec. 1 (Code, Ch. 2-82). Floyd County sewerage and water. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the ayes and nays thereon, and published in one or more newspapers in each Congressional District 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 Floyd County to establish sewerage, and/or water, and to levy taxes to pay therefor, and to charge for connections thereto, which shall be uniform; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to article 11, section 1, of the Constitution of Georgia, authorizing Floyd County to establish sewerage, and/or water, and to levy taxes to pay therefor, and to charge for connections thereto, which shall be uniform. And if a majority of said electors

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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 this State, and the Governor shall make proclamation thereof as provided by law. Publication and election. Approved August 27, 1929. [sic] Approved March 9, 1945.

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TEACHERS RETIREMENT SYSTEMAPPROPRIATION. No. 1. An Act to amend the General Appropriation Act for fiscal year ended June 30, 1944 and for each and every fiscal year thereafter until repealed by law (Acts 1943, pages 84 through 96) so as to provide an appropriation of $1,000,000.00 for each fiscal year to meet the conditions set out in an Act entitled Teachers Retirement System; 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 the General Appropriation Act approved January 29, 1943 is hereby amended by adding another sub-section to be known as Section 12-A to read as follows: General Appropriation Act 1943, amended. Section 12-A. For the State cost of operation the Teachers Retirement System $1,000,000.00. Teachers Retirement System cost $1,000,000.00. Provided, that the first funds available under this provision shall be for the six months of the fiscal year ending June 30, 1945 and thereafter shall be available for each fiscal year. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved January 22, 1945. SHERIFFSCOMPENSATION IN CERTAIN COUNTIES. No. 8. An Act to authorize and direct the authority having control of the expenditure of county funds and/or other proper officials in all counties of the State of Georgia having a population of not more than 8850, not less than 8835, according to the Federal census of 1940 or any other future Federal census, because of the extra duties imposed on such sheriffs by reason of national

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defense activities, to pay to the sheriffs of said counties the sum of $100.00 per month in addition to the fees and compensation 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 the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage and approval of this Act the authority for control of the expenditure of county funds and/or other proper officials in all counties of the State of Georgia having a population of not more than 8850, not less than 8835, according to the Federal census of 1940 and any other future Federal census, because of the extra duties imposed on such sheriffs by reason of national defense activities, are authorized and directed to pay to the sheriffs of said counties the sum of $100.00 per month in addition to the fees and compensations now paid to said sheriffs. Salary in certain counties. Section 2. Be it further enacted that this Act shall become effective immediately upon passage and approval of the same and shall remain in effect for six months after the duration of the present World War. Effective date. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 25, 1945. SHERIFFSCOMPENSATION IN CERTAIN COUNTIES. No. 9. An Act to authorize and direct the Ordinary or other proper officials having control of the finances of the counties in the State of Georgia having a population of not more than nine thousand one hundred and ten (9,110), nor less than nine thousand one hundred

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(9,100), according to the Federal Census of 1910 and all other future census, to provide for compensation for the sheriffs of said counties 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 or other county officials having control of county funds in all counties in the State of Georgia having a population of not more than nine thousand one hundred and ten (9,110), nor less than nine thousand one hundred (9,100) according to the Federal Census of 1910 and all future census, are hereby authorized and directed to pay to the sheriffs of said counties the sum of One Hundred Dollars ($100.00) per month in addition to the fees and compensation now paid to said sheriffs. Salary in certain counties. Section 2. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved January 24, 1945. STATE AUDITORELECTION. 40-1801. No. 11. An Act to be entitled an Act to amend Section 40-1801 of the Code of Georgia of 1933 as amended by Acts 1943, page 361, 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 for election of State Auditor by the General Assembly; to provide the term of office;

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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 as amended by Acts 1943, page 361, 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 as amended repealed. 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 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. New 40-1801. State Auditor qualifications. The State Auditor shall be elected by the General Assembly in the following manner: A joint resolution which shall fix a definite time for the nomination and election of the State Auditor may be introduced in either branch of the General Assembly. Upon passage of said resolution by a majority vote of the membership of the Senate and House of Representatives it shall be the duty of the Speaker of the House of Representatives to call for the nomination and election of the State Auditor at the time specified in the resolution, at which time the name of the qualified person receiving a majority vote of the membership of the House of Representatives shall be transmitted to the State Senate for confirmation. Upon the qualified person receiving a majority vote of the membership of the Senate, he shall be declared the duly

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elected State Auditor and the Governor of the State of Georgia shall be notified of his election by the Secretary of the Senate. The Governor is directed to administer the oath of office to the State Auditor and to furnish the State Auditor with a properly executed commission of office certifying his election. Election. Oath and commission. The term of office of the State Auditor shall continue until a successor is elected as provided herein. 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. Term. Vacancy. Section 2. That all laws and parts of laws in conflict with this Act be, and same are hereby, repealed. Approved January 25, 1945. PUBLIC SAFETY DEPARTMENTAMENDMENTS. No. 14. 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) so as to reduce the minimum and maximum age limits of eligibility for appointment as an Officer or Trooper of the Uniform Division of the Department of Public Safety by striking the words twenty-five in the sixth line, and the words forty-five in the seventh line of the first paragraph of section 3 of Article 2, and inserting in lieu thereof the words twenty-one and forty respectively; by striking the first paragraph of section 13 of Article 2 which provides the board and quarters herein provided shall be furnished to each and every member of the Uniform

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Division of the Department of Public Safety on active duty, excepting the Director and Deputy Director. Provided, that in the event barracks or quarters cannot be immediately secured for the Headquarters Staff, that all Officers and Troopers shall be given a proper allowance for meals and lodging, until barracks and quarters are secured, and inserting in lieu thereof the following: The board and quarters herein provided shall be furnished to each and every member of the Uniform Division of the Department of Public Safety on active duty. Until adequate barracks or quarters with proper facilities for furnishing meals are secured for the Headquarters Staff, that all Officers and Troopers shall be given a proper allowance for meals and lodging. By striking therefrom in its entirety section 3 of Article 5 of said Act, which provides that no person shall be eligible for any position provided for in this Act who is drawing any pension from any source, governmental or otherwise. By adding a new section to Article 5 of said Act to be known as section 4 (a), providing for the extension beyond the period for which issued until 90 days after discharged, all current operators drivers' licenses now held by or hereafter issued to citizens of this State now serving in the Armed Forces of the United States, and all operators drivers' licenses held by or hereafter issued to citizens of this State current at the time such citizens enter the service of the Armed Forces, 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, is [sic] be and the same is hereby amended so as to reduce the minimum and maximum age limits of eligibility for appointment as an Officer or Trooper of the Uniform Division of the Department of Public Safety designated as the Georgia State Patrol, by striking the words twenty-five in the sixth line, and the words forty-five in the seventh line of the first paragraph of section 3 of Article 2, and inserting in lieu thereof the words twenty-one and

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forty respectively, so that said paragraph as amended will read as follows: No person shall be eligible for appointment as an Officer or Trooper of the Uniform Division of the Department of Public Safety designated as the Georgia State Patrol unless he shall be a native born male citizen of the United States, preferably of Georgia, of good health and good moral character, and not less than twenty-one years of age nor more than forty years of age at the time of enlistment. The age limits here given shall not apply to the Director and Deputy Director of the Department of Public Safety but are as given elsewhere. Age limit of eligibility. Section 2. Be it further enacted and it is hereby enacted by the authority aforesaid, that said Act and all Acts amendatory thereof, be and the same is hereby further amended by striking therefrom in its entirety the first paragraph of section 13 of said Article 2, which provides that the board and quarters herein provided shall be furnished to each and every member of the Uniform Division of the Department of Public Safety on active duty, excepting the Director and Deputy Director. Provided, that in the event barracks or quarters cannot be immediately secured for the Headquarters Staff, that all Officers and Troopers shall be given a proper allowance for meals and lodging, until barracks or quarters are secured, and by substituting a new paragraph in lieu thereof reading as follows: Acts amended. The board and quarters herein provided shall be furnished to each and every member of the Uniform Division of the Department of Public Safety on active duty. Until adequate barracks or quarters with proper facilities for furnishing meals are secured for the Headquarters Staff, all Officers and Troopers shall be given a proper allowance for meals and lodging. New Par. Board and quarters. Section 3. Be it further enacted by the General Assembly and it is hereby enacted by authority of the same that section 3 of Article 5 of said Act reading as follows: No person shall be eligible for any position provided

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for in this Act who is drawing any pension from any source, governmental or otherwise, be and the same is hereby repealed. Section 3 repealed. Section 4. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, that said Act and all Acts amendatory thereof, be and the same is hereby further amended by adding a new section to Article 5 of said Act to be known as section 4(a), to read as follows: Section 4(a) All current operators drivers' licenses now held by or hereafter issued to citizens of this State now serving in the Armed Forces of the United States, and all operators drivers' licenses held by or hereafter issued to citizens of this State current at the time such citizen enters the service of the Armed Forces of the United States are hereby extended for the duration of the present wars. Provided, that such extended license shall terminate 90 days after the discharge from the Armed Forces of any holder thereof prior to the end of the present wars. 4 (a) added. Driver's license of service men extended. Section 5. All Laws and parts of Laws in conflict with this Act be and the same are hereby repealed. Approved January 30, 1945. CONDEMNATION BY STATE. No. 15. An Act to authorize and empower the State of Georgia acting by and through the Governor, the State Auditor and the Attorney General, and with unanimous consent of said officials to take or damage by condemnation, private property for public purposes of the State of Georgia upon paying or tendering to the owner thereof just compensation, provided, however, the powers herein given shall neither supersede nor abridge the powers of condemnation given severally to the State Highway Board of Georgia and the Regents of the University System of Georgia; to provide the manner

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of condemnation; to provide for setting up on the budget and payment of the contract price, or award and costs; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The State of Georgia, acting by and through the Governor, the State Auditor, and the Attorney General and with the unanimous consent of said officials, is hereby authorized and empowered to take or damage by condemnation, private property for public purposes of the State of Georgia upon first paying or tendering to the owner thereof just compensation, provided, however, the powers herein given shall neither supersede nor abridge the powers of condemnation given severally to the State Highway Board of Georgia and the Regents of the University System of Georgia. Condemnation proceedings by the Governor, the State Auditor and the Attorney General, acting for and in behalf of the State of Georgia, shall take the form provided in Part II of Title 36 or the form provided in Chapter 36-11 of the Code of Georgia of 1933 as amended. Private property condemned. Part II, Title 36, Ch. 36-11 of Code. Section 2. Whenever in the unanimous opinion of the Governor, the State Auditor and the Attorney General it shall be necessary or desirable to damage or take any private property for the public use of the State under the powers herein given, such officials shall make known the same in writing to the Budget Bureau consisting of the Governor and State Auditor, which said Budget Bureau shall be authorized to set up upon the budget and pay from any available State funds either the contract price or the award for taking or damaging such private property sought for public use together with the costs pertaining to any such condemnation proceedings. Award on Budget Payment. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 30, 1945.

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DEPUTY SHERIFFSCOMPENSATION IN CERTAIN COUNTIES. No. 27. An Act to amend Section 5998 of the 1910 Code of Georgia, providing for the compensation of deputy sheriffs for attendance upon certain Courts and elections, to provide for additional pay, or compensation, to deputy-sheriffs for such services in Counties having a population of not less than 37,000 and not more than 41,000, according to the last or any future Federal Census; to repeal all conflicting laws; and for other purpose. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same that, from and after the passage and approval of this Act, Section 5998 of the 1910 Civil Code of Georgia, be amended by adding at the end of said Section the following language: provided, however, in all Counties having a population of not less than 37,000 and not more than 41,000, according to the last or any future Federal Census, the deputy-sheriff shall be entitled to charge and collect the sum of three dollars per day for such attendance, so that when said section is thus amended the same shall read as follows: 5998 Code of 1910 amended. Per diem. Section 5998. Deputy sheriffs, compensation of in certain Counties.In counties having a population of twenty-four thousand inhabitants, or more, deputy sheriffs shall be entitled to charge and collect the following fees for official duties performed by them, to-wit: To read as amended. For attendance upon the Superior courts, per day $2.00. For attendance upon the City and County Courts, per day, $2.00. For attendance upon Courts of Ordinary, per day, $2.00. For attendance upon elections, per day, $2.00. Provided, however, in all Counties having a population of

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not less than 37,000 and not more than 41,000, according to the last or any future Federal Census, the deputy sheriffs shall be entitled to charge and collect the sum of five dollars per day for such attendance. Section 2. Be it further enacted by the authority aforesaid that all laws in conflict herewith be, and the same are, repealed hereby. Approved February 2, 1945. LEGAL HOLIDAYS. 14-1808, 14-105, 14-716. No. 28. An Act to amend an Act entitled, 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 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 that conflict herewith; and for other purposes which Act is found in the Laws of Georgia 1943, commencing at page 331, by repealing Section 1 thereof concerning holidays and by repealing Section 3 thereof declaring certain acts and deeds occurring on public and legal holidays as not void and certain acts and deeds occurring on religious holidays as void; to provide that certain days shall be public or legal holidays; 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:

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Section 1. That from and after the passage of this Act the following days be, and the same hereby are, declared to be public and legal holidays in Georgia: The first day of January, known as New Year's Day; the 19th day of January, known as Lee's Birthday; the 22nd day of February, known as Washington's Birthday; the 26th day of April, known as Memorial Day; the 3rd day of June, known as Jefferson Davis' Birthday; the 4th day of July, known as Independence Day; the first Monday in September, known as Labor Day; the 12th day of October, known as Columbus Day; the 11th day of November, known as Armistice Day; the fourth Thursday in November, known as Thanksgiving Day; and the 25th day of December, known as Christmas Day, and any day proclaimed or designated by the Governor of the State of Georgia or the President of the United States as a day of fasting and prayer or other religious observance, be, and the same are hereby declared public and legal holidays in the State of Georgia; provided that, whenever any public or legal holiday enumerated in this section shall fall upon a Sunday, the Monday next following shall be observed as a public and legal holiday. Legal holidays named. Section 2. Be it further enacted that Section 1, declaring certain days as public and legal holidays, and Section 3, declaring certain acts and deeds occurring on public and legal holidays as not void and certain acts and deeds occurring on religious holidays as void, of the Laws of Georgia, 1943, commencing at page 331, concerning legal holidays and all laws and parts of laws in conflict with this Act be, and the same hereby are, repealed. Approved February 2, 1945. STATE REAL ESTATE IMPROVEMENT. No. 30. An Act to provide that any real estate owned or acquired by the State of Georgia may be improved with funds appropriated for a State Department provided the head of the Department affected and the Budget Bureau,

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consisting of the Governor and the State Auditor, consent to such use of such funds; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any real estate owned or acquired by the State of Georgia may be improved with funds appropriated for a State Department provided the head of the Department affected and the Budget Bureau, consisting of the Governor and the State Auditor, consent to such use of such funds. Real estate improved by State Departments. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 2, 1945. SECOND HAND WATCHESSALE. No. 35. An Act to regulate the sale of second hand watches, to require all persons engaged in buying and selling watches, to affix and keep affixed on all second hand watches a tag plainly marked Second Hand; to require that all second hand watches displayed for sale shall be displayed as Second Hand; to require that second hand watches when advertised for sale shall be advertised as second hand; to define second hand watches as dealt with in this Act; to fix punishment for the violation of the provisions of this Act; to exempt pawnbrokers; to define the purpose of this Act and fix its effective date, 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. The purpose of this Act is to identify all watches other than new by requiring them to be marked second hand so as to safeguard the public and prevent

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the public from being misled when purchasing used, rebuilt or reconditioned watches, and to prevent them being sold as new watches. Purpose of Act. Section 2. Any person or persons, firm or firms, partnership or partnerships, association or associations, corporation or corporations, engaged in the business of buying or selling watches, or any agent or servant thereof, who may sell or exchange, or offer for sale or exchange, expose for sale or exchange, possess with the intent to sell or exchange, or display with the intent to sell or exchange any second hand watch, shall affix and keep affixed to the same a tag with the words second hand clearly and legibly written or printed thereon, and the said tag shall be so affixed or placed that the words second hand shall be plainly in sight at all times. Tag indicating watch is second hand. Section 3. Any person or persons, firm or firms, partnership or partnerships, association or associations, corporation or corporations, engaged in the business of buying or selling watches, or any agent or servant thereof, who may sell a second hand watch or in any other way pass title thereto shall deliver to the vendee a written invoice bearing the words second hand in bold letters, larger than any of the other written matter upon said invoice. Said invoice shall further set forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker, and the serial number, if any, and any other distinguishing numbers or identification marks upon its case and movements. If the serial numbers or other distinguishing numbers or identification marks shall have been erased, defaced, removed, altered or covered, said invoice shall so state. The vendor shall keep on file a duplicate of said invoice for at least two and one-half years from the sale thereof, which shall be open to inspection during all business hours by the prosecutor or prosecutors of the county, in which the vendor is engaged in business or his duly authorized representative is engaged. Invoice bearing words second hand. Name of vendor and vendee. Date of sale, name of watch. Invoice kept on file. Section 4. Any person or persons, firm or firms, partnership or partnerships, association or associations, corporation

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or corporations, or any agent or servant thereof, who may advertise or display in any manner a second hand watch for sale or exchange shall state clearly in such advertisement or display that said watch is a second hand watch. Advertisement. Section 5. A watch shall be deemed to be second hand if (a) It as a whole or the case thereof or the movement thereof has been previously sold to or acquired by any person who bought or acquired the same for his use or the use of another, but not for resale; provided, however, that a watch which has been so sold or acquired and is thereafter returned either through exchange or for credit within thirty days to the original individual, firm, partnership, association or corporation who sold or passed title to such watch, shall not be deemed to be a second hand watch for the purpose of this Act, if such vendor shall keep a written or printed record setting forth the name of the purchaser thereof, the date of the sale or transfer thereof, and the serial number if any, or the case movement, and any other distinguishing numbers or identification marks, which said record shall be kept for at least two and one-half years from the date of such sale or transfer and shall be open for inspection during all business hours by the prosecutor or prosecutors of the county in which such vendor is engaged in business, or his duly authorized representative is engaged, or (b) Its case serial numbers or movement numbers or other distinguishing numbers or identification marks shall be erased, defaced, removed, altered, or covered; or (c) If its movements is more than five years old and has been repaired by any person or persons, including the vendor, notwithstanding that it may have been returned either through an exchange or for credit to the said original vendor. Cleaning and oiling a watch movement or recasing the movements in a new case shall not be deemed a watch repair for the purpose of this Act. When watch deemed second hand. Section 6. Any person or persons, firm or firms, partnership or partnerships, association or associations, corporation or corporations, or any agent or servant thereof, who shall violate any of the provisions of this Act shall be

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guilty of a misdemeanor and shall be punished by fine not to exceed the sum of Five Hundred ($500.00) or by imprisonment not to exceed one hundred days, or both. Penalty. Section 7. This Act shall take effect thirty days after the final passage and approval of this Act. Effective date. Section 8. That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved February 2, 1945. ACTS OF GENERAL ASSEMBLYFILING WITH SUPERIOR COURT CLERKS. No. 40. An Act to provide for the prompt filing of Acts of the General Assembly with the Clerk of the Superior Courts, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be the duty of the Secretary of State, within thirty days after any Act of the General Assembly, except local Acts and general Acts of local application, is approved by the Governor or becomes a law without such approval, to mail a copy thereof, with a certificate thereon showing the date it became law, to each Clerk of the Superior Courts in this State; and in like manner to mail a copy of each local Act or general Act with local application to the Clerk of the Superior Court of each County or Counties in which it has application. The Clerk of the Superior Court shall cause said copies to be carefully kept in bound volumes and open to public inspection at all reasonable hours. Acts to be mailed to Clerks of Superior Courts by Secretary of State. Section 2. All laws in conflict herewith are repealed. Approved February 2, 1945.

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POLL TAX REPEALEDREGISTRATION OF VOTERS. 92-108, 34-103, 34-203, 34-204, 34-115, 34-1303. No. 43. An Act to provide qualifications for voting, the method of registration of voters, the method of purging voters list by repealing in its entirety Section 92-108 of the Code of Georgia of 1933 relating to the levy and collection of a poll tax for educational purposes, by providing that the payment of the poll tax shall not be a requisite of voting, by amending Section 34-103 of the Code of 1933 relating to the form of oath required of an elector by striking that portion of the oath in reference to having paid all poll taxes, and lowering the age from 21 to 18, by amending Section 34-203 of the Code of Georgia relating to the list of persons being disqualified to vote by striking therefrom all reference to the non-payment of the poll taxes and providing for the removal from the registration list persons who have died and for the removal of persons from said list who have not voted in an election at some time held in the past two years, by amending Section 34-204 of the Code of Georgia relating to the preparation of the list of disqualified persons by the Tax Collector and Clerk of the Superior Court so as to provide for the disqualification of voters who have not voted in an election in two years or signified their intention to do so, by amending Section 34-115 of the Code of 1933 in reference to permanent registration so as to authorize registrars to require persons not voting in an election within a period of two years to either re-register or be stricken from the list by amending Section 34-1303 of the Code relating to consolidation of returns by providing for transmission of certain election records to Tax Collectors and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 92-108 of the Code of Georgia of 1933, relating to the levy and collection of a poll tax for educational purposes, which reads as follows:

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There shall be levied and collected each year upon every inhabitant of the State between the ages of 21 and 60 years, on the day fixed for the return of property for taxation, a poll tax of $1, which shall be used for educational purposes in instructing children in the elementary branches of an English education only: Provided, that this tax shall not be demanded of blind persons, or female inhabitants of the State who do not register for voting. (Acts 1918, p. 44; 1921, p 39; 1923, Extra Sess., p. 21; 1927, p. 57; 1935, p 12.) be, and it is, hereby repealed in its entirety. Code 92-108 repealed. Section 2. That the payment of a poll tax shall not hereafter be a requisite for the exercise of the privilege of voting in any primary or election by the people. Payment of poll tax not requisite to voting. Section 3. That Section 34-103 of the Code of Georgia of 1933, relating to the form of oath required to qualify an elector, be, and it is, hereby amended by striking from said section the words: That I have paid all poll taxes which I have had an opportunity of paying agreeably to law, and by striking the figures 21 where they appear and inserting the figures 18, so that when so amended, said Code Section 34-103 shall read as follows: Code 34-103 amended. To read as amended. The oath to qualify an elector shall be as follows: `I do swear, or affirm, that I am a citizen of the United States; that I am 18 years of age, or will be on the_____day of_____of this calendar; that I have resided in this State for one year, and in this county for six months, immediately preceding the date of this oath, or will have so resided on the_____day of_____of this calendar year; that I possess the qualification of an elector required by the Constitution; and that I am not disfranchised from voting by reason of any offense committed against the laws of the State, I further swear, or affirm, that I reside in the_____district, G. M., or in the_____ward of the city of_____, at number_____on_____street; my age is_____, my occupation_____,

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my color is_____.' Section 4. Section 34-203 of the Code of Georgia of 1933 relating to the lists of persons disqualified to vote is hereby amended by striking therefrom the words of non-payment of poll taxes in line 6 and by adding in line 9 the words or by reason of death as evidenced by the records of the local registrar of vital statistics or otherwise. The tax collector or tax commissioner, as the case may be, shall furnish the names of those removed from the list of registered voters for failure to request continuation of his registration after written notice stating that said registration will be cancelled for failure to vote within the past two years, so that said Section 34-203 as amended shall read as follows: Code 34-203 amended. Lists of persons disqualified to be filedThe tax collector, the ordinary and the clerk of the superior court of each county shall before the 20th day of April of each year, prepare and file with the county registrars a complete list, alphabetically arranged, of all persons living in the county on April 10th of that year, who appear to be disqualified from voting by reason of idiocy, insanity, or conviction of crime whose penalty is disfranchisement, unless such convict has been pardoned and the right of suffrage restored to him or by reason of death as evidenced by the records of the local registrar of vital statistics or otherwise. The tax collector or tax commissioner, as the case may be, shall furnish the names of those removed from the list of registered voters for failure to request continuation of his registration after written notice stating that said registration will be cancelled for failure to vote within the past two years. Said list shall also show the race of such personthat is to say whether white or colored. To read as amended. Failure to vote within past 2 years. Section 5. Section 34-204 of the Code of Georgia of 1933 relating to the preparation of the lists of disqualified persons by the tax collector and clerk of the superior court is hereby amended by striking therefrom the words insolvent tax lists in line 5 and the words tax execution

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dockets and tax executions in line 6 and by adding the words the tax collector or tax commissioner, as the case may be, shall also enter on the list of disqualified voters the names of those who have failed to vote in at least one election within the past two years and who have failed to request continuation of their registration after written notice that their registration will be discontinued for failure to vote in at least one election within the past two years so that said Section 34-204 as amended shall read as follows: Code 34-204 amended. Preparation of list of disqualified personsIn preparing said list of disqualified persons, the said tax collector, ordinary, and clerk of the superior court shall act upon the best evidence obtainable by them and they shall especially examine and consider the records of the criminal courts of the county, tax digests, wherever they may be. In the event that there is a difference of opinion among said three officers as to whether any name or names shall be placed on said list of disqualified persons, the concurrent votes of any two shall control in the matter. The tax collector or tax commissioner, as the case may be, shall also enter on the list of disqualified voters the names of those who have failed to vote in at least one election within the past two years and who have failed to request continuation of their registration after written notice that their registration will be discontinued for failure to vote in at least one election within the past two years. To read as amended. List of disqualified persons. Section 6. Section 34-115 of the Code of Georgia of 1933 in reference to permanent registration is hereby amended by adding in line 3 the words no person shall remain a qualified voter who does not vote in at least one election within a two year period unless he shall specifically request continuation of his registration in the manner hereinafter provided. Code 34-115 amended. Request for continuation of registration. Within sixty (60) days after the first day of January in each year beginning January 1, 1947, the tax collector or tax commissioner, as the case may be, shall revise and correct the registration records in the following manner:

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He shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general, special or primary election, state, county or municipal, within the two years next preceding said first day of January, except as may be forbidden by Article 2, Section 1, Paragraph 5 of the Constitution of the State of Georgia; provided, however, that on or before March 1st of said year he shall mail to each elector at the last address furnished by the registrant, a notice substantially as follows: You are hereby notified that according to State law, your registration as a qualified voter will be cancelled for having failed to vote within the past two years, unless on or before April 1st, of the current year you continue your registration by signing the statement below and returning it to this office or by applying in person. Application for continuation of registration: I hereby certify that I reside at the address given below and apply for continuation of my registration as a voter. Signature of elector_____ Present residence address_____ Date_____ Effective April, 1947, the tax collector or the tax commissioner, as the case may be, shall cancel the registration of all electors thus notified who have not applied for continuance and the names of all such electors shall be wholly removed from the list of qualified electors. Any elector whose registration has been thus cancelled may re-register in the manner provided for original registration, so that Section 34-115, as amended, shall read as follows: Qualified electors not required to again qualify and registerThe electors who have qualified and have signed the permanent voters' book shall not thereafter be required to register or further qualify, except as may be required by the board of registrars. No person

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shall remain a qualified voter who does not vote in at least one election within a two year period unless he shall specifically request continuation of his registration in the manner hereinafter provided. Within sixty (60) days after the first day of January in each year beginning on January 1, 1947, the tax collector or tax commissioner, as the case may be, shall revise and correct the registration records in the following manner: He shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general, special, or primary election, state, county or municipal, within the two years next preceding said first day of January, except as may be forbidden by Article 2, Section 1, Paragraph 5 of the Constitution of the State of Georgia; provided, however, that on or before March 1st of said year he shall mail to each elector at the last address furnished by the registrant, a notice substantially as follows: You are hereby notified that according to state law, your registration as a qualified voter will be cancelled for having failed to vote within the past two years, unless on or before April 1st, of the current year you continue your registration by signing the statement below and returning it to this office or by applying in person. Application for continuation of registration: I hereby certify that I reside at the address given below and apply for continuation of my registration as a voter. Application. Signature of elector_____ Present residence address_____ Date_____ Effective April 1, 1947, the tax collector or the tax commissioner, as the case may be, shall cancel the registration of all electors thus notified who have not applied for continuance, and the names of all such electors shall be wholly removed from the list of qualified

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electors. Any elector whose registration has been thus cancelled may re-register in the manner provided for original registrations. No person shall remain a qualified voter longer than he shall retain the qualification under which he registered. Section 7. Section 34-1303 of the Code of Georgia of 1933 relating to the consolidation and disposition of election returns is hereby amended by adding to Subsection 9 the following words After the clerk of the superior court has retained same for the period required by law, he shall transmit same to the tax collector or tax commissioner, as the case may be, for his records so that Section 34-1303, Subsection 9, as amended, shall read as follows: Code 34-1303. Subsection 9 amended. Consolidation and returns to Secretary of StateThe managers to consolidate the vote of the county shall consist of all those who officiated at the county site, or a majority of them, and at least one from each precinct. They shall make and subscribe two certificates, stating the whole number of votes each person received in the county; one of them, together with one list of voters and one tally sheet from each place of holding the election, shall be sealed up and without delay mailed to the Secretary of State; the other, with like accompaniment, shall be directed to the clerk of the superior court of the county and be by him deposited in his office. After the clerk of the superior court has retained same for the period required by law, he shall transmit same to the tax collector or tax commissioner, as the case may be, for his records. Each of said returns shall contain copies of the original oaths taken by the managers of the courthouse and precinct. Consolidation and returns to Secretary of State Section 8. All laws and parts of laws in conflict with this act are hereby repealed. Approved February 5, 1945.

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BRUNSWICK JUDICIAL CIRCUITSOLICITOR GENERAL'S SALARY. No. 51. An Act To amend the Act approved August 18, 1917, providing a salary for the Solicitor General of the Brunswick Judicial Circuit by fixing and providing a salary of Fifty-Two Hundred Dollars ($5200.00) per annum from the Counties in such circuit, to be paid monthly, and to provide the proportion of the salary to be paid by each of the several Counties; and for other purposes. Section 1. The Act of the General Assembly approved August 18, 1917, providing a salary to be paid by the Counties in the Brunswick Judicial Circuit to the Solicitor General of said Circuit is hereby amended by providing that the salary so paid by the Counties shall be Fifty-two Hundred Dollars ($5200.00) per annum to be paid monthly. Salary of Solicitor General Section 2. The portion of the salary payable by each of the counties composing the Brunswick Judicial Circuit to the Solicitor General thereof, in compensation for services as such Solicitor General, shall be paid by each of the counties, as follows, on the first day of each month: Jeff Davis County $ 34.67 Appling County 73.67 Counties in Circuit to pay pro-rata share. Wayne County 78.00 Glynn County 203.67 Camden County 43.33 Section 3. The effective date of said bill shall be February 1, 1945. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved February 8, 1945.

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DECLARATORY JUDGMENTS. No. 73. An Act to authorize the Superior Courts of this State to render declaratory judgments; to provide for the procedure for obtaining declaratory judgments; to declare the effect thereof; for other relief in connection therewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. (a) In cases of actual controversy the respective Superior Courts of the State of Georgia shall have power upon petition, or other appropriate pleading, to declare rights, and other legal relations of any interested party petitioning for such declaration, whether or not further relief is or could be prayed, and such declaration shall have the force and effect of a final judgment or decree and be reviewable as such. Declaratory judgments by Superior Courts. Force and effect. (b) In addition to the cases specified in paragraph (a) of this section, the respective Superior Courts of the State of Georgia shall have power upon petition, or other appropriate pleading, to declare rights and other legal relations of any interested party petitioning for such declaration, whether or not further relief is or could be prayed, in any civil case in which it appears to the Court that the ends of justice require that such declaration should be made, and such declaration shall have the force and effect of a final judgment or decree and be reviewable as such. Petition. Section 2. Further relief based on or included in a declaratory judgment or decree may be granted in the same suit. The court, in order to maintain the status pending the adjudication of the questions or to preserve equitable rights, may grant injunction and other interlocutory extraordinary relief, in substantially the manner and under the same rules as apply in equity cases. Further relief based on declaratory judgment. Section 3. When a declaration of right or the granting

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of further relief based thereon shall involve the determination of issues of fact triable by a jury, unless jury trial be waived, such issues shall be submitted to a jury of twelve in the form of interrogatories, with proper instructions by the court, whether a general verdict be required or not. Such instructions by the court shall in all respects be governed by the laws of Georgia relating to instructions or charges by a court to a jury. Jury trials. Section 4. A proceeding instituted under this Act shall be filed and served as other cases in the Superior Courts of this State and may be tried at any time designated by the court not earlier than twenty days after the service thereof, unless the parties consent in writing to an earlier trial. Trials may be had in term or in vacation. If there be an issue of fact which requires a submission to a jury, such jury may be drawn, summoned and sworn either in term or vacation. Filing and service. Trials. Section 5. In any proceeding under this Act the court may make such award or division of costs as may seem equitable and just. Costs. Section 6. No declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding involving the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard as a party. If a statute of the State, or any order regulation of any administrative body of the State, or any franchise granted by the State is alleged to be unconstitutional, the Attorney General of the State shall be served with a copy of the proceeding and shall be entitled to be heard. Parties. Section 7. Without limiting the generality of any of the foregoing provisions, any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, ward, next of kin, cestui que trust, in the administration of a trust or of the estate of a decedent, an infant, lunatic, or insolvent, may have a declaration of rights or legal relations in respect thereto and a declaratory judgment: Persons at interest.

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(a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others, or (b) To direct the executor, administrator, or trustee to do or abstain from doing any particular act in their fiduciary capacity, or (c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. Section 8. The enumeration in Section 7 does not limit or restrict the exercise of general powers conferred in Section 1, in any proceeding covered thereby where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove the uncertainty. Section 9. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. Section 10. Nothing in this Act is intended to impair the equity jurisdiction of the Superior Courts of the State as such jurisdiction now exists. Equity jurisdiction not impaired. Section 11. If any provision of this Act, or the application of such provision, to any person or circumstances shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other persons or circumstances shall not be affected thereby. Invalid parts. Section 12. All laws and parts of laws in conflict herewith are hereby repealed. Section 13. The purpose of this Act is to settle and afford relief from uncertainty and insecurity with the respect to rights, status and other legal relations, and is to be liberally construed and administered. Purpose of Act. Approved February 12, 1945.

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LAND REGISTRATION LAW AMENDED. 60-605, 60-612. No. 74. An Act to amend Code Sections 60-605 and 60-612 of the 1933 Code of Georgia relating to acknowledgments of service of petitions and process under the Land Registration Law of Georgia, by providing that such acknowledgment of service may be made in the presence of any person or official authorized by law to administer oaths, take acknowledgments, or act as notary public or official witness, in addition to those witnesses now specified in said Code Section, and for further 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 60-605 of the 1933 Code of Georgia be and the same is hereby amended by inserting immediately following the words the Examiner and immediately preceding the words and attested by such officer the following words: or any other person or official authorized by law to administer oaths, take acknowledgments, or act as a notary public or official witness, so that said Code Section, as amended, shall read as follows: 60-605 amended. Notary Public. 60-605. Acknowledgment of service: Acknowledgment of service may be made in the following form, provided it is entered on the petition or entitled in the cause and signed in the presence of the judge, the clerk, the examiner, or any other person or official authorized by law to administer oaths, take acknowledgments, or act as a notary public or official witness, and attested by such officer: To read as amended.

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Due and legal service of the within and foregoing petition for registration is acknowledged. Further service, process, and notice waived, this the _____ day of _____, 19_____. _____ in the presence of _____. Section 2. That Section 60-612 of the 1933 Code of Georgia, be and the same is hereby amended by inserting immediately following the words or of the examiner and before the words his signature the words or any other person or official authorized by law to administer oaths, take acknowledgments, or act as a notary public or official witness, so that said Code Section, as amended shall read as follows: 60-612 amended. Notary Public. 60-612. Same; waiver of service; acknowledgment of service.Any person entitled to notice or service of process under this Title may waive such notice or service by a written acknowledgment of service, or waiver of service, entered upon the petition or entitled in the cause and signed by him in the presence of the Judge of the Superior Court, or the Clerk of the Superior Court of the County, or of the examiner, or any other person or official authorized by law to administer oaths or take acknowledgments, or act as a notary public or official witness, his signature being attested by such officer. 60-612 to read as amended. 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 12, 1945. GENERAL ASSEMBLYOATHS. 47-105 No. 87. An Act to amend Code Section 47-105 relating to the administration of oaths to the members of the General

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Assembly by Justices of the Supreme Court or Judges of the Superior Courts by adding thereto the Judges of the Court of Appeals; 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. Code Section 47-105, which reads as follows: 47-105. Who administers oath to members.The oaths of office prescribed by Const., Art. III, Sec. IV, Par. V (Sec. 2-1505), may be administered to the members of the General Assembly by any Justice of the Supreme Court, or Judge of the superior courts, to be procured by the person organizing each branch. 47-105 amended. be and the same is hereby amended by adding after the words Supreme Court and before the words or judge of the superior courts the following, Judge of the Court of Appeals, so that said section as amended will read as follows: 47-105. Who administers oath to members,The oaths of office prescribed by Const., Art. III, Sec. IV, Par. V (Sec. 2-1505), may be administered to the members of the General Assembly by any Justice of the Supreme Court, Judge of the Court of Appeals, or judge of the superior courts, to be procured by the person organizing each branch. To read as amended. Oath administered by Justice of Supreme Court; Judge of Court of Appeals; Judge of Superior Court. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 12, 1945. WILLSPHOTOSTATIC COPIES. No. 92 An Act to provide for the exhibition of a photostatic copy of a will to any witness to said will residing without the State of Georgia, where the testimony of such witness is taken in accordance with the provisions

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of Section 113-609 of the Code of Georgia; and to provide that such testimony be given the same weight as though the original will had been so exhibited; and for 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 where it is desired to take the testimony of a witness without the State of Georgia in accordance with the provisions of Section 113-609 of the Code of Georgia, the Ordinary may attach to such commission a photostatic copy of said will, which shall be exhibited to such witness at the time of taking his testimony, and returned with said commission. Photostat of will in examining, by commission, witness to will. Section 2. That the testimony of a witness to whom such photostatic copy has been exhibited shall be given the same weight as though the original will had been exhibited to such witness. Weight of testimony. Section 3. That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Repealing clause. Approved February 12, 1945. CONDEMNATIONEVIDENCE. No. 103. An Act to provide for the admissibility in evidence in all actions for the condemnation of real property of evidence as to the value of other comparable properties in all events and under all circumstances: 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 condemnee in all actions for the condemnation of real property tried in accordance with the laws of this State shall be permitted to introduce in evidence the value of

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any other real property of comparable use, wheresoever situated and whether the same has been previously acquired by the condemnor in such action or not. Value of other realty as evidence. Section 2. The condemnee in any such action shall be permitted to show in evidence the price paid by the condemnor therein for any comparable property acquired by the condemnor within two years prior to the institution of the condemnation proceeding in which such evidence is sought to be introduced. Same. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved February 16, 1945. SHERIFFS' FEES. No. 104. An Act to amend an Act of the General Assembly of Georgia approved August 12, 1918, entitled An act to fix the amount of fees the Sheriffs of this State shall be entitled to charge and collect for the performance of official duties, and for other purposes. (Georgia Laws, 1918, page 226), as amended by an Act approved March 11, 1943, entitled An Act to provide compensation for the Sheriffs in summoning a jury while the city or superior courts are in session, and for other purposes. (Georgia Laws 1943 page 591), so as to provide fees for the Sheriffs of the several counties of this State for each juror summoned for attendance upon either the city or superior courts of this State, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage and approval of this Act section one of an Act approved August 12, 1918 (Georgia Laws 1918, page 226) be, and the same hereby is, amended by striking from said Act, and from Section One thereof. the following words: For

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summoning a jury at or during any term of City or Superior Court, each jury $10.00, which are lines eleven, twelve and thirteen of said Act and Section One thereof, and substituting therefor the following words: Act of 1918 amended. For summoning each juror, grand or traverse, drawn to serve at any regular term of any city or superior court; or any tales juror, grand or traverse, drawn during any term of any city or superior court, the sum of fifty cents. So that when amended said Act, and the amended part of section one thereof, shall read: The Sheriffs of this State shall be entitled to charge and collect for official duties performed by them the following fees, to wit: For summoning each juror, grand or traverse, drawn to serve at any regular term of any city or superior court; or any tales juror, grand or traverse, drawn during any term of any city or superior court, the sum of fifty cents. However, in all counties of this State where the Sheriff is paid a salary only, the provisions of this Act shall not apply. Sheriff's fee for summoning juror. Exception. Section 2. Be it further enacted, that the Act of 1943, which is entitled An Act to provide compensation for Sheriffs in summoning a jury while the city or Superior courts are in session, and for other purposes (Georgia Laws 1943, page 591) is expressly hereby repealed. Act of 1943 repealed. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved February 16, 1945. PROCEDURE AND PRACTICE IN COURTS PRESCRIBED BY SUPREME COURT. No. 106. An Act to provide for the making of Procedure and Practice in the Courts of this State simpler and more expeditious, and to make litigation less expensive and cumbersome; to that end to vest in the Supreme

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Court of Georgia and the Justices thereof the power to prescribe, modify, and repeal rules of procedure and pleading and practice in civil actions and civil proceedings of all kinds in the Courts of this State, and of the practice and procedure for appeal or review in all cases, civil and criminal, to or from any of the Courts of this State; to provide for the taking effect of such rules, and for other purposes: Be it enacted by the General Assembly of Georgia: Section 1. The Supreme Court of Georgia and the Justices thereof shall have power to prescribe, modify, and repeal rules of procedure and pleading and practice in civil actions and civil proceedings of all kinds in the Courts of this State, and of practice and procedure for appeal or review in all cases, civil and criminal, to or from any of the Courts or Tribunals of this State. Such rules shall not abridge, enlarge, or modify the substantive rights of any litigant. Supreme Court authorized to prescribe procedure rules. Section 2. Whenever the Spreme Court shall have adopted or prescribed any rules under this Act, they shall be reported by the Court to the General Assembly of the State of Georgia at the next regular session thereof, or extraordinary session authorized by law to consider and ratify them. They shall not take effect until they shall have been ratified and confirmed by the General Assembly of Georgia by an Act or Resolution thereof. Report to General Assembly. When effective. Section 3. The Supreme Court is authorized from time to time to repeal, modify, or amend any rule adopted or prescribed by it, but no such repeal, modification, or amendment shall be effective until it shall have been ratified by an Act or Resolution of the General Assembly of Georgia. Change of such rules. Section 4. The Supreme Court shall appoint a committee or committees from the Bar of this State to aid in the preparation of rules. Committee from bar to aid. Section 5. This Act shall not be construed as constituting an abandonment or disclaimer of the power of the General Assembly to enact laws regulating procedure in the Courts of this State. General Assembly's authority retained.

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Section 6. All laws and parts of laws in conflict herewith, are hereby repealed. Repealing clause. Approved February 16, 1945. SHERIFFSSERVICE OF PROCESS, ETC., IN STATE. No. 107. An Act to provide for the service of process, summons and notices in this State, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any process, summons, or notice, in connection with any civil action or proceeding in any County in this State may be served by the Sheriff of that County or any of his Deputies upon the party upon whom said process, summons, or notice is to be served in any County in this State, where such party may be found; or if the party to be served is not a resident of the County in which the action or proceeding is pending, he may be served in any other County in which he may be found by the Sheriff of that County, or his Deputies, delivering to said party such process, summons, or notice, or by serving such party in any manner now provided by law. Whatever Sheriff or Deputy shall serve such process, summons, or notice may make the return of service upon the original or a second original. Upon the request of the party or his attorney, desiring the service to be made, the Clerk of the Court in the county in which the action or proceeding is pending shall issue one or more second originals upon which such entries of service may be made and returned to the proper Court. It shall be no objection to the service or the return that the process or summons was not directed to the officer making the service. Service of process, summons or notice upon party in any county. Return of service. Second originals. Direction to officer serving process unnecessary. Section 2. This Act shall be cumulative of other laws on the subject and repeals no existing statute providing for service of process, summons, or notice, but merely provides an additional method. Cumulative. Section 3. For serving any process, summons, or notice in a County other than the County of his residence, a

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Sheriff shall be entitled to fees of ten cents (10c) per mile for each mile traveled in the serving of any process, summons, or notice outside of the county of his residence, whether such service be made by the Sheriff or a Deputy. Sheriff's fees. Such fees shall be taxed as a part of the costs in the case to which such process, summons, or notice pertains. The Sheriff, before serving or having served such process, summons, or notice outside of the county of his residence, shall have a right to require the party or his attorney requesting such service to deposit with him a sufficient amount to cover the mileage fees herein provided for. Deposit for fees. Approved February 16, 1945. COUNTY LINES CHANGED IN CERTAIN COUNTIES. REFERENDUM. No. 111. An Act to provide for the method of changing county lines lying within the limits of incorporated towns and cities; to provide for an election and rules under which such election shall be held; to provide that this Act shall not apply to towns or cities having less than twelve hundred nor more than fourteen hundred population; to provide for the making and filing of a survey showing the change in such county lines after the election provided herein; to provide for the payment of expenses incurred; and for 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 whenever the boundary-line of one or more of the Counties of this State shall lie within the corporate limits of any town or city having more than twelve hundred (1200) and not over fourteen hundred (1400) inhabitants, according to the 1940 census of the United States, and it is desired to change the county lines and bring the said town or city wholly within the limits

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of one county only, the change of such county lines shall be effected in the following manner: Change of boundary line within certain cities. The municipal authorities of said town or city shall submit the matter as herein provided to the lawful voters of said municipality at any general election therein, or at any special election for that purpose, after advertising the same in either case once a week for four weeks, in the public gazette in which the sheriff's advertisements are published, in each of the counties whose boundary lines lie within the limits of said municipality, and also in a public gazette, if there be one, published therein. Said special election shall be held not earlier than thirty days after the publication of the first notice. All qualified voters residing within the corporate limits of the town or city calling such election shall be eligible to vote therein. The municipal authorities calling such election shall open the registration books of such town or city thirty days before the day of holding such election, and any person who is otherwise qualified to vote for members of the General Assembly of Georgia, may register in such town or city and become qualified to vote in such election; provided that the registration books shall close ten days before such election is held. The municipal authorities of such town or city shall appoint three managers to hold such election, and such managers shall be furnished with a list of the registered voters who are qualified to vote in such election, and no person whose name does not appear upon such list of voters shall be eligible to vote in such election. The election shall be held under the same rules and regulations as are elections for members of the General Assembly. The returns of such election shall be filed by the managers of the election with the governing officials of such town or city, and the managers shall meet with such governing officials on the day following such election, and they acting jointly shall canvass the returns and declare the result of such election. At any such general or special election the question shall be submitted in such manner as to enable each voter to say whether he desires any change in the existing county lines, and which of the adjacent

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counties he desires the municipality to be included within. Whenever, at any such general or special election, a majority of the votes cast thereat shall be in favor of changing the county lines so as to bring the municipality wholly within the lines of any particular one of the adjacent counties, the mayor and clerk of said town or city shall within thirty days certify the results of such election to the ordinaries or boards of county commissioners or other officers having control of the county business in each of the counties affected. The said municipal and county authorities shall thereupon proceed to readjust and change the lines of the counties affected in such manner as to include the said municipality wholly within the limits of the particular county fixed upon by said election, and shall cause a description and map of the new lines to be filed and recorded in the offices of the clerks of the Superior Courts of each county affected, and shall cause an official notice of the change and description to be published once a week for four weeks in a public gazette in their respective counties, and thereupon the new line or lines shall be held to be established line in lieu of the original line or lines. All costs incurred in connection with the said change of line or lines shall be paid by the said town or city desiring the same. Referendum. Notice of change. Costs. Section 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 20, 1945. WAR VETERANS MEMORIAL BUILDING COMMISSION. No. 120. An Act to create a War Veterans Memorial Building Commission; to provide for the appointment and terms of the members; to provide that the members shall serve without compensation except for actual expenses; to provide the powers and duties of such Commission; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. There is hereby created a War Veterans Memorial Building Commission, to be composed of nine members, who must be citizens of this State and honorably discharged veterans of some branch of the military service of the United States, in the Spanish-American War, or World War I, or World War II. The appointments to such Commission shall be made by the Governor for terms of six years, dating from the first appointments, and shall be subject to confirmation by the State Senate. Vacancies in office shall be filled by appointment by the Governor for unexpired terms. The Governor shall designate as Chairman one of the members of such Commission. The members of the Commission shall serve without compensation except for actual expenses incurred in the discharge of their duties. Commission of 9 members, veterans. Appointment and terms. Section 2. Any building or buildings which shall be erected by the State of Georgia as a War Memorial shall be under the supervision of the War Veterans Memorial Building Commission. It shall be the duty of such Commission, subject to the approval of the State Supervisor of Purchases and the State Budget Bureau, consisting of the Governor and the State Auditor, to contract in behalf of the State with architects and contractors for designs, plans, materials, and erection of any structure by the State as a War Memorial Building. Contracts. Section 3. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 23, 1945. BAR EXAMINATIONS. No. 158. An Act to provide for the holding of bar examinations in this State, to repeal all laws in conflict therewith, and for 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 Justices of the Supreme Court shall be authorized to make and adopt rules as to the making of application

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to take examination and as to the time, manner and places of holding examinations for admission to the bar of this State and are hereby specifically authorized to provide for the holding of said examinations under the supervision of the Board of Bar Examiners at not more than three cities, under such rules and regulations as may be prescribed by them, and may provide for said examination to be held over such period of days as in their judgment shall be fair to the applicant for examination, provided, that nothing in this Act shall be construed as limiting applicants for admission to the Bar to college trained persons. Supreme Court authorized to adopt rules governing bar examinations. 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 26, 1945. FOREIGN CORPORATIONSMINERAL RIGHTS. 22-1504. No. 160. An Act to amend Section 22-1504 of the Code of 1933 requiring any foreign corporation claiming to own lands in quantity amounting to as much as 5,000 acres to be incorporated by the laws of this State, by providing therein that said Section shall not prohibit any foreign corporation from owning or claiming to own minerals on, in and under lands in this State aggregating more than 5,000 acres or any right or interest in such minerals under lease, grant or other agreement including, but not limited to, the right to use the surface of the land and other enumerated rights and interests and excepting such rights and interests in land from the effect of such Section, 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 Section 22-1504 of the Code of Georgia

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for 1933 be and the same is hereby amended so as to add at the end thereof the following: Provided, however, the prohibition contained in this Section shall not prohibit any foreign corporation from owning or claiming to own, oil, gas, sulphur, coal, gold, lead and other minerals, whether of similar or dissimilar character to those enumerated, on, in and under lands in this State aggregating more than 5,000 acres, or any of such minerals or any right or interest therein under lease, grant, deed, contract or other form of conveyance or agreement including, but not limited to, royalty interest, overriding royalty interest, payment out of or measured by production thereof, leasehold interest, the right to investigate, explore, prospect, drill, mine, produce, save, receive, take, take care of, treat, transport by pipeline or otherwise and own such minerals or any of them and the right to use the surface of any land for the purpose of investigating, exploring, prospecting, drilling, mining for, producing, saving, receiving, taking, taking care of, treating, transporting by pipeline or otherwise and owning such minerals, or any of them, and despite the fact that rights or interests in such minerals are interests in land, same are excepted from the effect of this Section. Amendment. So that said Section, shall, when amended by this Act, read as follows: 22-1504 (2206) Ownership of land by foreign corporation.Any foreign corporation claiming to own lands in this State in quantity amounting to as much as 5,000 acres, shall be incorporated by the laws of this State; and on its failing to do so, the State will not consent to the said corporation owning said lands so located in her territory. Any foreign corporation which shall thereafter claim to own land in this State in quantity amounting to 5,000 acres or upwards, shall become incorporated by the laws of this State, and in default thereof this State will not consent that said foreign corporation shall own said lands in her territory; and no foreign corporation shall own more than

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5,000 acres of land except upon the condition of becoming a corporation under the laws of this State; provided, that this Section shall not apply to any foreign corporation engaged in the business of lending money on real estate security, nor to any such corporation holding a lien upon real estate to secure the payment of any debt, when said corporation, in order to prevent loss, is compelled to become the purchaser of lands covered by deed or mortgage to secure a loan; and provided, however, that the benefits and privileges of the foregoing proviso shall not apply to any foreign corporation which does or may lend money in this State at a greater rate of interest than eight per cent. per annum. In estimating the amount of interest charged, there shall be included any and all commissions or fees which may be paid to said company or its duly authorized agents: Provided, however, the prohibition contained in this Section shall not prohibit any foreign corporation from owning or claiming to own, oil, gas, sulphur, coal, gold, lead and other minerals, whether of similar or dissimilar character to those enumerated, on, in and under lands in this State aggregating more than 5,000 acres, or any of such minerals or any right or interest therein under lease, grant, deed, contract or other form of conveyance or agreement including, but not limited to, royalty interest, overriding royalty interest, payments out of or measured by production thereof, leasehold interest, the right to investigate, explore, prospect, drill, mine, produce, save, receive, take, take care of, treat, transport by pipeline or otherwise and own such minerals or any of them and the right to use the surface of any land for the purpose of investigating, exploring, prospecting, drilling, mining for, producing, saving, receiving, taking, taking care of, treating, transporting by pipeline or otherwise and owning such minerals, or any of them, despite the fact that rights or interests in such minerals are interests in land, same are excepted from the effect of this Section. Ownership of 5,000 acres or more by foreign corporation. When realty securing debt is excepted. Foreign corporation's mineral interests excepted.

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Section 2. That all laws or parts of law in conflict with this Act be and the same are hereby repealed. Approved February 26, 1945. JUDICIAL COUNCIL CREATED. No. 171. An Act to create a Judicial Council for the State of Georgia, to provide for the membership thereof; and its duties and authority: 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. There is hereby created a Judicial Council for the State of Georgia. The said Council shall be composed of the Chief Justice of the Supreme Court, the Chairman of a Judiciary Committee of the Senate to be designated biennially by the President of the Senate, and the Chairman of a Judiciary Committee of the House to be designated biennially by the Speaker, another Justice of the Supreme Court, a judge of the Court of Appeals, two trial judges, five lawyers in active practice and three laymen. All the said members except the Chief Justice of the Supreme Court and the Chairmen of the Judiciary Committee, shall be appointed by the Governor for terms of one, two and three years respectively, the Governor to designate the terms of each appointee and provide as nearly as may be, for the expiration of one-third of the membership, at the end of the first, second, and third years, respectively. At the end of the term of the original appointees, the Governor shall make appointments in each instance, for a term of three years. Any Justice or Judge, upon the said Council, who shall cease to be a Judge or Justice, or any chairman of the Judiciary Committee who shall cease to be such chairman, shall thereupon cease to be a member of the Council, and in the cases of the Chief Justice and the Chairmen of Judiciary Committees, their successors shall become

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members of the Council, and in the case of other Justices and Judges who so cease to be members, appointments of successors of the same classes, shall be made by the Governor. All vacancies shall be filled by the Governor for the unexpired term of the member whose place is being filled. Judicial Council. Members. Appointment and terms. Vacancies. Section 2. The Judicial Council shall meet at such times and places as it shall determine; shall elect its own officers and fix its own rules for the transaction of its business. Meetings. Officers. Rules. Section 3. The members of the said Council shall receive no compensation for their services, but shall receive their actual expenses while engaged in the work of the said Council. Expenses. Section 4. Upon an appropriation for that purpose, the said Council may employ a secretary, and such other assistance as may be found necessary and to incur such other expenses as may be found necessary to carry on the work of the Council. The Council is authorized to receive gifts to enable it to carry on its work. Secretary. Section 5. The Judicial Council is authorized to recommend for adoption by the Supreme Court or the Justices thereof rules of practice and procedure in trial and appellate Courts of this State. Rules of practice and procedure. Section 6. It shall be the duty of the Council: 1. To make continuous study of the organization of the Courts; the rules and method of procedure and the practice of the judicial system of the State; of the work accomplished, the results attained and the uniformity of the discretionary power of the courts, to the end that procedure may be simplified, business expedited, and justice better administered. Duties of Council. 2. To receive and consider suggestions from judges, public officers, members of the bar, and citizens, touching remedies for faults in the administration of justice. 3. To formulate methods for simplifying judicial procedure,

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expediting the transaction of judicial business, and correcting faults in the administration of justice. 4. To gather judicial statistics from the several judges and other court officials of the State. 5. To study and make suggestions regarding admission to the bar, the conduct of attorneys admitted to practice and disbarment, and to file such suggestions and the recommendations thereon, with the Supreme Court and the Governor. 6. To make a complete detailed report, on or before December 1st of each year, to the Governor and to the Supreme Court of all of its proceedings, suggestions and recommendations, and such supplemental reports from time to time as the Council may deem advisable. All such reports shall be considered public reports and may be given to the press of this State, as soon as filed. 7. To make investigations and reports upon such matters, touching the administration of justice as may be referred to the Council by the Supreme Court or the General Assembly. 8. To make a careful and thorough study of the cost of the courts and of the administering of justice in the State, and to gather statistics and data thereon, and report the same from time to time to the General Assembly, with their recommendations for effecting economies and reducing the cost of the State and Counties and to litigants in the several courts of the State. Section 7. The clerks of the various courts of record in this State, judges and justices of courts not of record, and sheriffs and police officers, shall on request of the Judicial Council, without charge, furnish such information relating to rules, methods and procedure in vogue in their respective courts, and the condition of legal business therein, as may be deemed necessary by the Council for performing its duties. Information from Clerks of Courts, etc. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 28, 1945.

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MOTOR FUEL TAX LAWKEROSENE. No. 172. An Act to amend, construe and clarify an Act approved March 18, 1937 (Georgia Laws 1937, pages 167-207) known as the Motor Fuel Tax Law, 1933 Code of Georgia, Chapter 92-14, as amended; to further amend Sections 92-1402 and 92-1403 of said Code so as to clarify the definition of motor fuel and to make clear that kerosene, when not sold or used for illuminating, heating, or cooking purposes, but used or sold for use as a fuel for the propulsion of motor vehicles on the public highways was in said original Act intended to be considered motor fuel and not subject to the kerosene tax of 1c per gallon in said Act provided; 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. In order to clarify the definition of Motor Fuel Subsection (B) of Section 92-1402 of the Georgia Code of 1933 as such Section was enacted by the Motor Fuel Tax Law (Georgia Laws 1937, pages 167-207) be, and the same is hereby amended by striking therefrom the words and/or and inserting in lieu thereof the word or, so that said subsection when amended shall read as follows: 92-1402. 92-1402. (B) Motor Fuel shall mean and include all products commonly or commercially known or sold as gasoline, benzol, benzine, or naphtha, regardless of their classification or uses, and any other liquid of a kind prepared, advertised, offered for sale or sold for use as, or used as, a fuel for internal combustion engines; except that it does not include kerosene, or any other petroleum products with a flash of more than one hundred degrees (100) Fahrenheit or with an initial boiling point of two hundred degrees (200) Fahrenheit, or over (as determined by the distillation tests prescribed by the Bureau of Mines

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of the United States Government for gasoline), when such products are sold for use otherwise than as a fuel for the propulsion of motor vehicles on the (public highway, provided that nothing in this Act shall exclude) [sic] the tax on the sale or use of kerosene of one cent per gallon, placed on same by Section (B) of Subsection 92-1403 of Section 1 of said Bill. Definition of Motor Fuel. Tax on kerosene 92-1403. Section 2. Subsection (E) of Section 92-1403 of the Georgia Code of 1933, as amended, (Georgia Laws 1937, pages 167-207) be, and the same is hereby, amended by striking therefrom the words and/or and inserting in lieu thereof the word or, so that said Subsection as amended shall read as follows: 92-1403 (E) (D) [sic] Provided further, that the six ($0.06) cents per gallon tax on the sale or use of motor fuel shall not be imposed upon the sale of kerosene or any other petroleum products with a flash of more than one hundred degrees (100) Fahrenheit, or with an initial boiling point of two hundred degrees (200) Fahrenheit, or over (as determined by the distillation tests prescribed by the Bureau of Mines of the United States Government for gasoline), when such products are sold for use otherwise than as a fuel for the propulsion of motor vehicles on the public highways. Tax not imposed on kerosene when not used as motor fuel. Section 3. Subsection (C) of Section 92-1402 of the Georgia Code of 1933, as amended, (Georgia Laws 1937, pages 167-207), is hereby amended by adding at the end thereof the following sentences: 92-1402 (C). When such petroleum oil (kerosene) is actually used or sold, bought, handled, possessed, compounded or blended, for use as a motor fuel for the propulsion of motor vehicles on the public highways, it shall for the purposes of this Act be deemed to be `motor fuel' and not `kerosene' and the sale or use thereof shall not be taxable hereunder as `kerosene'. If the kerosene tax of 1 cent per gallon shall previously have been paid in respect to any such motor fuel or any component part thereof, such tax shall be credited upon the payment of

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any motor fuel tax thereafter collected in respect to same, it not being intended that there shall be double taxation. When kerosene taxed. Section 4. Subsection (F) of Section 92-1403 of the Code of 1933, as amended, is hereby stricken and a revised Subsection (F) of Section 92-1403 is hereby substituted in lieu thereof to read as follows: 92-1403 (F). Provided further, that the taxes imposed in this section shall be collected by and paid to the State but once in respect of the sale or use (consumption) of the same motor fuel and/or kerosene, and shall not be construed to apply to the storage, withdrawal, compounding, blending or any other handling of such motor fuel and/or kerosene preliminary or preparatory to such sale or use. Tax not applicable to storage, etc. Section 5. All laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 28, 1945. STATE REVENUE COMMISSIONERCONFIDENTIAL INFORMATION. No. 175. An Act to amend an Act of the General Assembly 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, etc; approved January 3, 1938, (Ga. L. 1937-38 Ex. Ses. pp. 77-103) and all amendments thereto, by adding at the end of Section 12 of said Act, which provides that the information secured by the State Revenue Commissioner incident to the administration of any tax law shall be confidential and forbids the Commissioner or any member of his staff divulging or disclosing such confidential information obtained from the department's records or from an examination of the business of the taxpayer, a proviso as follows:

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Providing further that the provisions hereof shall not apply to information, records and reports required and obtained under Chapter 92-14, titled Motor Fuel and Kerosene, which requires dealers in gasoline and motor fuels to make reports of the amount of motor fuel and/or kerosene sold and used in each county by said dealer;and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act of the General Assembly 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, etc., approved January 3, 1938 (Ga. L. 1937-38 Ex. Ses. pp. 77-103) and all amendments thereto, be and the same is hereby amended by adding a proviso at the end of Section 12 of said Act, as follows: Act of 1938 amended. Providing further that the provisions hereof shall not apply to information, records and reports required and obtained under Chapter 92-14, titled Motor Fuel and Kerosene, which requires dealers in gasoline and motor fuels to make reports of the amount of motor fuel and/or kerosene sold and used in each county by said dealer; so that said Section 12, when so amended, shall read as follows: Section 12. Secrecy Provision. The information secured by the Commissioner incident to the administration of any tax shall be confidential and privileged and neither the Commissioner nor any member or members of his staff shall divulge or disclose any such confidential information obtained from the department's records or from an examination of the business of any taxpayer to any person other than the Commissioner or members of his staff, or to an officer of the State or local government entitled in his official capacity to have access thereto; or to the taxpayer; provided that the Revenue Commissioner may furnish

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such confidential information to the appropriate tax or legal official of another state, territory or country or of the United States Government if the office or officer of said state, territory, or country makes its own records available to the Revenue Commissioner of Georgia; provided, further, that furnishing such information to any other state, territory, country or the Federal Government shall not be deemed to change the confidential character of such information; and provided, further, that nothing herein contained shall be construed to prevent the use of confidential information as evidence before any state or federal court in the event of litigation involving tax liability of any taxpayer. It is specifically provided, moreover, that the provisions of this Act respecting secrecy shall not be deemed to prevent the publication of statistics so arranged as not to reveal information respecting an individual taxpayer; and shall not apply in any sense whatsoever to any official finding of the Revenue Commissioner as respects any assessment or any information properly entered upon an assessment roll or other public record. Nor shall the provisions hereof affect any information which, in the regular course of business, is by law made the subject matter of a public document in any federal or state office or in any local office in Georgia. Providing further that the provisions hereof shall not apply to information, records and reports required and obtained under Chapter 92-14, titled Motor Fuel and Kerosene, which requires dealers in gasoline and motor fuels to make reports of the amount of motor fuel and/or kerosene sold and used in each county by said dealer. Secrecy provision. When not applicable. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 3, 1945.

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TAX DIGESTS, RETURNS, COLLECTIONS AND RECORDS IN CERTAIN COUNTIES. No. 176. An Act to require Tax Receivers in the counties in this State having a population of not less than 38,000 and not more than 41,025 inhabitants by the United States Census of 1940 to list in the white and colored Tax Digests respectively the names of the tax payers in continuous alphabetical order in said digests according to the names of tax payers, without segregation by militia districts, or other local subdivisions, and to relieve the Tax Receivers and Tax Collectors in said counties from visiting the militia districts in such counties for the purpose of receiving tax returns, and making tax collections. To require the current tax returns and tax digests and other records usually kept by the Tax Receivers and Tax Collectors shall at all times be available at the respective offices of said officials, except at such time or times as the same are being bound for permanent record. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the Tax Receivers of all counties in this State having a population of not less than 38,000 and not more than 41,025 inhabitants by the United States Census of 1940, be, and they are hereby required to list in the white and colored Tax Digests respectively the names of the tax payers in continuous alphabetical order in the said digests according to the names of the tax payers, without segregation by militia districts, or other local subdivisions. Names listed in digests Section 2. Be it enacted by the authority aforesaid that from and after the passage of this Act, that the current tax returns, tax digests, and all other records usually kept by the Tax Receiver and Tax Collectors in counties affected by section 1 of this Act, shall at all times be available at the respective offices of the said

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tax officials, and shall not be removed therefrom except at such times when the same shall have been compiled and sent to a printer for binding into a permanent volume, or under the usual process of the courts. Records to be available at all times. Section 3. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the Tax Receivers in the counties affected by section 1 of this Act be, and they are hereby relieved from complying with paragraphs number 3, 4, 5, and 6 of chapter 92-46 section 92-4611 of the Code of Georgia of 1933, and in like manner the Tax Collectors of said counties are hereby relieved from complying with paragraph 5 of chapter 92-49, section 92-4901 of said code. 92-4611, 92-4901. 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 3, 1945. OYSTERSSHIPPING REGULATED. No. 177. An Act to amend an Act entitled 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; etc., approved March 4, 1943 (Acts 1943, pp. 543-547) by adding thereto a new Section to be appropriately numbered and to provide a manner and method of handling and shipping of oysters in the shell, and for the protection of land owners and commercial fishermen engaged in the oyster industry; to make the violation of this amendment a misdemeanor and prescribe its punishment; 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 each and every person, firm or corporation handling or shipping oysters in the shell, in addition

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to the requirement set forth in the Act hereby amended, shall when shipping oysters in the shell, ship them in clean containers in either barrels, bags, crates or baskets. To each such barrel, bag, crate or basket there shall be attached a tag obtained from the Coastal Fisheries Office, which tag shall be furnished free of cost, which tag shall indicate the source, date of gathering, name and address of consignee, kind of shell stock in container, name of shipper and State Public Health Certificate number. There shall be attached to the reverse side of the tag occupational oyster stamps in a sufficient number showing that the tax as required by Section 2 of the Act of 1943, which act is hereby amended, has been fully paid. Clean containers. Tag attached Act 1943 amended. Section 2. Each and every person, firm or corporation who shall fail to ship or handle oysters in shell stock in clean containers, in either barrels, bags, crates or baskets, or shall fail to attach thereto the tag containing the information called for in Section 1 of this Act shall be guilty of a misdemeanor and shall be punished as for a misdemeanor. Violation misdemeanor. Section 3. That all laws and parts of laws in conflict herewith be, and the same are, repealed. Approved March 3, 1945. WAR VETERANS' CHILDREN EDUCATED. No. 201. An Act to amend an Act approved August 7, 1931, amending an act approved April 10, 1926, which provided for the expenditure of certain sums to assist in the education of children of soldiers, sailors and marines killed in action in World War I, by providing identical aid to children of members of the armed forces of the United States killed in World War II, or who have died subsequent to discharge from disabilities suffered as a result of service; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. This Act shall be cited: The Major General Peter C. Harris Act, to recognize the magnanimity of the great Georgian and war-time Adjutant General of the Army (1917-1918) who devoted his well earned leisure in retirement of [sic] the orphans of men who fell in the battles of their country. Section 2. Said amendatory act is amended by striking section 2 in its entirety and adding in lieu thereof a new section, to be designated section 2, and to read as follows: Act amended Section 2. From and after the passage of this act the State Department of Veterans Service is hereby authorized to expend from any funds which may hereafter be appropriated, or donated such sums as might, in its discretion, be necessary to pay matriculation fees, tuition, subsistence, books supplies for the use and benefit of children not under sixteen nor over twenty-one years of age, and who have, for a period of time not less than twelve months in duration immediately preceding the application for benefits hereunder, had their domicile in the State of Georgia, of members of the armed forces of the United States of America who were killed in action or died from other causes during a war period as defined in Public Law No. 273rd Congress and by Public Law No. 24678th Congress, or who died as a result of such service, which child or children are attending, or may attend any educational or training institution of a secondary or college grade located in this state. Such child or children shall be admitted to state institutions of secondary or college grade free of tuition. Education of veterans' children. Domiciled in Georgia. Section 3. Section 3 of said amendatory act is amended by striking therefrom the words Director of the Veterans Service Office and the words Director wherever the same occur and inserting in lieu thereof the words State Department of Veterans Service, so that said section, when amended, will read as follows: Sec. 3 amended

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Section 3. Such amounts as might become due to any educational or training institution under this authority shall be payable to such institution from the funds referred to in section 2 of this act on vouchers approved by the State Department of Veterans Service. Said department shall determine the eligibility of applicants for benefits under this Act, and shall satisfy itself of the attendance, good record and deportment of selectees, and of the accuracy of any representation against such made by the authorities of any such institution. To read. Section 4. Section 4 of said amendatory act is amended by striking the character and figures, to-wit: $150.00 appearing in the first line of said section and inserting in lieu thereof the character and figures $300.00, so that, when amended, said section will read as follows: Sec. 4 amended Section 4. It is provided that not more than $300.00 shall be paid under this law for any one child for any one year. $300.00 per child per year 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 6, 1945. ADMINISTRATION UNNECESSARY IN CERTAIN CASES. No. 202. An Act to provide procedure by which heirs at law of a deceased owner of real or personal property located in this State, who dies intestate, and upon whose estate no proceedings for administration have been instituted, may apply for and obtain from the Court of Ordinary an order finding that no administration on the estate of the deceased owner is necessary; to provide for inquiry and determination by the Ordinary into the existence or non-existence of debts of the deceased owner; to provide for determination by the

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Ordinary of the ages, identities and capacities of heirs at law of such deceased owner; to provide for the granting of an order by the Court of Ordinary finding that no administration of such estate is necessary; to provide for the issuance and publication of appropriate citation; to provide that the title to real or personal property thereafter sold or encumbered by the heirs at law of such deceased owner to a purchaser or lender acting in good faith in reliance upon such order shall be discharged from the claims, debts and rights of creditors of such deceased owner, except such claims, liens, judgments, security deeds, mortgages or encumbrances as have been duly recorded, or filed for record, in the manner required by law so as to constitute notice thereof; to provide that liens for taxes and liens arising from the giving or signing of the bond of a public official shall not be adversely affected by such an order or finding, to provide for fees for Ordinary, and for other purposes. Section 1. When any person owning real or personal property located in this State has died intestate, and no administration in this State has been had upon the estate, any heir at law of such deceased owner may file a petition in the Court of Ordinary of the county of the residence of the deceased owner, if such deceased was a resident of this state, or in the county in which such property is located if the deceased was not a resident of this state, praying for an order that no administration is necessary. The petition shall be sworn to, shall show the names, ages and places of residence of all of the heirs at law of such deceased owner, the amounts and description of the real and personal property in this state owned by the deceased owner, that the estate of decedent owes no debts and that the heirs at law have agreed upon a division of the estate amicably among themselves. Petition in Court of Ordinary. Section 2. Upon the filing of such petition, the Ordinary shall issue citation, which shall be published in the official gazette of his county once a week for four weeks, requiring all creditors of said estate, if any, and all other interested persons to show cause why an order

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should not be entered finding that no administration of the estate is necessary. Citation Section 3. If any creditor whether debt is due or not files objections in writing to the granting of such order, the Ordinary shall refuse to grant an order finding that no administration is necessary. Objections filed. Section 4. In the event no creditor files written objections to the granting of such order, it shall be the duty of the Ordinary to ascertain who are the heirs at law of such deceased owner and whether they are all of age and suffering under no disability, and to determine whether the estate of the decedent owes any debts. If the Ordinary finds that all of the heirs at law are sui juris and that the estate of the decedent owes no debts, it shall then be the duty of the Court of Ordinary to enter an order in said proceedings finding that no administration of said estate is necessary. Heirs at law. Order. Section 5. Real or personal property thereafter sold or encumbered by the heirs at law of such deceased owner, to a purchaser or lender who acts in good faith in reliance upon such order, shall be discharged from all claims, debts and rights of creditors of such deceased owner, except such claims, liens, judgments, security deeds, mortgages or encumbrances as have been duly recorded, or filed for record, in the manner required by law, so as to constitute notice thereof at the time of any such sale or encumbrance by the heirs at law. Discharge property from all claims. Section 6. Nothing in this Act shall be deemed to apply to or adversely affect liens for taxes or liens arising from the giving or signing of the bond of a public official. Taxes, bonds. Section 7. Be it further enacted by the General Assembly of Georgia, that after the granting of an order by the Ordinary in such cases that no administration is necessary, by reason of the fact that the deceased owed no debts at time of his death other than described in this act, and it shall thereafter appear that there are debts unsecured and unsatisfied and it shall further appear that the heirs at law have received the proceeds of said estate, such creditor or creditors shall have a right of

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action on said debts unsatisfied against such heirs at law to the extent of value of property received by such heirs at law. Rights of creditors. Section 8. For receiving the application, docketing and filing the same, granting order for citation to be published, holding the leaving, [sic] granting order and recording the proceedings, the Ordinary shall be entitled to the same fees which are allowed for similar acts in the administration proceedings, and the cost of publication of citation. Ordinary's fees. Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1945. VETERANS RESETTLEMENT CORPORATION. No. 205. An Act to create the Veterans Resettlement Corporation; conferring powers and duties on the Corporation, authorizing the issuance of revenue bonds of the Corporation, payable from its earnings and revenues; providing for the collection and for the pledging of revenues and other charges for the payment of such bonds; authorizing the issuance of trust indentures to secure the payment of such bonds and defining the rights of holders of such bonds; providing that no debt of the State shall be incurred in the exercise of any power granted by this Act; making such bonds legal investments and to exempt them from taxation; authorizing the issuance of revenue refunding bonds; fixing the venue or jurisdiction of actions relating to any provision of this Act and the time within which such action may be brought; providing for the separate enactment of each provision of this Act; authorizing the Corporation to make such loans as may be guaranteed in part by the Government of the United States, or any of its departments or subdivisions, or any authority under Title III of Public Law 346 of the

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78th Congress, styled in that Act the Servicemen's Readjustment Act of 1944; to create the office of Director of said Corporation and prescribe his duties and fix his compensation; to create a Governing Board to manage said Corporation; to authorize said Board to make regulations for the operation of said Corporation not inconsistent with the provisions of this Act; to state the public policy with respect to aid to veterans; 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: CHAPTER 1 . The Public Policy . Section 1. It is declared to be the public policy of this State to aid those veterans of World War II who have acquitted themselves of honorable service to the common country, to purchase and construct homes, farms, and business property; that the establishment of returning veterans in homes which they own, and in businesses and in agricultural and in the professions and vocations, can best promote the purposes of government as expressed in the Preamble to the Constitution of Georgia; and that the peace, happiness, and prosperity of all of our people can best be promoted by the skillful utilization and conservation of lands and forests and natural resources by the men and women who own them and occupy them as members of the several urban and rural communities of Georgia. Policy of State. CHAPTER 2 . Caption . Section 1. This Act may be cited and referred to as the Veterans' Resettlement Act of 1945. Act cited

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CHAPTER 3 . Creation of the Corporation . Section 1. There is hereby created a body corporate and politic to be known as the Veterans' Resettlement Corporation, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title said corporation may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all the courts of law and equity, State and Federal. Corporation created. Section 2. The Corporation shall consist of five members, each of whom shall be resident citizens of Georgia, two of whom shall be appointed by the Governor. The State Treasurer, the State Auditor, and the Governor shall be members ex-officio. The ex-officio members shall serve without compensation additional to that flowing from their respective offices; the members appointed by the Governor shall serve without pay, but the governing authority may reimburse them for actual expenses incident to the active discharge of their duties to the Corporation. Members appointed by the Governor shall serve at the pleasure of appointing authority. The members shall constitute the governing authority of said corporation. Three members present at any meeting regularly convened under regulations established by such members shall constitute a quorum. The Governor shall be Chairman of said governing authority and the Auditor shall be Vice-Chairman. The members may elect a Secretary, who need not be a member. Members. Ex-officio members. Terms. Quorum Chairman. Section 3. The governing authority of said Corporation may delegate its authority to one or more of its members, or any committee, or sub-committee, or to the Director, or to any of its agents and employees, or either of the same, as it may deem proper in the conduct of the business of the Corporation. Authority delegated. Section 4. The governing authority shall, by appropriate resolution, dissolve the Corporation, and liquidate its affairs, when it has served its purpose, and it shall

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be deemed to have served its purpose when loans made pursuant to authority contained in this Act have been fully paid and when its indebtedness, inclusive of bonds, has been fully satisfied and paid. Corporation dissolved. CHAPTER 4 . Definitions . Section 1. The following words, phrases, terms, and language shall govern in the interpretation and construction of this Act; Words defined. (a) The word Corporation shall be construed to mean the Veterans' Resettlement Corporation created by Section 1 of Chapter 3 of this Act. (b) The word veteran shall be construed to mean a former member of the Armed Forces eligible to obtain a loan under Title III of Public Law 346 of the 78th Congress, approved June 22, 1944. (c) The words, or term G.I. Bill shall be construed to mean Public Law 346 of the 78th Congress, cited therein as the Servicemen's Readjustment Act of 1944, and the term Public Law 346 of the 78th Congress and Servicemen's Readjustment Act of 1944 shall be construed to designate and refer to and name one and the same Act of the Congress. (d) The term the Federal Act shall be construed to mean Public Law 346 of the 78th Congress. (e) The term this Act shall be construed to designate and refer to and name this legislative enactment, creating and governing the Veterans' Resettlement Corporation. (f) The term Governing Body shall be construed to designate and refer to and name the persons made a body corporate by Chapter III of this Act. (g) The word, or term Director shall be construed

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to designate and refer to and name the official holding the office created by Section 1 of Chapter VII of this Act. (h) The word, or term Administrator shall be construed to designate and refer to and name the Administrator of Veterans' Affairs of the United States. (i) The word, or term bonds shall be construed to mean and include any character of instrument which the Corporation might have issued evidencing any interest-bearing indebtedness of the Corporation. CHAPTER 5 . Powers of the Corporation . Section 1. The corporation shall have all of the powers enumerated and set forth in the following subsections of this section, together with such other power and authority not inconsistent with law, and which are inherent in corporations of like character: Powers enumerated. (a) to have and use a common seal, and to alter same at its pleasure; (b) to have and to hold in its own name and right any character of property, or properties, and to sell and barter and exchange the same, or any portion thereof, for other properties or for cash; (c) to have and receive grants, or gifts, or gratuities, or allocations from either the State or Federal treasuries; (d) to pledge its assets and credits, and to convey its properties and assets as collateral, to secure any of its interest-bearing notes, bonds, debentures, or evidences of such interest-bearing indebtedness; (e) to employ such agents and employees as might be required in the conduct of its business, and fix their compensation; (f) to make contracts, and to make and execute all instruments necessary or convenient for the promotion of the purposes of this Corporation;

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(g) to apply for and accept loans and grants, or either of the same, of moneys or properties from the State of Georgia or the United States of America or any agency or instrumentality thereof, inclusive of the Reconstruction Finance Corporation, upon such terms as the State of Georgia, the United States of America, or either, or any of their respective departments or instrumentalities or agencies might impose; (h) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from its earnings and revenues or from grants or allocations from the State of Georgia or the United States of America, or from either of the same, and for the payment of the same and for the rights of the holders of such bonds; (i) to exercise any power usually possessed by private corporations, or by quasi-public corporations, performing functions similar to the functions contemplated by this Corporation, which are not in conflict with the laws of this State; (j) to do all lawful things necessary to carry out the powers incident to the administration of this Act. Section 2. The Corporation, by appropriate action of its governing body, is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, but in no event to exceed the aggregate sum of five million dollars, and the use of the proceeds of any bond, or bonds, shall be limited to the making of loans permitted to be made under Section 1 of Chapter 6 of this Act. The principal and interest of such revenue bonds shall be payable solely from the earnings of the Corporation, and from moneys paid to the Corporation to liquidate in whole or in part loans made pursuant to Section 1 of Chapter 6 of this Act, and from interest collected on said loans, or from funds otherwise acquired under authority of law, or any of the same. The bonds of each issue shall be dated, and shall bear interest at such rate, or rates, not exceeding three per centum per annum, payable semi-annually,

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

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and interest. The Governing Body may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Corporation, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than three per centum per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. The proceeds from the sale of said bonds shall be disbursed upon the requisition of the State Auditor in his capacity as a member of the Governing Body under such restrictions, if any there be, as the resolution authorizing the issuance of the bonds, or the trust indentures hereinafter mentioned may provide. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest on said bonds. The Governing Body is fully authorized to provide for the replacement of any bond which might have become mutilated, lost or destroyed. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions, or conditions or things than those proceedings, conditions and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the governing body by a majority of its members. Negotiable revenue bonds Principal and interest payable from earnings. Rate of interest. Bonds redeemable. Signature on bonds. Negotiable instruments. Form of bonds. Sale of bonds. Proceeds from sale of bonds. Section 3. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute any debt of the State of Georgia, nor a pledge of the faith and credit of the said State, but said bonds shall be payable, principal and interest, solely from funds hereinafter provided therefor from earnings of the Corporation and from grants, bequests, and allocations lawfully made by the State, and the issuance of such revenue bonds shall

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not directly, or indirectly, or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment not expressly allowable under the Constitution of the State of Georgia: Neither the State nor this Corporation shall be obligated to pay any of the principal or interest on such revenue bonds except from earnings of the Corporation, the funds accruing from the collections made by it upon loans made by it under Section 1 of Chapter 6 of this Act, which collections shall include the collection of interest accruing on said loans, and from funds otherwise acquired under authority of law. Not a debt of State. Debts paid from earnings. Section 4. All moneys received by the Corporation pursuant to authority contained in this Act, whether from the sale of revenue bonds, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds, to be held and applied solely as provided in this Act; that is to say, for the payment of said bonds as they mature, or as they are called; for the payment of interest coupons as they become due; and for cost of administering this Act. The Governing Body shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank or trust company, which shall act as trustee of said funds and shall hold and apply the same to the purposes contemplated by this Act, subject to such regulations as might be provided by law or by such trust indenture. Trust funds. Section 5. In the discretion of the Governing Body, any issue of such revenue bonds may be secured by a trust indenture by and between the Governing Body and a corporate trustee, which may be any trust company or bank having the power of a trust company within or without this State. Such trust indenture may pledge or assign revenue and earnings to be received, and it may pledge any character of note, bond or other evidence of indebtedness, inclusive of mortgages on real or personal property, or either of the same, or any other character

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of collateral, taken by the Corporation to secure any loan which it might make. Either the resolution providing for the issuance of revenue bonds, or any trust indenture, may contain such provisions for protecting and enforcing the rights and remedies of bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Corporation in relation to the acquisition of property, the enforcement of collections for moneys due the Corporation by foreclosure, or otherwise. It shall be lawful for any chartered bank or trust company incorporated under the laws of this State to act as such depository and to furnish indemnifying bonds of pledge such securities as might be required by the Governing Body. Such indentures may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and indentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Governing Body may deem reasonable and proper for the security of the bondholders. All expenses incurred in the carrying out of such trust indenture may be treated as a part of the operating expenses of the Corporation. Trust indenture. Rights of bondholders enforced. Section 6. It shall be the duty of the Governing Body to fix such a rate of interest to be charged on loans made by it under the terms of this Act as will exceed the rate of interest obligated to be paid on any of the bonds, or other evidence of indebtedness of the Corporation, by one per centum, and the difference between the interest paid on said bonds and the interest charged on loans made shall be deemed to be earnings. The Corporation may, in addition to such interest charges, fix reasonable charges to cover cost of appraisals and making, considering, and passing upon abstracts of title in connection with lands, or other things of value, offered as collateral security to loans made under provisions of this Act. The revenues and earnings derived from loans shall be set aside at such regular intervals as may be provided in such resolution, or such trust indenture in a sinking fund

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which is hereby pledged to, and charged with the payment of, (1) the interest upon such revenue bonds as such interest falls due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges for paying agents for paying principal and interest, and (4) any premiums upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may be otherwise provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the revenue bonds of the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year's interest on all revenue bonds then outstanding may be applied to the purchase or redemption of bonds. All revenue bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Interest on loans. Costs. Redemption of bonds. Section 7. Any holder of revenue bonds issued under the provisions of this Act, or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Corporation, or any officer thereof, including the fixing, charging, and collecting of revenues and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State,

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nor shall any such bond constitute a charge, lien or encumbrance, legal or equitable, upon any property of the State. Protection of rights of bondholders. Section 8. The Corporation, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues and earnings derived under the provisions of this Act, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made. Federal aid. Section 9. The Corporation is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Corporation for the purposes of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Corporation in respect to the same, shall be governed by the foregoing provisions of this Act in so far as the same may be applicable. Refunding bonds. Section 10. The bonds are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, investment companies, building and loan associations and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and

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bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Bonds as securities. Section 11. It is hereby found, determined and declared that the creation of the Corporation and carrying out of its Corporate purpose is in all respects for the benefit of the people of this State and is a public purpose and that the Corporation will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and this State covenants with the holders of the bonds that the Corporation shall be required to pay no taxes or assessments upon any of the property acquired by it under foreclosure sale or any other means whereby property is acquired in satisfaction of a loan deed, or other income received by the Corporation, and that the bonds of the Corporation, their transfer, and the income therefrom shall at all times be exempt from taxation within this State. Public purpose. Tax exemption. Section 12. Upon the passage of a resolution providing for the issuance of revenue bonds under the provisions of this Act, the Corporation may, in its discretion, cause to be published once in each of two consecutive weeks in at least two newspapers published and having a general circulation in the City of Atlanta, a notice in substantially the following form (the blanks being first properly filled in): Publication of notice. The Governing Body of the Veterans' Resettlement Corporation on the __________ day of __________, 194__________, passed a resolution providing for the issuance of Revenue Bonds of said Corporation in the aggregate sum of $__________ for the purpose of making loans to veterans eligible therefor under Public Law 34678th Congress, such Revenue Bonds being payable solely from the revenues of such Corporation. Any action or proceeding questioning the validity of said resolution or said Revenue Bonds must be commenced within twenty days after the first publication of this notice.

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This __________ day of __________, 194__________. __________ Director, Veterans' Resettlement Corporation. Section 13. Any action or proceeding in any court to set aside a resolution for the issuance of revenue bonds under the provisions of this Act or to contest the validity of any such revenue bonds or of the trust indenture, if any, to the same, must be commenced within twenty days after the first publication of the above mentioned notice. After the expiration of such period of limitation, no right of action or defense founded upon the invalidity of the resolution or the trust indenture, if any, or of the revenue bonds, shall be asserted, nor shall the validity of such resolution, trust indenture or bonds be open to question in any court upon any ground whatever, except in an action or proceeding commenced within such period. Actions commenced within 20 days. Any such action and any action to protect or enforce any rights under the provisions of this Act shall be brought in the Fulton Superior Court, which shall have exclusive original jurisdiction of such actions. Jurisdiction of actions. Section 14. While any of the bonds issued by the Corporation remain outstanding, the powers, duties or existence of said Corporation or its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, departments, agency or authority will be created which will compete with the Corporation to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the Corporation. The provisions of this Act shall be for the benefit of the State, the Corporation and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

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CHAPTER 6 . Purposes of the Corporation Section 1. It shall be the purpose and function and duty of the Corporation to make loans of the kind and character eligible to be made under the terms contained and set forth in Title III of Public Law 346 of the 78th Congress, and none other. The Corporation shall not make any loan which does not have the guarantee of the Federal Government under Section 500 (a) of Chapter V and Title III of said Public Law 346 of the 78th Congress, nor shall it make any loan on terms and conditions other than the terms and conditions set forth in said Federal Act. Conversely, it may make any loan eligible under said Federal Act under the terms and with limitations set out therein, but it may reject any such loan when its Governing Body determines, for any reason, such loan is not desirable. However, no individual loan shall be made by said Corporation in excess of the sum of Four Thousand ($4,000.00) Dollars. Character of loans. Loans limited. Section 2. The Corporation may not charge an interest rate on any loan in excess of four per centum per annum, except loans guaranteed by the Federal Government under Section 505 of said Federal Act, and the rate of interest on such loans shall not exceed five per centum per annum. Rate of interest. Section 3. The Governing Body is authorized to promulgate such rules and regulations as are deemed necessary and appropriate for carrying out the provisions of this Chapter, and it may delegate to a subordinate officer of the Corporation, or any employee, or employees, authority to approve loans subject to the provisions of this Act, and subject to provisions of rules and regulations of the Administrator of Veterans' Affairs promulgated under authority contained in the Federal Act. Rules and regulations. Section 4. The Governing Body may amortize loans made under authority contained in this Act over any period of time, not to exceed twenty years, and may require amortization payments to be made monthly, quarterly,

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semi-annually, or annually, but agricultural loans may not be amortized to require payments oftener than semi-annually. Such authority shall be exercised by regulations. Amortization of loans. Section 5. The Corporation may accept any character of property, real, personal or mixed, to better secure an existing loan, or to protect itself against possible loss, and may collect any interest, or income, flowing from any such additional collateral, or security, at lawful rates and apply such as a credit to the loan account involved. Security. CHAPTER 7 . Providing for Officers and Employees . Section 1. There is hereby created the office of Director of the Veterans' Resettlement Corporation, the incumbent of which office shall be appointed by the Governor for a term co-extensive with that of the Governor, unless sooner removed by the Governor for cause. The salary of said officer shall be fixed by the Governor between the maximum and minimum limits of four thousand to six thousand dollars per annum, payable semi-monthly. Such Director shall be the executive officer of the said corporation and the keeper of its records and seal, and he shall attest official documents under his official signature and title, to which he shall affix the corporate seal. He shall be responsible to the Governing Body for his official acts and shall faithfully implement the policies which such Governing Body shall formulate. Director. Salary. Section 2. The Governor is hereby authorized to select in the manner prescribed by law, and from a list of nominees furnished by the Director, such employees as he deems necessary for the efficient operation of said Corporation, same to be selected from such job classifications as will furnish desirable skilled personnel, and he shall fix the salaries of each of the same. The Governor shall provide at the seat of government adequate office space to accommodate the operations of said Corporation. Employees. Office space.

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CHAPTER 8 . Miscellaneous Provisions . Section 1. This Act, being in aid of the public policy of this State and necessary for the resettlement of its veterans who were displaced in the State's economy to wage war in defense of the common country, shall be liberally construed to effectuate its purposes. Act liberally construed. Section 2. The provisions of this Act are declared to be severable, and if any of its provisions shall be held by any court of competent jurisdiction to be unconstitutional, such decision, or decisions, shall not impair any of the remaining provisions. Invalid parts. Section 3. This Act shall take effect when proclaimed by the Governor. The Governor shall proclaim this Act effective when he determines that its operation is required for the benefit of the veterans of this State. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1945. FERTILIZER INSPECTORS. No. 210 An Act to amend an Act entitled Agriculture-Fertilizer Regulations approved February 12, 1938 (Georgia Laws 1937-38 Extra Session, pages 205-214) by striking and repealing in its entirety Section 1 of said Act referred to therein as Section 5-1001 and substituting in lieu thereof a new section to be known as Section 5-1001, providing for the appointment of fertilizer inspectors, the fixing of their compensation, the defining of their duties, by the Commissioner of Agriculture; and for other purposes. Be it enacted by the General Assembly of the State of Georgia:

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Section 1. That an Act entitled Agriculture-Fertilizer Regulations approved February 12, 1938 (Georgia Laws 1937-38 Extra Session, pages 205-214) be, and the same is hereby amended by striking or repealing in its entirety Section 1 of said Act referred to therein as Section 5-1001, the same pertaining to the appointment, duties, and compensation of fertilizer inspectors and substituting in lieu thereof a new section to be known as Section 5-1001 to read as follows: The Commissioner of Agriculture is hereby authorized to employ such competent fertilizer inspectors as may be necessary to carry out the provisions of this Act and perform such other duties as may be assigned by the Commissioner. The compensation, duties, and tenure of employment of these inspectors shall be at the discretion of the Commissioner of Agriculture. Provided, however, that the Commissioner shall not obligate the State of Georgia for any sums beyond the annual appropriations for his department, and provided, further, that no inspector shall be appointed for any term beyond the term of the commissioner who appointed him. Fertilizer inspectors. Section 2. All laws and parts of laws in conflict herewith, be, and the same are hereby repealed. Approved March 6, 1945. CANDIDATES' CAMPAIGN EXPENSES. No. 213. An Act to amend an Act approved March 17, 1943, published in Georgia Laws (1943) pp. 441, 442, entitled 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, so as to change the wording of section two of said Act in order to more clearly designate the officers with whom reports of campaign expenses shall be filed. Section 1. Be it enacted by the General Assembly of

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Georgia and it is hereby declared by the authority of the same, that section two of the Act approved March 17, 1943, published in Georgia Laws 1943, pp. 441, 442, entitled 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, which said section reads as follows: Section 2. That all candidates shall prepare and file with the Comptroller-General an itemized statement, under 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, is hereby amended so as to more clearly express the intention of said section in designating the officers with whom candidates for office shall file their reports of campaign expenses, said amendment being as follows: By inserting between the words, Comptroller-General and an appearing in the second line of said section two, the words, or with the clerk of the superior court, as the case may be, so that said entire act when thus amended shall read 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. $25,000.00 limit to campaign expenses. Section 2. That all candidates shall prepare and file with the Comptroller-General or with the clerk of the superior court, as the case may be, an itemized statement, under 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. Filing of statement under oath. Section 3. That any person who shall wilfully, or

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knowingly, violate any provisions of this Act shall be subject to impeachment from the office which he holds, or is elected. Section 2. Be it further enacted that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved March 6, 1945. INTEREST ON PAWNS. CHAPTER 12-6. No. 215. An Act to amend Chapter 12-6 of the 1933 Code of Georgia, being the Chapter of the Code defining pledges and pawns, and containing provisions for regulating the property handled thereunder, by adding a Section to said Chapter to provide and establish a maximum rate of interest which may be charged when property is pledged or pawned under the provisions of said Chapter, 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 General Assembly of the State of Georgia, that Chapter 12-6 of the 1933 Code of Georgia, being the chapter of the Code defining pledges and pawns and containing provisions regulating the property handled thereunder, be, and the same is, hereby amended as follows: By adding an additional numbered paragraph to said chapter to be numbered consecutively with the numbered sections of the said chapter as at present existing, and reading as follows: Any pawnee may contract for and receive interest up to the rate of two per centum per month, with a minimum charge on any loan of 50c per month, provided that any charge directly or indirectly made, contracted for, or received in excess of the amounts permitted by this section shall be uncollectible, and the pawn or pledge shall be void. Pawnee's legal interest. Consequences of excessive charge.

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Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 6, 1945. STATE GAME AND FISH COMMISSIONAIRPLANE. No. 216. An Act to authorize the State Game and Fish Commission to purchase through the Purchasing Department, as other State purchases are made, an airplane to be used to patrol coastal waters of the State and commercial fisheries so as to better enforce the laws regulating same; and for other purposes. Section 1. That to facilitate and provide for more adequate patrol of the coastal waters of the State, and the commercial fisheries thereof, and to assist in a better enforcement of the laws and regulations passed for the protection of the resources of the State in such coastal areas, the State Game and Fish Commission is hereby authorized and empowered to purchase, through the State Purchasing Department, as other purchases are made, an airplane to be used for covering and patrolling all of the Coastal waters within the jurisdiction of the State. Purchase of airplane for patrolling coastal waters. Section 2. That all laws and parts of laws in conflict herewith be, and the same are, hereby amended [sic]. Approved March 6, 1945. STATE SOIL CONSERVATION COMMITTEE. No. 222. An Act to amend an Act approved March 26, 1937, relating to the establishment of Soil Conservation Districts, etc. (Ga. Laws 1937, pp. 377-404) by amending the first paragraph of Section 4 of said Act so as to add two outstanding conservation farmers to the State Soil Conservation Committee; to provide for the appointment and qualification of said members; and for other

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act of the General Assembly approved March 26, 1937, relating to the establishment of soil conservation districts, etc. (Ga. Laws 1937, pp. 377-404) be and the same is hereby amended by making the period after the word Georgia in the tenth line of the first paragraph of Section 4 of said Act a comma, and inserting the following language: And two members to be appointed by the Governor, who shall be outstanding conservation farmers and members of the Board of Directors of the Georgia Association of Soil Conservation District Supervisors; so that the first paragraph of Section 4 of said Act as amended shall read as follows: Section 4. State Soil Conservation Committee. a. There is hereby established, to serve as an agency of the State and to perform the functions conferred upon it in this Act, the State Soil Conservation Committee. The following shall serve, ex-officio, as members of the Committee; the director of the State Agricultural Extension Service; the director of the Georgia Agricultural Experiment Station located at Experiment, Georgia; and the director of the Georgia Coastal Plains Experiment Station located at Tifton, Georgia, and the Governor of Georgia, and two members to be appointed by the Governor, who shall be outstanding conservation farmers and members of the Board of Directors of the Georgia Association of Soil Conservation District Supervisors. The Committee shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under this Act. State Soil Conservation Committee. Authority. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 6, 1945.

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COMMERCIAL FISHING BOATS LICENSE FEES. 45-210. No. 223. An Act to amend Section 45-210 of the Code of 1933 relating to license fees levied on commercial fishing boats as enacted by an Act approved March 24, 1939 (Acts 1939, pp. 185-187) by providing that the license therein provided shall bear the date of January 1 of the year issued and shall expire on December 31, of the year issued; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 45-210 of the Code of 1933 relating to license fees levied on commercial fishing boats as enacted by an Act approved March 24, 1939, (Acts 1939, pp. 185-187, be, and the same is hereby amended by adding thereto a proviso as follows: Provided, that the license issued hereunder shall be dated January 1, of the year issued and shall expire on December 31 of the year issued. So that said Section when so amended shall read as follows: Code, 45-210 amended. 45-210. License fees levied on commercial boats; amounts; aliens and nonresidents.AmountsBoats under 16 feet long and under four feet beam, one dollar and five cents; boats over sixteen feet long and over four feet beam, 20 cents for each additional foot or fraction thereof of length and beam. An additional license tax of $25 shall be required of all aliens or nonresidents of the State of Georgia on all boats, vessels, schooners or launches engaged in fishing or having to do with fishing in this State, owned in whole or in part by such aliens or nonresidents in addition to the boat license tax required in this section. Provided, that the license issued hereunder shall be dated January 1 of this [sic] year issued and shall expire on December 31 of the year issued. License period.

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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 6, 1945. ATLANTIC STATES MARINE FISHERIES COMMISSIONEXPENSES. No. 224. An Act to amend an Act entitled 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 the same: Section 1. Section 6 of an Act approved March 20, 1943, entitled 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, is hereby amended by striking the same and substituting in lieu thereof the following:

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Section 6. The Budget authority is authorized to make available a sum sufficient to pay the contribution for this State's participation in the said compact and is further authorized to reimburse the Commissioners from Georgia from the Governor's contingent fund for their actual expenses when on the business of the Commission. State's contribution for participating. Commissioner's reimbursement for expenses. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1945. STATE BOARD OF EDUCATIONFEDERAL GRANTS. No. 227. An Act to authorize and empower the State Board of Education to receive federal and other available funds, to provide education of non-college grade for persons above 18 years of age, and to make necessary rules and reulations governing such education. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. Section 1. The State Board of Education is hereby authorized and empowered to receive moneys made available from Federal grants and/or from other available funds; to provide education of non-college grade for persons above the age of 18 years; and to make the necessary rules and regulations governing the education of such persons subject to such limitations as may be imposed in the grant or appropriation of such funds. State Board of Education to receive Federal Grants Section 2. Should any section, subsection, clause, sentence, phrase, or part of this Act, for any reason, be held, deemed, or construed to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Act, and the General Assembly hereby declares that it would have passed this Act, each section, subsection, clause, sentence, phrase, and part thereof,

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irrespective of the fact that one or more sections, subsections, clauses, sentences, phrases or parts thereof, be declared unconstitutional or invalid. Invalid parts not affect other parts. Section 3. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 6, 1945. VOTING AGE CHANGED TO 18 YEARS. 34-103. No. 232. An Act to amend Code Section 34-103, providing for the oath required in order to qualify electors; to substitute the figures 18 for the figures 21 in the third line of said Code section; 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 Code section 34-103, relative to the oath required in order to qualify electors when registering as a voter be and it is hereby amended by substituting the figures 18 for the figures 21 in the third line of said Code section so that said section shall read as follows: 34-103. Form of oath required to qualify elector. The oath to qualify an elector shall be as follows: `I do swear, or affirm, that I am a citizen of the United States; that I am 18 years of age, or will be on the __________ day of __________ of this calendar year; that I have resided in this State for one year, and in this county for six months, immediately preceding the date of this oath, or will have so resided on the __________ day of __________ of this calendar year; that I possess the qualifications of an elector required by the Constitution; and that I am not disfranchised from voting by reason of any offense committed against the laws of the State. I further swear, or affirm, that I reside in the __________ district, G. M.,

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or in the __________ ward of the city of __________, at number __________ on __________ street; my age is __________, my occupation __________., Oath. Voting age 18 years. 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 6, 1945. STATE DEPARTMENT OF PUBLIC WELFAREFEDERAL GRANTS. No. 237. An Act authorizing the State Department of Public Welfare to accept and disburse Federal grant-in-aid funds for welfare purposes to the fullest extent that such funds are made available to the State of Georgia by the Federal government; amending welfare laws for said purpose; empowering the said State department to comply with Federal requirements, to promulgate rules and regulations; to permit the allotment of funds for a general assistance program and authorizing the State Welfare Department to do all things necessary and appropriate to the securing of the maximum amount of Federal grant-in-aid funds for welfare purposes; to repeal all conflicting laws. Section 1. Notwithstanding any provision in the welfare laws of Georgia to the contrary and particularly the Old Age Assistance Act of 1937 (Laws of 1937 p. 311), the Aid to the Blind Act (Laws of 1937, p. 568), and the Aid to Dependent Children Act of 1937 (Laws of 1937, p. 630), and all amendments thereto, nothing therein contained shall be construed to prevent the acceptance of more than 50 per cent Federal matching funds, and express authorization as hereby given to the State Department of Public Welfare to accept and disburse the maximum percentage of Federal grant-in-aid funds made available to the State of Georgia by the Federal government under any formula of variable grants or other formula for the granting of Federal grants-in-aid. Federal Grants-in-aid accepted and disbursed.

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Section 2. The State Department of Public Welfare is authorized to comply with the requirements prescribed by Congress as conditions to said grants. Section 3. To the end of empowering the State Department of Public Welfare to comply with Federal requirements and to effectuate the purposes of such grant-in-aid welfare programs, the State Department of Public Welfare is authorized to promulgate all necessary rules and regulations and to do all things necessary and proper to the securing of the maximum amount of such Federal grants. Rules and regulations by welfare department. Section 4. In the event that the Congress of the United States appropriates funds providing for grants-in-aid to the State governments for the purpose of assisting them in the operation of general assistance programs, the State Department of Public Welfare is authorized to cooperate with the Federal government in such program, to accept funds from the Federal government in the maximum amounts made available, to disburse same and to comply with all requirements of the Federal government necessary to the securing of such grant-in-aid funds. Cooperation with Federal Government. Section 5. Any funds which are made available by appropriation to the State Welfare Department for matching Federal funds shall be available to supply the State's portion of expenditures for a general assistance program and shall not be limited to benefits for Old Age, Blind, and Dependent Children and Crippled Children's Services. Matching funds. Section 6. If any portion of this Act or any application thereof is held invalid, the remainder of the Act and any application thereof shall not be affected thereby. Invalid parts. Section 7. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1945.

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OYSTER GATHERING PERMITS. No. 238. An Act to provide for and require a permit for oyster gatherers; to provide that the permit shall be in form of a chart, dated, shall show name of individual and company for which he works, and number of the State Health Certificate, the areas from which oysters can and can not be taken; to provide for a master chart and its filing; to require the holder of the permit to carry same while engaged in commercial collection of oysters from bed; to provide for a duplicate permit and the filing of same; to provide that the permit shall be issued free of charge; to make it a misdemeanor for any person to engage in collection of oysters for commercial purposes without having with him his permit at time of collecting oysters, or to collect oysters from polluted areas or sources; or from areas or sources other than shown as authorized by chart or permit; to fix punishment for violation; to provide and set up exceptions; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same. Section 1. Each and every commercial fisherman shall, each year prior to engaging in commercial oyster gathering, obtain an oyster collector's permit from the office of the Supervisor of Coastal Fisheries of the State Game and Fish Commission. The permit shall be in the form of a chart to which is attached or affixed the date, the name of the individual, the company for which the individual is working, and the number of the State Health Certificate. The chart shall show the areas from which oysters can not be taken because of pollution as determined by the State Department of Public Health. A master chart showing the pollution zone shall be kept on file at the office of the Supervisor of Coastal Fisheries. The chart shall also show the areas from which the applicant may obtain oysters by virtue of demonstrated authority: Permits obtained. Form of permit. Master Chart.

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1. Lease of State owned lands. 2. Ownership of lands or authorized agent for owner. 3. Lease of lands from land owners. 4. Permit from Coastal Fisheries Office to remove oysters from natural oytser beds on unleased State lands. A duplicate oyster collector's permit, with chart, shall be filed with the Coastal Fisheries Office of the State Game and Fish Commission. Duplicate permits filed. Section 2. The permits provided for in Section 1 shall be furnished by the office of the Coastal Fisheries free of charge. The Coastal Fisheries Office shall furnish sufficient charts covering the areas of operations to cover needs. These charts shall be recent U. S. Coast and Geodetic Survey charts or accurate facsimiles of same. Permits free of charge. Section 3. Every person while engaged in commercial oyster collection from oyster beds shall carry with him the permit issued under the terms of this Act, and it shall be unlawful for any person to engage in oyster collection for commercial purposes, without first having with him the permit to do so. It shall also be unlawful for any person to collect, or engage in collecting, oysters from any polluted areas or sources, or from any areas or sources other than shown as authorized for use by the permit granted to him. The violation, by any person, of the terms of this act shall be punished as for a misdemeanor. Permits to be carried with oyster collector. Polluted areas. Section 4. Nothing in this Act shall prohibit an individual from taking not to exceed two bushels per day for his own use when authorized to do so by written permission of the land owner, which written permission shall be in the possession of the person so taking same. 2 bushels for personal use. Section 5. That all laws and parts of law in conflict herewith be, and the same are, hereby repealed. Approved March 6, 1945.

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SCHOOL BUILDINGSFEDERAL FUNDS. No. 239. An Act to authorize and empower the State Board of Education to receive Federal and other funds designated for the construction and improvement of school houses, and to allot such funds to the Boards of Education of County and independent school systems under appropriate rules and regulations; to assist the boards of education of County and independent systems in planning, constructing, and improving school houses under their jurisdiction and to provide procedures therefor; to empower the State Board of Education to inspect public school buildings, to notify County and independent boards of education in writing of unsafe and/or unhealthful conditions revealed, and to make specific suggestions for the correction of said conditions; to provide that the constitutionality of any provision of this Act shall not affect any other provisions thereof; and to repeal all laws or parts of laws inconsistent or in conflict with this Act. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. The State Board of Education is hereby authorized and empowered to receive any Federal funds, or any other funds, made available to it for school house construction or improvement of the schools under its jurisdiction, and to allot said funds to the boards of education of county and independent school systems under such rules and regulations as may be adopted by the State Board of Education, subject to such limitations as may be imposed in the grant or appropriation of said funds. Federal funds for school house construction. Funds allotted. Section 2. In order to assist the boards of education of county and independent school systems, upon their request, the State Board of Education is hereby authorized and empowered to make comprehensive studies to determine the need for and the location of public school

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buildings, to determine the safety and educational requirements of public school buildings, and to plan the methods of financing the cost of constructing and equipping such buildings; and to establish a code of school building practices and standards. Needs determined by State Board of Education. Section 3. The State Board of Education is hereby authorized to inspect any public school building and, if such building is found to be dangerous to the lives and/or health of the pupils, to notify the county or independent board of education in writing of the unsafe and/or unhealthful conditions revealed, including in the notification specific suggestions for the correction of said unsafe and/or unhealthful conditions. Inspection of buildings. Section 4. Should any section, subsection, clause, sentence, phrase, or part of this Act, for any reason, be held, deemed, or construed to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Act, and the General Assembly hereby declares that it would have passed this Act, each section, subsection, clause, sentence, phrase, and part thereof, irrespective of the fact that one or more sections, subsections, clauses, sentences, phrases, or parts thereof, be declared unconstitutional or invalid. Invalid parts. Section 5. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 6, 1945. SEED DEALERS REGULATED. No. 240. An Act to provide for the protection of farmers in the purchase of planting seed. To provide regulations for the packaging, labeling, sale, and offering or exposing for sale of the same. To fix penalties for violations thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia:

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Section 1. On and after the passage of this Act, it shall be unlawful for any person, firm or corporation to sell or offer for sale within the State any planting seed for field, garden, forest, orchard or other seed except after compliance with the provisions and conditions hereinafter set out. Compliance with this Act. Section 2. Any person, firm or corporation which shall violate any of the provisions or conditions of this Act shall be guilty of a misdemeanor. All courts imposing sentences after conviction shall assess the defendant as a minimum with the costs of the court in the conviction, and such fine as the court in addition thereto may determine is reasonable. Violation misdemeanor. Section 3. Before selling or offering for sale within this State any planting seed of any kind, each person, firm or corporation, whether resident or non-resident, is required to file with the Commissioner of Agriculture, an annual registration expiring June 30th for each such place of business at which such seeds are sold, distributed, offered, or exposed for sale, or handled for sale. Such registration to show whether such dealer handles vegetable seed and/or field seed and/or forest seed. Persons selling seed shall register with Commissioner of Agriculture. Registration may be rejected by the Commissioner of Agriculture in all cases where the Commissioner has information that the person, firm or corporation offering to register has been convicted in a court of competent jurisdiction of any violation of the seed laws of this State or any of the States, and in all cases where the person, firm or corporation seeking to register is known to be in possession of seeds for sale that do not meet the requirements of this Act. After registration is approved by the Commissioner of Agriculture, all persons, firms and corporations shall apply to the Commissioner for a license to sell seed within this State. Such license when issued may be revoked by the Commissioner when after a full and complete investigation it is determined by the Commissioner that such licensee has violated the terms, conditions or provisions of this Act. Registration rejected. License. Section 4. All seeds sold or offered for sale in this

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State shall have sufficient information on the outside container as will enable the Commissioner and his agents to identify the licensee selling such seeds after the same shall have been purchased. Such information may consist of the name of the company or person licensed, together with the location of their business; or the terms and provisions of this section may be met by stamping on such package with a rubber stencil the number and address of the licensee. Information on container. Section 5. It shall be deemed a violation of the criminal provisions of this Act for any person, firm or corporation to sell, offer or expose for sale any seed, within this State, without having first secured a license from the Commissioner of Agriculture, except in the case of the farmer selling seed grown by him. Violation. Farmers excepted. Section 6. All licensees shall advise the Commissioner of all shipments of planting seeds they make into the State to wholesalers and/or dealers for resale purposes. This requirement may be met by furnishing the Commissioner with a copy of the invoice of such shipment, omitting price and any other confidential information. In case any wholesaler or dealer purchases seeds within the State that were not transported by a common carrier and were not grown within the State, then and in that event, such dealer shall within forty-eight hours advise the Commissioner as to the seeds purchased, the quantity purchased and the name and address of the person from whom such seeds were purchased. The provisions of this section shall apply alike to wholesale and/or retail dealers in any and all seeds coming under the provisions of this Act. Commissioner advised of shipments of seeds. Section 7. When information is furnished to the Commissioner of Agriculture that any wholesale or retail licensee has sold, is selling, or is offering for sale any vegetable, field or forest seed for planting purposes which do not comply with the requirements of this Act, then the Commissioner of Agriculture shall investigate and determine whether or not such seeds are unsuitable for planting. If the Commissioner determines that such seeds are not suitable within the terms and provisions of

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this Act, he may require that such seeds be withdrawn from sale in this State and if such licensee refuses to comply with the requirements of the Commissioner as to withdrawal from sale, then in that event such seeds shall be seized by the Commissioner and held by him until such licensee shall have posted a bond in such amount as may be required by the Commissioner, which bond shall be conditioned on such licensee complying with the provisions of this Act and selling only seeds meeting the requirements of this Act; and any person planting any seeds that have been recovered from the Commissioner of Agriculture under the bond provided for herein and who may be damaged thereby shall have the right to sue and recover on such bond. The bond provided for herein as to amount and sureties shall be approved by the Commissioner of Agriculture. Sale of seeds not complying with this Act. Seeds withdrawn from sale. Bond. Right to recover on bond. In addition to all other provisions of this Section, the Commissioner of Agriculture is authorized and directed to require from any licensee who may have sold seeds not suitable for the purposes intended, to furnish immediately, where known to such licensee the names and addresses of growers to whom a portion of such seed may have been sold in order that the Commissioner of Agriculture may advise such purchaser as to the facts with reference to such seeds as determined by the Commissioner. Notice of purchasers of unsuitable seeds. Section 8. The Commissioner of Agriculture is authorized and directed to establish and adopt standards and grades for seed under the terms and provisions of this Act. Before any such standard or grade is fixed and determined, the Commissioner shall grant to all licensees the right to be heard, and upon any change in any standard or grade a like right to be heard shall be granted by the Commissioner. Any licensee shall have the right of immediate appeal from standards or grades fixed by the Commissioner to a jury in the Superior Court in the County of the residence of the Commissioner, or in Fulton County, should such licensee so elect. Standards and grades. Appeals. Section 9. The Commissioner of Agriculture is also authorized and empowered to make all reasonable rules

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and regulations for proper inspection and analysis of seed and to take all action necessary and appropriate for carrying out all the provisions of this Act, and the enforcement of same. Inspection and analysis. Section 10. Any non-resident dealer or distributor of seed, at the time of registering with the Commissioner of Agriculture, as required by this Act shall name, in writing, a resident of the State of Georgia acceptable to the Commissioner to be his attorney in fact and on whom legal process and service may be had, as agent, the same as if the principal himself were a resident of the State. The acceptance of the registration by the Commissioner of Agriculture and/or the sale or offering for sale of seed in this State shall be legal signification of the registrant's agreement that any notice of process served on his designated agent in Georgia shall be of the same legal force and validity as if served upon the registrant personally. Agent of non-resident. Section 11. Whenever any planter or grower in this State believes that he has been damaged by the planting or the growing of any crop by use of any seeds sold in violation of the grades, standards and requirements of this Act, such planter or grower may request the Commissioner of Agriculture to conduct an investigation for the purpose of determining whether or not such seeds did in fact fail to meet the grades, standards, and requirements of this Act at the time of sale to such planter or grower, and the Commissioner may provide such planter or grower with a report or finding, which report may be used by either party in any suit which may be instituted for damages under the terms and provisions of this Act. Damage to grower. Investigation. Section 12. The provisions of this Act shall be supplemental of and in addition to the provisions of existing laws with regard to sale of planting seed in Georgia and the provisions of existing law shall remain in force except where the provisions of this Act are in conflict with the same. In the event of conflicting provisions between this Act and existing law, the provisions of this Act shall prevail, and conflicting provisions are hereby repealed. Provisions of this Act supplemental to existing laws.

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Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1945. PLACE OF HOLDING POLITICAL MASS MEETINGS. 34-3402. No. 246. An Act to amend Secton 34-3402 of the Code of Georgia of 1933, relating to the place of holding mass meetings or conventions, by adding after the word courthouse in the third line of said section, the words or municipal auditorium; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 34-3402 of the Code of Georgia of 1933, relating to the place of holding mass meetings or conventions, be, and the same is hereby amended by adding after the word courthouse in the third line of said section, the words or municipal auditorium, so that said Section as so amended shall read as follows: 34-3402. Place of holding mass meetings or conventions; notice.All meetings, mass meetings, county and district conventions of any political party held in this State shall be held in the county courthouse or municipal auditorium of the county wherein held, and the day and hour of such meeting or convention shall be posted at the courthouse door 10 days prior to the date therein named for holding such meeting or convention. Place of holding political mass meetings. Section 2. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 6, 1945.

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DEPOSIT OF COSTS REQUIRED IN DIVORCE CASES. 24-3406. No. 248. An Act to amend Section 24-3406 of the Code of Georgia of 1933 relating to Deposit of Costs Required in Divorce Cases by striking the words six dollars wherever they appear in said Section and substituting therefor the words ten dollars, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That Section 24-3406 of the Georgia Code of 1933 relating to Deposit of Costs Required in Divorce Cases be, and the same is, hereby amended by striking the words six dollars therefrom and inserting the words ten dollars so that said section when amended shall read as follows: The Clerks of the Superior Court shall not be required to file any divorce case or proceeding until ten dollars shall have been deposited with the clerk on account of costs, which shall be divided pro rata between the clerk and sheriff, according to the duties performed by each before the deposit is exhausted. If the proceeding be dismissed, any of the sum remaining in the hands of the clerk, after paying the clerk and sheriff, shall be repaid. Deposit of costs in divorce cases. Section 2. Be it further enacted by the authority of the same that nothing herein shall alter, amend or affect the several Acts of the General Assembly requiring a larger deposit of costs in divorce cases. Other similar acts not affected. 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 6, 1945.

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STATE BOARD OF SOCIAL SECURITYDIRECTOR'S SALARY. No. 254. An Act authorizing the Governor to fix the compensation of the Director of the State Board of Social Security; repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That from and after the approval of this Act, the Governor is authorized to fix the salary of the Director of the State Board of Social Security in an amount not to exceed Seven Thousand ($7,000.00) Dollars per annum, and the amount now provided by law shall be the minimum. Social Security Board Director's salary. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 6, 1945. BANK LOANS ON REAL ESTATE. 13-2015. No. 255. An Act to amend Section 15 of Article XIX of the Banking Law as codified in Section 13-2015 of the Code of Georgia of 1933 as amended (Georgia Laws 1937, pages 423, 424), said section relating to the limit of loans on real estate, by striking said section in its entirety and inserting in lieu thereof a new section, so as to limit bank loans on real estate to fifty per centum (50%) of the fair market value of such real estate with certain exceptions, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 13-2015 of the Code of Georgia of 1933 as amended (Georgia Laws 1937, pages 423,

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424) is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section to be known as Section 13-2015 which shall read as follows: Section 13-2015. No bank doing a commercial business and receiving deposits subject to check, shall lend upon real estate held as investment, or for the purchase of real estate, or the improvement thereof, more than fifty per cent (50%) of the fair market value of such real estate, provided, that in case of loans which provide for a regular amortization thereof, no such bank shall lend more than seventy-five (75%) per cent of the fair market value of such real estate; and the aggregate amount of such loans shall at no time exceed the amount of its savings and time deposits or the combined total of its capital and surplus whichever is greater; Provided, further, that this section shall not apply to temporary loans or regular commercial transactions secured in whole or in part by real estate; Provided, further, that the limitation or proviso that no bank doing a commercial business and receiving deposits subject to check, shall lend upon real estate held as an investment, or for the purchase of real estate, or the improvement thereof, more than fifty (50%) per cent or seventy-five (75%) per cent of the fair market value of such real estate, as the case may be, shall not apply, either to any loan which the Federal Housing Administrator insures or makes a commitment to insure, or to any loan which the Administrator of Veterans Affairs guarantees or makes a commitment to guarantee. Limits of bank loans on real estate Section 2. That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved March 6, 1945.

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SCHOOL CENSUS. 32-1601, 32-1602. No. 258. An Act to amend Sections 32-1601 and 32-1602, Civil Code of Georgia for 1933, relating to Enumeration of School Children and How Enumeration is to be Taken, respectively, by striking said sections in their entirety and inserting in lieu thereof the following: It shall be the duty of the State Board of Education to adopt such rules and regulations as may be necessary for taking a school census and for installing and keeping in the office of the superintendent in each county or independent school system in the State a continuous school census, the cost of taking and keeping the census shall be a legitimate item in the budget and shall be paid out of local funds or from such other funds as may be legally provided. If any parent, guardian, or other person refuses to give any properly authorized census-taker, teacher, school principal, or other school official charged with the duty of obtaining the school census in any county or independent school system the necessary information to enable such person to obtain an accurate and correct census, or shall knowingly and willfully make any false statement to any person duly authorized to take the school census of any county or independent school system, he shall be deemed guilty of a misdemeanor and shall be fined not to exceed twenty-five dollars or imprisoned not to exceed thirty days in the discretion of the court. 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 Sections 32-1601 and 32-1602, Civil Code of Georgia for 1933, providing for Enumeration of School Children and How Enumeration is to be Taken, respectively, be amended by striking said sections in their entirety, and inserting in lieu thereof as Section 32-1601 the following:

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It shall be the duty of the State Board of Education to adopt such rules and regulations as may be necessary for taking a school census and for installing and keeping in the office of the superintendent in each county or independent school system in the State a continuous school census. The cost of taking and keeping the census shall be a legitimate item in the budget and shall be paid out of local funds or from such other funds as may be legally provided. If any parent, guardian, or other person refuses to give any properly authorized census taker, teacher, school principal, or other school official charged with the duty of obtaining the school census in any county or independent school system the necessary information to enable such person to obtain an accurate and correct census, or shall knowingly and willfully make any false statement to any person authorized to take the school census of any county or independent system, he shall be deemed guilty of a misdemeanor and shall be fined not to exceed twenty-five dollars or imprisoned not to exceed thirty days in the discretion of the court. School census Parents or guardians liability for withholding or giving false information. Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act, be and hereby are repealed. Approved March 6, 1945. INVESTMENTS BY INSURANCE COMPANIES. 56-224 (C). No. 269. An Act to amend Section 56-224 Sub-Section (C) of the Code of the State of Georgia, said Section being entitled Authorized investments by insurance companies, by striking therefrom the figures 50 and inserting in lieu thereof the figures 66-2/3, and for 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 56-224, Sub-section (c) of the Code of the State of Georgia is hereby amended by striking therefrom the figures 50 and inserting in lieu thereof the figures 66-2/3, so that Code Section 56-224, Sub-section (c), when amended, shall read as follows: Security 66: per cent of value of property. (c) Loans secured by first liens on improved real estate in any of the States, not exceeding 66-2/3 per cent of the value of said property. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1945. SUPREME COURTATTENDANCE AND ADJOURNMENT. 24-3802. No. 270. An Act to amend section 24-3802 of the Code, which relates to the duty of all the Justices to attend each term thereof, and providing further for the adjournment of the Court in certain instances, so that the section as amended will omit the provision requiring the written consent of the attending Justices before they can adjourn the Court to a time agreed upon, and also to strike from the section the words, to-wit, If no Justice attends, it shall be the duty of the Clerk and Sheriff, or either of them, to adjourn said Court until the next regular term; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Code section 24-3802 be amended so that the following words occurring in said section be stricken, to-wit, whose consent shall be in writing and filed with the Clerk of said Court. If no Justice attends, it shall be the duty of the Clerk and Sheriff, or either of them, to adjourn said Court until the next regular term; the said section as thus amended to read as follows:

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It shall be the duty of all the Justices of said Court to attend each term thereof; but if, from providential cause, any of the Justices cannot attend the Court, such Court may be held by a quorum as defined by section 24-4009. If less than a quorum shall attend, the Justices attending may adjourn the Court to any time agreed upon by the attending Justices. Attendance of Justices and adjournment. Section 2. Be it enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and they are hereby repealed. Approved March 6, 1945. SALE OF FEED STUFFS REGULATED. No. 272. An Act to safeguard and protect commercial feed and feeding-stuffs sold in this State. To provide for registering the same with the Commissioner of Agriculture. To provide for obtaining a license before selling the same. To provide for full information on registration and tags attached thereto. To provide for service and process within the State on non-resident manufacturers, mixers, jobbers, and distributors. To provide penalties for violation of this Act and for other purposes. Section 1. Be it enacted by the General Assembly and it is hereby enacted by the authority of the same that after the passage of this Act that: Section 2. It shall be unlawful for any person, firm or corporation to sell or offer for sale within this State any commercial feed or feeding-stuff for animals or poultry without first complying with all the provisions of this Act. Compliance with this Act. Section 3. Every manufacturer, mixer, jobber or distributor shall, before selling or offering for sale any commercial feed or feeding-stuff, register the same with the Commissioner of Agriculture, giving full and detail information as to the composition thereof; and provided,

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further, that nothing in this Act shall be construed as requiring or compelling any manufacturer, mixer, jobber, or distributor of feeds, to disclose their trade formulas. Also the common names of the ingredients as defined by the American Association of Feed Control Officials. Manufacturer, etc., register with Commissioner of Agriculture. Section 4. After such registration the manufacturer, mixer, jobber or distributor shall apply to the Commissioner of Agriculture for license to sell the same within the State. Such license must be granted without charge. It shall be deemed a violation of this Act to sell or offer for sale in the State any Commercial feed or feeding-stuff without first obtaining such license. License. Section 5. Any feed or feeding-stuffs sold in the State shall be subject to analysis by the State Chemist and to feeding test conducted by the Chief Veterinarian of the Department of Agriculture, either or both in the discretion of the Commissioner of Agriculture. Analysis. Section 6. Where any lot of feed or feeding-stuff is found to be deficient to the extent of 10% or more in protein, on analysis by the State Chemist, it shall be subject to a penalty of 25% of the purchase price of the feed. Where analysis by State Chemist reveals a shortage of 15% or more in fats on any lot of feed or feeding-stuff it shall be subject to a penalty of 5% of the purchase price of the feed. Where any lot of feed or feeding-stuff is, upon examination by the State Chemist, found to contain more than 15% excess crude fiber above that claimed in the registration, it shall be subject to a penalty of 10% of the purchase price of the feed; such penalties shall be cumulative. Feed found deficient. Penalty. Section 7. Where upon feeding test conducted by the Chief Veterinarian a lot of feed or feeding-stuff is found to be injurious or deleterious or where under such feeding test such feed or feeding-stuff shows an excessive lack of nutritive value, such feeding-stuff shall be subject to a penalty of 50% of the purchase price. Feeding tests. Section 8. Samples to be analyzed by the State Chemist or used in feeding test by the Chief Veterinarian shall be taken by feed inspectors of the Department of Agriculture

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under Rules and Regulations prescribed by the Commissioner of Agriculture. The number of packages from which a sample is taken, the preparation of such sample for analysis, and the collection of a penalty arising hereunder shall insofar as practical be the same as now prescribed by laws for taking samples of commercial fertilizer. The same power and authority now vested in the Commissioner of Agriculture for the assessment and collection of penalties under the fertilizer laws is hereby adopted as part of this Act and made applicable to commercial feed and feeding-stuffs. Any penalties arising under the provisions of this Act, except penalty for failure to attach tags and inspection stamps, shall be collected by the Commissioner of Agriculture for the use and benefit of the feeder or feeders using such feed or feeding-stuffs; provided, further, however, that the Commissioner shall have no authority to waive any of the penalties imposed under this act. Samples taken by inspectors. Section 9. In cases where deficiencies are found through chemical analysis, samples of the feed shall be sent to the manufacturer; if requested, and where feeding tests are conducted, the Commissioner of Agriculture, shall notify the manufacturer and assist him to purchase quantities of this feed for the purpose of making independent tests. Independent tests. Section 10. Every non-resident manufacturer, mixer, jobber, or distributor of feed and feeding stuffs shall at the time of registration and before selling or offering for sale his product in Georgia designate with the Commissioner of Agriculture an attorney-in-fact residing in this State on which attorney-in-fact legal service and process may be had so as to bring such non-resident manufacturer, mixer, jobber, and distributor under the jurisdiction of the courts of this State. Attorney-in-fact. Section 11. In the event that any person, firm or corporation violates or fails to comply with the provisions of this law or to pay the penalties arising under the terms of this Act within 60 days, the Commissioner of Agriculture shall cancel the license and registration of such

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person, firm or corporation until full compliance is made with all the terms of this Act by such person, firm or corporation. Cancellation of license. Section 12. For failure to attach analysis tags as now provided by law, or for failure to attach inspection stamps as now provided by law, to any feed or feed-stuff sold or offered for sale within the State, a penalty of $1.00 (one dollar) per ton is hereby levied, this penalty to be supplemental, and in addition to the 20c (twenty cents) per ton inspection fee as now required, such penalty to be paid in to the State Treasury as other revenues of the Department of Agriculture. Failure to attach analysis Section 13. Inspectors of the Department of Agriculture, upon determining that the provisions of this Act, or any one of them, or the rules and regulations promulgated for its enforcement are being violated may put Withhold From Sale Orders on all feeds being sold or offered for sale in violation of the provisions of this Act or the regulations thereof and shall report the circumstances to the Commissioner of Agriculture for his action. Feeds upon which Withhold From Sale Order has been issued shall not be sold or otherwise disposed of until such Withhold From Sale Order has been cancelled by the Commissioner of Agriculture or his duly authorized agents. Withhold from Sale Orders. Section 14. The provisions of this law shall be supplementary to existing laws except in case of conflicting provisions in which event provisions of this Act shall prevail. Approved March 6, 1945. BANKING LAWCERTAIN ACTS REPEALED. 13-2005, 13-2006, 13-2007, 13-2008. No. 273. An Act to repeal Section 5 of Article XIX of the Banking Law as codified in Section 13-2005 of the Code of Georgia of 1933, as amended (Georgia Laws, 1937, pp.

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425, 428; Georgia Laws 1943, p. 246), relating to the duty of the Superintendent of Banks or his examiner to interview the directors on semi-annual examination of bank; to repeal Section 6 of Article XIX of the Banking Law as codified in Section 13-2006 of the Code of Georgia of 1933, as amended (Georgia Laws 1943, p. 246), relating to the nature of such interview, the report of the Superintendent or his examiner to the directors, and the procedure when directors not available; to repeal Section 7 of Article XIX of the Banking Law as codified in Section 13-2007 of the Code of Georgia of 1933, as amended (Georgia Laws 1943, pp. 246, 247), relating to report of action on recommendations accepted as annual report of directors; and to repeal Section 8 of Article XIX of the Banking Law as codified in Section 13-2008 of the Code of Georgia of 1933, as amended (Georgia Laws 1943, pp. 246, 248,) relating to action by Superintendent on failure of directors to follow recommendations, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 5 of Article XIX of the Banking Law as codified in Section 13-2005 of the Code of Georgia of 1933, as amended (Georgia Laws 1937, pp. 425, 428; Georgia Laws 1943, p. 246) be, and the same is hereby repealed. 13-2005 repealed. Section 2. That Section 6 of Article XIX of the Banking Law as codified in Section 13-2006 of the Code of Georgia of 1933, as amended (Georgia Laws 1943, p. 246) be, and the same is hereby, repealed. 13-2006 repealed. Section 3. That Section 7 of Article XIX of the Banking Law as codified in Section 13-2007 of the Code of Georgia of 1933, as amended (Georgia Laws 1943, pp. 246, 247), be, and the same is hereby, repealed. 13-2007 repealed. Section 4. That Section 8 of Article XIX of the Banking Law as codified in Section 13-2008 of the Code of Georgia of 1933, as amended (Georgia Laws 1943, pp. 246, 248), be, and the same is hereby repealed. 13-2008 repealed.

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Section 5. That all laws or parts of law in conflict with this Act are hereby repealed. Approved March 6, 1945. GEORGIA COORDINATE SYSTEM. No. 274. An Act to describe, define, and officially adopt a system of coordinates for designating and stating the positions of points on the surface of the earth within the State of Georgia and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. The system of plane coordinates which has been established by the United States Coast and Geodetic Survey for defining and stating the positions or locations of points on the surface of the earth within the State of Georgia is hereafter to be known and designated as the Georgia Coordinate System. For the purpose of the use of this system the State is divided into an East Zone and a West Zone. The area now included in the following counties shall constitute the East zone: Appling, Atkinson, Bacon, Baldwin, Brantley, Bryan, Bulloch, Burke, Camden, Candler, Charlton, Chatham, Clinch, Coffee, Columbia, Dodge, Echols, Effingham, Elbert, Emanuel, Evans, Franklin, Glascock, Glynn, Greene, Hancock, Hart, Jeff Davis, Jefferson, Jenkins, Johnson, Laurens, Liberty, Lincoln, Long, McDuffie, McIntosh, Madison, Montgomery, Oglethorpe, Pierce, Richmond, Screven, Stephens, Taliaferro, Tattnall, Telfair, Toombs, Treutlen, Ware, Warren, Washington, Wayne, Wheeler, Wilkes, and Wilkinson. Zones. The area now included in the following counties shall constitute the West Zone: Baker, Banks, Barrow, Bartow, Ben Hill, Berrien, Bibb, Bleckley, Brooks, Butts, Calhoun, Carroll, Catoosa, Chattahoochee, Chattooga, Cherokee, Clarke, Clay, Clayton, Cobb, Colquitt, Cook,

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Coweta, Crawford, Crisp, Dade, Dawson, Decatur, DeKalb, Dooly, Dougherty, Douglas, Early, Fannin, Fayette, Floyd, Forsyth, Fulton, Gilmer, Gordon, Grady, Gwinnett, Habersham, Hall, Haralson, Harris, Heard, Henry, Houston, Irwin, Jackson, Jasper, Jones, Lamar, Lanier, Lee, Lowndes, Lumpkin, Macon, Marion, Meriwether, Miller, Mitchell, Monroe, Morgan, Murray, Muscogee, Newton, Oconee, Paulding, Peach, Pickens, Pike, Polk, Pulaski, Putnam, Quitman, Rabun, Randolph, Rockdale, Schley, Seminole, Spalding, Stewart, Sumter, Talbot, Taylor, Terrell, Thomas, Tift, Towns, Troup, Turner, Twiggs, Union, Upson, Walker, Walton, Webster, White, Whitfield, Wilcox, and Worth. Section 2. As established for use in the East Zone, the Georgia Coordinate System shall be named, and in any land description in which it is used it shall be designated, the Georgia Coordinate System, East Zone. Land description. As established for use in the West Zone, the Georgia Coordinate System shall be named, and in any land description in which it is used it shall be designated, the Georgia Coordinate System, West Zone. Section 3. The plane coordinates of a point on the earth's surface, to be used in expressing the position or location of such point in the appropriate zone of this system, shall consist of two distances, expressed in feet and decimals of a foot. One of these distances, to be known as the x-coordinate, shall give the position in an east-and-west direction; the other, to be known as the y-coordinate, shall give the position in a north-and-south direction. These coordinates shall be made to depend upon and conform to the coordinates, on the Georgia Coordinate System, of the triangulation and traverse stations within the State of Georgia, as those coordinates have been determined by said survey. Section 4. When any tract of land to be defined by a single description extends from one into the other of the above coordinate zones, the positions of all points on its boundaries may be referred to either of said zones, the zone which is used being specifically named in the description.

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Section 5. (a) For the purpose of more precisely defining the Georgia Coordinate System, the following definition by the United States Coast and Geodetic Survey is adopted. The Georgia Coordinate System, East Zone, is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian eighty-two degrees ten minutes west of Greenwich, on which meridian the scale is set one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian eighty-two degrees ten minutes west of Greenwich and the parallel thirty degrees north latitude. This origin is given the coordinates: x - 500,000 feet and y - 0 feet. Definition. The Georgia Coordinate System, West Zone, is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian eighty-four degrees ten minutes west of Greenwich, on which meridian the scale is set one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian eighty-four degrees ten minutes west of Greenwich and the parallel thirty degrees north latitude. This origin is given the coordinates: x - 500,000 feet and y - 0 feet. (b) The position of the Georgia Coordinate System shall be as marked on the ground by triangulation or traverse stations established in conformity with standards adopted by the United States Coast and Geodetic Survey for first-order and second-order work, whose geodetic positions have been rigidly adjusted on the North American datum of 1927, and whose coordinates have been computed on the system herein defined. Any such station may be used for establishing a survey connection with the Georgia Coordinate System. Section 6. The use of the term Georgia Coordinate System on any map, report of survey, or other document, shall be limited to coordinates based on the Georgia Coordinate System as defined in this Act. Section 7. Nothing contained in this Act shall require any purchaser or mortgagee to rely on a description, any

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part of which depends exclusively upon the Georgia Cordinate System. Nothing in this act shall be so construed as to require any person, firm, or corporation to use the system of co-ordinator herein provided for in order to obtain or secure a legal description of land or real estate. Section 8. If any provision of this Act shall be declared invalid, such invalidity shall not affect any other portion of this Act which can be given effect without the invalid portion, and to this end the provisions of this Act are declared to be severable. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1945. SHERIFFS' FEES IN CERTAIN COUNTIES. 24-2823. No. 275. An Act to amend Section 24-2823 of the 1933 Code of Georgia relating to the fees the Sheriffs are entitled to charge and collect for official duties performed by them; and for 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 Code Section 24-2823 of the 1933 Code of Georgia providing for fees the sheriffs are entitled to charge and collect for official duties performed by them is hereby stricken in its entirety and in lieu thereof the following is hereby adopted: 24-2823 stricken. Code Section 24-2823. Fees enumerated.The Sheriffs shall be entitled to charge and collect the following fees for official duties performed by them, to-wit: New fees enumerated. CIVIL CASES. Serving copy of a process and returning original per copy $ 3.00

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Suit from another county, to be paid in advance $ 3.00 Summoning each witness 1.00 Summoning jury and attending trial to assess damages for right of way 5.00 Services in every case before a jury 2.00 Each levy of fieri facias 3.00 Search and return of nulla bona 3.00 Serving summons of garnishment, or rule against garnishee 2.00 If more than one, for each additional copy 2.00 Summoning jury, case of nuisance, each juror .50 Each juror in any county court .50 Each juror for the Superior Court or City Court .50 Commissions on sales of property, on sums of $50.00 or less, 5 per cent. On excess above $50 up to $550, 2 per cent. For all sums exceeding $550, on excess, 1 per cent. No commissions shall be charged unless property is actually sold. Making out and executing titles to land 5.00 If presented by purchaser 2.50 Executing bill of sale to personal property, when demanded by purchaser 3.00 Forthcoming bonds 3.00 Serving process against tenant holding over, or intruder upon land to dispossess them 3.00 For dispossessing tenant or intruder 8.00 Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted 4.00 Settling each execution in his hands, settled without sale 3.00 Settling execution from justice's court 2.00 Keeping horse or mule per day 1.00 Each head of cattle, per day .50 Each head of sheep, hogs, or goats, per day .50 Levying an attachment 3.00 Following property out of county with attachment, for every mile going and returning .10 Attendance, superior or city courts, per day 10.00 Courts of ordinary, per day 5.00

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At elections as required by law, each day $10.00 Collecting tax fi fa's $100.00 or less, each 1.00 Collecting tax fi fa's over $100.00, each 2.00 The per diem for attendance on courts and elections, and service in summoning jurors shall be paid by the county. CRIMINAL CASES Removing prisoner when habeas corpus is sought for his relief $ 3.00 Removing prisoner under habeas corpus, when no mileage is paid, per day 3.00 Personal services rendered out of the county on official business authorized by the county authorities, per day and actual expenses. 5.00 Attending person taken by warrant to judge's chamber, for each time 2.50 Conducting prisoner before judge or court to and from jail 2.00 Executing and returning a bench warrant 4.00 Apprehending a person suspected, if committed or held to bail 4.00 Each person, not exceeding two, who may be employed to guard a prisoner to and from jail, per day 2.50 Summoning each witness 1.00 Taking bonds in criminal cases 3.00 Executing a criminal 10.00 Executing a warrant of escape 3.00 Services in every criminal case before a judge or a judge and jury 3.00 Mileage fees, fees for executing criminals and for guard, fees for subpoenaing witnesses for the State as hereinbefore provided, shall be paid by the county; and no criminal cost herein provided for shall be collectible out of the defendant until after conviction, except costs accruing upon forfeited recognizances. For turning key on receiving prisoners in County jail 1.00

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For discharging prisoners 1.00 For feeding prisoners confined in the common jail, such fees as may be fixed by the fiscal authorities of the County who are authorized by law to fix such fees. The jail fees herein provided shall be paid monthly by the County, provided that local laws regulating county jails or fixing salaries for jailors or their fees shall not be repealed by this provision. All cost arising from services rendered in felony cases shall be paid from county funds, whether the defendant is convicted or acquitted. Sheriffs shall be entitled to receive the fees provided for in this section for all arrests in all criminal cases, tried or otherwise disposed of in the Superior, City and Ordinary's court. Local laws not affected. No local law shall be affected hereby; provided, that if provisions be made by local or special law for special compensation; the sheriff shall not be entitled to compensation both under this section and under such local or special law, unless specifically provided for under such local or special law. That nothing herein contained shall apply to counties having a population of 83,783 or more according to the 1940 census or any future census. Approved March 6, 1945. ADJUTANT GENERALSUBSISTENCE. No. 276. An Act to amend an Act fixing the duties, bond, compensation and assistants of the Adjutant General (Ga. Laws 1935, page 96), as amended by an Act of the General Assembly of 1937-38, Extraordinary Session (Ga. Laws 1937-38, Extraordinary Session, pages 279-281), by striking the language fixing the compensation of the Adjutant General, and substituting other language therefor, so as to increase the compensation of

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the Adjutant General; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. The Act of the General Assembly of Georgia (Ga. Laws 1937-38, Extraordinary Session, pages 279-281), fixing the eligibility, appointment, duties, residence, bond, compensation and assistants of the Adjutant General, is hereby amended by striking therefrom the following language: The salary of the Adjutant General shall be $4,620 per year. The salary as above set forth shall be in lieu of all rent and subsistence and auto allowances as have been heretofore provided in section 86-501 of the Code of 1933, Part stricken. and substituting in lieu thereof the following language: The compensation of the Adjutant General shall be $4,620.00 per year, and in addition thereto the Adjutant General shall receive the subsistence and quarters allowance of a Brigadier General in the Army of the United States, Compensation. so that the law with reference to the eligibility, appointment, duties, residence, bond, compensation, and assistants of the Adjutant General shall be as follows: Act amended. 86-501. The Adjutant General; eligibility, appointment, duties, residence, bond, compensation, and assistants.The Adjutant General shall be chief of staff to the Governor in all military and naval affairs of the State and subordinate only to the Governor in matters pertaining to the Military Department and military and naval affairs of the State. The Adjutant General shall be appointed by the Governor for a term concurrent with the term of the Governor appointing him, and shall have the rank of a Brigadier General. No person shall be eligible to hold the office of Adjutant General unless he holds or has held a 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

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have served not less than two years in one or more such services, and shall not be less than 25 nor more than 64 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. The compensation of the Adjutant General shall be $4,620.00 per year, and in addition thereto the Adjutant General shall receive the subsistence and quarters allowance of a Brigadier General in the Army of the United States, and shall be paid pro rata each month, the said compensation not to affect mileage as now allowed under existing laws with reference to the ownership of automobiles. He shall perform such duties pertaining to the office of Adjutant General as from time to time may be provided by the laws, rules, and regulations for the Government for the United States Army and such as may be designated by the Governor. He shall have an assistant adjutant general, United States property and disbursing officer, and such other commissioned assistants and employees as may be necessary, and they shall be selected and employed by the Adjutant General and perform such duties as may be required of them, and he shall fix their salaries. He shall be the custodian of all military records and shall keep them filed, indexed, and available for ready reference. He shall keep an itemized account of all moneys received and disbursed from all sources and shall make an annual report to the Governor on the condition of the National Guard, with a roster of all commissioned officers, and such other matters relating to the National Guard as he shall deem expedient. The Governor shall require the Adjutant General to give bond to the State in the sum of $10,000, with good and sufficient securities, to be approved by the Governor, faithfully to discharge the duties of his office. To vead as amended. Appointed by Governor. Rank of Brigadier General. Age. Residence. Compensation. Subsistence. Duties. Assistant Adjutant General. Accounts. Bond. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 6, 1945.

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IMPEACHMENT OF OWN WITNESS. 38-1801. No. 282. An Act to amend Section 38-1801 of the Code of 1933 of Georgia (Acts of 1890-1, page 78) to include therein additional classes of persons who may be made a witness and cross-examined with the further right of impeachment, etc. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 38-1801 of the Code of 1933 of Georgia (Acts of 1890-1, page 78) be, and it is hereby amended, by inserting in the seventh line of said Code Section immediately after the word defended and before the words a witness the words or any agent of said party or officer of a corporation when a corporation is such party, so that said Section when amended shall read as follows: 38-1801 amended. 1. Impeachment of Own Witness.A party may not impeach a witness voluntarily called by him, except where he can show to the court that he has been entrapped by the witness by a previous contradictory statement: Provided, that in the trial of all civil cases, either plaintiff or defendant shall be permitted to make the opposite party, or any one for whose immediate benefit such suit is prosecuted or defended, or any agent or [sic] said party, or officer of a corporation when a corporation is such party, a witness, with the privilege of subjecting such witness to a thorough and sifting examination, and with the further privilege of impeachment, as if said witness had testified in his own behalf and were being cross-examined. Section to read as amended. Impeachment of own witness. 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 8, 1945.

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BANKING LAWSFORGED ENDORSEMENTS. Ch. 13-20. No. 285. An Act to amend Chapter 13-20 of the Code of Georgia of 1933, relating to the Regulation of the Business of Banking, by adding thereto a new Section to be appropriately numbered, which shall provide that no bank which has in good faith paid a check bearing a forged or unauthorized indorsement shall be liable to any person for such payment, either by reason of such payment, the endorsement of said check by such bank, or the guarantee by said bank of prior indorsements, unless within one year after such payment, indorsement by such bank, or guarantee of indorsements by such bank, the drawer or some subsequent indorser shall notify such bank in writing that said check bore a forged or unauthorized indorsement, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Chapter 13-20 of the Code of Georgia of 1933, entitled Regulation of the Business of Banking, is hereby amended by adding a new Section thereto, to be appropriately numbered, and which shall read as follows: Ch. 13-20, new section. Forged or Unauthorized IndorsementsNo bank which has in good faith paid a check bearing a forged or unauthorized indorsement shall be liable to any person for such payment, either by reason of such payment, the indorsement of said check by such bank, or the guarantee by said bank of prior indorsements, unless within one year after such payment, indorsement by such bank, or guarantee of indorsements by such bank, the drawer of said check or some subsequent indorser or holder thereof shall notify such bank in writing that said check bore a forged or unauthorized indorsement. Provided that the liability of any bank in paying a check bearing a forged payee's indorsement, when said check is drawn on the bank so paying, shall continue

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until one year after a statement, which includes the check on which the payee's indorsement was forged, has been rendered to the customer drawing said check. Forged indorsement. Bank shall be notified one year after payment. 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 8, 1945. STATE AREA VOCATIONAL SCHOOLS. No. 295. An Act to authorize and empower the State Board of Education, on behalf of the State of Georgia to set up, locate, maintain and operate Area Trade, Vocational and Industrial Schools; to authorize and empower the State Board of Education to contract for and purchase real and personal property, machinery and equipment and to accept and receive gifts and donations, of both real and personal property, including machinery and equipment, from either public or private sources as may be offered unconditionally, or under conditions related to the teaching of Vocational, Industrial or Trade courses; to authorize and empower said State Board of Education to maintain, repair and keep machinery and equipment necessary for teaching Vocational, Industrial and Trade subjects and to build and equip necessary buildings for carrying on any of such schools; to employ teachers, supervisors and directors of Vocational training and to fix and pay salaries and expenses thereof; to purchase instructional supplies and maintenance equipment; to authorize and empower said State Board of Education to accept, receive, disburse and administer appropriations and funds made available by the Federal Congress for the purpose of assisting the State in the operation of Area Trade, Vocational and Industrial Schools; and to disburse and administer funds allocated and appropriated

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by the State of Georgia for the maintenance and operation of such State Area Schools; and to manage, disburse and use any private or public funds given or donated for Vocational education purposes; to authorize and empower the State Board of Education to distribute all machinery, equipment and funds so as to promote such State Area Schools in different sections of the State; to give authority to said State Board of Education to provide for the transportation of trainees to and from such Schools; to adopt, promulgate and establish rules, regulations, fix courses of study, establish ages and classes for students so as to include therein students who may have been incapacitated by reason of injuries received in industry, or otherwise, and by reason of participation in any of the branches of the Military during the present World War; to provide that the provisions of this Act shall not be construed as repealing, changing or modifying any of the laws now in force relative to Vocational training in the common schools of the State, nor of changing the method or manner of distributing funds to common schools for teaching Vocational subjects, but shall be construed as granting additional powers relative to the teaching of Vocational subjects; 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 Education of Georgia, for and on behalf of the State of Georgia, is hereby authorized and empowered to locate, set up, establish, operate, maintain and carry on State Area Trade, Vocational and Industrial Schools for teaching Vocational, Industrial and Trade subjects. State Board of Education authorized to establish trade schools. Section 2. That to better enable said State Board of Education to properly locate and carry on said State Area Schools as provided in Section 1 of this Act, said Board is hereby empowered and authorized to contract for and purchase real estate and building sites, to build, construct and properly equip and maintain, for teaching and boarding

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students all necessary buildings and houses, and to contract for and to purchase, maintain, repair and supply all necessary machinery, equipment, instructional supplies and maintenance equipment. Purchase of land and buildings. Section 3. That said State Board of Education is hereby authorized and empowered to accept and receive donations and gifts, of both real and personal property, including machinery and equipment, from either public or private sources as may be offered unconditionally, or under conditions related to the teaching of Vocational, Industrial or Trade courses, and to accept, receive, use, distribute and administer any and all appropriations that may be made by the Federal Congress to assist the State in the maintenance and operation of State Area Trade, Industrial or Vocational Schools, and to administer all funds allocated or appropriated by the State of Georgia for setting up, maintaining and operating such State Area Schools, and to manage, administer and use for such purpose, all funds that may be given or donated by individuals or other public or private agencies. Said Board is further authorized and empowered to allocate and distribute to the different State Area Schools established by virtue of authority of this Act in such proportion as may, in their discretion, be most advantageous to the State as a whole, any and all machinery and equipment owned or held by said Board or which may be hereafter, obtained or acquired. Gifts and donations. Federal aid. Section 4. That said State Board of Education be, and it is, hereby empowered and authorized to adopt, promulgate and establish rules and regulations for the operation of such schools, provide for the entrance and enrollment of students for courses therein, to fix and prescribe courses of study to be taught therein, to prescribe the ages, requirements and conditions under which students may be received for instructions in such schools, to prescribe and arrange for classes and courses in the different vocations and trades, and to prescribe and set up courses for citizens of the State who may receive injuries in industry, or otherwise, and to provide for and

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set up classes to rehabilitate and prepare members of the Military taking part in the present World War for remunerative employment. Rules and regulations. Section 5. That said State Board of Education be, and it is, hereby authorized to employ necessary teachers, supervisors and directors of Vocational training for carrying on and operating Area Trade Schools set up, established and operated by virtue of authority invested in said Board by this Act, and said Board is hereby authorized to fix and pay the salaries and expenses of said employees out of funds made available by appropriations of Congress, the State and gifts or donations for such purposes. Said Board is also authorized and empowered, where funds are made available therefor, to provide for transportation of trainees to and from State Area Schools established under authority of this Act, this power to be exercised in the discretion of said Board of Education. Employment of teachers, etc. To fix salaries. Transportation of trainees. Section 6. That nothing in this Act shall be construed as repealing, changing or modifying any of the laws now in force relative to Vocational training in the common schools of the State, nor as repealing, changing or modifying the laws relative thereto or the method of distribution of funds to common schools for teaching Vocational subjects, but that this Act shall be construed as giving and granting additional and supplemental powers relative to the teaching of Vocational subjects and courses. Laws of force not repealed or changed by this Act. Section 7. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 8, 1945. COURT OF APPEALSENTIRE COURT OR DIVISIONS. 24-3501. No. 299. An Act to amend Section 24-3501 of the Code which provides that the Court of Appeals shall consist of six Judges, who shall elect one of their number as Chief

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Judge, in such manner and for such time as may be prescribed by rule or order of the Court. The Court shall sit in divisions of three Judges each, but two Judges shall constitute a quorum of a division. The assignment of Judges to each division shall be made by the Chief Judge, and the personnel of the divisions shall from time to time be changed in accordance with rules prescribed by the Court. The division of which the Chief Judge is a member shall be known as the first division, and he shall be its presiding Judge. He shall designate the presiding Judge of the second division, and shall, under rules prescribed by the Court, distribute the cases between the divisions in such manner as to equalize their work as far as practicable; and all criminal cases shall be assigned to one division. Each division shall hear and determine, independently of the other, the cases assigned to it, so as to provide that the two divisions of the Court of Appeals shall determine certain cases sitting as one court, and so as to provide that in other cases they shall have the discretion to do so, and for 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 24-3501 of the Code of Georgia of 1933 be, and the same is hereby amended, by adding to the end thereof the following: Except that from and after the first day of the April Term 1945, of the Court of Appeals of Georgia, the two divisions of the court, sitting as one court, shall pass on and determine each case in which there is a dissent in the division to which the case was originally assigned, unless upon consideration of the case by the two divisions as one court there is an equal division between the judges passing upon the case, in which event the case shall be decided by the division to which it was originally assigned. In all cases which involve one or more questions which in the opinion of the majority of the judges of the division to which a case is assigned should be passed upon by the two divisions sitting as one court, the questions may be presented to the two divisions sitting as one court, and if a

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majority of the two divisions sitting as one court decide that the question or questions involved should in their judgment and discretion be decided by the two divisions sitting as one court, the case shall be passed upon by the two divisions sitting as one court, provided that a majority of the judges passing upon the case concur in the judgment, otherwise the case shall be passed upon by the division of the court to which it was originally assigned. In neither class of cases shall there be oral argument except before the division to which the cases are originally assigned. 24-3501 amended. The 2 divisions sitting as one court to pass on certain cases. When court equally divided the case shall be decided by the original division. No oral argument in such cases. Section 2. Be it further enacted, that it being among the purposes of this Act to avoid and reconcile conflicts between the decisions of the two divisions and to secure more authoritative decisions, it is hereby provided that when the court sitting as one entire court composed of both divisions, the court as thus constituted may by the concurrence of as many as five judges overrule any previous decision by either division alone in the same manner as now prescribed for the Supreme Court; and as precedent, a decision by such entire court, with only a majority concurring shall take precedence over a decision by either division not concurred in by all the judges of such division. A decision concurred in by all six judges shall not be overruled or materially modified except with the concurrence of six judges. Cases overruled. Section 3. Be it further enacted that when both divisions are sitting together as one court four judges shall be necessary to constitute a quorum, but in all cases decided by such court as a whole by less than six judges, the concurrence of at least three shall be essential to the rendition of a judgment. Quorum. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1945.

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COURT OF APPEALS DEPUTY CLERK'S SALARY. No. 304. An Act fixing the salary of the Deputy Clerk of the Court of Appeals, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the salary of the deputy clerk of the Court of Appeals shall be $3,600 per annum, payable in monthly installments. Salary of deputy clerk $3,600.00. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 8, 1945. FORECLOSURE OF CARRIERS' LIENS ON BAGGAGE. 18-401. No. 309. An Act to amend Section 18-401 of the Code of Georgia of 1933, to provide how the lien of a carrier of passengers on the baggage of passengers may be foreclosed, and for 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 18-401 of the Code of Georgia of 1933 relating to liens on baggage in favor of carriers of passengers be and the same is hereby amended by adding at the end of the Section the following: Said lien may be foreclosed as follows: Whenever said baggage has been transported to destination by any common carrier and is uncalled for or refused by the holder of the baggage check issued therefor and remains uncalled for or refused for six months after

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its arrival at destination, the carrier may sell the same at public auction to the highest bidder at such place and time as may be designated by the carrier; provided that the carrier shall have published notice containing a general description of the baggage, that is whether trunk, hand baggage, suitcase, box, bundle, etc., and the time and place of sale, once a week for two successive weeks in a newspaper of general circulation at the place of sale or nearest place thereto. Added part. So that said section as amended shall read as follows: 18-401 amended. 18-401 (2743) Lien for fare and baggage charges.The carrier of passengers shall have a lien on the baggage, not only for its charges, but also for the passenger's fare. Said lien may be foreclosed as follows: Whenever said baggage has been transported to destination by any common carrier and is uncalled for or refused by the holder of the baggage check issued therefor and remains uncalled for or refused for six months after its arrival at destination, the carrier may sell the same at public auction to the highest bidder at such place and time as may be designated by the carrier; provided that the carrier shall have published notice containing a general description of the baggage, that is whether trunk, hand baggage, suitcase, box, bundle, etc., and the time and place of sale, once a week for two successive weeks in a newspaper of general circulation at the place of sale or nearest place thereto. To read. Baggage uncalled for or refused. Sale at public auction. Published notice. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 8, 1945. STATE BOARD OF HEALTHVITAL STATISTICS. Ch. 88-11, 88-12. No. 311. An Act to provide a complete and comprehensive Vital

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Statistics Law for Georgia; providing the powers and duties of the State Board of Health and Division of Vital Statistics; to authorize the Director to appoint registrars and deputies; to provide their duties; to provide compulsory registration of births; to provide for the issuance of birth certificates; to require registration of foundlings; to require registration of deaths and stillbirths; to make certain medical reports and other information confidential; to make certificates filed under the provisions of this Act prima facie evidence of the facts stated therein; to authorize the issuance of certified copies of birth certificates under stated conditions, and to provide for the payment of fees for such certificates; to require certain persons to make records; to require granting of permit for removal, burial, or other disposition of dead body; to require a copy of each birth, death, or stillbirth certificate to be forwarded monthly to the county custodian of vital statistics records; to provide compensation for local registrars; to provide for disposition of fees received by the Department under this Act; to provide for the registration of marriage, together with a registration fee; to provide for registration of divorce and annulment of marriage, together with the registration fee; to provide penalties for the violation of this Act; to authorize reasonable rules and regulations to be promulgated; to repeal Chapter 88-11 and 88-12 of the Code of Georgia entitled Vital Statistics in its entirety, together with an amendment entitled Adopted ChildrenBirth Certificates approved March 20, 1943 (Ga. L. 1943, pp. 420-421). It is not the purpose to revive Section 14, subsection 2 of Georgia Laws 1941, pages 300 et seq., but the same is expressly repealed as set forth in the latter amendment; to repeal all conflicting laws; and for other purposes. Section 1. The object and purpose of this Act is to make and provide a complete and comprehensive Vital Statistics Law for the State of Georgia and to repeal all laws or parts of laws in conflict herewith; to expressly repeal Chapter 88-11 and 88-12 of the Code of Georgia,

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the same pertaining to Vital Statistics; to expressly repeal an Act entitled Adopted ChildrenBirth Certificates approved March 20, 1943; to expressly repeal subsection 2 of Section 14 of an Act approved March 27, 1941 (Ga. L. 1941, pp. 300-310); to repeal any law or laws in conflict with this Act. Purpose of Act. Code, Chapters 88-11 and 88-12 repealed. Act of 1943 and subsection 2 of section 14 of Act of 1941 repealed. Section 2. Definitions. As used in this Act: (1) Vital Statistics includes the registration, preparation, transcription, collection, compilation, and preservation of data pertaining to births, adoptions, legitimations, deaths, stillbirths, marital status, and data incidental thereto. Definitions. (2) Live Birth means the birth of a child who shows evidence of life after the child is entirely outside the mother. (3) Stillbirth means a birth after twenty weeks' gestation which is not a live birth. (4) Dead body means lifeless human body or such parts of the human body or the bones thereof from the state of which it reasonably may be concluded that death recently occurred. (5) Person in charge of interment means any person who places or causes to be placed a stillborn child or dead body in a grave, vault, or other receptacle or otherwise disposes thereof. (6) Physician means a person legally authorized to practice medicine in this State. (7) Board means State Board of Health. (8) Department means Department of Public Health. (9) Director means Director of the Department of Public Health. Section 3. Duties of the State Board of Health. The State Board of Health shall: Duties of State Board of Health. (1) Establish a Division of Vital Statistics with suitable

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offices properly equipped for the preservation of its official records. (2) Install a state-wide system of vital statistics. (3) Make and may amend necessary regulations, give instructions and prescribe forms for collecting, transcribing, compiling, and preserving vital statistics. (4) Enforce this Act and the regulations made pursuant thereto. Section 4. The regulations of the Board shall take effect after passage and approval by the Board. Effective date of Board's regulations. Section 5. Registration Districts. The Board shall divide the State from time to time into registration districts which shall conform to political subdivisions, or combinations thereof, or of parts thereof. Any city with an organized Health Department shall be considered a political subdivision for purposes of registration of vital statistics. Registration districts. Section 6. Local Registrars and Deputies. The Director shall appoint registrars. A local registrar shall be Justice of the Peace, or Ex-officio Justice, or any person selected by the Director. A local registrar, subject to approval of the Director, shall appoint a deputy or deputies. The local registrar shall immediately report to the Department violations of this Act or the regulations of the Board. Local registrars and deputies. Section 7. The local registrar or his deputy shall not issue certified copies of any vital statistics records in his possession. All such records shall be deemed to be the property of the Georgia Department of Public Health. Records as property of State Department. Section 8. Compulsory Registration of Births. Within the time prescribed by the Board, a certificate of every birth shall be filed with the local registrar of the district in which the birth occurred; such certificate shall be filed by the father, or if the father is not available, by the mother, and, in the absence of both, by the next of kin or the person having custody of the child. A confidential medical report of each birth shall be made upon a form

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which shall be prescribed by the State Board of Health, which report shall be filed by the physician, midwife, or other legally authorized person in attendance at the birth, with the State Department of Public Health, which report shall be used for statistical and public health purposes only. Registration of births. Section 9. Supplemental Report of Name. In the event the child has not been named at the time the certificate is filed, the local registrar shall deliver to the parents a blank for the supplemental report of the given name of the child, which shall be filled out and returned to the local registrar as soon as the child shall have been named and shall be forwarded to the State Department of Public Health with his regular report. Supplemental report of name. Section 10. Adoptions. In case of adoption of a person born in the State of Georgia it shall be the duty of the clerk of the superior court to forward by the fifteenth of the following month a certified copy of the adoption proceedings to the Division of Vital Statistics of the Georgia Department of Public Health. The Division upon receipt of the certified copy of the adoption proceedings and upon request of the adopting parents shall prepare a substitute certificate on a form prescribed by the State Board of Health in the name of the adopted person, naming the true date and place of birth and sex of said adopted person and statistical particulars and names of the foster parents in place of natural parents. The Division shall make a substitute birth certificate if furnished with a certified copy of the order of adoption for any birth certificate in its custody. If no birth certificate is found to be on file for the adopted person and if such person was born in the State of Georgia, a delayed birth certificate shall be executed according to the provisions of Section 23. The Division of Vital Statistics shall send a copy of the substitute record to the official responsible for the maintenance of county and/or city vital statistics records as the Board may direct, and such official shall substitute said substitute record for the certificate on file in his office. The copies of the original county birth record shall then be forwarded to the Division

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of Vital Statistics to be sealed with the original record in the files of the Division of Vital Statistics. Such sealed records may be opened by the Division of Vital Statistics only upon demand of the adopted person, if of age, or by order of a court of competent jurisdiction. Upon receipt of a certified copy of a court order of annulment of adoption, the Division of Vital Statistics shall restore the original certificate to its original place in the files. Record of adoptions. Birth certificates. Annulment of adoption. Section 11. Birth Certificate of Illegitimate Child. If the child is illegitimate, the name of the putative father shall not be entered without his consent in writing. Illegitimate child. Section 12. Amendment of Certificates. No certificate accepted for filing by the Department shall be altered in any manner nor shall any certificate be amended except by order of the Court of Ordinary of the county of birth or residence of the child. The Board shall provide the forms and prescribe by regulation the minimum evidence requirements for amending such certificates. The ordinary shall receive a fee of $1 for this order to be paid by the applicant. Amendment of certificates. Section 13. Registration of FoundlingsFoundling Report. Whoever assumes the custody of a foundling child of unknown parentage shall file immediately with the local registrar of the district a certificate upon a form to be prescribed by the Board, which certificate shall be acceptable for all purposes in lieu of a birth certificate. If the child is identified and a regular birth certificate is found or obtained, the foundling certificate shall be sealed and filed and may be opened only upon court order. Foundlings. Section 14. Registration of Deaths and Stillbirths. The person in charge of interment shall be responsible for obtaining and filing, within the time prescribed by the Board with the local registrar of the district within which the death or stillbirth occurred or the body was found, a certificate of death or stillbirth, upon a form to be prescribed by the Board. Deaths and stillbirths. Section 15. Compulsory Registration of Deaths and

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Stillbirths. A certificate of every death or stillbirth shall be filed with the local registrar of the registration district within which the death or stillbirth occurred, within the time prescribed by the Board, or, if the place of death or stillbirth is unknown, then with the local registrar of the district in which the body is found. Same. Section 16. Death Certificates. (1) The person in charge of interment shall file, with the local registrar of the district in which the death occurred or the body was found, a certificate of death within the time prescribed by the Board. Death certificates. (2) In preparing a certificate of death, the person in charge of interment shall obtain and enter on the certificate the personal data required by the Board from the persons best qualified to supply them. He shall present the certificate of death to the physician last in attendance upon the deceased or to the coroner having jurisdiction who shall thereupon certify the cause of death according to his best knowledge and belief. (3) Thereupon the person in charge of interment shall notify the appropriate local registrar. (4) Deaths from criminal violence, or by a casualty, or by suicide, or suddenly while in apparent health, or when unattended by a physician, or in any suspicious or unusual manner, shall be reported forthwith to the county coroner, who shall execute a certificate of death upon a form prescribed by the Board. Section 17. Stillbirth Certificates. In the filing of certificates for medically attended stillbirths, the procedure provided in Section 15 for filing death certificates shall be followed: Stillbirths without medical attendance shall be referred to the county or city health officer or, if there is no health officer, to the coroner, who shall execute the stillbirth certificate. The form of stillbirth certificate shall be prescribed by the Board. Stillbirth certificates. Section 18. Certificates as Evidence. Certificates filed under the provisions of this Act shall be prima facie evidence of the facts stated therein. Certificates as evidence.

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Section 19. Certified CopiesBirth Certificates. Certified copies of birth records containing complete information shall be issued only by the Department, by the ordinary, or by the city or county health officer designated as custodian of local vital statistics records when requested to do so by any of the following: Who may obtain certified copies of birth certificates. (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 20. Certified Copies. (1) Subject to the provisions of Sections 19 and 24, the Department or ordinary or other custodian of vital statistics records shall, upon request, issue to any applicant a certified copy of any certificate or any part thereof. Certified copies. (2) Certified copies of the contents of any certificate on file in the Department or any part thereof, certified by the Director or his deputy appointed for this purpose, shall be considered for all purposes the same as the original. Effect of certified copy. Section 21. Fees for Certified Copies. For certified copies, certifications, and verifications of information from the records filed under this Act, fees shall be collected as follows: Fees. (1) Full certified copies$1. (2) Short formsissues under provisions of an Act approved March 11, 1943 (Ga. L. 1943, pages 428-429)50. (3) Verifications of Information on File. Such verifications

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being limited to such Governmental and private agencies as may be determined by the Board25. Section 22. Disposition of Fees. Be it further enacted that all fees received by the Department for certified copies, certifications, verifications, marriage reports, and divorce reports as provided in this Act shall be placed in a special fund, the same being hereby appropriated to the Department of Public Health for the purposes of the enforcement of this Act, the Board being hereby authorized to use such sums as are necessary from this fund for supervision and general expenses of the Department of Public Health and to expend the remainder of said moneys so collected to enforce the provisions of this Act. Disposition of fees. Section 23. Delayed Certificates. The Board shall establish regulations and forms for the issuance of delayed birth certificates to persons born in the State for whom no birth certificate has previously been filed. Delayed birth certificates. Section 24. Disclosure of Records. (1) The records and files of the Division of Vital Statistics and other vital statistics records are open to inspection, subject to the provisions of this Act and the regulations of the Board; but, it is unlawful for any officer or employee of the Board to disclose data contained in vital statistics records, except as authorized by this Act and by the Board. Disclosure of data from records. (2) Disclosure of illegitimacy of birth or of information from which it may be ascertained may be made only upon order of a court in case where such information is necessary for the determination of personal or property rights and then only for such purposes. (3) The Department shall not permit the inspection of vital statistics records or issue a certified copy of a certificate or part thereof unless they are satisfied that the applicant therefor has a direct and tangible interest in the matter recorded. The decision of the Department shall be subject to review by the Board of court [sic] under the limitations of this Act.

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(4) The Board may permit the use of data contained in vital statistics records for research purposes, subject to such regulations and under such supervision as the Board may direct. (5) Subject to the provisions of this section, the Director may direct the Division of Vital Statistics to make a return upon the filing with them of birth, death, and stillbirth certificates and of certain data shown thereon to federal, state, county, or municipal agencies. Section 25. Legitimation. In cases of legitimation, the Division of Vital Statistics, upon proof thereof, shall prepare a new certificate of birth in the new name of the legitimated child. The evidence upon which the new certificate is made and the original certificate shall be sealed and filed and may be opened only upon order of court. Legitimation. Section 26. Persons required to Make Records. Persons in charge of institutions for care or correction or for treatment of disease, injury, or childbirth shall record and report all statistical data required by this Act relating to their inmates or patients. Persons required to make records. Section 27. Permit for Removal, Burial, or Other Disposition. When a death or stillbirth occurs or a dead body is found, the body shall not be disposed of or removed from the registration districts until a permit has been issued by the local registrar or the Department. In rural sections of Georgia the time for filing permits for burial or death certificates shall be extended to six (6) days provided the death is of an infant under the age of two (2) weeks. Permit for removal or burial of corpse. Section 28. Prerequisites for Permit. No permit under Section 27 shall be issued until a certificate of death or stillbirth, as far as it can be completed under the circumstances of the case, has been filed and until all the regulations of the Board in respect to the issuance of such permit have been complied with. Prerequisites for permit under section 27. Section 29. Foreign Permit for Removal, Burial, or Other Disposition of Body. When death or stillbirth occurs

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outside this State and the body is accompanied by a permit for burial, removal, or other disposition issued in accordance with the law and regulations in force where the stillbirth or death occurred, the permit shall authorize the transportation into or through this State; but, before the burial, cremation, or other disposal of the body within the State, the permit shall be endorsed by the local registrar who shall keep a record thereof. Foreign permit for removal, burial, or other disposition of body. Section 30. Transmittal of Certificates to Department. Local registrars shall transmit all original certificates and confidential medical reports filed with them to the Department in accordance with regulations of the Board. Transmittal of certificates to Department. Section 31. Local Record. The Department shall prepare a copy of each birth, death, or stillbirth certificate and forward monthly to the ordinary or other designated custodian of vital statistics records, to provide the local record of vital statistics and to such officials as the Board may direct. Local records. Section 32. Compensation of Local Registrars. Each local registrar shall be paid the sum of 50 cents for each complete birth, stillbirth, or death certificate returned by him to the Department in accordance with the provisions of this Act and the regulations of the Board. In case no birth, death, or stillbirth was registered during any calendar month, the local registrar shall so report and be paid the sum of 25 cents for the report. Compensation of local registration. Section 33. Payment of Fees. Upon certification by the Department, the fees of local registrars shall be paid by the treasurer of the proper county out of the general fund of the county. The Department shall certify monthly to the treasurer of each county the number of births, stillbirths, and deaths received from each registrar with the amount due each. The ordinary, the county or city health officer, as the case may be, shall be paid a fee of 25 cents for each birth, stillbirth, and death certificate properly filed and indexed by him, said fee to be paid from county funds by the county treasurer. Payment of fees. Section 34. Registration of Marriage. Each official authorized by law to issue marriage licenses and file

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marriage certificates shall forward to the Department, within the time prescribed by the Board, a certificate of such information concerning the marriage as the Board may direct, upon a form provided by the Board. Registration of marriages. Section 35. Marriage Registration Fee. Every official authorized to issue marriage licenses shall collect from the applicant, at the time of issuance of each license in addition to other fees prescribed by law, a marriage registration fee of $1, of which the sum of 50 cents shall accompany each certificate forwarded to the Department in accordance with the provisions of Section 34, of this Act, retaining the sum of 50 cents as a fee for performing the service herein provided. Marriage registration fee. Section 36. Registration of Divorces and Annulments of Marriage. For each divorce or annulment of marriage decreed in this State the clerk of the court shall forward to the Department, within the time prescribed by the Board, a certificate of such information concerning the proceeding as may be required by the Board, upon a form which shall be provided by the Board. Registration of divorces and marriage annulments. Section 37. Divorce or Annulment Registration Fee. For every final decree of divorce or annulment of marriage granted, there shall be collected, in addition to the court costs, a registration fee of $1, of which the sum of 50 cents shall accompany each certificate forwarded to the Department in accordance with the provisions of Section 36 of this Act, the clerk of the court to retain the sum of 50 cents as a fee for performing the services herein provided. Divorce and annulment registration fees. Section 38. Penalties. (1) Any person who willfully makes or alters any certificate or certified copy thereof provided for in this Act, except in accordance with the provisions of this Act, shall be fined not more than $1,000 or be imprisoned not exceeding six months, or both fined and imprisoned. Penalties. (2) Any person who knowingly transports or accepts for transportation, interment, or other disposition of a

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dead body without an accompanying permit issued in accordance with this Act, shall be fined not more than $25. (3) Except where a different penalty is provided in this section, any person who violates any of the provisions of this Act or neglects or refuses to perform any of the duties imposed upon him by this Act, shall be fined not more than $25. Section 39. 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 this 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. Saving clause. Section 40. Repeal. Any and all acts and parts of acts which are inconsistent with the provisions of this Act are hereby repealed. Repealing clause. Approved March 8, 1945. ARMED FORCESEXEMPTION FROM TAX PENALTIES. No. 313. An Act to provide an exemption for members of the armed forces from the payment of any penalties, costs, interests or other fees assessed for failure to return real or personal property or to pay the tax on same; to provide for method of exemption; to provide for application by affidavit for exemptions; to withhold exemptions from persons dishonorably discharged; to provide the effective date of the Act; to provide a separability clause; 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:

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Section 1. That each person who has been, now is, or shall hereafter be a member of the armed forces of the United States of America, and receiving pay therefor from the United States Government, from the period beginning January 1, 1941 until six months after the termination of the present hostilities, or until six months after he shall be discharged, if discharged prior thereto, is hereby declared to be exempted from all penalties, costs, interest or other fees for failure to return real or personal property for taxes or for failure to pay the tax on said real or personal property, and any such penalties, costs, interest or other fees are hereby expressly forgiven: Provided the provisions of this Act shall be applicable to members of the armed forces engaged in the present conflict only. Members of armed forces exempt from tax penalties, etc. Section 2. Any State official or the official of any political subdivision of the State who has authority to assess or charge interest, penalties, costs or other fees for nonpayment or delinquency of taxes or failure to return real or personal property for taxes, shall strike the same from his records upon his own personal knowledge of the service with the armed forces of the person hereby exempted or upon evidence of such service as provided in Section 3 of this Act. Tax officials may act on own knowledge. Section 3. The following shall be evidence that a person was a member of the armed forces of the United States of America: (a) An honorable discharge. (b) The personal examination by the proper tax official of the State or the political subdivision of the records of any Selective Service Board. Evidence of service in armed forces. (c) The written statement of any official of a Selective Service Board. (d) The written statement or certificate of any commissioned officer of the person exempted. (e) The written statement of any person exempted if such execution be attested, verified or acknowledged by a commissioned officer of the armed forces.

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(f) An affidavit of the person exempted, if his service has terminated. (g) An affidavit of a relative of the person exempted. In each of the above cases except (a) and (b), the written statement, certificate or affidavit shall state the name of the person exempted, his residence at the time of enlistment or induction, and the approximate time and nature of the termination of such service, if terminated, and such evidence, excepting (a) and (b), shall remain on file with the tax official receiving same. Section 4. Any penalty, interest, costs or other fees for failure to return real or personal property or to pay the tax thereon at the time when due which shall have been paid during the period of military service herein exempted shall be refunded by the proper tax official of the State or the political subdivisions out of funds not otherwise appropriated. In the event that there was a distribution of a penalty or interest payment by a tax official to another tax official, whatever tax unit receiving any part of said payment or interest shall reimburse the tax official refunding the same for its respective part of such penalty or interest so received or collected. Refund of penalties, etc. Reimbursement of refunding tax official. Section 5. That no refund of any penalty, interest, costs or other fees on real or personal property taxes shall be made except upon an affidavit by the person so exempted or by his agent therefor appointed in writing and duly acknowledged, or, if he be dead, by his widow or one of his relatives, which affidavit shall state the name of the person assessed, his residence at the time of his enlistment or induction, the approximate time of the beginning of his service, and the approximate time and nature of the termination of his service, if terminated. No refund shall be made for a deceased person unless he leaves surviving a widow, a child or children, or parents, and said refund shall go to said survivors in the order named. Affidavit for refund. Refunds for decedents. Section 6. The exemption provided by this Act shall

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not apply in any case where a person in the military service has received a dishonorable discharge. Exemptions not applicable to one dishonorably discharged. Section 7. If any section, sentence or clause of this Act shall for any reason be held invalid or unconstitutional by any court of competent jurisdiction, the same shall not affect the validity of this Act as a whole or any part thereof of that portion so held to be invalid or unconstitutional. Saving clause. Section 8. This Act shall take effect immediately upon its passage and signature by the Governor. Effective date. Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 8, 1945. COUNTY BOARD OF TAX ASSESSORSCOMPLETION OF ASSESSMENTS. 92-6917. No. 315. An Act to amend Section 92-6917, Chapter 92-69 of the Code of Georgia of 1933, relating to revision and completion of assessments, by striking the word Comptroller General in the second line of said Section and substituting in lieu thereof the words State Revenue Commissioner; by striking the word July between the words by and 1st in the fourth line of said Section and substituting in lieu thereof the word June; to further amend said Section by striking the word Comptroller General after the word The and before the word for in the fifth and sixth lines of said Section and substituting therefor the words State Revenue Commissioner; by further amending said Section by striking therefrom the words by the State Revenue Commission after the word approval in the sixth and seventh lines of said Section; to provide the effective date thereof; to repeal all conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That Section 92-6917, Chapter 92-69 of the Code of Georgia of 1933, relating to revision and completion of assessments, be and the same is hereby amended by striking the word Comptroller General in the second line of said Section and substituting in lieu thereof the words State Revenue Commissioner; by striking the word July between the words by and 1st in the fourth line of said Section and substituting in lieu thereof the word June; to further amend said Section by striking the word Comptroller General after the word the and before the word for in the fifth and sixth lines of said Section and substituting therefor the words State Revenue Commissioner; and further amending said Section by striking therefrom the words by the State Revenue Commission after the word approval in the sixth and seventh lines of said Section, so that said Section, when so amended, shall read as follows: 92-6917. Revision and assessment to be completed when. Digest sent to State Revenue Commissioner. The county boards of tax assessors shall complete their revision and assessment of the returns of taxpayers in their respective counties by June 1st of each year. The tax receiver shall then immediately forward one copy of the completed digest to the State Revenue Commissioner for examination and approval. Revision and assessment to be completed June 1. Copy of digest to State Revenue Commissioner. Section 2. Be it further enacted by the authority aforesaid that this Act shall go into effect on the first day of January, 1946. Effective date. Section 3. That all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved March 8, 1945.

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VERIFICATION OF INDIVIDUAL DEPOSITS ACT REPEALED. No. 316. An Act to repeal Section 13-401A of the Code of Georgia of 1933, said Section having been enacted by the Act of 1943, approved March 19, 1943, (Georgia Laws 1943, page 248) and being designated in the Cumulative Pocket Part to said Code for the year 1943 as Section 13-411 of said Code, the said Code Section hereby to be repealed relating to the verification by bank examiners of individual deposit accounts, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 13-401 A of the Code of Georgia of 1933, which said section was enacted by the Act of 1943, approved March 19, 1943, (Georgia Laws 1943, page 248) relating to the verification by bank examiners of individual deposit accounts, and having been designated in the Cumulative Pocket Part of said Code for the year 1943 as Section 13-411 of said Code, is hereby repealed. Act of 1943 relating to bank examiner's verification of individual deposits, repealed. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved March 8, 1945. EXAMINATION OF BANKS. 13-401, 13-402, 13-405 No. 317. An Act to amend the Banking Laws, as codified in Title 13 of the Code of Georgia of 1933, and particularly in Sections 13-401, 13-402, and 13-405 thereof, relating to the semi-annual examination of banks by the Superintendent of Banks, and the fees to be paid therefor by such banks, by providing that the Superintendent of Banks, personally or by Examiner, shall examine each

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bank subject to his supervision at least once in each year, and by providing a new scale of fees to be paid for such examination by such banks, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 13-401 of the Code of Georgia of 1933 is hereby amended by striking from the third line thereof the word twice and inserting in lieu thereof the word once so that said Section as hereby amended shall read as follows: 13-401. The Superintendent of Banks shall either personally or by one of the examiners visit and examine every bank subject to his supervision at least once in each year. On every examination, inquiry shall be made as to the condition and resources of the bank, the mode of conducting and managing its affairs, the manner of keeping its accounts and the correctness thereof, the actions of its directors, the investment of its funds, the safety and prudence of its management, and whether the requirements of its charter and the law have been complied with in the administration of its affairs, and as to such other matters covered by this Title as the Superintendent of Banks may prescribe. Annual examinations. Section 2. That Section 13-402 of the Code of Georgia of 1933 is hereby amended by striking from the first line thereof the word semi-annual and inserting in lieu thereof the word annual, so that said Section as hereby amended shall read as follows: 13-402. In addition to the regular annual examinations the Superintendent of Banks shall have the power and it shall be his duty in like manner to examine or cause to be examined any bank under his supervision whenever in the judgment of the Superintendent of Banks the management and condition of the bank is such as to render an examination of its affairs necessary or expedient, or whenever in the opinion of the Superintendent of Banks the interests of the public demand an examination. Special examinations.

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Section 3. That Section 13-405 of the Code of Georgia of 1933 is hereby amended by striking the same in its entirety and inserting in lieu thereof a new Section which shall create a new scale of fees to be paid by such banks for each annual examination; said new Section shall be known as Section 13-405, and shall read as follows: 13-405. Each bank shall pay for each annual examination to the Superintendent of Banks, to be deposited by him to the credit of the Department of Banking, as hereinbefore provided, in proportion to its total resources or assets, exclusive of branches, not exceeding the following amounts: Fees for examination; resources defined. Where the total resources are $150,000, or less, $30; Where the total resources are more than $150,000 and not exceeding $200,000, $45; $200,000 and not exceeding $300,000, $60; $300,000 and not exceeding $400,000, $75; $400,000 and not exceeding $500,000, $90; $500,000 and not exceeding $600,000, $100; $600,000 and not exceeding $700,000, $120; $700,000 and not exceeding $800,000, $140; $800,000 and not exceeding $900,000, $165; $900,000 and not exceeding $1,000,000, $180; $1,000,000 and not exceeding $1,200,000, $200; $1,200,000 and not exceeding $2,400,000, $225; $1,400,000 and not exceeding $1,600,000, $250; $1,600,000 and not exceeding $1,800,000, $280; $1,800,000 and not exceeding $2,000,000, $315; $2,000,000 and not exceeding $2,250,000, $365; $2,250,000 and not exceeding $2,500,000, $400; $2,500,000 and not exceeding $2,750,000, $450; $2,750,000 and not exceeding $3,000,000, $485; $3,000,000 and not exceeding $3,500,000, $510; $3,500,000 and not exceeding $4,000,000, $540; $4,000,000 and not exceeding $4,500,000, $570; $4,500,000 and not exceeding $5,000,000, $600; $5,000,000 and not exceeding $6,000,000, $635; $6,000,000 and not exceeding $7,000,000, $675; $7,000,000 and not exceeding $8,000,000, $710; $8,000,000 and not exceeding $10,000,000, $750;

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$10,000,000 and not exceeding $12,500,000, $785; $12,500,000 and not exceeding $15,000,000, $825; $15,000,000 and not exceeding $17,500,000, $860; $17,500,000 and not exceeding $20,000,000, $900; $20,000,000 and not exceeding $25,000,000, $935; $25,000,000 and not exceeding $30,000,000, $975; $30,000,000 and not exceeding $35,000,000, $1,050; $35,000,000 and not exceeding $40,000,000, $1,125; Where the total resources are more than $40,000,000.00; $1,125, plus $10 per $1,000,000.00 of resources over $40,000,000.00. The word `resources,' as used in this Section, shall be deemed to mean the total resources or assets of the bank examined as to the date of such examination. In addition to the fees hereinabove fixed, each bank operating branch offices or banks shall pay for each bank so operated for each annual examination at the above rates based on the total resources of such branch. For any examination herein provided to be made before permit to begin business is issued, or on any amendments to a charter, or on any consolidation or merger, or on any voluntary liquidation, and for any examination in or of the trust department of any bank, and in all other cases of like character, other than regular annual examinations, a fee of $25 per day for each examiner participating in such examination shall be paid for each examination. Section 4. That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved March 8, 1945. NEGOTIABLE INSTRUMENTS PAYABLE TO BEARER. 14-209. No. 318. An Act to amend the Negotiable Instruments Law and

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Section 14-209 of the Georgia Code of 1933, which provides when a negotiable instrument is payable to bearer, by striking therefrom in its entirety sub-paragraph (3) of said Section, and substituting in lieu thereof a new sub-paragraph (3), so as to enlarge the definition of bearer paper, and to place responsibility upon the drawer of an instrument for the acts of his agent who names a fictitious payee without the drawer's knowledge, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 14-209 of the Georgia Code of 1933 is hereby amended by striking sub-paragraph (3) thereof in its entirety and inserting in lieu thereof a new sub-paragraph to be known as sub-paragraph (3) of said Section 14-209, and reading as follows: (3) When it is payable to the order of a fictitious or non-existing or living person not intended to have any interest in it, and such fact was known to the person making it so payable, or known to his employee or other agent who supplies the name of such payee; or so that said Section as so amended shall read as follows: 14-209. When instrument payable to bearer.The instrument is payable to bearer: (1) When it is expressed to be so payable; or When instrument is payable to bearer. (2) When it is payable to a person named therein or bearer; or (3) When it is payable to the order of a fictitious or non-existing living person not intended to have any interest in it, and such fact was known to the person making it so payable, (or known to his employee or other agent who supplies the name of such payee;) or (4) When the name of the payee does not purport to be the name of any person; or (5) When the only or last endorsement is an endorsement in blank. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby, repealed. Approved March 8, 1945.

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STATE-AID ROADSCONDEMNATION OF RIGHT OF WAYS AND BORROW-PITS. 95-1715. No. 319. An Act to repeal Section 95-1715 of the Official Code of Georgia of 1933, as amended by an Act approved March 24, 1939, Georgia Laws 1939, pages 187-189, relating to condemnation of right of ways, by permiting condemnation of property for public roads to the width of 200 feet at the base, and by permitting condemnation for borrow-pits; and to substitute therefor a new Section 95-1715 to provide for condemnation of right of ways by permitting condemnation of property for public roads, and by permitting condemnation for borrow-pits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 95-1715 of the Code of Georgia of 1933, as amended by an Act approved March 24, 1939, Georgia Laws 1939, pages 187-189, relating to condemnation of property for right of ways for public roads, be and the same is hereby repealed, and a new Section 95-1715 is hereby substituted in lieu thereof, which new section shall read as follows: 95-1715. Labor, contracts for construction, etc.; condemnation of right of way . The State Highway Department of Georgia shall have authority to plan and to construct, improve and maintain the State-aid roads in any manner it may deem expedient, by free labor, by contract, or by any other method or combination of methods, in its discretion. In so doing said Highway Department is hereby authorized and empowered to condemn and acquire a right of way for maintaining, improving, and constructing said State-aid roads. The State Highway Department of Georgia is also authorized and empowered to condemn and acquire lands for borrow-pits which may be necessary or useful in the

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improving, reconstruction, widening, laying out, draining, altering, grading, paving, or repairing any Stateaid roads in this State. Labor, contracts for construction, etc. Condemnation for right of way and borrow-pits. Section 2. All laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 8, 1945. UNEMPLOYMENT COMPENSATIONCOMMON CARRIERS' COMMISSION AGENTS. No. 320. An Act to amend an Act approved March 29, 1937 entitled An Act to provide for the Establishment of an Unemployment Compensation Division in the State Department of Labor known as the Unemployment Compensation Law (Georgia Laws 1937, p. 806) as amended by subsequent Acts (Georgia Laws 1937-38, Ex. Sess. p. 356; 1941, p. 532) to remove from the scope of said Act certain commission agents of common carriers; and for 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. Section 19 of the Unemployment Compensation Law, as enacted by Act approved March 29, 1937 (Georgia Laws 1937, p. 806, 840) and amended by subsequent Acts (Georgia Laws 1937-38, Ex. Sess. p. 356, 363; 1941, p. 532, 552) is further amended as follows: (a) By adding to subsection (f) of said Section 19 the following: Provided that a common carrier of persons or property shall not, by reason of anything in this subsection (f) contained, be deemed, for the purposes of this Act, to emply any individual in the employ of a commission agent for such common carrier, if the services performed by such commission agent for such common

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carrier do not themselves constitute `employment' as in subsection (h) hereof defined. (b) By adding the following new paragraph to subdivision (7) of subsection (h) of said Section 19 after paragraph (n), said new paragraph to be designated (o): (o)Services performed for an employer who is a common carrier of persons or property by an individual (or firm or corporation), as commission agent, in disseminating information with respect to, and selling, transportation of persons or property, and in maintaining facilities incidental thereto, including waiting, lunch or rest rooms for passengers and storage space for property, provided that (1) all such services are performed by such individual (or firm or corporation) as an independent contractor for such employer and are remunerated solely by way of commissions on the sale price of such transportation, (2) the employer exercises no general control over such commission agent but only such control as is necessary to assure compliance with its filed tariffs and with the laws of the United States and the State of Georgia, and the rules and regulations of the Public Service Commission, the Interstate Commerce Commission and all other regulatory bodies having jurisdiction in the premises, and (3) such services are not rendered in an establishment devoted primarily to use as a waiting room for the passengers or storage room for the property carried or to be carried by such common carrier. Commission agents of common carriers. Section 2. All laws or parts of laws inconsistent with this Act are hereby repealed. Repealing clause. Section 3. This Act shall take effect immediately upon its approval by the Governor. Effective date. Approved March 8, 1945. SALE OF STREET RAILROADS AND BUS PROPERTIES. No. 321. An act to authorize electric street railroad companies

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incorporated under the laws of Georgia and engaged in street railroad and bus transportation and in the operation of electric plants, other than hydro-electric plants, for the generation of electric power and the distribution and sale thereof for light, heat and power purposes, to sell or otherwise dispose of their street railroad and bus properties and franchises, and to continue their corporate existence retaining all of the powers, rights and liabilities heretofore possessed in the operation of their electric plants, properties and franchises under current charters to the date of expiration thereof, notwithstanding the sale or other disposition of their street railroad and bus properties and franchises, 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 after the passage of this Act any electric street railroad company incorporated under the laws of Georgia and which, in pursuance of the laws of this State, in addition to operating street railroad and bus transportation facilities, is engaged in the operation of electric generating plants, other than hydro-electric plants, for the purpose of supplying motive power for the operation of its street railway and for the production, distribution and sale of electricity for light, heat and power purposes in the territory served, may sell and dispose of its electric street railroad and bus transportation service and equipment, including street railroad and bus franchises, and may continue its corporate existence and the operation of its electric power plants and facilities for the production, distribution and sale of electricity for light, heat and power purposes under the charter granted to it as a street railroad corporation to the date of expiration of such charter, notwithstanding the sale or other disposition of its street railroad and bus properties and franchises; Provided, this Act shall not apply to any corporation chartered by the Secretary of State as a consolidated corporation pursuant to Sections 94-1014, 94-1015, and 94-1016 of the Georgia Code of 1933 of two or more constituent corporations formed under the laws

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of this State for the purpose of operating by electricity a street railroad, suburban railroad or interurban railroad, or for the purpose of generating electricty, and whose gross annual revenue derived from all operations of the consolidated corporation at time of sale shall exceed the sum of seven million dollars. Electric street railrcad companies' authority to dispose of street railroads and bus transportation properties and to keep generating facilities. Exception. Section 2. Be it further enacted that any electric street railroad corporation which desires to avail itself of the provisions of this Act shall, before consummating such sale or other disposition of its street railroad and bus properties and franchises: Prerequisites to benefits of this act. (1) Secure the consent of the Mayor and Council or other governing body of the municipality served by such electric street railroad and bus transportation facilities to the sale or other disposition of such street railroad and bus properties and franchises, evidenced by a certified copy of resolution or ordinance of such governing body; (2) Apply by petition to the Georgia Public Service Commission on fifteen days' notice for an adjudication, after a public hearing on the merits of the proposed sale, the solvency and eligibility under the laws of Georgia of the prospective purchaser and his ability and capacity for rendering adequate and satisfactory service, as to whether the proposed sale or other disposition is in the public interest. A certified copy of the order of the Mayor and Council or other governing body of the municipality, evidencing its consent to the sale or other disposition of the street railroad and bus property, shall be attached to and made a part of such petition; (3) After securing the order of approval of the Georgia Public Service Commission of the sale or other disposition of such street railroad and bus properties and franchises as being in the public interest, file with the Secretary of State of the State of Georgia as an amendment to its charter a certified copy of resolution of the Board of Directors reciting that the Company elects to sell its street railroad and bus properties

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and franchises and to avail itself of the provisions of this Act and attaching to said resolution a certified copy of resolution of the Mayor and Council or other governing body of the municipality evidencing its consent to such sale or other disposition of the street railroad and bus properties and franchises and a certified copy of the Georgia Public Service Commission's order of approval of the sale or other disposition of the street railroad and bus property as being in the public interest. Section 3. Be it further enacted that upon compliance with the foregoing provisions, the requirements of this Act shall be deemed to have been complied with and the electric street railroad company fulfilling such requirements, authorized to sell or otherwise dispose of its street railroad and bus properties and franchises as provided hereunder and to continue its corporate existence and the operation of its electric plants and properties for the sale and distribution of electricity for light, heat and power purposes under its current charter to the date of expiration thereof, with all of the rights, powers and liabilities which it has heretofore exercised just as if no sale of such electric railroad and bus properties and franchises had been made. Continuation of sale, etc., of electricity after sale of electric street railroad and bus properties. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1945. BUILDING AND LOAN ASSOCIATIONS' MEMBERS. No. 322. An Act to amend an Act known as The Building and Loan Act approved December 24, 1937 (Ga. Laws 1937-38, page 307 et. seq.) so as more fully to define members of a state chartered association, and to provide that all persons assuming or obligated upon loans made or held by such associations, and all persons buying the property securing loans made by such

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associations shall be members thereof, and to provide for the voting privileges of such members; and further, to amend said act by increasing the radius in which real estate on the security of which loans are made by such associations may be located from twenty miles to fifty miles from such association's home office. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the General Assembly of the State of Georgia, that an Act known as The Building and Loan Act approved December 24, 1937 (Ga. Laws 1937-38, page 307, et. seq.) be, and the same hereby is, amended as follows: Section 1. By adding to Section 2 thereof the following paragraph: All share-holders and all account-holders of a state chartered association, and all borrowers from it, all persons assuming or obligated upon loans made or held by it, and all persons buying the property securing loans made by such association subject to such loans, shall be members of such association. At all meetings of the members of such association each borrower and each obligor upon a loan, and each owner of property subject to a loan shall be entitled to one vote as such borrower, obligor or owner. Share-holders and accountholders, whether borrowers or not, shall be entitled to vote as otherwise provided by law. Who are members of associations. Voting privileges. Section 2. By striking the first sentence of the second paragraph of said Section 2 of said Act, and substituting therefor the following: A State chartered association is local if its investment in home loans is limited to loans on the security of a first lien on real estate located not more than fifty miles from such association's home office. Local association. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1945.

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AGRICULTURAL PRODUCTSRECIPROCAL AGREEMENTS WITH OTHER STATES. No. 325. An Act to encourage the marketing of agricultural products in Georgia, and to obtain for Georgia farmers the best possible advantages in the sale of Georgia farm products in other states; to provide for reciprocation between the different states of the United States, other than the State of Georgia, with the State of Georgia in transporting or selling farm products, fruits, vegetables, or products of orchards and groves within the boundaries of the State of Georgia; to provide for the collection of a tax from any person, firm, or corporation, who may transport or sell farm products, fruits, vegetables or products of orchards and groves from other States into the State of Georgia, if such other States do not grant similar privileges to the person, firm or corporation, transporting or selling farm products, fruits, vegetables, or products of orchards and groves from the State of Georgia into such other States; to provide for collection of the equivalent tax; to provide the Commissioner of Agriculture shall have the power and authority to make reciprocal agreements with the proper authority of other States; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. All agricultural products in Georgia shall be exempted from taxes and licenses, except as herein stated. Tax exemption for agricultural products. Section 2. The Commissioner of Agriculture is hereby authorized to enter into reciprocal agreements with the proper authorities of each and every State in the Union for the sale of agricultural products from Georgia in such other states free of taxes and licenses. Reciprocal agreements.

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Section 3. Agricultural products coming into Georgia from other states shall be on the same basis as agricultural products going from Georgia into such other states. Reciprocity. Any state which permits the sale of Georgia products within its boundaries tax free shall receive equal reciprocal treatment in Georgia. Section 4. On all agricultural products coming into Georgia from without the State there is hereby levied a tax and license equivalent to whatever tax and license that is required in that State on farm products moving from Georgia into that state. Tax on agricultural imports when. Section 5. It is the intention and purpose of this Act to encourage free interstate trade and to remove state barriers by encouraging other states to remove all licenses and taxes which may now be levied against agricultural products sold in other boundaries. Purpose of act. Section 6. The Commissioner of Agriculture is hereby authorized and directed to make written report to the Governor as to any such reciprocal agreement arrived at with any other state or states. Also, his failure to arrive at any reciprocal agreement with any other state or states. Report by Commissioner of Agriculture to Governor. Section 7. Upon receipt of such report from the Commissioner of Agriculture, showing failure to arrive at reciprocal agreement with any state or states and all the pertinent facts thereto, the Governor, by Executive Order, authorizing the State Revenue Commissioner to collect taxes and licenses in Georgia as are levied and collected in such other state, or states failing and refusing to reciprocate, if any, by summarily issuing an execution against the persons, firms, and/or corporation who shall be liable and do not pay such equivalent tax. Such execution shall be directed to any and all levying officers of this State who shall have authority to levy and collect said execution. Tax executions. Section 8. All laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved March 8, 1945.

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DISSOLUTION OF CORPORATIONS. No. 326. An Act to amend Section 35 of the Corporation Act approved January 28, 1938 so as to provide that the method of dissolution provided for in said Act shall apply to all corporations chartered by the Superior Courts of this State, and for other purposes. Be it enacted by the General Assembly of Georgia and it is enacted by authority thereof: Section 1. Section 35 of the Acts of the General Assembly of Georgia authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State approved January 28, 1938, is amended by adding thereto the following words: The provisions of this Section shall apply also to any corporation which may have been incorporated under any Act of the General Assembly of Georgia authorizing Superior Courts of this State to grant charters to corporations. All dissolutions of Charters of Corporations incorporated prior to said Act of 1938 under the terms of said Act or under the laws in force prior to the adoption of said Act, shall in all cases be held to be valid and effective where compliance with the dissolution statute in question was had. Dissolution under Act of 1938, of any corporation chartered by Superior Court, authorized. Section 2. All laws and parts of laws in conflict herewith are repealed. Approved March 8, 1945. INSURANCE COMPANIESPREMIUM TAX. No. 327. An Act to amend an Act known as the General Tax Act, approved March 28, 1935 (Georgia Laws 1935, pp. 11-72) by amending Section 7, Subsection (3) by inserting in the third line of said Subsection (3) immediately

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following the word assets and immediately preceding the word are the words exclusive of government war bonds; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the General Tax Act approved March 28, 1935 (Georgia Laws 1935, pp. 11-72) be and the same is hereby amended by inserting in the third line of Section 7, Subsection (3) immediately following the word assets and immediately preceding the word are the words exclusive of government war bonds, so that said Subsection, as amended, will read as follows: (3) Whenever any insurance company doing business in this State shall make it appear by proof to the Insurance Commissioner that one-fourth of the total assets exclusive of government war bonds are invested in any or all of the following securities or property, to-wit: Bonds of this State or of any county or municipality of this State, properly situated in this State and taxable herein, loans secured by liens on real estate situated in this State, or policy loans on insurance policies issued by such company on lives of persons resident in this State, then the premium tax levied by Section 92-2509 shall be abated or reduced to one per centum upon the gross receipts of such company; and if the amounts so invested by any such company shall be as much as three-fourths of the total assets of such company, then said premium tax shall be abated or reduced to one-fourth of one per centum upon such gross receipts of such company. Insurance companies premium tax reduced. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 8, 1945. COSTS OF INQUESTS AND PROSECUTION OF STATE PRISONERS. No. 328. An Act to require the Director of Corrections of the

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State Department of Corrections to pay the costs of an inquest, where a State prisoner is killed within a State prison or in any workhouse in this State; to require the Director of Corrections to pay the costs of any criminal prosecution [Illegible Text] a graduated scale whenever the crime is committed by a State prisoner in any State prison or any workhouse in this State; to authorize the Budget Commission to provide additional funds for the Director of Corrections, upon his application therefor, to meet the added costs of the inquest and the criminal prosecutions provided by this Act; 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. From and after the passage of this law, the Director of Corrections of the State Department of Corrections is authorized and directed to pay the costs of an inquest where a State prisoner is killed in any State prison or in any workhouse in this State whenever an inquest is held. Cost of inquest of State prisoner killed in prison. Section 2. The Director of Corrections of the State Department of Corrections is authorized and directed to pay the costs of any criminal prosecution, which criminal prosecution is the outgrowth of a crime committed by a State prisoner in a State prison or on any property owned by the State. Cost of prosecution of State prisoner. Section 3. The costs to be paid by the Director of Corrections shall be on a graduated scale as follows: Scale of costs. Misdemeanor conviction $20.00 Felony conviction other than capital felony $40.00 Capital felony $60.00 Section 4. In the event that the appropriation made to the Director of Corrections is insufficient to take care of the payment of the costs as set forth herein, the Budget Commission is authorized to transfer an amount sufficient to pay the costs enumerated in this Act, upon application to the Budget Commission by the Director of Corrections. Budget Commission authorized to provide such costs, when appropriation is insufficient.

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Section 5. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 8, 1945. HOUSING AUTHORITIES LAW AMENDED. No. 329. 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, and as amended by an Act approved February 12, 1943, Georgia Laws of 1943, pages 146-161), by amending Section 4E thereof, and by adding thereto one new Section designated as Section 25, to further define the powers of housing authorities relating to housing in rural areas; and to authorize housing authorities to engage in housing research and studies. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, Section 4E of the Act entitled Housing 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, and as amended by an Act approved February 12, 1943, as the same appears in Georgia Laws of 1943, pages 146-161) be and the same is hereby amended by adding at the end thereof the following: A regional or county housing authority shall have power to sell or rent dwellings outside of cities and to make or accept such conveyances or leases as it deems necessary to carry out the rural housing purposes of this

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Act. With respect to such housing, county 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. No dwelling shall be provided on a farm by a county or regional authority unless it has determined that, by reason of the character of the farm with respect to which the dwelling is to be constructed and the manner of its operation, the farmer is likely successfully to carry out the undertakings required of him under his purchase agreement or lease. Until a purchaser makes full payment for a dwelling which is constructed by a county or regional authority on a farm, such dwelling shall continue to be the property of such authority regardless of the title to the land on which it is constructed, and such dwelling shall be exempt from taxation in the same manner as other property of such authority. Any document making land available for use by such authority shall be admitted to record, and accordingly constitute notice, in the same manner as a deed or other instrument relating to real estate. Tax exemption, when. Document as notice of authority's interest. Section 2. 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 a new section designated Section 25 which shall read as follows: Section 25. Housing Research and Studies. In addition to all its other powers, any housing authority may, within its area of operation, undertake and carry out studies and analyses of the housing needs, and of the meeting of such needs (including data with respect to population and family groups and the distribution thereof according to income groups, the amount and quality of available housing and its distribution according to rentals and sales prices, employment, wages and other factors affecting the local housing needs and the meeting thereof) and make the results of such studies and analyses available to the public and the building, housing and

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supply industries; and may also engage in research and disseminate information on the subject of housing. Housing research and studies. Section 3. 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. This Act supplemental. Section 4. 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. Repealing clause. Section 5. Severability. Be it further enacted by the authority aforesaid, that notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Saving clause. Approved March 8, 1945. STATE REVENUE COMMISSIONERTAX REFUNDS. 92-3308, 92-3310. No. 330. An Act to amend an Act entitled An Act to make comprehensive provision for an integrated tax administration for Georgia, approved January 3, 1938, Georgia Laws 1937-1938, pages 77 to 103, by amending Section 34 relative to refunds (Georgia Laws 1937-1938, pages 94 and 95); to make an appropriation and provision for refunds of taxes erroneously or illegally assessed and collected from taxpayers, together with interest on such collections; to provide the procedure for granting refunds; to specify the limitation of time within which applications for refunds may be filed; to provide for suits for refunds; limitations; to validate any payments of interest on refunds which the State

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Revenue Commissioner may have made; to provide for the payment of interest where the State Revenue Commissioner has paid refunds without interest; to repeal Code Sections 92-3308 and 92-3310 of the Code of 1933 of the State of Georgia, relative to the claims for refund of income tax payments erroneously paid by a taxpayer; limitations; hearings; interest; appropriations for refunds, suits for recovery of tax illegally assessed or collected; conditions precedent and limitations; to provide when this Act shall go into effect; 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 the Act enacted at the Extraordinary Session of 1937-1938 (Georgia Laws 1937-1938, pages 77-103) approved January 3, 1938, entitled An Act to make comprehensive provision for an integrated tax administration for Georgia be and the same is hereby amended by amending Section 34, which appears on pages 94 and 95, of said laws, relative to refunds of taxes erroneously or illegally paid by taxpayer, by inserting at the end of the first sentence of sub-paragraph (a) of said Section 34 the words and interest thereon at the rate of 6 per cent per annum from the date of payment of same to the State Revenue Commissioner. And also inserting at the end of the fourth line of sub-paragraph (b) of said Section 34, immediately after the word may, the following words: at any time within three years after the date of payment of same to the State Revenue Commissioner. Also amending said sub-paragraph (b) by adding at the end of the first sentence of said sub-paragraph after the word relies the following words: provided that should any person be prevented from filing such application because of his own, or his counsel's, service in the armed forces during said period, this period of limitation shall date from his, or his counsel's discharge, as the case may be, from the service. Also inserting in the twenty-third line of said sub-paragraph (b), immediately following the word right the words at any time within two years after

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said claim is denied. And also adding at the end of said sub-paragraph (b) the following sentence: Provided, further, that in any case where the State Revenue Commissioner in making a refund may have previously paid interest on the erroneous or illegal taxes paid the State such payment of interest is hereby validated. Provided, further, that in those cases where the State Revenue Commissioner has paid refunds without interest, he is authorized to amend said refunds by adding thereto 6 per cent interest as provided by this Act. So that said Section 34 as amended shall read as follows: Section 34. Refunds. (a) Appropriation. There is hereby appropriated from the proceeds of every tax and license imposed by law a sum sufficient to refund to taxpayers any and all such taxes which may be determined to have been erroneously or illegally assessed and collected from such taxpayers under the laws of Georgia, whether paid voluntarily or involuntarily and interest thereon at the rate of 6 per cent per annum from the date of payment of same to the State Revenue Commissioner. Such refunds shall be drawn from the treasury on warrants of the Governor issued upon itemized requisition showing in each instance the person to whom the refund is to be made, the amount thereof and the reason therefor. Appropriation for refunds. (b) Procedure for Granting. In any case in which it shall be determined that an erroneous or illegal collection of tax or license has been made by the Commissioner, the taxpayer from whom such tax or license was collected may, at any time within three years after the date of the payment of same to the State Revenue Commissioner, file a claim for refund with the said Commissioner in writing and in such form and containing such information as the Commissioner may require, to include a summary statement of the grounds upon which the taxpayer relies, provided that should any person be prevented from filing such application because of his own or his counsel's service in the armed forces during said period, this period

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of limitation shall date from his or his counsel's discharge, as the case may be, from the service. In the event the taxpayer desires a conference or hearing before the Commissioner in connection with any claim for refund, he shall so specify in writing in the claim, and if the claim conforms with the requirements of this section the said Commissioner shall grant such a conference at a time he shall specify. The Commissioner shall consider information contained in taxpayer's claims for refund and such other information as may be available and shall approve or disapprove the taxpayer's claim and notify such taxpayer of his action. In the event any claim for refund is approved, the Commissioner shall forthwith proceed under sub-section (a) of this Section to give effect to the terms thereof. Provided, further, that the taxpayer whose claim for refund is denied by the Commissioner under the terms of this Act, shall have the right at any time within two years after said claim is denied to sue for refund in the Superior Court of the County in which said taxpayer would have a right to appeal from a judgment by the State Revenue Commissioner, as in this Act provided. Provided, further, that in any case where the State Revenue Commissioner in making a refund may have previously paid interest on the erroneous or illegal taxes paid the State, such payment of interest is hereby validated. Provided further, that in those cases where the State Revenue Commissioner has paid refunds without interest, he is authorized to amend said refunds by adding thereto 6 per cent interest as provided by this Act. Procedure for obtaining and for granting refunds. Suit for refund. Interest. Section 2. Be it further enacted that Code Sections 92-3308 and 92-3310 of the Code of Georgia of 1933 which provide for claim for refund of income taxes erroneously paid by the taxpayer; the limitation of time within which a claim for refund may be made; the hearings on said claim; the provision of suits for recovery of tax illegally assessed or collected; the conditions precedent and limitation to the filing of said suits be and the same are hereby repealed. Code 92-3308 and 92-3310 repealed. Section 3. Be it further enacted by the authority aforesaid

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that all laws and parts of laws in conflict with the provisions of this amendment are hereby repealed. Approved March 8, 1945. MOTOR VEHICLE SAFETY RESPONSIBILITY. No. 332. An Act to be entitled Motor Vehicle Safety Responsibility Act; to empower the Director of Public Safety to cancel driver's licenses under certain conditions; to provide for reinstatement of such licenses upon proper showing; to provide for appeals; to provide penalties for violation of this Act; 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. This Act shall be known as the Motor Vehicle Safety Responsibility Act. Name of Act. Section 2. The Director of Public Safety is hereby authorized to cancel or suspend the driver's license of any person who fails to pay a final judgment rendered by a court of competent jurisdiction of this State within 30 days after the judgment has become final where such judgment is based upon any cause of action arising out of the operation of a motor vehicle upon the highways or streets of this State. Suspension of driver's license for non-satisfaction of certain judgments. Section 3. It is hereby made the duty of the Clerk of the court in which the case is filed, or if no clerk the Judge of said court, to notify the Director of Public Safety in writing within 10 days after the expiration of 30 days from the date on which a judgment of such court has become final, where said judgment remains unsatisfied. Notice to Director of Public Safety. Section 4. The Director of Public Safety shall suspend the driver's license of any person who shall not satisfy

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such final judgment within 30 days, and said license shall remain suspended until one of the following conditions is complied with by said person: Condition for reinstatement of suspended driver's license. (a) Securing a policy of liability insurance from a corporation authorized to transact business in this State which will protect in the future persons from injury occasioned by the negligence of the insured in an amount of $5,000.00 or two persons in an amount of $10,000.00, provided each individual recovery shall be limited to $5,000.00; and for property damages in an amount of $1,000.00. The insurance company issuing the policy is required to adopt all the provisions of this Act as a part of the policy and must agree to promptly pay any and all final judgments in the above amounts which may be rendered against the insured for accidents, injuries, or damages occurring on the highways or streets of this State by virtue of a motor vehicle operated by the insured. All insurance companies issuing policies under this Act shall be subject to the jurisdiction of the Insurance Commissioner and the Attorney General. (b) Satisfaction of said judgment rendered against him. (c) Entering into an agreement with the injured party in writing, where said injured party expressly releases him from compliance with the terms of this Act; provided however, that where said injured party is represented by an attorney, said attorney must also sign the release. Section 5. When the Director of Public Safety shall receive the notice provided for in Section 3 of this Act, he shall immediately suspend the driver's license of the person named therein, and shall immediately demand that such person deliver his driver's license to the Director of Public Safety. Suspension of driver's license. Section 6. Any person who fails or refuses to deliver his driver's license to the Director of Public Safety when demanded under the terms of this Act, shall be punished as for a misdemeanor. Penalty for refusal to surrender driver's license. Section 7. Any person who has been deprived of his

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driver's license under the terms of this Act within 7 years from the date on which application is made for a driver's license, must comply with this Act before such license can be issued and the Director of Public Safety is authorized to require applicants for driver's licenses to answer such questions under oath he may deem necessary in order to satisfy himself that this Act has been complied with before issuing such licenses. Re-issue of license. Section 8. Before any policy of insurance shall be issued hereunder, the form of said policy shall be presented to the Attorney General and approved by him. Attorney General's approval of insurance policy under this Act. Section 9. All Acts of the Director of Public Safety in administering this Act shall be subject to review by the Superior Court in the county of the residence of the complaining party in a proper proceeding. Acts of Director of Public Safety reviewable. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1945. PENALTY FOR DUMPING TRASH ON RIGHT OF WAY OF PUBLIC ROAD. 26-8117. No. 334. An Act to amend Chapter 26-81 of the Code, same being entitled Acts of Malicious Mischief, by adding a new Section thereto to be known as Section 26-8117 providing that it shall be a misdemeanor for any person to empty trash, rubbish, etc., wilfully on the right-of-way of any public highway, etc.; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Chapter 26-81 of the Code, same being entitled Acts of Malicious Mischief be amended by adding a new Section thereto to be known as Section 26-8117, and to read as follows:

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Any person, firm or corporation who shall wilfully empty, dump, or otherwise place, any trash, tin cans, garbage, rubbish, dead animals, or other discarded materials upon the right-of-way of any public road, State aid road, State highway, or upon the lands of another without first having obtained his permission, shall be guilty of a misdemeanor. Penalty for dumping trash, etc., on public road right-of-way or on another's land. Section 2. That all laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 8, 1945. PILOTS AND PILOTAGE. No. 336. An Act to repeal all existing laws relating to pilotage, compulsory pilotage, pilots, pilotage fees, Pilot Commissions, their duties and powers, the licensing of Pilots and their suspension and the revocation of their licenses and all existing laws prohibiting the throwing or depositing of certain substances in the rivers and harbors of this state and to provide for the creation of pilotage commissions at the several ports of this State and to fix their powers and duties and to provide for the retirement of pilots and for the licensing of pilots and for the suspension and revocation of their licenses, and to provide for rules and regulations governing the conduct of pilots and to fix penalties for the violation thereof, and to prescribe what vessels shall be required to accept or to pay for the services of pilots and to provide for fixing the fees which may be charged therefor and to provide for the assessment of fines and penalties against pilots and for the enforcement and collection thereof and to forbid the throwing or depositing of certain substances in the several rivers and harbors of this State, 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:

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Section 1. The following laws are hereby repealed: (a) An Act approved December 10, 1807, entitled An Act to grant [certain powers] to the Commissioners of Pilotage, and for further preventing the obstruction of Savannah River. Acts repealed. (b) An Act approved December 10, 1811, entitled An Act to regulate the pilotage of vessels to and from the port of Darien and Sapelo River. (c) An Act approved December 12, 1815 (Lamar's Laws of the State of Georgia, 1810 to 1819, page 678), entitled An Act Supplementary to an Act entitled `An Act to regulate the pilotage of vessels to and from the several ports of this State.' (d) An Act approved December 19, 1818, (Lamar's Laws of the State of Georgia, 1810 to 1819, page 680), entitled An Act to grant certain powers to the commissions of pilotage for the port of Darien, and to authorize them to collect a tonnage duty on vessels. (e) An Act approved December 23, 1830, (Laws of Georgia, 1830-31, page 159, entitled An Act to amend the several laws in this State regulating the pilotage of vessels, to and from the ports and harbors of this State, and more distinctly to define the powers and jurisdiction of the Commissioners of Pilotage for the several ports and harbors thereof. (f) An Act approved December 24, 1832, (Laws of Georgia 1832, page 146), entitled An Act to amend the several laws of force in this State, regulating the pilotage of vessels to and from the ports and harbors of this State; and more distinctly to define the powers and jurisdiction of the Commissioners of Pilotage, for the several ports and harbors thereof; passed December twenty-third, one thousand eight hundred and thirty; and to vest certain powers in said Commissioners of Pilotage. (g) An Act approved December 22, 1835, (Laws of Georgia 1835, page 168), entitled An Act to be entitled an Act amendatory of the several Acts regulating the pilotage of vessels to and from the ports of this State.

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(h) An Act approved December 24, 1836, (Laws of Georgia 1836, page 176), entitled An Act to regulate the fees of pilots for the several ports of this State. (i) An Act approved December 25, 1837, (Laws of Georgia, 1837, page 190), entitled An Act to reduce the number of the Commissioners for the regulation of pilot's rates and all matters relating to Pilotage for the Bar of Tybee and Savannah River to seven, and to constitute a majority of the same, a quorum for the transaction of business. (j) An Act approved December 28, 1845, (Laws of Georgia 1845, page 137), entitled An Act to amend an Act, assented to the twenty-fourth day of December, eighteen hundred and thirty-six, to regulate the fees of pilots for the several ports in this State. (k) An Act approved January 14, 1852, (Laws of Georgia 1851-52, page 513), entitled An Act to repeal an Act to authorize the citizens of McIntosh County, to elect Commissioners of Pilotage for the port of Darien, and to regulate the fees of the same, approved January 18, 1850, and for the purpose of altering the time, mode and manner of electing said Commissioners and for other purposes therein mentioned, approved January 14, 1852. (l) An Act approved February 20, 1845 [sic] (Laws of Georgia 1853, 54, page 506), entitled An Act to regulate the pilotage of the port of Darien, point out the mode of electing Commissioners, establish the fees of pilots, and for other purposes therein mentioned. (m) An Act approved September 23, 1883, (Laws of Georgia 1882-83, page 70), entitled An Act to amend Section 1535 of the Code of 1882, which provides when pilots shall receive certificates, by requiring that they shall have served as an apprentice two full years in a decked pilot boat on the bar, for which they seek to be appointed a pilot, the crew not to be considered as apprentices unless so registered in the office of the commissioner of pilotage. (n) An Act approved December 1, 1886, (Laws of

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Georgia 1886, page 38), entitled An Act to prescribe and define the powers of commissioners of pilotage for the ports of this State; to license pilots for said ports; to provide for the suspending or revoking of licenses of pilots; to prescribe and define the powers and duty of the commissioners; to make rules to govern the pilots; to regulate the fees for their services; to inflict penalties and to issue annual licenses to coastwise vessels applying for same; to make liable for both inward and outward pilotage when service is tendered outside the bar (whether accepted or not). All vessels not exempt by United States Laws, or not licensed as provided for in this Act, or coastwise vessels which are not of less than one hundred (100) tons, burthen, to give to the pilot who brings in a vessel the right to take her out, unless the commissioners decide that he shall not, and in that case to give the right to some other pilot; to compel pilots to moor or dock the vessels they bring in without compensation therefor; to compel payment of pilotage fees before departure of vessels and to punish pilots demanding illegal fees; to give half bar pilotage to pilots delivering orders or letters to vessels touching off the bar for instructions, and for other purposes. (o) An Act approved December 15, 1894, (Georgia Laws 1894, page 41), entitled An Act to repeal section 1504 of the Code of Georgia 1882, which provides for the appointment of Commissioners of pilotage, and to provide a new method of appointment and term of office of the Commissioners of Pilotage. (p) An Act approved December 19, 1896, (Georgia Laws 1896, page 85), entitled An Act to amend the general pilotage laws of this State, approved December 1, 1886, so as to reduce the number of pilots for the port of St. Mary's from eight (8) to four (4), and for other purposes. (q) An Act approved December 12, 1901, (Georgia Laws 1901, page 30), entitled An Act to amend Section 1653 of volume 1 of the Code of 1895 (as amended by Act approved December 19, 1896) which provides for the licensing of pilots for the ports of this State, etc., so as to

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prescribe the number of pilots for the port of Brunswick and for Great Satilla River and for other purposes. (r) An Act approved December 12, 1901, (Georgia Laws 1901, page 31), entitled An Act to amend Section 1855 of part first of the Code of 1895, in relation to the pilotage laws, so as to provide that coastwise vessels shall be exempt from all pilotage fees, unless the pilotage services are tendered outside the bar, and that coastwise vessels changing ports of this State shall not pay more than inward pilotage at the port of entry and outward pilotage from the port from which they finally go to sea, and for other purposes. (s) An Act approved August 11, 1914, (Georgia Laws 1914, page 57), entitled An Act to amend Section 1898 of the present Code of Georgia, so as to permit an owner or part owner of a pilot boat to be allowed to act as commissioner of pilotage, and for other purposes. (t) An Act approved August 16, 1915, (Georgia Laws 1915, page 16), entitled An Act to amend Section 1901 of the Civil Code of 1910 by striking out the following words, beginning after the word `shall' in the 16th line; `not pay more than inward pilotage at the first port of entry of this State, and outward pilotage from the last port from which they finally go to sea', and in lieu thereof to substitute the following words: `Pay the inward pilotage at the first port of entry only, and the outward pilotage from each port or ports at which such vessels shall load cargo in whole or in part', and for other purposes. (u) An Act approved August 3, 1921, Georgia Laws 1921, page 103, entitled An Act to amend Section 1899 of the political Code of Georgia, 1910, which provides for the licensing of pilots in said State, by striking from line twelve of said Section the word `four' and substituting in lieu thereof the word `eight'; so as to provide for the appointment of eight pilots for the port of St. Mary's. (v) An Act approved August 15, 1921, (Georgia Laws 1921, page 105), entitled An Act to amend Section 1908 of the Code of Georgia, adopted August 15th, 1910,

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relative to suits or bonds given by pilots, and for other purposes. Section 2. The corporate authorities of Savannah, Darien, Brunswick and St. Mary's shall each have power to appoint a Board of Pilotage Commissioners (hereinafter referred to as The Commissioners), consisting of seven commissioners, each appointed for a term of seven years. Where no commissioners are now in office, the terms of the Commissioners first hereafter appointed shall be one, two, three, four, five, six and seven years respectively and every year thereafter one Commissioner shall be appointed for a term of seven years to succeed the Commissioner whose term has expired; Commissioners holding office at the time of the passage of this Act shall continue to hold office for the remainder of the terms for which they were appointed and at the expiration of each term one Commissioner shall be appointed by the corporate authorities for a term of seven years to succeed the Commissioner whose term has expired. Vacancies occurring for any reason before the expiration of a term shall be filled by appointment by said corporate authorities for the unexpired term. Only ship agents, exporters, merchants, or other persons not pilots who are engaged in or are familiar with marine shipping and with the requirements of their respective ports shall be appointed Commissioners of Pilotage. Board of Pilotage Commissioners. Terms. Vacancies. Qualifications. Section 3. The Commissioners to be appointed by the corporate authorities of Savannah shall be appointed for the bar of Tybee and the River of Savannah and the several bars and inlets north of Sapelo Bar. Commissioners to be appointed by the corporate authorities of Darien shall be appointed for Sapelo Bar and the Altamaha River and the several bars and inlets south of Sapelo Bar as far as St. Simon's Bar. Commissioners to be appointed by the corporate authorities of Brunswick shall be appointed for the bar of St. Simon's and Turtle River and St. Andrew's Bar and the several bars and inlets north of and including the Great Satilla River. Commissioners to be appointed by the corporate authorities of St. Mary's, shall be appointed for the bar of St.

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Mary's and all bars and inlets between St. Mary's Bar and St. Andrew's Bar. Commissioners appointed for each area. Section 4. The Commissioners at each of the ports of this State are entitled to license during good behavior such citizens of the United States of good character as they shall think fit to act as pilots in conducting vessels inward to and outward from the several ports and rivers for which they shall be licensed. Any pilot who is now licensed shall continue to act under his present license until said license is revoked or he is suspended or he is retired as herein provided. No additions shall be made to the present number of licensed pilots until the number shall not exceed eleven for the port of Savannah, three for the port of Doboy and Darien, five from the port of Brunswick, two for the Great Satilla River and two for the port of St. Mary's. Thereafter when vacancies occur, the Commissioners for the port at which the vacancy occurs may grant licenses as pilots until the number of licensed pilots reach the number allowed by this section for that port or river. No person other than a duly licensed pilot shall be entitled to receive any fee, gratuity or reward for conducting or piloting any vessels inward or outward from any of the ports, rivers or harbors for which pilots may be licensed under the terms of this Act. If any persons having no authority or license to act as pilot or who, having had such authority, has had it suspended or revoked, shall pilot or conduct any vessel inward to or outward from any of the ports, rivers, or harbors of this State and any person who interferes with or disturbs a licensed pilot in the performance of his duty, shall be guilty of a misdemeanor, provided, however, that any person may assist a vessel in distress which has no pilot on board if such person shall deliver up the vessel to the first licensed pilot who comes on board and offers to conduct it. Pilots licensed. Licenses granted in case of vacancies. Only licensed pilots can serve Penalties Section 5. The license to a pilot must be in the form of a certificate of his appointment, which must be signed by a majority of the Commissioners, or by their chairman by their direction, and each pilot, on receiving his license, shall take and subscribe an oath in the following

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form: I, A. B., appointed pilot for the port and harbor of __________, do swear that I will faithfully, according to the best of my ability, perform the duties of a pilot in and for said port and harbor of __________, and will at all timeswind, weather and health permittinguse my best efforts to repair on board every vessel I shall see, and conceive to be bound for, coming into, or going out of said port or harbor, unless I am well assured there is some other licensed pilot on board the same; that I will, from time to time, make the best dispatch in my power to convey any vessel committed to my charge coming into or going out of said port or harbor; and will at all times well and truly observe, fulfill, and follow to the best of my skill and judgment, all such orders and directions as I may receive from the Commissioners in all matters and things relating to the duty of a pilot. Certificate of appointment. Oath of pilot. Section 6. Every pilot licensed as provided for in this Act, shall before receiving his license, make and deliver to the Commissioners a bond, payable to the Chairman of the Board and his successors in office, in the penal sum of Two Thousand ($2,000.00) Dollars, with security to be approved by the Commissioners and with the condition faithfully to perform his duties as pilot, which bond shall be renewable at the discretion of the Commissioners with such security or additional security as they may require. All bonds heretofore given in pursuance of the provisions of existing law and in effect at the time of the passing of this Act are hereby continued in full force and effect. Suits on bonds hereinbefore provided for may be brought in any court having jurisdiction thereof without any order for that purpose by any person or vessel endangered or endamaged by the misconduct, carelessness or neglect of the pilot. Bond. Section 7. The Commissioners may suspend any pilot or deprive him of his license or assess against him such fines and other penalties as they may think best, upon evidence satisfactory to them of negligence, unskillfulness, inattention to duty, intemperance, addiction to the use of drugs, mental derangement, misconduct or willful violation of any of their rules or regulations, subject to

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the right of said pilot to appeal as hereinafter provided. Pilots for their respective ports shall be honorably retired at age 65, and no pilot who has been so retired shall thereafter be entitled to act as a licensed pilot; provided that no pilot shall be compulsorily retired at age 65 unless there be in effect a pension system for Pilots of the port at which he serves. Suspension and fines. Retirement. The Commissioners of Pilotage may appoint one of the active pilots to be the Master Pilot and to have charge of the Pilots, and as representative of the Commissioners to see that its rules and regulations are complied with. Master Pilot. Section 8. The Commissioners shall prescribe rules and regulations for the government of pilots and the fees which may be charged for their services and shall, from time to time, revise and grade pilotage fees, both inward and outward when, in their judgment, it is necessary to do so. All existing rules and regulations and all fees now prescribed by the Commissioners shall remain in effect until changed as herein provided. Rules and regulations, to be prescribed. Section 9. Any vessel which is not exempt under the laws of the United States or the provisions of this Act from the payment of pilotage fees to which the services of a pilot are tendered or any vessel which accepts the services of a pilot, shall be liable to the pilot whose services are tendered or accepted, as the case may be, for the payment of the full inward and outward pilotage fees fixed by the Commissioners, and any such vessel which calls at the bar of any of the ports or rivers hereinbefore named in ballast seeking for orders, and which does not load but leaves in ballast, or which, having loaded at any of the said ports or rivers, returns thereto because of stress of weather or because it is damaged or disabled, without completing the voyage, and any such vessel which shall touch off the bar of any of said ports or rivers for instructions, shall be liable to the pilot who delivers letters, orders or instructions to her, or to the pilot whose services she accepts, for one half the inward and outward pilotage fees fixed by the Commissioners; provided, however, that coastwise vessels, which are not exempt under the laws of the United States from the

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payment of pilotage fees, which have paid the inward pilotage fee for that trip, may pay to the pilot entitled to the inward pilotage fee an annual license fee of 25 cents per registered ton, which shall exempt said vessel from the compulsory employment of a pilot and the payment of the pilotage fees at said port for a period of twelve months, unless the services of a pilot are accepted. Any vessel which is in the port at which she has paid said license fee, at the expiration of the twelve months for which same was granted, may apply for a new license within ninety days thereafter and, on payment of said license fee of 25 cents per registered ton, shall receive a new license to run for twelve months from the date of the expiration of the old license; provided, further, that any coastwise vessel not exempt under the laws of the United States from the payment of pilotage fees which is changing ports of this State shall pay the inward pilotage fee at the first port of entry and the outward pilotage fee at each port of this State at which she may load or discharge cargo, in whole or in part. Any pilot who brings any vessel to anchor shall give proper directions for mooring her and for her safe-riding and, if required by the master, shall dock her, and he shall not be entitled to additional compensation therefor. Vessels [Illegible Text] for pilotage. Annual fees for coastwise vessels. Section 10. Any vessel not exempt under the laws of the United States from the payment of pilotage fees and which is liable under the provisions of this Act to pay any pilotage fee and which refuses to receive a pilot on board when his services are tendered as required by this Act or which refuses to pay the pilotage fees provided for by the Commissioners, another tackle, apparel and furniture, her master and her owner or owners, her charterer or charterers and her cargo shall thereupon become liable to the first pilot who has offered his services as provided for in this Act or to the pilot entitled to the inward pilotage fee or to the pilot delivering letters or orders on board, as the case may be, for the payment of all said pilotage fees, and the said pilot is hereby given a lien on said vessel and on her tackle, apparel, furniture and cargo for the collection of said fees. [sic] Refusal to receive pilot liable to first pilot offering services. Liens.

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Section 11. Any pilot belonging to any port in this State meeting at sea with any vessel in distress, which is bound to another port within this State, shall, if capable and thereunto required, take charge of and pilot such vessel into such port and shall be paid $10.00 a day for every day he may be aboard such vessel at sea, without the bars, and over and above the usual rate of pilotage, and no other pilot shall interfere with him while he is willing to continue his services. Vessels in distress. Section 12. A pilot bringing a vessel into port or a pilot who has tendered his services outside the bar to a vessel which is herein required to accept the services of a pilot and/or to pay pilotage fees shall be entitled to the payment of his fees, both inward and outward, before said vessel leaves the port and may require the vessel to give adequate security therefor to be approved by the Commissioners before the vessel leaves the port and, if said payment is not made or said security not given, no pilot shall be required to take said vessel out. The master, owner or agent of any vessel which is in readiness to leave must, if possible, give notice of that fact to the Commissioners at the port in question or to its authorized representative. The acceptance of security for pilotage fees shall in no way affect the lien hereinbefore given in case said fees are not paid. Any pilot who shall, with knowledge of the arrest of any vessel under process from any court of record, conduct or pilot such vessel out of the port or harbor where such arrest is made and while such vessel is in charge of any officer of any court of record, shall forfeit his license and be forever disqualified from acting as pilot. If any pilot shall ask or demand for his services greater or different fees than specified in the rates of pilotage fixed by the Commissioners, the Commissioners shall, on due proof thereof, require him to pay the Commissioners double the amount of the fees fixed by the Commissioners. Pilots entitled to fees before vessel leaves port, or [Illegible Text] given. Section 13. Any pilot boat which places a pilot on board a vessel for the purpose of conducting it into any of the rivers or harbors hereinbefore mentioned shall be entitled to one third of the inward pilotage fee and any

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pilot boat which takes a pilot off of a vessel shall be entitled to one third the outward pilotage fee. Pilot boat entitled to 1/3 of fee. Section 14. The owner, master, consignee or charterer of any vessel who carries any pilot against his consent to any foreign or other port shall be liable to such pilot in an action on the case for the payment of his reasonable expenses and $10.00 a day during his necessary absence, provided the carrying away of such pilot be not owing to his own misconduct or negligence, and if a pilot is detained on board, wind and weather permitting the vessel to go to sea, shall be liable to pay such pilot $10.00 a day for every day he is so detained. Pilot carried to foreign port against his will entitled to expenses and $10.00 a day. Section 15. All matters concerning the assessment of fines or penalties against pilots or the suspension or revocation of their licenses and any other matter relating to the business or care of a pilot in any of said harbors, shall be heard and determined by the Commissioners, or a majority of them, appointed for the care of the pilotage where such damage or dispute may arise upon reasonable notice to the pilot or pilots concerned and any opportunity to be heard. Said Commissioners are hereby authorized by their decree or order to decide and regulate every such matter and to assess fines and penalties and to suspend or revoke licenses and shall have power to enforce such decree or order by execution or warrant of distress, under their hands and seals or under the hands and seals of any three of them directed to any sheriff or constable of the county where such execution issues commanding the sale of the offender's goods, or so much of them as may be necessary to satisfy such execution or warrant, and all sales thereunder shall be made in conformity with the laws of the State in other cases of Sheriff's sales and the sheriff and constable shall be liable to be ruled before the Judge of the Superior Court as in other cases in term time or in vacation for default in duly executing such process. Hearings before commissioners Fines, penalties and suspensions. Section 16. When the attendance of any person shall be required as a witness before the Commissioners in any matter or claim of which they shall have jurisdiction, it shall be the duty of their Secretary, upon application,

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to issue subpoenas in the nature of writs of subpoenas signed by him and directed to the persons whose attendance shall be required when such persons reside or shall be found in the county where such matters or claims may be pending. Said summons shall express the cause and the party at whose suit it is issued and shall be served as subpoenas of courts of record of this State are served at least 24 hours before the meeting of the Commissioners to which it shall be returnable, but said subpoenas may be served by a messenger of such Commissioners or by any sheriff or constable and the return of such messenger, sheriff or constable shall be evidence of the service thereof. Witnesses. Subpoenas. Service. Section 17. Any witness thus summoned, whose testimony shall appear to be material, and who shall fail to appear, may be attached by the Commissioners, and the attachment may be directed to a sheriff or constable, and made returnable to the next superior court of the county; and such court may fine such witnesses in a sum not exceeding one hundred dollars, unless a good excuse be made to the judge of said court; but such witness shall, nevertheless, be liable to action at the suit of the party injured by such non-attendance. Attachment for failure of witness to appear. Section 18. When the person whose attendance is required as a witness is a non-resident of the county where the matter or claim is pending, or is a seaman, his interrogatories or depositions may be taken and returned to the Commissioners in the manner now provided by law for taking and returning interrogatories and depositions in the courts of record of this State and may be put in evidence before the Commission when the personal attendance of the witness cannot be secured. Reasonable notice of intention to take said interrogatories or depositions and of the time and place of the hearing must be given to all persons interested, or to their attorneys, or to the master, agent or charterer of any vessel, where said vessel or her owners or cargo are interested. Non-resident witnesses. Depositions. Section 19. The Secretary's fees for each subpoena shall be 25 cents and for each attachment 50 cents. For serving any subpoena a sheriff or constable shall receive

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25 cents and for executing and returning an attachment 50 cents. The Commissioner or Notary Public before whom testimony is taken by interrogatories or deposition shall receive for his services and for reporting and transcribing the questions and/or answers of the witness the fees now or hereafter allowed by law for similar services rendered in cases pending in courts of record of this State. Fees for subpoenas. Section 20. In any case where a pilot is suspended or his license is revoked or where a fine exceeding $150.00 is imposed by the Commissioners, said pilot may petition the Judge of the Superior Court of the county where the judgment or sentence of the Commissioners was made, setting forth on oath the circumstances of the case. A copy of said petition shall be served upon the Chairman or Secretary of the Commissioners at least three days before said petition is presented, and said Commissioners shall be entitled to be heard as to whether there is sufficient ground for the allowance of an appeal. If the Judge of the Superior Court should think there is sufficient ground for the allowance of an appeal, he shall issue an order directing an issue to be made between the appellant and the Commissioners, which issue shall be tried by a jury at the next term of the Superior Court unless good cause is shown for a continuance. If, at the trial, a verdict should be rendered in favor of the appellant, the Judge of the Superior Court shall order that said fine be remitted, or that the suspension be cancelled or that the license be restored. Either the appellant or the Commissioners may move the court for a new trial and may appeal to the Court of Appeals from the court's order entered upon said motion as is now provided by law in cases of appeal from orders granting or refusing a new trial in common law cases. Appeals to Superior Court by suspended pilot. Jury trials. Section 21. In cases of appeal, testimony for use in the Superior Court may be taken and returned by interrogatories or depositions, under the circumstances and in the manner now provided by law for the taking and returning of testimony in cases pending in the Superior Courts of this State. Interrogatories or depositions used in appeals.

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Section 22. The Commissioners shall preserve in a neatly bound book a record of all their acts and of all the rules and regulations adopted by them for the direction and government of pilots. They shall designate one of their number as Chairman and cause a record thereof to be made. They shall also preserve upon their records a list of the names of all persons appointed pilots by them, as well as a list of the names of those whose licenses have been suspended or revoked or who have been retired. Records kept. Section 23. All persons interested shall have access to, and be permitted to have copies of the records; and copies thereof certified by the chairman or secretary shall be presumptive evidence of the facts therein stated. The secretary of the Commissioners shall have such salary or fees as the Commissioners may determine, and such salary or fees shall be paid out of fines and forfeitures, or such other fund as shall be under the control of the Commissioners. Access to records. Section 24. The office of the Commissioners must be kept in some suitable place, of which the public shall have notice, and their books, papers and records may be kept in such office, or in the office of any court of record in the county. Office. Section 25. All fines and forfeitures collected by the Commissioners, or so much thereof as may be necessary, shall be applied toward the payment of the expenses of the Board. Fines and forfeitures. Section 26. The Mayor and Aldermen of the City of Savannah shall have authority to prohibit under proper penalties the throwing or depositing in the Savannah River, or within the harbor limits, of any substance which they might consider dangerous to navigation or injurious to vessels or to property abutting upon said harbor, and the master of any vessel from which any forbidden substance is thrown or deposited in violation of any ordinance of the Mayor and Aldermen of the City of Savannah shall be guilty of a misdemeanor. The authority hereby vested in the Mayor and Aldermen of the City of Savannah is also vested in the corporate authorities of

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other cities and towns in Georgia as respects navigable waters within their respective jurisdictions. Authority to prohibit under penalties throwing or depositing any substance in rivers and harbors, dangerous to navigation or property. Section 27. The Commissioners are hereby authorized, in their own names or in that of their chairman respectively as such, to sue for and recover, to their own use and the improvement of navigation, any forfeiture which may accrue under this Chapter, which is not otherwise specifically appropriated. Right to sue for any forfeiture. Be it further enacted that all laws and parts of laws which are in conflict with the provisions of this Act be and they are hereby repealed. Approved March 8, 1945. ENGINEERS AND LAND SURVEYORS. No. 337. An Act to repeal in its entirety an Act approved March 31, 1937, (Acts 1937, pp. 294-310) entitled An Act to regulate the practice of all branches of professional engineering, including that branch of engineering commonly known as surveying; creating a State board of Registration for Professional Engineers and Surveyors; defining its powers and duties; etc., which said Act is now codified by Annotators of Code in the 1943 Cumulative Supplement to the Code of 1933, as Chapter 84-21 beginning with Section 84-2101 and running through Section 84-2157, inclusive; to rewrite said Act and set up and establish a State Board of Registration for Professional Engineers and Land Surveyors; define its powers and duties; define the terms Professional Engineer, Engineer-in-Training, Engineering, Practice of Professional Engineering, Land Surveyor and Practice of Land Surveying; to provide for payment of per diem to members of Board and other necessary expenses; to provide that records of Board may be used as evidence; to provide the qualifications of Professional Engineers and Land Surveyors; to provide for the examination of applicants

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for registration and for the issuance of certificates, and for revoking and cancelling certificates; to fix and provide for the collection of application and annual registration fees; and to otherwise regulate the practice of all branches of professional engineering, including that branch commonly known as land surveying; to impose certain duties upon the State and political subdivisions in connection with public works; provide penalties, to provide for certain exemptions, 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 said Act approved March 31, 1937 (Acts 1937, pp. 294-310) entitled an Act to regulate the practice of all branches of professional engineering, including that branch of engineering commonly known as surveying; creating a State Board of Registration for Professional Engineers and Surveyors; defining its powers and duties, etc., which said Act is now codified by Annotators of Code in the 1943 Cumulative Supplement to the Code of 1933 as Chapter 84-21 beginning with Section 84-2101 and running through Section 84-2157, inclusive; be and the same is hereby repealed in its entirety. Act of 1937 repealed. Section 2. That in order to safeguard life, health, and property, and to promote the public welfare, any person in either public or private capacity practicing or offering to practice, professional engineering or land surveying, shall hereafter be required to submit evidence that he is qualified so to practice and shall be registered as hereinafter provided. Registration of professional engineers and land surveyors required. Section 3. That it shall be unlawful for any person to practice or to offer to practice in this State, professional engineering or land surveying, as defined in the provisions of this Act, or to use in connection with his name or otherwise assume, use, or advertise any title or description tending to convey the impression that he is a Professional Engineer or Land Surveyor, unless such person has been duly registered under the provisions of this Act. Practicing without registering is unlawful.

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Section 4. The term Professional Engineer as used in this Act, shall mean a person who is qualified by reason of his knowledge of mathematics, the physical sciences, and the principles by which mechanical properties of matter are made useful to man in structures and machines, acquired by professional education and practical experience, to engage in the practice of engineering as hereinafter defined. Definitions. The term Engineering as used in this Act shall mean the practice of the art and science by which mechanical properties of matter are made useful to man in structures and machines, and shall include any professional service, such as consultation, investigation, evaluation, planning, designing, or responsible supervision of construction or operation, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects, wherein the public welfare, or the safeguarding of life, health or property is concerned or involved, when such professional service requires the application of civil, electrical, chemical or mechanical engineering principles and data and training in the application of mathematical and physical sciences. A person shall be construed to practice or offer to practice professional engineering, within the meaning of this Act, who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents or holds himself out as able or qualified to perform, or who does perform any of the services hereinbefore set out. Nothing contained in this Act shall include the work ordinarily performed by persons who operate or maintain machinery or equipment. The term Engineer-in-Training as used in this Act shall mean a candidate for registration as a professional engineer who is (a) A graduate in an approved engineering curriculum of four years or more from a school or college approved by the Board as of satisfactory standing; or (b) Who has had four years or more of experience in engineering work of a character satisfactory to the Board,

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and who, in addition, has successfully passed the examination in the fundamental engineering subjects prior to completion of the requisite years of experience in engineering work. (c) Who shall have received from the Board, as hereinafter defined, a certificate stating that he has successfully passed this portion of the examinations as provided in Section 24 of this Act. The term Land Surveyor as used in this Act shall mean a person who engages in the practice of land surveying as hereinafter defined. The practice of land surveying within the meaning and intent of this Act includes surveying of areas of the earth surface for their correct determination and description and for conveyancing, and recording, or for the establishment or re-establishment of land boundaries and the plotting of land and subdivisions thereof. The term Board as used in this Act shall mean the State Board of Registration for Professional Engineers and Land Surveyors, provided for by this Act. Section 5. A State Board of Registration for Profesfesional Engineers and Land Surveyors is hereby created whose duty it shall be to administer the provisions of this Act. The Board shall consist of four Professional Engineers and One Land Surveyor, who shall be appointed by the Governor from among nominees recommended by the representative engineering societies in the State and shall have the qualifications required by Section 6 of this Act. The members of the State Board of Registration for Professional Engineers and Surveyors, now in office, appointed under authority of Section 3 of Acts of 1937 (1943 Cumulative Supplement, Code of 1933, Section 84-2104) shall constitute the first Board under this Act, and shall continue in office for the remainder of their respective unexpired terms, and until their successors are appointed and qualified, as members of State Board of Registration for Professional Engineers and Land Surveyors herein created. State Board of Registration for Professional Engineers and Land Surveyors.

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On the expiration of term of any member, the Governor shall in the manner hereinbefore provided appoint for a term of five years a registered Professional Engineer, having the qualifications required by Section 6 of this Act, to take the place of the member whose term of said Board is about to expire. Each member shall hold office until the expiration of the term for which such member is appointed or until a successor shall have been duly appointed and shall have qualified. Every member of the Board shall receive a certificate of his appointment from the Governor. Each member of the Board first appointed hereunder shall receive a certificate of registration under this Act from said Board. Section 6. That each member of the Board shall be a citizen of the United States and a resident of this State, and shall have been engaged in the practice of the profession of engineering for at least twelve years, and shall have been in responsible charge of important engineering work for at least five years. Responsible charge of engineering teaching may be construed as responsible charge of important engineering work. Qualifications for Board members. Section 7. That each member of the Board shall receive the sum of $10 per diem when actually attending to the work of the Board or of any of its committees and for the time spent in necessary travel; and in addition thereto shall be reimbursed for actual traveling, hotel, and other expenses necessarily incurred in carrying out the provision of this Act. Compensation Section 8. That the Governor may remove any member of the Board for misconduct, incompetency, neglect of duty or for any other sufficient and just cause. Vacancies in the membership of the Board shall be filled for the unexpired term by appointment by the Governor as provided in Section 5 of this Act. Removal. Filling vacancies. Section 9. That the Board shall hold a meeting within 30 days after its members are first appointed, and thereafter shall hold at least one regular meeting each year. Special meetings shall be held at such time as the by-laws of the Board may provide. The Board shall elect or

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appoint annually from their members, the following officers: A Chairman, a Vice Chairman. A quorum of the Board shall consist of not less than three members. Meetings. Officers Quorum. Section 10. That the Secretary of the Board shall keep a true and complete record of all proceedings of the Board, and may employ such clerical assistance as the Board may deem necessary. Records. Clerical Assistants. Section 11. That the Board shall adopt all necessary rules, regulations, and by-laws not inconsistent with this Act and the Constitution and laws of this State or of the United States, to govern its times and places of meetings for organization and reorganization, for the holding of examinations, for fixing the length of terms of its officers, and for governing all other matters requisite to the exercise of its powers, the performance of its duties, and the transaction of its business under the provisions of this Act. Rules, regulations and by-laws. The Board shall adopt and have an official seal, which shall be affixed to all certificates granted. Seal. Section 12. In carrying into effect the provisions of this Act, the Board may, under the hand of its chairman and the seal of the Board, subpoena witnesses and compel their attendance, and also may require the production of books, papers, documents, etc., in a case involving the revocation of registration or practicing or offering to practice without registration. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board. Authority of Board. If any person shall refuse to obey any subpoena so issued, or shall refuse to testify or to produce any books, papers, documents, the Board may present its petition to any court of competent jurisdiction, setting forth the facts, and thereupon such court shall, in a proper case, issue its subpoena to such person, requiring his attendance before such court and there to testify or to produce such books, papers, and documents, as may be deemed necessary and pertinent by the Board. Any person failing or refusing to obey the subpoena or order of said

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court may be proceeded against in the manner as for refusal to obey any other subpoena or order of the court. Section 13. The Secretary of the Board shall receive and account for all moneys derived under the provisions of this Act, and shall pay the same monthly to the State Treasurer. Funds. Section 14. The Board shall keep all records of its proceedings and a register of all applications for registration, which register shall show: Records and register. (a) the name, age and residence of each applicant; (b) the date of application; (c) the place of business of such applicant; (d) his education, experience, references and other qualifications; (e) whether or not an examination was required; (f) whether the applicant was rejected; (g) whether a certificate of registration was granted; (h) the date of the action of the Board; and (i) such other information as may be deemed necessary by the Board. The records of the Board shall be prima facie evidence of the proceedings of the Board set forth therein, and a transcript thereof, duly certified by Secretary of the Board under seal, shall be admissible in evidence with the same force and effect as if the original were produced. Records as evidence. Section 15. That annually, as of January 1, the Board shall submit to the Governor a report of its transactions of the preceding year, and shall also transmit to him a complete statement of the receipts and expenditures of the Board, attested by affidavits of its chairman, a copy of which shall be filed with the Secretary of State. Annual Report. Section 16. That a roster showing names and places of business of all registered Professional Engineers and all registered Land Surveyors shall be prepared by the Secretary of the Board during the month of January each year, commencing one year from the date this Act becomes

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effective. Copies of this roster shall be mailed to each person so registered, and placed on file with the Secretary of State. Copies of this report to be made available to any person upon request. Annual roster. Section 17. That upon passage of this Act all registrations previously issued under prior authority of the Board and which have not expired or have not been revoked shall remain in full force and effect the same as if issued under the provisions of this Act. In those cases where Certificates of Registration have previously been issued authorizing the practice of Surveying the Board shall issue, without charge, to each such registrant, upon surrender of the original certificate, a new certificate, properly inscribed and authorizing the practice of land surveying. Previous registrations That at any time within 18 months after this Act becomes effective, upon due application therefor and the payment of the registration fee of $15 for Professional Engineers, or $10 for Land Surveyors, the Board shall issue a certificate of registration, without oral or written examination, to any Professional Engineer or Land Surveyor, who was exempt from registration under Act of 1937 and is now required, by this Act, to register, when such applicant shall submit evidence under oath, satisfactory to the Board, that he is of good character, has been a resident of the State of Georgia for at least one year immediately preceding the date of his application and is and has been practicing professional engineering or land surveying, at the time this Act became effective or has had previous practice and responsible charge of work of a character satisfactory to the Board. After this Act shall have been in effect 18 months, the Board shall issue certificates of registration only as provided for in Sections 18, 19, 20, 21 and 34 of this Act. Registration of Professional Engineers and Land Surveyors previously exempt. After Sept. 8, 1946. Section 18. That the following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for registration as a Professional Engineer: Minimum evidence of applicant's qualification as professional Engineer. (a) Graduation in an approved engineering curriculum

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of four academic years or more from a school or college approved by the Board as of satisfactory standing; and a specific record of an additional four years or more of experience in engineering work of a character satisfactory to the Board, and indicating that the applicant is competent to practice professional engineering. (In counting years of experience, the Board at its discretion may give credit not in excess of one year, for satisfactory graduate study in engineering), provided that in a case where evidence presented in the application does not appear to the Board conclusive nor warranting the issuing of a certificate of registration, the applicant may be required to present further evidence for the consideration of the Board, and may also be required to pass an oral or written examination, or both, as the Board may determine; or (b) Successfully passing a written, or written and oral, examination designed to show knowledge and skill approximating that attained through graduation in an approved academic four years engineering curriculum and a specific record of eight years or more of experience in engineering work of a character satisfactory to the Board and indicating that the applicant is competent to practice professional engineering; or (c) A specific record of twelve years or more of actual practice in professional engineering work of a character satisfactory to the Board and indicating that the applicant is qualified to design or to supervise construction of engineering work and provided applicant is not less than 35 years of age. Section 19. That the following shall be considered as minimum evidence to the Board that the applicant is qualified for registration as Land Surveyor: (a) Graduation from a school or college approved by the Board as of satisfactory standing, including the completion of an approved course in surveying; and an additional two years or more of experience in land surveying work of a character satisfactory to the Board and indicating that the applicant is competent to practice land surveying; or Minimum evidence of applicant's qualification as land surveyor.

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(b) Successfully passing a written, or written and oral, examination in surveying prescribed by the Board; and a specific record of six years or more of experience in land surveying work of a character satisfactory to the Board and indicating that the applicant is competent to practice land surveying. The required six years of experience shall become effective two years after passage of this Act, prior to that time four years required. (c) A specific record of ten years or more of actual practice in land surveying work of a character satisfactory to the Board and provided applicant is not less than 30 years of age. Section 20. No person shall be eligible for registration as a Professional Engineer, or Land Surveyor, who is not of good character and reputation. In considering the qualifications of applicants, said applicant shall be at least 25 years of age. Responsible charge of engineering teaching may be construed as responsible charge of engineering work. The satisfactory completion of each academic year of an approved course in engineering in a school or college approved by the Board as of satisfactory standing, without graduation, shall be considered as equivalent to a year of active practice. Graduation in a course other than engineering from a college or university of recognized standing shall be considered as equivalent to two years of active practice; Provided, however, that no applicant shall receive credit for more than four years of active practice because of educational qualifications. The mere execution, as a contractor, of work designed by a Professional Engineer, or the supervision of the construction of such work as foreman or superintendent shall not be deemed to be active practice in engineering work, unless such work involves engineering practices, or the applicant present evidence of additional engineering practice of a character satisfactory to the Board and indicating that the applicant is competent to be placed in responsible charge of engineering work. Qualifications of applicants. Section 21. That any person having the necessary

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qualifications prescribed in this Act to entitle him to registration shall be eligible for such registration though he may not be practicing his profession at the time of making his application. Practicing when applying for registration not essential. Any person residing or having his principal place of practice outside this State and who wishes to be registered in this State must first be registered in the State or territory where he now resides, or has his principal place of practice provided said State has in effect a law governing the practice of Professional Engineering and/or Land Surveying. Non-residents. Section 22. Applications for registration shall be on forms prescribed and furnished by the Board, shall contain statements made under oath, showing the applicant's education and detail summary of his technical work and shall contain not less than five references of whom three or more shall be registered professional engineers having personal knowledge of his engineering experience. Forms. Section 23. That the registration fee for Professional Engineers shall be $15 (fifteen dollars), which shall accompany application. If application is rejected $10 (ten dollars) will be refunded to applicant, the remainder being retained as an application fee. Fees. The registration fee for Engineer-in-Training shall be $5 (five dollars), which shall accompany application. This amount shall be credited against the total fee required for registration as a Professional Engineer if the registrant has been certified in Georgia as an Engineer-in-Training. The registration fee for Land Surveyors shall be $10 (ten dollars), which shall accompany application. If application is rejected $5 (five dollars) will be refunded to applicant, the remainder being retained as an application fee. Section 24. That when oral or written examinations are required, they shall be held at such time and place as the Board shall determine. Examinations. If examinations are required on fundamental engineering

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subjects (such as are ordinarily given in college curriculum) the applicant, shall be permitted to take this part of the professional examination prior to his completion of the requisite years of experience in engineering work, and satisfactory passage of this portion of the professional examination by the applicant shall constitute a credit for a period of ten years. The Board shall issue to each applicant upon successfully passing the examination in fundamental engineering subjects a certificate stating that he has passed the examination and that his name has been recorded as an Engineer-in-Training. Provided that no Engineer-in-Training certificate will be issued in those cases where the applicant successfully passes examinations in fundamental engineering subjects, as well as his advanced specialized engineering work and is granted a license as a Professional Engineer. The scope of the examinations, in the special branch of engineering in which the applicant proposes to engage and the methods of procedure shall be prescribed by the Board with special reference to the applicant's ability to design and supervise engineering works so as to insure the safety of life, health, and property. Separate examinations shall be given for the purpose of determining the qualifications of applicants for registration in professional engineering and in land surveying. A candidate failing on examinations may apply for re-examination at the expiration of six months and shall be re-examined without payment of additional fee. However, if the re-examination is passed the applicant must pay the remainder of the registration fee. Subsequent examinations will be granted upon payment of a fee to be determined by the board. At least two regularly scheduled examinations shall be held annually, in the months of January and July, respectively, and at such times as determined by the Board. Section 25. That the Board shall issue a certificate of

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registration upon payment of registration fee as provided for in this Act, to any applicant who, in the opinion of the Board, has satisfactorily met all the requirements of this Act. In case of a registered engineer, the certificate shall authorize the practice of professional engineering, and in the case of a registered land surveyor, the certificate shall authorize the practice of land surveying. Certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be signed by the Chairman and the Secretary of the Board under the seal of the Board. Certificate of registration. The issuance of a certificate of registration by the Board shall be evidence that the person named therein is entitled to all the rights and privileges of a Registered Professional Engineer, or a Registered Land Surveyor, while the said certificate remains unrevoked or unexpired. Section 26. That each registrant hereunder shall, upon registration, obtain a seal of the design authorized by the Board, bearing the registrant's name and the legend, Registered Professional Engineer, or Registered Land Surveyor. Plans, specifications, plats and reports issued by a registrant shall be stamped with the said seal when filed with public authorities, during the life of the registrant's certificate; but it shall be unlawful for anyone to stamp or seal any documents with said seal after the certificate of the registrant named thereon has expired, or has been revoked, unless said certificate shall have been renewed or reissued. Each seal shall also provide space for stating the certificate number and the date of expiration of the certificate of registration. Registrant's seal. Section 27. Certificates of registration shall expire on the last day of the month of December following their issuance or renewal and shall become invalid on that date unless renewed. It shall be the duty of the Secretary of the Board to notify every person registered under this Act, of the date of the expiration of his certificate and the amount of the fee that shall be required for its renewal

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for one year; such notice shall be mailed at least one month in advance of the date of the expiration of said certificate. Expiration of certificate of registration. Section 28. That renewal may be effected at any time during the month of December for a period of one or two years by the payment of a fee of not more than five dollars for Professional Engineers nor more than three dollars for Land Surveyors for any year, as may be fixed by said Board. The failure on the part of any registrant to renew his certificate upon expiration in the month of December when notified as required above, shall not deprive such person of the right to renewal, but the fee to be paid for the renewal of the certificate if not paid by March first shall be the renewal fee plus an additional fee of four dollars ($4). Renewal of certificate. Should a registered Professional Engineer or Land Surveyor who has not engaged in the practice of his profession fail and refuse to renew or validate his certificate for a period of five years, in order for such a person to renew his certificate he shall file application therefor and submit himself to such examination as may be determined by the Board and shall pay therefor the sum of fifteen dollars ($15). Renewal after 5 years. Section 29. A firm, corporation, copartnership, or an association may engage in the practice of professional engineering or land surveying in the State, provided only such practice is carried on under the direction of Professional Engineers or Land Surveyors respectively, who are registered in this State. Firm, corporation partnership or association. Section 30. That on or after the passage and approval of this Act; it shall be unlawful for this State or for any of its political subdivisions, such as a county, city, town, township, or school district to engage in the construction of any public work involving professional engineering, unless the plans and specifications and estimates have been prepared by, and the construction executed under the direct supervision of, a registered Professional Engineer; or Architect; provided, that nothing in this Section shall be held to apply to any public work wherein the

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expenditure for the complete project of which the work is a part does not exceed $2,000 (two thousand dollars). Professional engineer or architect for political subdivisions construction exceeding $2,000. Section 31. That nothing in this Act shall be construed as excluding a qualified registered Architect from such engineering practice as may be incident to the practice of his profession; or as excluding a Professional Engineer registered under the provisions of this Act, from such architectural practice as may be incident to the practice of professional engineering. Architect's incidental engineering and professional engineer's incidental architectural practice permitted. Section 32. The following persons shall be exempt from the provisions of this Act, to-wit: Exemptions. (a) A person not a resident of and having no established place of business in this State, practicing or offering to practice herein the profession of engineering or land surveying, when such practice does not exceed in the aggregate more than 60 days in any calendar year; provided, such person is legally qualified by registration to practice the said profession in his own State or Country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this Act. (b) A person not a resident of and having no established place of business in this State, or who has recently become a resident thereof, practicing or offering to practice herein for more than 60 days in any calendar year the profession of engineering or land surveying, if he shall have filed with the Board an application for a certificate of registration and shall have paid the fee required by this Act, and provided that such a person is legally qualified to practice said profession in his own State or Country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this Act. Such exemptions shall continue only for such time as the Board requires for the consideration of the application for registration. (c) A person working as an employee or a subordinate of a person holding a certificate of registration under this Act, or an employee of a person practicing lawfully under paragraphs (a) and (b) of this Section; provided

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such work does not include final design decisions and is done under the responsibility of a person holding a certificate of registration under this Act or a person practicing lawfully under paragraphs (a) and (b) of this Section. (d) Officers and employees of the government of the United States while engaged within this State in the practice of professional engineering or surveying, for said government. (e) All elective officers of the political subdivision of the State while in the practice of professional engineering or land surveying in the performance of their official duties. (f) Nothing in this Act shall be construed as requiring registration for the purpose of practicing professional engineering or land surveying by an individual, firm, or corporation on property owned or leased by said individual, firm or corporation unless the same involves the public safety or public health; or for the performance of engineering which relates solely to the design or fabrication of manufactured products. Section 33. The Board may upon application therefor, and the payment of a fee of $15, (fifteen dollars) issue a certificate of registration as a Professional Engineer or Land Surveyor to any person who holds a certificate of qualification or registration issued to him by proper authority of the National Council of State Board of Engineering Examiners, or of the National Bureau of Engineering Registration, or of any State or Territory or possession of the United States, or any Country; provided that the requirements of the registration of Professional Engineers or Land Surveyors under which said certificate of qualification or registration was issued do not conflict with the provisions of this Act and are of a standard not lower than that specified in Sections 18, 19, 20 and 21, inclusive. Registrations under certificates from certain other authorities. Section 34. The Board shall have the power to revoke the certificate of registration of any registrant who is found guilty of: Revocation of certificate.

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(a) The practice of any fraud or deceit in obtaining a certificate of registration. (b) Any gross negligence, incompetence, fraudulent act of misconduct in the practice of professional engineering or surveying as a registered Professional Engineer or Land Surveyor. Section 35. Any person may prefer charges of fraud, deceit, gross negligence, incompetency or misconduct against any registrant. Such charges shall be in writing, and shall be sworn to by the person making them and shall be filed with the Secretary of the Board. Charges against registrant. All charges, unless dismissed by the Board as unfounded, or trivial, shall be heard by the Board within three months after date on which they shall have been preferred. The time and place for said hearing shall be fixed by the Board and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed to the last known address to such registrant, at least 30 days before the date fixed for the hearing. At any hearing the accused registrant shall have the right to appear personally and/or by counsel, to cross-examine witness appearing against him and to produce evidence and witnesses in his own defense. If, after such hearing, three or more members of the Board vote in favor of finding the accused guilty, the Board shall revoke the certificate of registration of such registered professional engineer or surveyor. Revocation of certificate. Section 36. The Board for reasons it deems sufficient, may reissue a certificate of registration to any person whose certificate has been revoked, providing three or more members of the Board vote in favor of such reissuance. A new certificate of registration to replace any certificate revoked, lost, destroyed, or multilated, may be issued subject to the rules of the Board, and a charge of two dollars shall be made for such issuance. Reissue of certificate. Section 37. It shall be the duty of all duly constituted officers of the law of this State, or any political subdivision

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thereof, to enforce the provisions of this Chapter and to prosecute any person violating same. The Attorney General of the State, or his designated assistant, shall act as legal adviser of the Board and render such legal assistance as may be necessary in carrying out the provisions of this Act. Enforcement of this Act. Board's legal adviser. Section 38. This Act shall not be construed to affect or prevent the practice of any other legally recognized profession. Construction of Act. Section 39. The Joint-Secretary of the State Examining Boards shall serve as Secretary of the Board herein created in the same manner as provided by the Sections of Sections 84-101 and 84-102. Board's secretary. Section 40. That any person who shall practice, or offer to practice, the profession of engineering or land surveying in this State without being registered or exempted in accordance with the provisions of this Act, or any person presenting or attempting to use as his own the certificate of registration or the seal of another, or any person who shall give any false or forged evidence of any kind to the Board or to any member thereof in obtaining a certificate of registration, or any person who shall falsely impersonate any other registrant of like or different name, or any person who shall attempt to use an expired or revoked certificate of registration, or any person who shall violate any of the provisions of this Act, shall be prosecuted before a court of competent jurisdiction and if found guilty punished as for a misdemeanor and subject to fine or imprisonment at the option of the court, such fine shall be a minimum of one hundred ($100.00) dollars and not more than five hundred ($500.00) dollars, and such imprisonment shall be for a term not exceeding three months. Penalty for violating Act. Section 41. That all laws and parts of law in conflict herewith be and the same are hereby repealed. Approved March 8, 1945.

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COURSES FOR DEFECTIVE SPEECH AND HEARING. No. 338. An Act to enable local units of administration to provide for, establish and maintain courses and classes in and/or schools for speech correction and rehabilitation of those deaf, or having defective hearing, or speech, by oral methods; to empower and authorize the local units of administration, as defined by Georgia Laws, 1937, pages 882-892, whether acting under general law, special charter provisions, or otherwise, if approved by the State Board of Education, to establish and maintain courses, classes in and schools for children who are deaf, or who have defective hearing, or speech, in co-operation with the State Board of Education, or independently, where no state aid, or state funds are furnished, and to do any and all things necessary, or proper to carry out the purposes of this Act; to empower the State Board of Education to provide for, establish and maintain courses and classes in and/or schools for the correction of speech by oral methods of those who are deaf, or who have defective hearing, or speech, in co-operation with, or independently of, local units of administration, and to promulgate the rules, standards, and requirements for the said courses, classes, and schools, receiving state-aid for the purposes hereof, with the right and power to set the age-limits for those attending such schools, and with the right to approve, or disapprove of the teachers, receiving state-aid for the purposes of this Act, and to do any and all things necessary to carry out and perform the purposes of this Act; to provide that this Act shall be given a liberal and broad construction; to provide for the payment of the cost and expense of the operation of this Act by the local units of administration, and/or by the State of Georgia; to provide that this Act shall not repeal any of the present school laws, but is to be construed as addition thereto; 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 same, as follows: Section 1. The local units of administration, as defined in the Georgia Laws, 1937, pages 882-892, meeting the approval and requirements of the State Board of Education, whether acting under the general law, or special charter provisions, or otherwise, are hereby empowered and authorized to provide for, establish and maintain special courses and classes in and/or schools for speech correction and rehabilitation of those children, who are deaf, or who have defective hearing, or speech, by oral methods, in co-operation with the State Board of Education, or independently, where no state-aid or state funds are furnished under this Act, and to do and perform any and all acts, necessary, or proper, to carry out the terms, intent and purpose of this Act. Courses for defective speech and hearing, by local units of administration. Section 2. The State Board of Education, for and in behalf of the State of Georgia, is hereby empowered and authorized to provide for, establish and maintain special courses and classes in and/or schools for the correction of speech by oral methods of those who are deaf, or who have defective hearing, or speech, in co-operation with, or independently of, local units of administration, with the power and right to promulgate the rules, standards, and requirements for the said courses, classes, and schools, receiving state-aid under this Act, together with the power and right to supervise the methods of operation and administration of the schools, receiving state-aid under terms of this Act, and with the power and right to set the age-limits of the pupils and the qualifications of the teachers and pupils of the schools, receiving state-aid under this Act, together with the power and authority to do and perform any and all acts, necessary, or proper, to carry out the provisions, intent, and purpose of the Act, which is to be given a liberal and broad construction. Same, by State Board of Education. Authority of State Board. Construction of Act. Section 3. Upon the approval of the State Board of Education, the common school fund and such appropriations as may have been made, or as may hereafter be

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made by the General Assembly for common school purposes, or by any agency or bureau, authorized by the General Assembly, to approve and set aside school funds for common school purposes, upon the approval of said agency, or bureau, as to any such funds already approved and set aside for common school purposes, or as may be approved and set aside hereafter by such agency, or bureau for common school purposes, shall be used by the State Board of Education to carry out the provisions and purposes of this Act in paying teachers' salaries for not less than seven months in each year, in accordance with salary schedules prescribed, or to be prescribed, by the State Board of Education, for teachers in such schools as are defined by Georgia Laws, 1937, pages 882-892, provided no teacher, herein provided for, shall receive less than the minimum salary prescribed, or to be prescribed by, the State Board of Education, in schools, receiving state-aid under this Act; and, provided, further, that teachers, as herein provided for, shall not be charged against a local unit in making up the number of teachers in the several groups, as provided for by Georgia Laws, 1937, pages 882-892; and such state funds, or state-aid, shall be used in paying to each local unit of administration (as defined by Georgia Laws, 1937, pages 882-892) which qualifies under this Act for the same or like purposes as specified by the provisions in sub-section three (3) of section nine (9) of Georgia Laws, 1937, pages 882-892, in so far as the said provisions therein are, or may be necessary, or applicable to carry out the provisions of this Act, and the costs and expenses in carrying out the terms of this Act as to those schools operating hereunder and receiving State funds, or State aid, for the purposes of this Act, shall be paid monthly, semi-annually, or annually, as the State Board of Education may determine, to the proper school official of the local unit of administration, after the costs and expenses have been approved by the said State Board of Education, upon such terms and in such manner as the said Board may prescribe. Funds and teachers for purposes of this Act. Section 4. The Boards of Education of any local unit of administration, receiving state funds under the terms

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of this Act, may operate for a longer period than seven months during any school year, and may, in its discretion, supplement the expenses and the State schedule of salaries, and may employ additional teachers not provided for by state funds. Authority of local unit of Administration. Section 5. This Act does not repeal, and shall not be construed as repealing, any of the existing school laws, but is to be construed as additional to same. Effect of this Act on existing school laws. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 8, 1945. FISH DEALERS EXEMPT FROM LICENSE. No. 342. An Act to amend an Act approved February 16, 1938, (Georgia LawsExtra Session 1937-38 pp. 332 through 337) and as amended by an Act approved March 20, 1939, (Georgia Laws 1939, pp. 316 through 319), entitled Fish DealersWholesale Dealers License Fees. To provide for exemption for a resident who catches or produces the fish and other sea-food he sells at retail from paying any license, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and under the authority of the same. Section 1. That on and after the passage of this Act that Georgia Laws 1937-1938 Extra Session, Page 335, Section 5, Sub-Section C is hereby amended by inserting after the word sells and before the word shall the following words, at retail, when so amended said Sub-Section C will read as follows: A resident who catches or produces the fish and other sea-food he sells at retail shall not be required to pay the license fee provided in the Act of 1937-38 Extra Session, and as amended in the Act of 1939 (Georgia Laws). Fish retailer who catches own fish exempt from license fee.

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Section 2. All laws and parts of laws in conflict with this Act, shall be, and the same are hereby repealed. Approved March 8, 1945. DISTRIBUTION OF FUNDS TO COUNTIES FOR ROAD PURPOSES. 92-1404. No. 343. An Act to repeal in their entirety, Sub-sections (F) and (G) of Section 92-1404 of the 1933 Code of Georgia as amended, relating to the distribution of funds to counties of the State to be used exclusively for the construction and maintenance of public roads; and substituting in lieu thereof new Sub-sections to be known as Sub-sections (F) (G) and (H) of Section 92-1404 of the 1933 Code of Georgia, so as to prescribe a method for the distribution of available funds appropriated for the purpose of aiding the various counties of the State in the construction and maintenance of public roads, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia that Sub-sections (F) and (G) of Section 92-1404 of the Code of Georgia of 1933 be hereby repealed in their entirety and that new Sub-sections of Section 92-1404 of the Code of Georgia of 1933 are hereby enacted to be known as Section 92-1404, Sub-sections (F) (G) and (H) to read as follows: 92-1404Sub-section (F). The funds made available by appropriations of the General Assembly to be distributed to the several counties to be used exclusively for the construction and maintenance of the public roads, shall be distributed by the State Treasurer before the tenth day of each month to each County Treasurer, or other County official or officials authorized to receive County Funds in counties not

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having a County Treasurer, the amount distributable each month being one-twelfth (1/12) of the amounts provided for each county in the following table, to-wit: Distribution to counties of public road funds. Counties with this Symbol (*) have increased amounts to figures shown in order to bring them to the average of 14.13%. County Amount Appling 38,074.69 Atkinson 27,609.69 Bacon * * Counties with this symbol have increased amounts to figures shown in order to bring them to the average of 14.13%. 21,562.95 * Baker 22,251.20 Baldwin 18,840.71 Banks * 20,573.60 * Barrow 24,217.62 Bartow * 36,861.04 * Ben Hill 25,016.48 Berrien 39,448.11 Bibb 23,108.44 Bleckley * 17,998.86 * Brantley 28,135.09 Brooks * 38,865.35 * Bryan 28,423.90 Bulloch * 64,465.57 * Burke * 75,000.00 * Butts 18,462.78 Calhoun 21,406.25 Camden 26,030.40 Candler * 24,844.41 * Carroll 50,097.45 Catoosa 16,941.89 Charlton 32,113.99 Chatham 27,001.32 Chattahoochee 11,783.12 Chattooga * 22,453.99 * Cherokee * 40,216.23 * Clarke 13,500.66 Clay 13,973.83 Clayton 19,101.87 Clinch 44,766.64 Cobb * 35,917.78 * Coffee 39,841.39 Colquitt * 43,774.21 * Columbia * 24,709.22 * Cook * 18,720.87 * Coweta * 37,690.62 * Crawford 24,574.03 Crisp * 33,241.61 * Dade 18,690.15 Dawson 27,833.97 Decatur * 43,918.62 * DeKalb * 44,573.07 * Dodge 42,198.01 Dooly * 42,342.42 * Dougherty 23,102.29 Douglas * 21,612.13 * Early 31,656.19 Echols 26,310.00 Effingham * 51,077.60 * Elbert * 33,014.24 * Emanuel * 60,964.97 * Evans 18,094.08 Fannin * 19,885.36 * Fayette 23,805.90 Floyd * 34,243.25 * Forsyth * 23,615.40 * Franklin 30,900.35 Fulton * 75,000.00 * Gilmer * 27,572.82 * Glascock 13,257.93 Glynn 24,798.32 Gordon * 26,509.72 * Grady 45,755.99 Greene * 29,895.63 *

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County Amount Gwinnett * * Counties with this symbol have increased amounts to figures shown in order to bring them to the average of 14.13%. 46,250.67 * Habersham 28,125.86 Hall 37,592.30 Hancock * 31,047.83 * Haralson * 29,520.79 * Harris 37,254.32 Hart * 28,669.70 * Heard * 26,617.25 * Henry * 32,246.12 * Houston 26,949.09 Irwin * 22,583.03 * Jackson 29,102.93 Jasper 37,595.37 Jeff Davis * 25,071.77 * Jefferson * 57,867.87 * Jenkins * 22,524.65 * Johnson 23,197.54 Jones 27,327.01 Lamar * 17,190.76 * Lanier 31,063.20 Laurens * 64,652.00 * Lee * 26,869.20 * Liberty 36,990.10 Lincoln 21,609.04 Long 19,292.36 Lowndes 46,859.02 Lumpkin 22,868.78 McDuffie * 23,947.23 * McIntosh 17,857.49 Macon 48,272.38 Madison * 29,914.07 * Marion * 23,332.73 * Meriwether 43,393.22 Miller * 17,267.58 * Mitchell 48,825.44 Monroe 39,758.43 Montgomery * 23,179.10 * Morgan * 30,387.24 * Murray * 20,075.85 * Muscogee 27,078.13 Newton 35,290.98 Oconee 17,820.62 Oglethorpe * 28,556.04 * Paulding * 32,301.42 * Peach 15,049.21 Pickens 28,205.75 Pierce 23,108.43 Pike * 18,398.25 * Polk 22,318.80 Pulaski 19,621.12 Putnam * 26,248.55 * Quitman 10,741.53 Rabun 20,321.66 Randolph * 21,738.09 * Richmond * 38,043.96 * Rockdale 18,213.91 Wilkes * 25,809.18 * Wilkinson * 27,443.76 * Schley 16,932.66 Screven * 60,547.13 * Seminole * 19,393.75 * Spalding * 21,950.09 * Stephens * 20,109.65 * Stewart 20,051.27 Sumter * 38,590.89 * Talbot 31,284.41 Taliaferro 15,122.95 Tattnall * 37,315.77 * Taylor 32,104.78 Telfair 45,104.61 Terrell 22,899.50 Thomas 54,850.65 Tift * 25,382.10 * Toombs * 34,163.37 * Towns 16,170.68 Treutlen 23,154.52 Troup 32,952.79 Turner * 24,466.49 * Twiggs * 28,918.57 * Union 19,396.83

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County Amount Upson * * Counties with this symbol have increased amounts to figures shown in order to bring them to the average of 14.13%. 22,893.36 * Walker 35,764.15 Walton * 30,774.37 * Ware 42,609.73 Warren 28,371.66 Washington * 60,362.76 * Wayne * 32,949.72 * Webster 15,325.74 Wheeler 26,162.52 White 17,537.95 Whitfield * 23,028.55 * Wilcox 32,157.02 Worth * 42,265.60 * TOTALS $4,810,846.70 Sub-Section (G). The State Treasury shall pay to each county the amount herein provided for in twelve equal monthly installments and the amounts necessary to make said monthly payment to the proper officials of the various counties is hereby appropriated for the purpose and made a special and continuing appropriation. Monthly installments. Sub-Section (H). If the Budget Authority of the State should fail to make available for any quarter of a fiscal year a sum sufficient to pay such appropriation in full the distribution of funds to the counties hereunder for such quarter of a fiscal year shall be on the basis existing prior to the adoption of this Act. Provided, however, that no county shall receive less than $17,500. In case of deficient appropriation. Section 2. The provisions of this Act shall become effective at the beginning of the next fiscal year, July 1, 1945. Effective date. Section 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1945. STATE DEPARTMENT OF VETERANS SERVICE. No. 344. An Act to make comprehensive provision for an integrated Veterans Service for Georgia; to create a State Department of Veterans Service; to provide for a

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Board of Veterans Service and Director; to provide for appointment, selection, powers, duties, compensation, authority of the State Department of Veterans Service and the offices thereof; to provide for the expansion of Veterans Service work under the State Department of Veterans Service; to provide for educational services, prosecution of claims of veterans, widows and dependents; to provide for severability of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. There is hereby created within the State Government a State Department of Veterans Service. The Department of Veterans Service shall be administered by a State Director of Veterans Service and a State Board of Veterans Service comprised of seven members. The Director of Veterans Service shall be the executive officer of the Department and shall be charged with the administrative responsibilities of the Department in conformity with the orders, rules and regulations of the State Board of Veterans Service. The first appointments to the State Board of Veterans Service shall be made by the Governor for terms beginning April 1, 1945. The original appointments of the members of the Board shall be for terms of 1, 2, 3, 4, 5, 6 and 7 years, respectively. Thereafter all terms and appointments, except in cases of vacancy, shall be for seven years. No person shall be appointed to the State Board of Veterans Service and no person shall be eligible for the office of Director of Veterans Service except such as have honorably served not less than three months in the armed services of the United States during a war in which the United States was engaged. All persons serving as members of the Board or as Director under the terms and provisions of this Act, shall be residents of this State for a period of five years unless they were residents of the State of Georgia at the time they volunteered, enlisted or were inducted in the armed services of the United States. There shall be a Chairman, Vice-Chairman, and Secretary of the State

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Board of Veterans Service designated by the Governor. Annually thereafter the Board shall elect these officers from among its own membership. The State Department of Veterans Service shall succeed to and be vested with all powers and duties now conferred by law upon the State Veterans Service office and the officers thereof, together with such additional powers and duties as may hereafter be provided. State Department of Veterans Service. Director. State Board of Veterans Service. The members of the State Board of Veterans Service shall be confirmed by the State Senate. All members of the Board and the Veterans Service Director shall hold office until their successors are appointed and qualified. Any appointment of a member of the Board for a full term made when the Senate is not in session, shall be effective only until the same is acted upon by the State Senate. Section 2. The State Board of Veterans Service shall meet once each month in the offices of the State Department of Veterans Service, and at such meetings shall give attention to all things and matters properly coming under the jurisdiction of the Board. The meetings herein provided shall be for stated regular periods, but shall not exceed more than two days in any one session. Call meetings of the Board may be had by the Chairman thereof or by the Director of Veterans Service. Meetings Members of the Board shall receive no per diem or other payment except actual traveling expenses and actual expenses incurred when upon attendance upon meetings of the Board. Compensation. Section 3. All vacancies on the Board occasioned by death, resignation or other cause shall be filled by appointment of the Governor for the unexpired term subject to confirmation by the Senate at the next session of the General Assembly. Vacancies Section 4. The State Board of Veterans Service shall recommend to the Director matters of policy, procedure and work projects. It shall be the duty of the Director to effectuate and carry out the laws of the State pertaining

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to veterans, and likewise to perform the duties required of him by law and by regulation of the Board. Board to recommend policy, etc. Director's duties. The State Board of Veterans Service shall select a Director of Veterans Service who shall serve for a term of four years who shall be Chief Executive and Administrative Officer of the Department and the Board. The said Director shall serve during good behavior, provided however, the Board can at any time for good and sufficient cause properly shown dispense with the services of the Director, after a hearing before said State Board of Veterans Service, at which hearing said director shall be heard, in person, by counsel or both. The Board is authorized to adopt and cause to be used an official seal for the Department. Selection and removal of Director. Section 5. The State Board of Veterans Service shall fix the compensation of the Director at not more than $6,000.00 per annum, payable in semi-monthly installments. The Director, as Executive Officer of the Department of Veterans Service and the Board shall be in charge of the administration of all matters pertaining to veterans' affairs under the terms and provisions of this Act, and in conformity with rules and regulations of the Board. It shall be the duty of the Director to furnish information to all veterans of all wars in which the United States has engaged as to their rights and benefits under Federal legislation, State legislation or local ordinances; to assist all veterans, their dependents and beneficiaries, in the preparation and prosecution of claims before appropriate Federal governmental departments; to report any evidence of incompetency, dishonesty, or neglect of duty on the part of any employee of governmental agencies dealing with veterans' affairs to the proper authority; and generally to do and perform all things for the promotion and the interest of and for the protection of the veterans of Georgia as to their rights under all Federal and State Laws now or hereafter enacted. Director's salary and duties. Section 6. The State Department of Veterans Service and the State Board thereof is empowered to accept gifts, grants and other contributions from the Federal Government, or from any other governmental unit, and

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gifts, grants, donations or contributions of money, facilities and services from individuals and organizations, in addition to any funds appropriated by the State. Gifts, etc., acceptable. Section 7. The Director of the State Department of Veterans Service shall furnish the Governor the members of the General Assembly, the State Board of Veterans Service, veterans organizations, and the public generally, an annual report with reference to claims presented on behalf of veterans of this State, as to the veterans aided under Federal, State or local legislation, and to otherwise report the activities and accomplishments of the Department. Reports by Director. Section 8. The Director of the State Department of Veterans Service is authorized and directed to employ competent personnel to assist in the administration of the Department of Veterans Service. The Director shall give reasonable preference to veterans, their widows and dependents in the matter of employment in the State Department of Veterans Service, provided however, that competency and efficiency shall not be sacrificed because of veteran affiliation, relationship or service. It shall be the duty of the Director to advise the Governor, the Board of Veterans Service and the General Assembly as to needed veterans' legislation. As Executive Officer the Director shall have exclusive authority to employ personnel necessary to carry out the purposes of this Act, and shall define the duties of employees, assign their official stations, and fix their compensation. Personnel. Advice as to needed legislation. Section 9. The Director shall maintain full, adequate and complete copies of the service records of all Georgia veterans who served during any war in which the United States has been engaged, and shall include both enlisted personnel and personnel selected under the National Selective Service Act. Veterans' service records. Section 10. The Director of the State Department of Veterans Service shall exercise a broad discretion in extending to veterans the aid and assistance provided by law, and shall extend the services of the State Department so as to make available to all veterans the aid and

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services contemplated under provisions of law. In rendering the services required, the Director is authorized and empowered to consistently advance the interests of veterans of Georgia, and to extend the Veterans Service Department to the full limit of appropriations and funds provided by law. Aid to veterans. Section 11. The Director of Veterans Service shall maintain a division of the Department of Veterans Service dealing exclusively with the education of war veterans, which said division shall be administered in conformity with the recommendations of the Georgia State Veterans Education Council. The Director, Department, Board, and Division, shall work cooperatively with the State Department of Education, the United States Veterans Administration and the high educational institutions that are properly qualified in such manner as may be necessary to assist veterans to procure and take advantage of any right or privilege now existing or hereinafter enacted under any Federal statute, State or local law. Education of veterans. Section 12. The State Department of Veterans Service, all officers and employees thereof, shall work consistently and diligently in all matters, and particularly shall undertake to conduct an educational program for the information of veterans, their widows and dependents, as to any and all rights accruing to such veterans under National, State and local law. The Director of Veterans Service and the members of the Board are directed to conduct educational programs by personal appearances before veterans' organizations, service clubs, fraternal groups and other such organizations so as to acquaint the public generally with the work of the Department and the rights and privileges of veterans. Educational program regarding veterans rights. The Director of Veterans Service, the Board and the Department are authorized and directed to make available any regions, locations and areas throughout this State, representatives of the Department, to assist veterans, widows and dependents in the preparation and filing of claims for benefits and in acquainting them with all legal rights and privileges. Assistance in filing claims for benefits.

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Section 13. The Director of Veterans Service shall, in addition to the duties herein provided: (a) Acquaint himself, his assistants and employees, with the laws, Federal, State and local, enacted for the benefit of members of the armed forces, veterans, their families and dependents; make studies of, and collect data and information as to the facilities and services available to them; and cooperate with information or service agencies and organizations throughout the State in disseminating and furnishing counsel and assistance of benefit to residents of Georgia who are or have been members of the armed forces, their families and dependents which will show the availability of: Director's additional duties. 1. Educational training and re-training facilities; 2. Health, medical, rehabilitation and housing services and facilities; 3. Employment and re-employment services; 4. Provisions of Federal, State and local laws affording financial rights, privileges and benefits; 5. Other matters of similar, related or appropriate nature. (b) Assist veterans and their families and dependents, in the preparation, presentation, proof and establishment of such claims, privileges, rights and other benefits accruing to them under Federal, State and local laws. (c) Cooperate with all National, State and local governmental and private agencies, securing or offering services or any benefits to veterans, their families and dependents. Section 14. All phrases, sentences, clauses, sections, and parts of this Act are enacted severably. Provisions severable. Section 15. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1945.

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ROAD HOUSES, TOURIST CAMPS, ETC., REGULATED. No. 345. An Act to license and regulate the operation of road houses, cabin camps, tourist camps and public dance halls; to provide for the registration of guests; to provide for inspection by State and county health officers; and to provide penalties for persons operating cabins, tourist camps, and road houses for immoral purposes or who violate other provisions of this act in restaurants, cafes, or places where food and/or drinks are sold. Be it enacted by the General Assembly: Section 1. Every person, firm or corporation engaged in the business of operating outside the corporate limits of any city or town in this State a tourist camp, cabin camp, tourist home, road house, public dance hall, or any other similar establishment by whatever name called, where travelers, transient guest, or other persons are or may be lodged, or operating restaurants, cafes, or places where food and/or drinks are sold to be consumed at said places, shall, before engaging in such business, apply for and obtain from the County Commissioners or the Board of Commissioners of Roads and Revenues or from the Ordinary sitting for County Purposes (referred to hereafter in this act as County Commissioners) in the county in which such business is to be carried on a license for the privilege of engaging in such business. Regulation of tourist camps, road houses, dance halls, etc., outside of cities. Section 2. This Act shall not apply to hotels and inns within the definition of Sections 52-101 and 52-102 of the 1933 Civil Code of Georgia nor to persons who incidental to their principal business or occupation accept from time to time seasonal boarders in their private residences. Hotels and seasonal boarding houses excepted. Section 3. Every person, firm or corporation making application for license to engage in the business described in Section one of this Act shall make application

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to the County Commissioners in the county in which such business is to be engaged in and the application shall contain: Application for license. (a) The name and residence of the applicant and the length of the residence within the State of Georgia. (b) The address and place for which such license is desired. (c) The name of the owner of the premises upon which the business licensed is to be carried on. (d) That the applicant intends to carry on the business authorized by the license for himself or under his immediate supervision and direction. (e) That such applicant is of good moral character and has never been convicted of a felony involving moral turpitude, or adjudged guilty of violating either the State or Federal prohibition laws within the last two years prior to the filing of the application. Section 4. The application prescribed in Section three of this Act must be verified by the affidavit of the petitioner made before a notary public or other person duly authorized by law to administer oaths. If it appears from the statement of the applicant, or otherwise, that such applicant has been convicted of a felony involving moral turpitude, or adjudged guilty of violating either State or Federal prohibition laws within the last two years prior to the filing of the application, or within two years from the completion of sentence thereon, the license herein provided for shall not be granted, unless it shall appear to the satisfaction of the County Commissioners that the licensed premises will be operated in a lawful manner; in which case they may, in their discretion, issue such license. Before any such license shall be issued, the governing body of the county shall be satisfied that the statements required by Section three are true. Every establishment named in this Act shall be subject to inspection by the State Board of Health and the county health authorities in the county in which such business is carried on. Verification of application. Effect of applicants previous conviction of felony or of violating prohibition law. Inspections.

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Section 5. At any time upon request of the Sheriff of the county in which such business is carried on, the operator of every establishment named in this Act shall furnish said Sheriff with a list of all employees who are employed by him in connection with said business; and, in every instance when such an operator goes out of business or there is a change of ownership or management thereof, such operator shall immediately file with the clerk of the County Commissioners of the County in which such business is carried on a notice to this effect, giving the name and address of the purchaser or the new owner or manager thereof. Operator's list of employees to be furnished sheriff. Notice of change of ownership. Section 6. Any person or persons occupying any room or rooms in a tourist camp, cabin camp, tourist home, road house, or any other similar establishment by whatever name called, shall register or cause himself to be registered before occupying the same, and if traveling by motor vehicle shall register at the same time the automobile license tag of such motor vehicle and the manufacturer's name of such motor vehicle, and no persons shall write or cause to be written or, if in charge of a register, knowingly permit to be written in any register in any of the establishments herein named by other or a different name or designation than the true name or names in ordinary use of the person registering or causing himself to be registered therein, or the true name of the manufacturer of such motor vehicle or the correct license plate and number thereof. Every person to whom a license is issued under the provisions of this Act shall provide a permanent register for the purposes set forth herein. Registration of guests. Section 7. Any man or woman found occupying the same room in any establishment within the meaning of this Act for any immoral purpose, or any man or woman falsely registering as or otherwise representing themselves to be husband and wife in any such establishment shall, upon conviction thereof, be guilty of a misdemeanor and shall be fined or imprisoned in the discretion of the court. Penalty for falsely registering, etc.

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Section 8. Any person being the operator or keeper of any establishment within the meaning of this Act who shall knowingly permit any man or woman to occupy any room in any establishment within the meaning of this Act for any immoral purposes, or who shall knowingly permit any man or woman to falsely register as husband and wife in such an establishment, shall, upon conviction thereof, be guilty of a misdemeanor and shall be fined or imprisoned in the discretion of the court. Penalty for operator's permitting false registration, etc. Section 9. Any person who shall knowingly persuade. induce or entice, or cause to be persuaded, induced or enticed, any woman or girl to enter any establishment within the meaning of this Act for the purpose of prostitution or debauchery, or for any other immoral purpose, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined or imprisoned in the discretion of the court. Penalty for inducing a female to enter establishment for immoral purpose. Section 10. In addition to the penalty herein prescribed for a violation of this Act, the court, before whom such person is tried and where a conviction is had, shall have the power to revoke the license to operate the establishments licensed under this Act, and whenever any person, firm or corporation has been so convicted, the court, if it shall appear that said premises were being operated in violation of the law with the knowledge, consent or approval of the owner thereof, shall have the authority to prohibit the issuance of any similar license for said premises to any person for a term of one year after the revocation of said license. Revocation of license after conviction. Section 11. The tax imposed by this Act shall be in addition to all other licenses and taxes levied by law upon the business taxed hereunder. License is additional tax. Section 12. Licenses issued under this Act shall be due in advance annually on or before the first day of June of each year, or at the date of engaging such business, and shall expire on the thirty-first day of May of each year, and shall be for the full amount of the tax prescribed, regardless of the date such business is begun. Upon the expiration of the license herein required, it

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shall be unlawful for any person, firm or corporation to continue such business until a new license is applied for and obtained for the privilege of engaging in such business, as in this Act required. Licenses. Section 13. It shall be unlawful for any person, firm or corporation to engage in such business without first obtaining a license therefor. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined or imprisoned in the discretion of the court. Penalty for opearting without license. Section 14. Unless another penalty is in this Act or by the laws of this State provided, any person violating any of the provisions of this Act shall, upon conviction thereof, be guilty of a misdemeanor and shall be fined or imprisoned in the discretion of the court. Penalty for violating Act. Section 15. The governing body of any city or town shall have the authority to make any or all of the provisions of this Act applicable to any business as defined herein which may be located in the limits of any such city or town. Cities' authority under this Act. Section 16. The provisions of this Act shall be supplemental to and not in derogation of any of the provisions of the General, Civil, and Penal Laws now in force relating to the licensing and regulating of tourist camps, dance halls, road houses and similar businesses. This Act supplemental to other laws. Section 17. If any clause, sentence, paragraph or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act. Saving Clause. Section 17-A. Upon application of any officer or citizen of the county wherein such establishment is located, the Superior Courts of the State of Georgia are hereby authorized to enjoin any licensee hereunder from further operating such business upon proof that such licensee has violated the provisions of this Act, or upon proof that the licensee has forfeited his license; and said Superior Courts, and the Judges thereof, shall likewise have

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authority to and shall enjoin, at the instance of any taxpayer or citizen, any person, firm, or corporation from further operating such business without first securing the license herein provided for. Injunction. Section 18. This Act shall be in full force and effect from and after June 1, 1945. Effective date. Section 19. All laws and clauses of laws in conflict with this Act are hereby repealed. Approved March 8, 1945. UNEMPLOYMENT COMPENSATION LAW AMENDED. No. 346. An Act to amend an Act approved March 29, 1937, known as the Unemployment Compensation Law, Georgia Laws 1937, pp. 806, et seq.; as amended by an Act approved January 25, 1938, Georgia Laws 1937-8, extra session, pp. 356, et seq.; as further amended by an Act approved March 21, 1941, Georgia Laws 1941, pp. 532, et seq.; as further amended by acts approved March 20, 1943, Georgia Laws 1943, pp. 610, 612, 613, et seq.; by changing the name of the Bureau of Unemployment Compensation to the Employment Security Agency; by amending, changing, modifying and clarifying the provisions of the said law as to experience rating; as to the filing and granting of applications for termination of coverage, and by eliminating coverage in certain cases; as to allocation of wage credits of employees receiving wages in excess of $3000 throughout the calendar year; as to maritime coverage; by providing additional safeguards for the solvency of the Employment Security (Unemployment Compensation) fund; by clarifying the law as to the custodian of the fund; by providing for the destruction of obsolete records of the Agency; by providing for penalties for failure to file reports; by establishing a special administrative fund; by authorizing the payment

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of exchange on local bank checks received in payment of contributions; by postponing of application of provisions of experience rating in certain cases; by renumbering the paragraphs and sections of said Act, as amended; by providing that employer's experience rating account shall not be chargeable with benefits paid to ex-service persons in certain cases; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that: Section 1. The Act of the General Assembly of Georgia, approved March 29, 1937, entitled an Act to provide for the establishment of the Bureau of Unemployment Compensation in the State Department of Labor and known as The Unemployment Compensation Law, Georgia Laws 1937, pp. 806, et seq., as subsequently amended be, and the same is, hereby amended in the following respects, namely: Paragraph 1. By striking from the first sentence of Section 10 of said Act of 1937, as amended, the words a bureau, to be known as the Bureau of Unemployment Compensation and inserting, in lieu thereof, the words a division to be known as the Employment Security Agency, so that said sentence, when so amended, shall read as follows: Section 10. (Ga. Ann. Code 54-628). There is hereby created in the Department of Labor a division to be known as the Employment Security Agency, which shall be administered by a full-time salaried director, who shall be subject to the supervision and direction of the Commissioner of Labor. It is the intent and purpose of this amendment only to change the name of the State agency administering said Law from Bureau of Unemployment Compensation, wherever found, to Employment Security Agency, all other provisions of said Law, as amended, remaining of full force and effect. Bureau of Unemployment Compensation changed to Employment Security Agency. Paragraph 2. By striking from said Act of 1937, as

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amended by the Act approved March 21, 1941, and as further amended by the Act approved March 20, 1943, by striking from Section 1 of the said Act approved March 20, 1943, being Act No. 438, as codified at Ga. Ann. Code 54-622 (7) (IV), the words the separate rates of contributions applicable at such time to the predecessor and successor continue to be applicable to successor until the time hereinafter stipulated and insert, in lieu thereof, the words: the rate of contributions applicable to the successor at the time of the acquisition shall continue to be applicable to the successor after the acquisition until the time hereinafter stipulated, so that the concluding clause of said amended sentence, when so amended, shall read as follows: but if the successor is already an employer at the time of such acquisition, the rate of contributions applicable to the successor at the time of the acquisition shall continue to be applicable to the successor after the acquisition until the time hereinafter stipulated. Rates of contributions applicable to successor. Paragraph 3. By striking from said Act of 1937, as amended by the Act approved March 21, 1941, and as further amended by the Act approved March 20, 1943, by striking from Section 7 (c) (8) of said Act approved March 21, 1941, as codified at Ga. Ann. Code 54-622 (8), the words and figures June 30 of any year, in the first line of said subsection 8 and inserting, in lieu theerof, the words the last day of any calendar quarter; and by striking from the fourth and fifth lines of said subsection 8 the words and figures June 30 of any year (or December 31, 1941, for the year 1942) and inserting, in lieu thereof, the words said last day of such calendar quarter, and by striking from the last line of said subsection 8 the words and figures for the next calendar year immediately following said June 30 shall be 2.7 per centum and inserting, in lieu thereof, the words and figures shall be 2.7 per centum for a twelve-month period effective on the first day of the second succeeding calendar quarter, so that said subsection 8, when so amended, shall read as follows, to wit: Section 7 (c) (8) of Act of 1941 amended. (8) If on the last day of any calendar quarter, the

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balance in the unemployment compensation trust fund is less than two and one half (2) times the highest amount paid out in benefits in any one of the five preceding twelve-consecutive-calendar-month period ending on the last day of such calendar quarter, or Twelve and a Half Million Dollars ($12,500,000), whichever is the greater, the rate of contribution shall be 2.7 per centum for a twelve-month period effective on the first day of the second succeeding calendar quarter. Such twelve-month period increase shall operate prospectively as and when in the future said conditions shall be found to exist. Paragraph 4. By striking from Section 8 (b) of said Act of 1937, as amended by the Act approved March 21, 1941, Georgia Laws 1941, page 542 (Ga. Ann. Code 54-623 (b)), the words and figures 31st day of March and inserting, in lieu thereof, the words and figures 30th day of April. Section 8 (b) of Act of 1937 as amended by Act of 1941, amended. Paragraph 5. By striking the period at the end of Section 8 (c) (2) of said Act of 1937, as amended, (Ga. Ann. Code 54-623 (c)), and adding the words provided, that all types of elective coverage may be terminated at any time subsequent to the first two-year period, for good cause shown, by order of the Commissioner at his discretion. Section 8 (c) (2) of Act of 1937 as amended, amended. Paragraph 6. By striking from Section 9, subsections (b) and (c) of said Act of 1937, as amended (Ga. Ann. Code 54-625-626), the words in accordance with the directions of the Commissioner in the third line of said subsection (b), the word by and the words be forwarded to the Treasurer who shall in the ninth line of said subsection (b), the words Treasurer under the direction of the in the thirteenth line and in the twenty-seventh line of said subsection (b), by striking from the first line of said subsection (b) the words State Treasurer and inserting, in lieu thereof, the words Commissioner of Labor and by striking from the thirty-first line thereof the word Treasurer and from said subsections (a) and (b) and from subsection (c) wherever elsewhere found the word Treasurer and inserting, in lieu thereof

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wherever found, the words Commissioner of Labor and by striking the period from the end of the thirteenth line of said subsection (b) after the word fund and adding immediately thereafter the words provided, that any charges for exchange on local bank checks in payment of contributions may be paid as expense of collection from the administrative fund. This amendment providing that the Commissioner of Labor shall be the custodian of the Unemployment Compensation Fund and, further, that charges for exchange on local bank checks in payment of contributions may be paid as expense of collection from the administrative fund. Section 9, sub-sections (a), (b), (c), of Act of 1937, as amended, amended. Paragraph 7. By striking the semicolon and the word and from the end of Section 19 (n) (1) of said Act of 1937, as amended by Section 29 of said amendatory Act approved March 21, 1941, (Ga. Ann. Code 54-657 (n) (1)), and by adding thereto the words provided, that the Commissioner shall be authorized by proper regulations to apportion and allocate equitably the wage credits throughout the calendar quarters in which services were rendered. Section 19 (n) (1) of Act of 1937, as amended by section 29 of Act of 1941, amended. Paragraph 8. By adding at the end of Section 11 (b) of said Act of 1937, as amended, (Ga. Ann. Code 54-632, the following sentence, namely: Section 11 (b) of Act of 1937, as amended, amended. The Commissioner is expressly authorized by regulation to provide for the destruction of obsolete records of the Division of Employment Security which are expensive to store, and without practical or historic value, notwithstanding any provisions of Section 40-809 of the Code to the contrary. Paragraph 9. By adding to Section 16 of said Act of 1937, as amended, (Ga. Ann. Code 54-9919), a new subsection to be known and designated as subsection (e) as follows, namely: Section 16 of Act of 1937, as amended, amended. (e) The Commissioner shall by proper regulation prescribe due dates for the filing of reports by each employer, listing the names of each employee, the Social Security number of each employee and the amount of

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wages paid each employee. Any employer who shall fail to file any such report on or before said due date shall be penalized in the sum of $10.00 and in the additional sum of $10.00 for each month of delinquency thereafter of each such report, and said penalty assessment shall be due and payable as are delinquent contributions and the collection enforced under procedure set up in Act No. 449, approved March 20, 1943, Georgia Laws 1943, page 610, (Ga. Ann. Code 54-650 (a)), provided that, on good cause shown, in the discretion of the Commissioner, he may grant one extension of time for the filing of any such report without penalty, and provided, further, that inadvertent, unavoidable or unintentional errors or omissions in a report which is filed in due time shall not subject the employer to the imposition of the penalty above provided for. Paragraph 10. By striking the period at the end of subsection (D) of Sections 19 (h) (7) of said Act of 1937, as amended, (Ga. Ann. Code 54-657 (h) (7) (D)), and by adding immediately after the end of said subsection the following words, namely: provided, however, that the Commissioner of Labor shall have authority to issue an appropriate rule and regulations thereunder revoking this exception and prescribing the conditions of coverage under this Act of officers and members of crews of vessels on the navigable waters of the United States when, in the discretion of the Commissioner, such extension of coverage is deemed appropriate as a result of similar action on the part of other states. Section 19 (h) (7) of 1937 Act as amended, amended. Paragraph 11. By striking from Section 9 (a) of said Act of 1937, as amended, (Ga. Ann. Code 54-624) the words and figure (2) all fines and penalties collected pursuant to the provisions of this Chapter and by striking from Section 14 (a) of said Act of 1937, as amended, (Ga. Ann. Code 54-647), the last sentence thereof, and by adding at the end of Section 13 of said Act of 1937, as amended (Ga. Ann. Code 54-627) (a), a new subsection to be known and designated as subsection (d) as follows, namely: Sections 9 (a), 14 (a) and 13 of Act of 1937, as amended, amended.

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(d) All fines, penalties, and interest collected under the terms of this Act shall be paid into the Treasury of the State of Georgia. There is hereby authorized to be appropriated by the General Assembly to the Commissioner of Labor all funds so raised and covered into the Treasury, which shall be payable by warrant of the State Treasurer upon requisition of the Commissioner of Labor, to be used for the replacement of monies, as provided in Section 13 (b) of the Act of 1941, approved March 21, 1941, (Ga. Ann. Code 54-646), and for incidental expenses incurred in the administration of this Act for which Federal funds are not granted by the Federal Government through the Social Security Board or its other agencies. Paragraph 12. By striking the period at the end of Section 14 (d) of said Act of 1937, (Ga. Ann. Code 54-650), and adding thereto the following proviso, namely: Section 14 (d) of Act of 1937 amended. provided, that any refunds of monies covered into any other fund shall be made from such other fund and not from the trust fund. Paragraph 13. By adding to the end of Section 7 (c) (6) (i) of said Act of 1937, as amended, (Ga. Ann. Code 54-622 (6) (i)), a new subparagraph to be known and designated as subparagraph (F), namely: Section 7 (c) (6) (i) of Act of 1937 as amended, amended. (F) Provided, however, that for the calendar year 1945 and the calendar year 1946 and employer's contribution rate shall be 2.7 per centum of that part of the wages paid by him during each such calendar year which is in excess of 300 per centum of his total taxable pay roll for the calendar year 1941 plus that of his predecessor, if any, or in excess of $150,000.00 whichever is greater. Provided further that an employer who did not have a taxable pay roll during the calendar year ending December 31, 1941, and is not a successor to one who had such pay roll, but who shall be otherwise entitled to a reduced contribution rate under the terms of Section 7 (c) of this Act shall have a contribution rate of 2.7 per centum on that portion of wages paid by him

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which exceeds a total of $150,000.00 during each of the calendar years 1945 and 1946. Paragraph 14. By adding to the end of Section 3 of said Act of 1937, as amended, (Ga. Ann. Code 54-608) the words: Section 3 of Act of 1937 as amended, amended. When benefits are paid to ex-service persons with respect to such wage credits, no employer's account shall be charged with benefits so paid. Paragraph 15. By inserting between the next to the last sentence and the last sentence of Section 8 (b) of said Act of 1937, (Ga. Ann. Code 54-623 (b), the following words, namely: Section 8 (b) of Act of 1937 amended. Except as provided in subsection (c) of this Section, if said employing unit further shows that it was not liable for any Federal tax against which credit may be taken for contributions paid into a state unemployment compensation fund with respect to said preceding year during which such employing unit did not employ eight or more workers for the statutory period, notwithstanding any other provision of this Act, coverage may be terminated as of January 1 of said preceding year and contributions paid with respect to employment subsequent to said date may be refunded. Such refunds shall not operate to decrease the wage credits of any individual. Section 2. If any of the provisions of this Act, or the application thereof to any person or circumstance, is held invalid, or to be unconstitutional, the remaining provisions of this Act and the application of such provisions to other persons or circumstances shall not be affected thereby. Saving clause. Section 3. This Act shall be effective on the first day of the first calendar quarter immediately following its approval by the Governor. Effective date. Section 4. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 8, 1945.

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SALE AND USE OF STATE'S LIVESTOCK AND SWINE. No. 347. An Act to provide manner and method of selling or disposing of livestock and swine belonging to the State of Georgia or any of the agencies, boards or departments, to fix penalties for violation, and for other purposes: Whereas, the taxpayers of the State of Georgia are taxed for the purpose of purchasing and raising livestock and swine at different institutions of this State, and Whereas, the farmers of this State would be greatly benefited by being enabled to purchase better bred livestock and swine to improve their herds and that it would encourage and enhance the value of livestock and swine in the State of Georgia, therefore, Be it enacted by the General Assembly of the State of Georgia, and under the authority of the same: Section 1. That on and after the passage of this Act, no livestock and/or swine belonging to the State of Georgia, or any agency, board or department of this State, shall be sold or otherwise disposed of, except as defined in Section 2 and 3 of this Act. Sale of State's livestock and swine. Section 2. That livestock and swine belonging to the State of Georgia, or any agency, board or department of this State, whenever sold, shall be advertised for sale in a newspaper of general circulation including the State Market Bulletin for ten (10) days and that all livestock and swine shall be sold at public auction only to farmers of the State of Georgia. Advertisement. Auction Section 3. That all livestock and/or swine belonging to the State of Georgia, any agency, or department of this State, whenever disposed of, other than sale, shall be slaughtered for the use and benefit of State institutions. Livestock and swine for State institutions. Section 4. Any official or employee of the State of

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Georgia, any agency or department of this State, upon violation of any section of this Act, shall be guilty of a misdemeanor, and punished as such by the Court, and, in addition thereto, shall be discharged from the services of the State or any agency or department of this State. Penalty for violation of this Act. Section 5. The provisions of this Act shall not apply to the University System of Georgia since the animals are used for educational instruction, scientific information, and research work. University System exempt. Section 6. All laws and parts of laws in conflict herewith shall be, and are hereby repealed. Approved March 8, 1945. RELEASE OF POWER OF APPOINTMENT, ETC. No. 348. An Act to provide for the release or relinquishment of powers of appointment, general or special, whether exercisable by deed, will or otherwise, whether reserved by the holder of such power or conferred upon such holder by another: to provide that any person holding such power may release such power completely or may release or relinquish the right to exercise the power except among a limited class or may covenant that such power will be exercised only in favor of members of a limited class; to provide a method of execution and delivery of such release, relinquishment or covenant; to clarify and declare the existing law on the subject; to provide that this Act shall apply to such releases, relinquishments and covenants heretofore executed; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Any person holding a power of appointment, general or special, whether exercisable by deed or by will only or otherwise, and whether reserved by the holder of such power or conferred upon him by another,

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may, as to all or any part of the property covered by such power of appointment, release or relinquish such power completely or may release or relinquish the right to exercise such power except among a limited class set out in such release or relinquishment, or may covenant that such power will be exercised only in favor of the members of a limited class, and any such release, relinquishment or convenant executed and delivered as hereinafter provided shall be valid and binding, whether with or without a consideration, provided that no such release, relinquishment or covenant shall have the effect of permitting such property to be appointed to a person not permitted by the original power. Release of power of appointment exercisable by deed, will or otherwise: etc. Section 2. Any such release, relinquishment or covenant shall be in writing signed by the person holding such power and delivered to anyone interested in such power, including any person in such limited class, or to any fiduciary holding such property or any part thereof, or recorded in the office of the Clerk of the Superior Court of the county in which the property or any part thereof is located. Release, relinquishment, or covenant to be in writing. Section 3. No fiduciary holding or distributing any such property shall be deemed to have notice of such release, relinquishment or covenant or be bound thereby unless and until a copy thereof is delivered to such fiduciary. No bona fide purchaser purchasing such property shall be affected by such release, relinquishment or covenant unless he has notice thereof or unless such release, relinquishment or covenant be recorded in the office of the Clerk of the Superior Court of the county in which such property is located. Notice of release, etc., of fiduciary. Bona fide purchaser. Section 4. This Act is declaratory of existing law and shall apply to all such releases, relinquishments and covenants heretofore executed as well as to those hereafter executed. Application of this Act. Section 5. Should any part of this law or the application thereof to any person or situation be declared unconstitutional or invalid, it shall not affect or impair the

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validity of the other parts of this law or the application thereof to other persons or circumstances. Saving clause. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 8, 1945. OLEOMARGARINESALE ACT OF 1883 REPEALED. No. 349. An Act repealing an Act entitled an Act to prevent the practice of fraud upon the public in the sale and use of the product known as oleomargarine by prescribing the manner in which only it may be sold, and conditions upon which hotels, inns, restaurants and houses of public entertainment can only furnish it to their guests, and providing a penalty for the violation of the same, and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. The Act of the General Assembly entitled An Act to prevent the practice of fraud upon the public in the sale and use of the product known as `oleomargarine' by prescribing the manner in which only it may be sold, and conditions upon which hotels, inns, restaurants and houses of public entertainment can only furnish it to their guests, and providing a penalty for the violation of the same, and for other purposes, approved September 21, 1883, the same being No. 261 of the Georgia Acts of 1882-3, Page 124, be, and the same is hereby repealed in its entirety. Act of 1883 repealed. Section 2. That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Effective date. Section 3. This Act shall take effect immediately upon its becoming a law. Approved March 8, 1945.

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COMPULSORY SCHOOL ATTENDANCE. 32-2101, 32-2102, 32-2103, 32-9906. No. 350. An Act to provide for the compulsory school attendance of all children within the State of Georgia between their seventh and sixteenth birthdays; to provide the minimum session of such annual school attendance, and the exceptions therefrom; to provide for the enforcement of such attendance laws by authorized county and independent school system boards of education, to employ a full time visiting teacher or teachers, to be qualified in accordance with professional requirements as prescribed by the State Board of Education; to prescribe the powers, duties, and authority of such visiting teachers; to permit the employment of part-time visiting teachers; to permit the employment of other persons to act as attendance officers in lieu of visiting teachers; to require certain reports from public, private, parochial and denominational teachers, schools, and principals; to provide the penalties for violation of this Act, and for the treatment of children absent from school as delinquents, in the Juvenile, Superior and City Courts; to provide that the unconstitutionality of any provision of this act shall not affect the constitutionality of any other provision thereof; to repeal all laws or parts of laws inconsistent or in conflict herewith, and to wholly repeal Sections 32-2101, 32-2102, 32-2103, and 32-9906 of the Georgia Laws relating to compulsory school attendance. Be it enacted by the General Assembly of the State of Georgia: Section 1. Every parent, guardian, or other person residing within the State of Georgia having control or charge of any child or children between their seventh and sixteenth birthdays, shall enroll and send such child or children to a public or private school under such penalty for non-compliance herewith as is hereinafter provided. Compulsory school for children 7 to 16 years old.

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Section 2. The minimum session of annual school attendance required under this Act shall be one hundred and seventy-five school days, or for the full session or sessions of the school which the child is eligible to attend. Such attendance shall not be required where the child has completed all high school grades. 175 days annual attendance required. Exception. Section 3. The following classes of children between their seventh and sixteenth birthdays shall be exempted from the provisions of this Act, the County and Independent School System Boards of Education to be sole judge in all such cases: (a) Children mentally or physically incapacitated to perform school duties, (b) Children excused from attendance in school by County and/or Independent School System Boards of Education in accordance with the general policies and regulations promulgated by the State Board of Education. The State Board of Education in promulgating its general policies and regulations shall take into consideration sickness, seasonable labor and other emergencies which may arise in any school community. Children exempted. Section 4. It shall be the duty of each County and Independent School System Board of Education within the State to administer this Act and to secure its enforcement in cooperation with the other state and county agencies mentioned herein. To facilitate the enforcement of this Act, each County and Independent School System Board of Education shall have authority to employ at least one competent and qualified full-time visiting teacher, whose duty it shall be to act as attendance officer to enforce the compulsory school attendance laws of the State, and to discharge such other duties as are usually performed by, or delegated to, visiting teachers. Each County or Independent School System Board of Education shall fix the compensation of such visiting teachers, payable from the school funds of the State and/or of the County or Independent School System, and shall be authorized to prescribe the duties of such visiting teachers and make such rules and regulations for the performance thereof, not inconsistent with law and rules and regulations of the State Board of Education,

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as will promote the purposes of this Act. Under rules and regulations determined by the State Board of Education, the State Department of Education shall have authority to determine that where a County or Independent School System does not require the services of a full-time visiting teacher, then such County or Independent School System Board of Education may dispense with the services of a full-time visiting teacher and shall have authority in place thereof to employ either a part-time visiting teacher qualified in accordance with professional requirements prescribed by the State Board of Education, or join with a neighboring County or Independent School System in the joint employment of a visiting teacher. Administration and enforcement of Act. Visiting teachers. Section 5. The appointment of visiting teachers shall be made by the County or Independent School System Board of Education upon the recommendation of the County or Independent School System Superintendent; but no visiting teacher shall be so appointed unless qualified in accordance with professional requirements prescribed by the State Board of Education. Persons presently serving as truant or attendance officers in any County or Independent School System of the State on the effective date of this Act, as reflected by the payroll of the school board of the County or Independent School System in which such person or persons serve during the 1944-45 school session, shall, upon the request of the school board, be granted temporary permits to serve as acting visiting teachers; but such person or persons who do not possess the qualifications prescribed by the State Board of Education for certification as visiting teachers must continue to render satisfactory service or, within five years from the effective date of this Act, satisfy such qualifications as will justify certification by the State Board of Education, or they shall no longer be eligible to serve as acting visiting teachers, and the County or Independent School System Boards of Education shall remove them from their positions as acting visiting teachers. Appointment and qualifications of visiting teachers. Section 6. County or Independent School System

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Boards of Education may employ attendance officers in lieu of visiting teachers. Such attendance officers must be paid wholly from school funds of the County or Independent School System Boards of Education. Such attendance officers shall not be required to qualify under rules and regulations promulgated by the State Board of Education for the certification of visiting teachers. Attendance officers. Section 7. In the discharge of the duties of their office, visiting teachers, acting visiting teachers, or attendance officers, shall (1) cooperate fully with the State Department of Public Welfare, Labor, and Health, and other State Agencies; (2) make monthly and annually reports on attendance and other problems of child school adjustment in their territory to the County or Independent School System Superintendent respectively; and (3) comply with the rules and regulations of the County and Independent School System Boards of Education and the State Board of Education. Any visiting teacher or attendance officer appointed under the provisions of this Act who fails to perform the duties of this office shall, upon the recommendation of the County or Independent School System Superintendent, be removed from office by the County or Independent School System Board of Education. Duties of visiting teachers and attendance officers. Section 8. Visiting teachers employed under the provisions of this Act shall have the same status with respect to teacher retirement as is set up under the Teachers Retirement System of this State for regular classroom teachers or supervisors whose employment requires that they hold valid certificates issued by authority of the State or County Boards of Education. Attendance officers employed in lieu of visiting teachers shall not be eligible to participate in the Teachers Retirement System of the State. Retirement system status of visiting teachers and attendance officers. Section 9. Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public and private schools in the County or Independent School Systems within which they are appointed to serve. It shall be the duty of the

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principals or local school site administrators and of the teachers of all schoolspublic, private, denominational or parochialto report, in writing, to the visiting teacher or attendance officer of the County or of the Independent School System, the names, ages, and residences of all pupils in attendance at their school and classes within thirty (30) days after the beginning of the school term or terms, and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All schools shall keep daily records of attendance, verified by the teacher making such record. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any person violating any provision of this section or of the rules and regulations of the State Board of Education relating to compulsory school attendance previously published one time in the official education journal of the State shall be deemed guilty of a misdemeanor, and shall be subject to a fine not to exceed one hundred ($100) dollars. Cooperation by school officials and teachers. Penalty for violations. Section 10. Any parent, guardian, or other person residing in this State who has control or charge of a child or children and who shall violate the provisions of this Act shall be guilty of a misdemeanor and shall be subject to a fine not to exceed one hundred ($100) dollars or imprisonment not to exceed thirty (30) days, or both, at the discretion of the superior, city, or other court having jurisdiction. Each day's absence from school in violation of this Act shall constitute a separate offense. Visiting teachers and attendance officers shall have authority and it shall be their duty to file proceedings in court to enforce the provisions of this Act. Penalty for parents' violations. Authority of visiting teachers and attendance officers. Section 11. Visiting teachers and attendance officers, after written notice to parent or guardian of a child, shall report to the juvenile, superior, city, or other court having jurisdiction, any child as a delinquent who absents himself from school in violation of this Act. The judge

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of said court may place said delinquent in a home, or in a public or private institution, where school shall be provided for such child. Delinquents Section 12. Should any section, subsection, clause, sentence, phrase or part of this Act, for any reason be held, deemed, or construed to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Act, and the Legislature hereby declares that it would have passed this Act, each section, subsection, clause, sentence, phrase and part thereof, irrespective of the fact that one or more sections, subsections, clauses, sentences, phrases, or parts thereof, be declared unconstitutional or invalid. Saving clause. Section 13. All laws, or parts of laws, in conflict herewith be and the same are hereby repealed, and specifically Sections 32-2101, 32-2102, 32-2103, and 32-9906 of the laws relating to compulsory school attendance. Laws repealed. Approved March 8, 1945. LAND SCRIPT FUNDREDEMPTION AND REINVESTMENT. No. 354. An Act to provide for the redemption by the State of Georgia of bonds of the State of Georgia now held by the Regents of the University System, to provide for the reinvestment of the Land Script Fund by the Regents of the University System, to repeal in part Section I of an Act approved December 12, 1866 providing a plan for investing the Land Script Fund in State Bonds, to repeal in part Section 2 of an Act approved March 23, 1935 which provides that the Land Script Fund shall be invested in 5% State Bonds, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Governor and the State Treasurer are authorized and directed to redeem State 5% non-negotiable

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obligations in the form of bonds in the amount of $242,202.17, known as the Land Script Fund, held by the Regents of the University System under an Act approved March 23, 1935. University System's Land Script Fund bonds to be redeemed. Section 2. The Regents of the University System are authorized and requested to reinvest the Land Script Fund in safe bonds which shall yield a fair and reasonable rate of return as provided in Section 4 of an Act of Congress approved April 13, 1926 amending Section 4 of an Act of Congress approved July 2, 1862 providing for the investment by State Legislatures of the Land Script Funds. Reinvestment of Land Script Fund. Section 3. That portion of Section I of an Act approved December 12, 1866 which provides for the investment of the Land Script Fund in the bonds of this State and also that part of Section 2 of an Act approved March 23, 1935 which provides that the rate of interest shall be 5% per annum on the State obligation in which the Land Script Fund was invested by the Act approved March 23, 1935 are hereby repealed along with other laws or parts of laws in conflict herewith. Section I of Act of 1866 and part of section 2 of Act of 1935, repealed. Approved March 8, 1945. HOSPITAL AUTHORITYPENSION SYSTEM. No. 355. An Act to amend an Act entitled: An Act to create public bodies corporate and politic to be known as Hospital Authority;..... and for other purposes; approved March 27, 1941, (Georgia Laws 1941, page 241) so as to provide that any hospital authority created pursuant to the provisions of said Act shall have the right, as a necessary expense in connection with the operation of said authority, to set up a Pension System and/or System of Retirement Pay for all employees of the Hospital Authority; to provide further that employees of the Hospital Authority shall serve during good behavior and shall be removable only for

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cause, to be judged by the Board of Trustees of the Hospital Authority after hearing; and for other purposes: Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same that the Act entitled: An Act to create public bodies corporate and politic to be known as Hospital Authority;.....and for other purposes; approved March 27, 1941 (Georgia Laws 1941, page 241) be and the same is hereby amended as follows: Section 1. By adding to Section 5 thereof the following provisions, to-wit: The Authority, acting through its trustees, shall have the right and power to establish a pension system of retirement pay for all employees of said Authority and to use any funds coming to said Authority, from whatever source, for such purposes. In connection with such pension system and/or system of retirement pay, the Authority shall have the right to give consideration to the length of service of any employee of existing hospital facilities of political subdivision where such hospital facilities are acquired by purchase, lease, or otherwise, by the Authority. Hospital Authority pension system. Section 2. Be it further enacted by the Authority aforesaid that said Act be further amended by adding thereto a new section to be known as Section 5 (a), as follows: Section 5 (a). Employees of the Authority shall serve during good behavior and shall be removed only for cause, to be judged by the trustees, after hearing where requested in writing by the employees within fifteen days after date of discharge. The Board of Trustees shall have the power and authority to subpoena witnesses, compel the production of documentary evidence and to swear witnesses. Discharge of employees. Witnesses and evidence. 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 8, 1945.

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LOTTERY VEHICLES DECLARED CONTRABAND. No. 358. An Act to prohibit the use of any vehicle or conveyance for the purpose of transporting or conveying in any manner any lottery ticket, lottery book, lottery ribbon or any article or thing used to assist or in connection with keeping, maintaining, or carrying on any lottery or other scheme or device for the hazarding of money or valuable thing; to declare any vehicle or conveyance so used to be contraband; to provide for the seizure, condemnation and sale of all vehicles and conveyances when used for such purpose in violation of this Act; to provide for the distribution of funds arising from the condemnation and the sale of such vehicles and conveyances under provision of this Act; to repeal all laws and parts of law 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: Section 1. All vehicles and conveyances of every kind operated to transport or convey in any manner any lottery ticket, lottery book, lottery ribbon or any article or thing used in keeping, maintaining, or in carrying on any lottery or other scheme or device for hazarding money or thing of value, are hereby declared to be contraband and the said use of any vehicle or conveyance for said purpose is hereby prohibited. Lottery and gambling device vehicles declared contraband. Section 2. All vehicles and conveyances of every kind used in transporting or conveying in any manner any lottery ticket, lottery book, lottery ribbon or any article or thing used to assist or in connection with keeping, maintaining or carrying on any lottery scheme or device for hazarding money or valuable thing shall be seized by any Sheriff or any other arresting officer, who shall report the same, within ten days after said seizure, to the Solicitor General of the Superior Court having jurisdiction in the county where the seizure was made, whose

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duty it shall be within ten days after the time he received said notice to institute condemnation proceedings in said court by petition, a copy of which shall be served upon the owner, lessee or lien-holder of such vehicle or conveyance, if known, and if the owner, lessee or lien-holder is unknown, notice of such proceedings shall be published once a week for two weeks in the newspaper in which the Sheriff's advertisements are published. If no defense shall be filed within thirty days from the filing of the petition judgment by default shall be entered by the Court at chambers, otherwise the case shall proceed as other civil cases in said court. Should it appear upon the trial of the case that the owner, lessee, or lien-holder of such vehicles or conveyance knew, or by the exercise of ordinary care should have known that the same was so used in violation of this Act, the same shall be sold by order of the Court after such advertisement as the Court may direct. The proceeds arising from the sale shall be applied as follows: Seizure. Condemnation proceedings. Sale. (a) To the payment of the expenses in said case, including the expense incurred in the seizure and the costs of court in said proceedings. Application of proceeds of sale. (b) One-third of the remainder to the officer making the seizure of such vehicle or conveyance and furnishing the proof. Where such officers are paid a salary, the fiscal authority of the county or municipality paying such salary may require the officer making such seizure to remit the sum to the treasury of such county or municipality. (c) The remainder, if any, shall be paid into the County Treasury as county funds. Section 3. All laws and parts of law in conflict herewith are hereby repealed. Approved March 9, 1945. MINERAL LEASING COMMISSION. No. 359. An Act to create a Mineral Leasing Commission: to provide

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for the membership thereof; to authorize Mineral Leasing Commission to deal with state lands; to authorize the Commission to execute lease-hold estates and other rights usually conveyed by petroleum oil and gas leases; and to execute in the name of the State good and sufficient contracts for this purpose; to define persons, firms and corporation; 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. There is hereby created a Mineral Leasing Commission, which shall consist of The Governor, The Secretary of State, and The State Geologist, and the Attorney General of Georgia. Mineral Leasing Commission. Section 2. The Mineral Leasing Commission shall have authority to negotiate with any person, firm or corporation for contracts commonly known as petroleum oil and gas leases, and to deal with any lands or water bottoms, the legal title to which is vested by law or otherwise in the State, and in the manner and subject to the conditions hereinafter stated. Commission's authority. Section 3. The Mineral Leasing Commission shall have the authority and is empowered to grant by written contract to any person, firm, association of persons or corporation the exclusive rights to explore said lands for mineral indications, to drill and mine thereon for oil, gas, sulphur and other minerals and to produce and appropriate any and all of same therefrom; the right to use free of charge oil, gas and water from the land in conducting operations thereon and in treating to make marketable the products therefrom; the right to construct and use on said land telephone, telegraph and pipelines and facilities for the transportation and storage of minerals produced therefrom, as well as salt water; the right to construct and use such canals and roads as are necessary for lessee's operations thereunder; the right to remove from the land at any time any property placed by lessee thereon; to grant, sell or convey to said persons, firms, association of persons or corporation, lease-hold

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hold estate and all other rights usually conveyed by mineral leases and to execute in the name of the State good and sufficient leases, contracts, deeds, royalty deeds for such consideration and upon such terms and conditions as may be agreed upon between the Mineral Leasing Commission and such persons, firms, association of persons or corporation. Same. Section 4. That when any person, firm, association or corporation shall desire to lease any of such lands, application shall be made to the Commission in writing giving the description or character of the land in such application, accompanying the application with a certified check for $50.00 to be deposited with the Commission as evidence of the good faith of such application, which sum is to be returned to any applicant who should bid for and fail to secure the lease of such land as herein provided. Application to lease State lands. Section 5. That upon receipt of the application the State Geologist may cause an inspection of the land sought to be leased to be made, including such geophysical and geological surveys thereof as may be ordered by the Commission and the Commission, after receiving a report as to the nature and character and surroundings of such land may, within its discretion and having in mind what it considers to be most advantageous to the State, offer for lease all or any portion of the lands described in the application, provided that in no instance shall the lands be greater in quantity than six thousand (6,000) acres. In the event the Commission decides that it is advantageous to the State to lease said land or any portion thereof subject to the limitations heretofore provided, it shall cause to be, and there shall be, published in the official county organ of the county in which the lands are located and in the official county organ in Fulton County an advertisement once a week for two weeks, setting forth therein a description of the land proposed to be leased by the State, the time when bids therefor will be received and such other information as the Commission may deem necessary, including the royalty to be demanded, should it deem it

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to be to the interest of the State to call for bids on the basis of a royalty fixed by it. Investigations. Advertisement. Section 6. That at the date and hour mentioned in said advertisement for the consideration of bids for any such lease and leases, which bids may be submitted as to all or any particularly described portion of the land advertised, the same shall be opened in public at the office of the State Geologist, or such other place in the State Capitol as the advertisement may direct, and the Commission is hereby vested with full authority to accept the bid or offer which it considers most advantageous to the State, to execute any lease or leases so granted under such terms and conditions as the Commission may deem proper, provided that the minimum royalties to be stipulated in any such lease or leases shall be one-eighth of all the oil and gas produced and saved from said property; seventy-five cents for each long ton of sulphur produced and marketed from said property; three cents for each long ton of salt produced and marketed from said property; ten cents per ton for all potash produced and marketed from said property; and one eighth of all other minerals produced and saved from said property; provided that the Commission shall have the right to reject any and all bids or to grant a lease upon a lesser quantity of the property included in the advertisement; provided, that no such lease of less than the whole of any tract advertised for lease shall be granted in consideration of any less proportionate bonus and delay rental, if any, than the area that such lesser quantity bears to the total area of such tract originally advertised or embraced in the most favorable bid submitted therefor. Leasing of State lands. Royalties. All such land shall be accurately described in any lease. Where such leases provide rentals for delay in drilling the annual rental shall not be less than one-fourth of the amount of the cash bonus paid therefor. Description. Rental for delay. Section 7. No transfer or assignment in relation to any such lease shall be valid unless and until approved by the Commission. Assignment of lease. Section 8. The term persons, firms and corporation

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shall include any person, firm or corporation, whether domiciled in this State or elsewhere. Definitions. Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1945. GEORGIA PUBLIC SERVICE COMMISSION PROCEDURE. 93-501. No. 361. An Act to amend Section 93-501 of the Code of Georgia, relating to the procedure, pleadings and evidence before the Georgia Public Service Commission, by adding thereto a subsection providing for rehearing, reconsideration, oral argument procedure to be set up by rules and regulations by the Georgia Public Service Commission; 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 same: Section 1. That Section 93-501 is amended by adding thereto a subsection, which shall read as follows: The Public Service Commission is hereby authorized to provide by rules and regulations for rehearing, reconsideration and oral argument procedure on all orders that are entered by the Georgia Public Service Commission, whether it be under Chapters 93, 94 or 68 of the Georgia Code. Rehearings and oral argument procedure on Public Service Commission orders, authorized. Section 2. So that said Section as amended will read as follows: The Public Service Commission shall prescribe the rules of procedure and for taking of evidence in all matters that may come before it. In the investigation, preparation and hearing of cases, the Commission shall not be bound by the strict technical rules of pleading

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and evidence, but it may exercise such discretion as will facilitate its efforts to ascertain the facts bearing upon the right and justice of the matters before it. In all formal cases heard and determined, when deemed needful, the Commission shall render an opinion, setting out the issues involved in the case, and its decision, ruling and findings thereon. The Public Service Commission is hereby authorized to provide by rules and regulations for rehearing, reconsideration and oral argument procedure on all orders that are entered by the Georgia Public Service Commission, whether it be under Chapters 93, 94 or 68 of the Georgia Code. Public Service Commission procedure. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1945. INSURANCE AGAINST EXPLOSIONS, SMOKE, AIRCRAFT, VEHICLES, ETC. 56-804. No. 362. An Act to amend Section 56-804 of the Code of Georgia, 1933, whereby the Secretary of State of the State of Georgia is empowered to grant to fire insurance companies, incorporated under the laws of this State authority to cover by their policies losses ascribable to lightning, explosives, storms of every character, earthquakes, hail, frost, snow, riot and civil commotion, theft and sprinkler leakage, under the terms and conditions mentioned therein, so as to provide that said Secretary of State may also authorize said companies to cover by their policies losses ascribable to explosions from causes other than explosives, smoke, aircraft, vehicles and against loss or damage to glass and the lettering or ornamentation thereon by the accidental breakage thereof; and to make said Section applicable to mutual and cooperative or assessment fire insurance companies whether heretofore or hereafter

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after incorporated under either Title 56-2 or Title 56-14 of said Code, under the terms and conditions mentioned herein. Section 1. Be it enacted by the General Assembly of the State of Georgia, that Section 56-804 of the Code of Georgia, 1933, which empowers the Secretary of State to grant to domestic fire insurance companies authority to insure against losses caused by lightning, explosives, storms of every character, earthquake, hail, frost, snow, riot and civil commotion, theft and sprinkler leakage, be and the same is hereby amended by inserting in said Section and immediately following the words, sprinkler leakage, the following, explosions from causes other than explosives, smoke, aircraft, vehicles, and against loss or damage to glass and the lettering or ornamentation thereon by the accidental breakage thereof; and by inserting in said Section immediately following the words, of said meeting, the following, This Section shall also be applicable to mutual and cooperative or assessment fire insurance companies whether heretofore or hereafter incorporated under either Title 56-2 or Title 56-14 of this Code, and any such company desiring an amendment to its charter under this Section shall file with its petition a similar certified abstract from the minutes of the board of directors of said company showing that the application for the proposed amendment has been authorized by a two-thirds vote of its members or policy holders present or duly represented at a meeting of said members or policy holders called for the purpose as above provided, so that said Section, as amended, will read as follows: 56-804. Policies covering losses ascribable to lightning, explosives, elements of nature, riot, theft, etc., petition for added powers, fee. The Secretary of State may grant to fire insurance companies incorporated under the laws of this State, authority to cover by their policies losses ascribable to lightning, explosives, storms of every character, earthquake, hail, frost, snow, riot, and civil commotion, theft, sprinkler leakage, explosions from causes other than explosives, smoke, aircraft, vehicles,

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and against loss or damage to glass and the lettering or ornamentation thereon by the accidental breakage thereof; provided, the company desiring any one or more of the powers herein mentioned shall file in the office of the Secretary of State a petition, signed with its corporate name, stating the name and character of the corporation, the date of its charter and all amendments thereto, that it desires an amendment to its charter covering any one or more of the powers herein mentioned, and shall file with such petition a certified abstract from the minutes of the Board of Directors of the said company, showing that the application for the proposed amendment has been authorized by a two-thirds vote of the entire capital stock of the company at a meeting of the stockholders called for the purpose by resolution of said board of directors, notice of which meeting shall have been mailed to each stockholder, or, in case of death, to his legal representatives or heirs at law, and addressed to his last known residence at least 10 days previous to the day of said meeting. This section shall also be applicable to mutual and cooperative or assessment fire insurance companies whether heretofore or hereafter incorporated under either Title 56-2 or Title 56-14 of this Code, and any such company desiring an amendment to its charter under this Section shall file with its petition a similar certified abstract from the minutes of the board of directors of said company showing that the application for the proposed amendment has been authorized by a two-thirds vote of its members or policy holders present or duly represented at a meeting of said members or policy holders called for the purpose as above provided. An affidavit, made and signed in due form of law by the president or secretary, shall be attached to said petition, showing that it has been published once a week for four weeks in the newspaper in which are published the sheriff's advertisements of the county in which the principal office of said corporation is located. The said corporation shall pay to the Secretary of State a fee of $25.00 to be covered by him into the State Treasury. Policies covering losses ascribable to lightning, explosions, elements of nature, riot, theft, smoke, aircraft, vehicles, etc.

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Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 9, 1945. COMMISSIONED OFFICERS OF ARMED FORCESEX-OFFICIO NOTARIES PUBLIC. No. 364. An Act to amend an Act, approved March 20, 1943 (Georgia Laws 1943, pages 421, 422) constituting all commissioned officers in the armed forces of the United States ex-officio notaries public of the State of Georgia, and for other purposes, by adding a new Sub-section (1) to provide for the acknowledgement of instruments, the attestation of documents, the administration of oaths and affirmations, the execution of depositions and affidavits, and other notarial acts, heretofore or hereafter taken before any commissioned officers of the armed forces of the United States, and providing that such instruments and documents executed by any person who is a member of or actually present with the armed forces of the United States or is outside the United States for certain purposes, shall be legal, valid and binding; and providing for the form of the instrument or document and what proof shall be sufficient of the authority of such commissioned officer so to act; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That the Act of the General Assembly, approved March 20, 1943 (Georgia Laws 1943, pages 421, 422) which constitute all commissioned officers of all branches of the armed forces of the United States of America, ex-officio notaries public of the State of Georgia and provides for their powers, be and the same is hereby amended by adding the following Sub-section (1) at the end of Section 1 of said Act of 1943 as follows: Commissioned officers in armed forces ex-officio notaries public.

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(1). In addition to the acknowledgment of instruments and the performance of other notarial acts in the manner and form and as otherwise authorized by law, instruments may be acknowledged, documents attested, oaths and affirmations administered, depositions and affidavits executed, and other notarial acts performed, before or by any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the army or marine corps, or with the rank of ensign or higher in the navy or coast guard, or with equivalent rank in any other component part of the armed forces of the United States, by any person who either (a) is a member of the armed forces of the United States, or (b) is serving as a merchant seaman outside the limits of the United States included within the 48 states and the District of Columbia; or (c) is outside said limits by permission, assignment or direction of any department or official of the United States government, in connection with any activity pertaining to the prosecution of any war in which the United States is then engaged. Attest documents administer oaths, etc. Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions and affidavits, and performance of other notarial acts, heretofore or hereafter made or taken, are hereby declared legal, valid and binding, and instruments and documents so acknowledged, authenticated, or sworn to shall be admissible in evidence and eligible to record in this State under the same circumstances, and with the same force and effect as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit, or other notarial act, had been made or taken within this State before or by a duly qualified officer or official as otherwise provided by law. Attestations, etc., declared legal; admissible in evidence. In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate endorsed upon or attached to the instrument or documents, which shows the date of the notarial act and which states, in substance, that the person appearing before the officer acknowledged the instrument as

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his act or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes. The instrument or document shall not be rendered invalid by the failure to state the place of execution or acknowledgment. Certification when sufficient If the signature, rank, and branch of service or subdivision thereof, of any such commissioned officer appear upon such instrument or document or certificate, no further proof of the authority of such officer so to act shall be required and such action by such commissioned officer shall be prima facie evidence that the person making such oath or acknowledgment is within the purview of this Act. Signature, rank, branch of service of officer prima facie sufficient. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1945. SUPERIOR COURT JUDGES EMERITUS. No. 365. An Act to provide for the creation of the office of Judge of the Superior Courts, Emeritus; to prescribe eligibility for incumbents; to provide the terms, duties, and compensation of incumbents; to create the Superior Court Judges Retirement Fund of Georgia; to provide for Trustees thereof; to provide for payments into and disbursements from said fund; and for 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 office of Judge of the Superior Courts, Emeritus. Section 2. Any Judge of the Superior Courts of the State of Georgia, who shall have attained the age of seventy (70) years and shall have been in continuous service as a Judge of the Superior Court of this State for twenty (20) years shall be eligible for appointment to the office of Judge of the Superior Courts, Emeritus. Judges eligible for appointment to Judge of Superior Courts, Emeritus.

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Section 3. 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 resign from the office of Judge of the Superior Courts and accept appointment as Judge of the Superior Courts, Emeritus. Upon such appointment being made by the Governor, and the commission issued by the Governor, the resignation shall automatically become effective. Appointment by Governor upon written application. Section 4. A Judge of the Superior Courts, Emeritus, shall receive from the State of Georgia an annual salary equal to two-thirds (2/3) of the salary provided by law to be paid by the State of Georgia to a Judge of the Superior Court at the time of the appointment of such Judge of the Superior Courts, Emeritus. In addition to this salary a Judge of the Superior Courts, Emeritus, shall receive from the Counties of the Circuit of which he had lately been Judge a salary equal to two-thirds (2/3) of the amounts which had been paid to him as Judge by those Counties at the time of his resignation as Judge of the Superior Court and his appointment as Judge of the Superior Courts, Emeritus. Two-thirds of salary provided by law. Additional 2/3 where counties pay additional salary. Section 5. That all persons appointed as Judge of the Superior Courts, Emeritus, shall hold such office for life; provided, however, that such Judges of the Superior Courts, Emeritus, are prohibited from practicing law in the Courts of this State or any other State or Territory, and are also prohibited from practicing as attorneys, proctors, or solicitors in any Court of the United States. Judge Emeritus shall hold that office for life. Prohibited from practicing law. Section 6. Be it further enacted by the authority aforesaid that a Judge of the Superior Courts, Emeritus, shall be a member ex-officio of any Judicial Council which may be established by Law. Ex-officio member of Judicial Council. Section 7. It shall also be the duty of the Judges of the Superior Courts, Emeritus, to consult with the Justices of the Supreme Court and the Judges of 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 and in handling the administrative duties now or hereafter placed upon said Courts or the members thereof

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by law. It shall also be the duty of the Judges of the Superior Courts, Emeritus, to consult with the Attorney General and the Assistants to the Attorney General upon legal matters, when their advice and consultation are requested. He shall consult with Justices of Supreme Court and Judges of Court of Appeals, and Attorney General and assist in revision of rules. Section 8. Under this Act there is hereby created the Superior Court Judges Retirement Fund of Georgia. The Trustees of said fund shall be the Governor of Georgia, the Treasurer of the State of Georgia and the Attorney General of Georgia. All payments to this Fund shall be made to the Treasurer of said State. Retirement fund created. Section 9. All Judges of the Superior Court of the State of Georgia who qualify under this Act shall be eligible to participate in said Fund. Section 10. All Judges of the Superior Court shall be permitted to pay into said Fund the amount of five per cent of the salaries paid to said Judges by the State of Georgia and any of said Judges who makes payment to this Fund shall be eligible to retire from office as Judge Emeritus at a salary of two-thirds of the salary paid to said Judge by the State of Georgia provided he meets the following two conditions: (a) He has reached the age of seventy years and (b) he has for a continuous period of twenty years made payments to said Fund at the rate herein specified. However, all Judges who are over fifty years of age shall be eligible to retire when they have attained the age of seventy years at two-thirds the salary paid by the State to said Judges, provided said Judges shall have served for twenty continuous years and shall have made payments to said Fund at the rate herein specified until they reach the age of seventy years, said payments to commence from the effective date of this Act. 5% of salaries paid into fund by Judges. Conditions to be met. Section 11. All Judges of the Superior Courts who have attained the age of seventy years and have served twenty years continuously as a Judge of the Superior Courts shall be eligible to retire at their pleasure and shall be eligible to receive two-thirds of the salary allowed to them by the State of Georgia and any county thereof under the provisions of the law prescribing salaries

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for Superior Court Judges existing at the time of their retirement. Seventy years of age, and have served 20 years continuously. Section 12. No Judge shall be eligible for benefits under this Act unless he shall have served twenty continuous years as a Superior Court Judge and shall have attained the age of seventy years. In computing twenty continuous years, the entire year in which a Judge becomes seventy years of age shall be computed as a part of said twenty years. Computation of service. Section 13. Judges making payments to this Fund shall make their payments at such time and at such regular intervals, not exceeding six months, as may be fixed by the Trustees of said Fund. Payments to fund regularly. Section 14. Any Judge may after thirty days written notice to the Trustees of this Fund withdraw his total payments, without interest, from said Fund and his right to participate in the benefits under this Act shall cease, unless the age of such Judge be such that he could resume payments for a period of twenty continuous years. Payments withdrawn and benefits cease. Section 15. Any Judge who resigns or otherwise becomes disqualified to hold said office shall be entitled to withdraw the total amount, without interest, which he has paid to said Fund; or if any Judge dies the total amount, without interest, paid by him to said Fund shall be paid to his widow and if no widow to his personal representative. However, in the case of any Judge receiving benefits from this Fund at the time of his death has not received the total amount, without interest, paid by him to said Fund, his widow, and if there be no widow his personal representative, shall receive from said Fund the remainder of his payments to said Fund. Resignation or death of Judge, payments to fund paid to widow or representative Section 16. The State of Georgia shall pay to all Judges who are eligible for retirement under this Act the benefits herein provided without regard to the sufficiency of said Fund to pay said benefits. Section 17. The Trustees of this Fund are authorized to make such rules and regulations not inconsistent with this Act for the proper administration of this Act. Rules and regulations.

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Section 18. The Trustees of this Fund shall have authority to invest any of the monies received under this Act in any investments which are legal investments of trust funds under the laws of the State of Georgia. Investment of funds. Section 19. The State Auditor is authorized to make an annual audit of the Superior Court Judges Retirement Fund of Georgia. Audits. Section 20. All laws in conflict herewith are repealed. Approved March 9, 1945. OIL AND GAS COMMISSION. No. 366. An Act to prevent waste, foster, encourage and provide conservation of crude oil and natural gas, and products thereof, and protect the vested, co-equal or correlative rights of owners of crude oil or natural gas, as defined in this Act and in furtherance thereof, creating an Oil and Gas Commission; authorizing it to prescribe rules, regulations and orders; authorizing it to provide for the spacing of wells and to designate drilling units; providing penalties for the violation of the provisions of this Act, and of the rules, regulations and orders of the Commission; providing that the provisions of this Act are severable; repealing all 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 same: Section 1. The General Assembly having general knowledge that gas and oil leases are being entered into over a large area of the State, that oil wells are being drilled in different sections seeking the discovery of oil, and recognizing the evils that would become imminent on the discovery of oil in the State were the State without legal means of regulation, therefore, enacts this law for the protection of the public and private interests against such evils as would likely result under such circumstances. Enactment for protection of public and private interests.

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Section 2. There is hereby created the Oil and Gas Commission, composed of three members hereinafter in this Act called the Commission, to be appointed by the Governor immediately after this Act takes effect for terms of the following duration: One member for a term of two years, one member for a term of four years, and one member for a term of six years; provided that at the expiration of the term for which each of these appointments is made, each successor member shall be appointed for a term of six years, and in the event of a vacancy, the Governor shall by appointment fill such unexpired term. The Governor shall designate one of said members as Chairman of the Commission. All of the members of said Commission shall be residents and citizens of the State. Each member shall qualify by taking an oath of office, and shall hold office until his successor is appointed and qualified. The Commission shall establish an office at the county seat of some county in Georgia, which place shall be designated by resolution of the Commission, and at which the records of the Commission shall be kept. The Commission shall meet or hold hearings at such times and places as may be found by the Commission to be necessary to carry out its duties, and each member shall receive as compensation for his service the sum of $10.00 for each day he attends a meeting or hearing, and in addition thereto, all necessary traveling expenses. Oil and Gas Commission created. Terms. Chairman. Office. Compensation. Section 3. A majority of said Commission shall constitute a quorum, and two affirmative votes shall be necessary for adoption or promulgation of any rule, regulation or order. Quorum. Section 4. The Attorney General shall be attorney for the Commission provided, that in cases of emergency the Commission may call upon the Solicitor General of the Circuit where the action is to be brought or defended to represent the Commission until such time as the Attorney General may take charge of the litigation. Any member of the Commission, or the Secretary thereof, shall have power to administer oaths to any witness in any hearing, investigation or proceeding contemplated by this Act or

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by any other law of this State relating to the conservation of oil or gas. Attorney General to be attorney for Commission. Solicitor General may be called in. Section 5. The Commission may appoint one Director of Production and Conservation at a salary not to exceed $4,000.00 per annum and may at its discretion appoint such other assistants, petroleum and natural gas engineers, bookkeepers, auditors, gaugers, and stenographers, and other employees as may be necessary properly to administer and enforce the provisions of this Act. Director of Production and Conservation salary. The Director of Production and Conservation shall be ex-officio Secretary of the Commission and shall keep all minutes and records of the Commission, and in addition thereto, shall collect and remit to the State Treasurer all monies collected. He shall, as such Secretary, give bond in such sum as the Commission may direct with corporate surety to be approved by the commission, conditioned that he will well and truly account for all funds coming into his hands as such Secretary. Secretary. Bond Section 6. The Commission is hereby empowered and authorized to promulgate and set up rules and regulations to control the production of oil and gas from crude oil and natural gas where the common sources of supply are discovered after January 1, 1945. The Commission is further authorized to assess against each barrel of oil produced and saved a charge of not to exceed five (5) mills, and against each thousand cubic feet of gas produced and saved from a gas well a charge not to exceed one-half () mill on each one thousand cubic feet of gas. All monies so collected shall be paid into the State Treasury. Should charges be assessed against oil or gas any person purchasing oil or gas in this State at the well, or any person taking oil or gas from any well in this State for use or resale, is hereby authorized, empowered and required to deduct from the sum due the owner the amount of the charges due the Commission on such oil and gas and to remit the same to the Commission. Rules and regulations for control and production of oil and gas. Assessment. Section 7. There is hereby created in the State Treasury Department a special account to be known as the Oil and Gas Conservation Fund, and all monies collected

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under the provisions of this Act, when paid to the Treasurer of the State shall be deposited to the credit of such fund. The said fund is hereby made available to the Commission for the purpose of administering this Act and shall be withdrawn and used by the Commission for such purpose in the same manner as State funds are now administered under the Budget Act in force in this State. Special account in State Treasury. Section 8. Unless the context otherwise requires the words defined in this section shall have the following meaning when found in this Act: Words defined. A. Commission shall mean the Oil and Gas Commission as created by this Act. B. Person shall mean any natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind. C. Oil shall mean crude petroleum oil, and other hydro-carbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods, and which are not the result of condensation of gas after it leaves the reservoir. D. Gas shall mean all natural gas, including casing-head gas, and all other hydro-carbons not defined as oil in subsection C above. E. Pool shall mean an underground reservoir containing a common accumulation of crude petroleum oil or natural gas or both. Each zone of a general structure which is completely separated from any other zone in the structure is covered by the term pool as used herein. F. Field shall mean the general area which is underlaid or appears to be underlaid by at least one pool; and field shall include the underground reservoir or reservoirs containing crude petroleum oil or natural gas, or both. The words field and pool mean the same thing when only one underground reservoir is involved; however, field unlike pool, may relate to two or more pools.

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G. Owner shall mean the person who has the right to drill into and to produce from any pool, and to appropriate the production either for himself or for himself and another, or others. H. Producer shall mean the owner of a well or wells capable of producing oil or gas or both. I. Waste in addition to its ordinary meaning, shall mean physical waste as that term is generally understood in the oil and gas industry. It shall include: (1) The inefficient, excessive or improper use or dissipation of reservoir energy; and the locating, spacing, drilling, equipping, operating or producing of any oil or gas well or wells in a manner which results, or tends to result, in reducing the quantity of oil or gas ultimately to be recovered from any pool in this State. (2) The inefficient storing of oil; and the locating, spacing, drilling, equipping, operating or producing of any oil or gas well or wells in a manner causing, or tending to cause, unnecessary or excessive surface loss or destruction of oil or gas. (3) Abuse of the correlative rights and opportunities of each owner of oil and gas in a common reservoir due to non-uniform, disproportionate, and unratable withdrawals causing undue drainage between tracts of land. (4) Producing oil or gas in such manner as to cause unnecessary water channeling or zoning. (5) The operation of any oil well or wells with an inefficient gas-oil ratio. (6) The drowning with water of any stratum or part thereof capable of producing oil or gas. (7) Underground waste however caused and whether or not defined. (8) The creation of unnecessary fire hazards. (9) The escape into the open air, from a well producing

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both oil and gas, of gas in excess of the amount which is necessary in the efficient drilling or operation of the well. (10) The use of gas for the manufacture of carbon black. (11) Permitting gas produced from a gas well to escape into the air. J. Product means any commodity made from oil or gas, and shall include refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural gas gasoline, naphtha, distillate, gasoline, kerosene, benzine, wash oil, waste oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or by-products derived from oil or gas, and blends or mixtures of two or more liquid products or by-products derived from oil or gas, whether hereinabove enumerated or not. K. Illegal oil shall mean oil which has been produced within the State of Georgia from any well during any time that that well has produced in excess of the amount allowed by rule, regulation or order of the Commission, as distinguished from oil produced within the State of Georgia from a well not producing in excess of the amount so allowed, which is legal oil. L. Illegal gas shall mean gas which has been produced within the State of Georgia from any well during any time that that well has produced in excess of the amount allowed by any rule, regulation or order of the Commission, as distinguished from gas produced within the State of Georgia from a well not producing in excess of the amount so allowed, which is legal gas. M. Illegal product shall mean any product of oil or gas, any part of which was processed or derived, in whole or in part, from illegal oil or illegal gas or from any product thereof as distinguished from legal product, which is a product processed or derived to no extent from illegal oil or illegal gas.

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N. Tender shall mean a permit or certificate of clearance for the transportation of oil, gas or products, approved and issued or registered under the authority of the Commission. Section 9. Waste of oil or gas as defined in this Act is hereby prohibited. Waste prohibited. Section 10. The Commission shall have jurisdiction and authority of and over all persons and property necessary to administer and enforce effectively the provisions of this Act and all other acts relating to the conservation of oil and gas. Jurisdiction of commission. The Commission shall have the authority and it shall be its duty to make such inquiries as it may think proper to determine whether or not waste over which it has jurisdiction exists or is imminent. In the exercise of such power the Commission shall have the authority to collect data; to make investigations and inspections; to examine properties, leases, papers, books and records; to examine, check, test and gauge oil and gas wells, tanks, refineries and means of transportation; to hold hearings; and to provide for the keeping of records and the making of reports; and to take such action as may be reasonably necessary to enforce this Act. Inquiries as to waste. Section 11. The Commission shall have authority to make, after hearing and notice as hereinafter provided, such reasonable rules, regulations and orders as may be necessary from time to time in the proper administration and enforcement of this Act, including rules, regulations or orders for the following purposes: Rules and regulations for administration, of this Act. A. To require the drilling, casing and plugging of wells to be done in such a manner as to prevent the escape of oil or gas out of one stratum to another; to prevent the intrusion of water into an oil or gas stratum from a separate stratum; to prevent the pollution of fresh water supplies by oil, gas or salt water; and to require reasonable bond and conditioned for the performance of the duty to plug each dry or abandoned well. B. To require the making of reports showing the location

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of oil and gas wells, and the filing of logs and drilling records. C. To prevent the drowning by water of any stratum or part thereof capable of producing oil or gas in paying quantities, and to prevent the premature and irregular encroachment of water which reduces, or tends to reduce, the total ultimate recovery of oil or gas from any pool. D. To require the operation of wells with efficient gas-oil ratios, and to fix such ratios. E. To prevent blow outs, caving and seepage in the sense that conditions indicated by such terms are generally understood in the oil and gas business. F. To prevent fires. G. To identify the ownership of all oil or gas wells, producing leases, refineries, tanks, plants, structures, and all storage and transportation equipment and facilities. H. To regulate the shooting, perforating and chemical treatment of wells. I. To regulate secondary recovery methods, including the introduction of gas, air, water, or other substance into producing formations. J. To limit and prorate the production of oil or gas or both, from any pool or field for the prevention of waste as herein defined. K. To require, either generally or in or from particular areas, certificates of clearance or tenders in connection with the transportation of oil or gas. L. To regulate the spacing of wells and to establish drilling units. M. To prevent, so far as is practical, reasonably avoidable drainage from each developed unit which is not equalized by counter-drainage. Section 12. A. The Commission shall prescribe its rules or order [sic] or procedure in hearings or other proceedings before it under this Act, but in all hearings the rules of evidence as established by law shall be applied; provided,

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however, that the erroneous ruling by the Commission on the admissibility of evidence shall not of itself invalidate any rules, regulation or order. Rules of evidence. B. No rule, regulation or order, including change, renewal, or extension thereof, shall, in the absence of an emergency, be made by the Commission under the provisions of this Act except after a public hearing held at such time, place and in such manner, and upon at least seven days notice, as may be prescribed by the Commission. Any person having any interest in the subject matter of the hearing shall be entitled to be heard. Public hearings. C. In the event an emergency is found to exist by the Commission which in its judgment requires the making, changing, renewal or extension of a rule, regulation or order without first having a hearing, such emergency rule, regulation or order shall have the same validity as if a hearing with respect to the same had been held after due notice. The emergency rule, regulation or order permitted by this section shall remain in force no longer than ten days from its effective date, and, in any event, it shall expire when the rule, regulation or order made after due notice, and hearing with respect to the subject matter of such emergency rule, regulation or order becomes effective. Emergency rules. D. Should the Commission elect to give notice by personal service, such service may be made by any officer authorized to serve process or by any agent of the Commission in the same manner as is provided by law for the service of summons in civil actions in the courts of this State. Proof of the service by such agent shall be by the affidavit of the person making personal service. Notice and service. E. All rules, regulations and orders made by the Commission shall be in writing and shall be entered in full by the Director in a book to be kept for such purpose by the Commission, which book shall be a public record and be open to inspection at all times during reasonable office hours. A copy of such rule, regulation or order, certified by such Director, shall be received in evidence in all courts of this State with the same effect as the original. Rules and regulation to be in writing.

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F. Any interested person shall have the right to have the Commission call a hearing for the purpose of taking action in respect of any matter within the jurisdiction of the Commission by making a request therefor in writing. Upon the receipt of any such request the Commission shall promptly call a hearing thereon, and, after such hearing, and with all convenient speed and in any event within thirty days after the conclusion of such hearing, shall take such action with regard to the subject matter as it may deem appropriate. Section 13. A. The Commission, or any member thereof, is hereby empowered to issue subpoenas for witnesses, to require their attendance and the giving of testimony before it, and to require the production of books, papers, and records in any proceeding before the Commission as may be material upon questions lawfully before the Commission. Such subpoenas shall be served by the sheriff or any other officer authorized by law to serve process in this State. No person shall be excused from attending and testifying or from producing books, papers and records before the Commission or a court, or from obedience to the subpoena of the Commission or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; provided, that nothing herein contained shall be construed as requiring any person to produce any books, papers or records, or records, or to testify in response to any inquiry, not pertinent to some question lawfully before the Commission or Court for determination. No evidence given by, or required of, any natural person shall be used or admitted against such a person in any criminal prosecution for any transaction, matter or thing concerning which he may be required to testify or produce evidence, documentary or otherwise, before the Commission in obedience to its subpoena; provided, that no person testifying shall be exempted from prosecution and punishment for perjury committed in so testifying. Witnesses [Illegible Text]. Served by the sheriff. B. In case of failure or refusal on the part of any person to comply with any subpoena issued by the Commission

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or any member hereof, or in case of the refusal of any witness to testify or answer as to any matter regarding which he may be lawfully interrogated, any Judge of any Superior Court in this State, on application of the Commission, may in term time or vacation, issue an attachment for such person and compel him to comply with such subpoena and attend before the Commission and produce such documents, and give his testimony upon matters, as may be lawfully required, and such court shall have the power to punish for contempt as in case of disobedience of like subpoena issued by or from such court, or for refusal to testify therein. Attachment to compel witness to comply with subpoena. Section 14. For the prevention of waste and to avoid the augmenting and accumulation of risk arising from the drilling of excessive number of wells, the Commission shall, after due investigation and a hearing, have full power and authority to establish such drilling unit or units as may, in their discretion, seem most reasonable and practicable. Said Commission shall have control of the allocation of production over such units and shall, after investigation and hearing, set up, establish and allocate to each unit its just and equitable share of production, and shall make such orders, rules and regulations as will give to each producer the opportunity to use his just and equitable share of the reservoir energy of any pool. The Commission shall have power to review and approve, or disapprove, agreements made between owners or operators, or both, in the interest of conservation of oil or gas or both or for the prevention of waste, and to do such other act as will assure just and fair dealing between lessors, lessees, producers and other interested parties. Power to establish drilling units to prevent waste or excessive number of wells. Section 14-A. (a) When two or more separately owned tracts of land are embraced within an established drilling unit, the owners thereof may validly agree to integrate their interests and to develop their lands as a drilling unit. Where, however, such owners have not agreed to integrate their interests, the Commission shall, for the prevention of waste or to avoid the drilling of unnecessary wells, require such owners to do so and to develop their lands as a drilling unit. Drilling units.

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(b) When two or more separately owned tracts of land are embraced within a pool or a portion of a pool suitable for gas cycling, the owners thereof may validly agree to integrate their interest therein and develop their lands as a unit. Where, however, such owners have not agreed to so integrate their interests, the Commission may, in order to prevent waste and to avoid the drilling of unnecessary wells, after notice and upon hearing, determine the feasibility of, and require, the cycling of gas in any pool or portion of a pool productive of gas from which condensate may be separated or natural gasoline extracted, and promulgate rules to unitize separate ownership and to regulate production of gas and re-introduction of gas into productive formations, after separation of condensate or extraction of natural gasoline for such gas. Owners may integrate their interests. (c) All orders requiring such integration shall be made after notice and hearing, and shall be upon terms and conditions that are just and reasonable, and will afford to the owner of each tract the opportunity to recover or receive his just and equitable share of the oil and gas in the pool without unnecessary expense, and will prevent or minimize reasonably avoidable drainage from each integrated unit which is not equalized by counter drainage. The portion of the production allocated to the owner of each tract included in an integrated unit formed by an integration order shall, when produced, be considered as if it had been produced from such tract by a well drilled thereon. In the event such integration is required, the operator designated by the Commission to develop and operate the integrated unit shall have the right to charge to each other interested owner the actual expenditures required for such purpose not in excess of what are reasonable, including charges for supervision, and the operator shall have the right to receive the first production from any well drilled by him thereon, which otherwise would be delivered or paid to the other parties jointly interested in the drilling of the well, so that the amount due by each of them for his share of the expense of drilling, equipping and operation of the well may be paid to the operator of the well

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out of production, with the value of the production calculated at the market price in the field at the time such production is received by the operator or placed to his credit. In the event of any dispute relative to such costs, the Commission shall determine the proper costs. (d) Should the owners of separate tracts embraced within a drilling unit fail to agree upon the integration of the tracts and the drilling of a well on the unit, and should it be established that the Commission is without authority to require integration as provided for in subdivision (a) of this section, then subject to all other applicable provisions of this Act, the owner of each tract embraced within the drilling unit may drill on his tract but the allowable production from said tract shall be such proportion of the allowable for the full drilling unit as the area of such separately owned tract bears to the full drilling unit. Allowable production. (e) Agreements made in the interest of conservation of oil or gas or both, or for the prevention of waste, between and among owners or operators, or both, owning separate holdings in the same oil or gas pool, or in any area that appears from geological or other data to be underlaid by a common accumulation of oil or gas, or both, or between and among such owners or operators, or both, and royalty owners therein, of the pool or area, or any part thereof, as a unit for establishing and carrying out a plan for the cooperative development and operation thereof, when such agreements are approved by the Commission, are hereby authorized and shall not be held or construed to violate any of the statutes of this State relating to trust, monopolies, or contracts and combinations in restraint of trade. Cooperative development. Section 15. Any interested person adversely affected by any statute of this State with respect to conservation of oil or gas or both, or by any provisions of this Act, or by any rule, regulation or order made by the Commission thereunder, or by any act done or threatened thereunder, and who has exhausted his administrative remedy, may obtain court review and seek relief by a suit for injunction against the Commission as defendant or the members

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thereof by suit in the Superior Court of the county in which the property involved is located. In such trial, the burden of proof shall be upon the plaintiff, and all pertinent evidence with respect to the validity and reasonableness of the order of the Commission complained of shall be admissible. The right of review accorded by this section shall be inclusive of all other remedies, but the right of appeal shall lie as hereinafter set forth. Court review. Section 16. No temporary restraining order or injunction of any kind shall be granted against the Commission, its members, employees, or representatives restraining the enforcement of any statute of this State or any rule, regulation or order made thereunder except after three days' notice served upon some person in the principal office of said Commission of the time, place and court before which applications for such order shall be made. No injunction except after 3 days' notice to commission. Section 17. Whenever it shall appear that any person is violating, or threatening to violate, any statute of this State with respect to the conservation of oil or gas, or both, or any provision of this Act, or any rule, regulation or order made thereunder by any act done in the operation of any well producing oil or gas, or by omitting any act required to be done thereunder, the Commission, through the Attorney General, may bring suit against such person in the Superior Court in the county in which the well in question is located, to restrain such person or persons from continuing such violations or from carrying out the threat of violation. In such suit the Commission may obtain injunctions, including temporary restraining orders and temporary injunctions, as the facts may warrant, including when appropriate, an injunction restraining any person from moving or disposing of illegal oil, illegal gas or illegal product, and any or all such commodities may be ordered to be impounded or placed under the control of an agent appointed by the court if, in the judgment of the court, such action is advisable. Injunctions by commission. Section 18. Any person who, for the purpose of evading this Act, or of evading any rule, regulation, or order made thereunder, shall intentionally make or cause to be made any false entry or statement of fact in any report

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required to be made by this Act or by any rule, regulation, or order made hereunder; or who, for such purpose, shall make or cause to be made any false entry in any account, record, or memorandum kept by any person in connection with the provisions of this Act or of any rule, regulation or order made thereunder, or who, for such purpose, shall omit to make, or cause to be omitted, full, true and correct entries in such accounts, records, or memoranda, of all facts and transactions pertaining to the interest or activities in the petroleum industry of such person as may be required by the Commission under authority given in this Act or by any rule, regulation, or order made hereunder; or who, for such purpose, shall remove out of the jurisdiction of the State, or who shall mutilate, alter, or by any other means falsify, any book, record, or other paper, pertaining to the transactions regulated by this Act, or by any rule, regulation, or order made hereunder shall be deemed guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor. False entries in accounts, records, etc. misdemeanor Section 19. Any person who knowingly and wilfully violates any provision of this Act, or any rule, regulation, or order of the Commission made hereunder, shall, in the event a penalty for such violation is not otherwise provided for herein, be subject to a penalty of not to exceed One Thousand Dollars ($1,000.00) a day for each and every day of such violation, and for each and every act of violation, such penalty to be recovered in a suit in the Superior Court of the county where the defendant resides, or in the county of the residence of any defendant if there be more than one defendant, or in the Superior Court of the county where the violation took place. The place of suit shall be selected by the Commission, and such suit, by direction of the Commission, shall be instituted and conducted in the name of the Commission by the Attorney General. The payment of any penalty as provided for herein shall not have the effect of changing illegal oil into legal oil, illegal gas into legal gas, or illegal product into legal product, nor shall such payment have the effect of authorizing the sale or purchase or acquisition, or the transportation, refining, processing, or

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handling in any other way, of such illegal oil, illegal gas or illegal product, but to the contrary, penalty shall be imposed for each prohibited transaction relating to such illegal oil, illegal gas or illegal product. Violation of provisions of this Act subject to penalty not to exceed $1,000 a day where not otherwise provided for. Any person knowingly and wilfully aiding or abetting any other person in the violation of any statute of this State relating to the conservation of oil or gas, or the violation of any provision of this Act, or any rule, regulation, or order made thereunder, shall be subject to the same penalties as are prescribed herein for the violation by such other person. Section 20. (A) The sale, purchase or acquisition, or the transportation, refining, processing or handling in any other way of illegal oil, illegal gas or illegal product is hereby prohibited. Illegal oil and gas prohibited. (B) Unless and until the Commission provides for certificates of clearance or tenders or some other method, so that any person may have an opportunity to determine whether any contemplated transaction of sale, purchase or acquisition, or of handling in any other way, involves illegal oil, illegal gas or illegal product, no penalty shall be imposed for the sale, purchase or acquisition, or the transportation, refining, processing or handling in any other way of illegal oil, illegal gas or illegal product, except under circumstances hereinafter stated. Penalties shall be imposed for the commission of each transaction prohibited in this section when the person committing the same knows that illegal oil, illegal gas or illegal product is involved in such transaction, or when such person could have known or determined such fact by the exercise of reasonable diligence or from facts within his knowledge. However, regardless of lack of actual notice or knowledge, penalties as provided in this Act shall apply to any sale, purchase or acquisition, and to the transportation, refining, processing or handling in any other way, of illegal oil, illegal gas or illegal product, where administrative provision is made for identifying the character of the commodity as to its legality. It shall likewise be a violation for which penalties shall be imposed for any person to sell, purchase or acquire,

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or to transport, refine, process or handle in any other way any oil, gas or any product without complying with any rule, regulation or order of the Commission relating thereto. Section 21. Apart from, and in addition to, any other remedy or procedure which may be available to the Commission, or any penalty which may be sought against or imposed upon any person with respect to violations relating to illegal oil, illegal gas, or illegal product, all illegal oil, illegal gas and illegal product shall, except under such circumstances as are stated herein, be contraband and shall be seized and sold, and the proceeds applied as herein provided. Such sale shall not take place unless the court shall find, in the proceeding provided for in this paragraph, that the commodity involved is contraband. Whenever the Commission believes that illegal oil, illegal gas or illegal product is subject to seizure and sale, as provided herein, it shall, through the Attorney General, bring a civil action in rem for that purpose in the Superior Court of the county where the commodity is found, or the action may be maintained in connection with any suit or cross-action for injunction or for penalty relating to any prohibited transaction involving such illegal oil, illegal gas or illegal product. Any interested person who may show himself to be adversely affected by any such seizure and sale shall have the right to intervene in such suit to protect his rights. Illegal out and gas declared contraband Section 22. The action referred to in Section 21 shall be strictly in rem and shall proceed in the name of the State against the illegal oil, illegal gas or illegal product seized or sought to be condemned as contraband. Upon the filing of the complaint the judge of the court wherein filed shall issue a show cause order requiring any and all interested parties to show cause within thirty days why such illegal oil, illegal gas, or illegal product, as defined in this Act, and mentioned in the complaint should not be decreed to be contraband and ordered sold. The show cause order shall be served by the sheriff upon any person known to be interested therein, and by publishing a certified copy of the order in the official newspaper of the county wherein legal notices are published for once

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a week for two weeks. After thirty days from the date of the order, where defense or claim is filed, or where no defense or claim is filed, the judge of said court shall proceed to hear evidence and to determine the truth of the complaint. Should the oil, gas, or product be found to be illegal within the sense of this Act, the same shall be decreed to be contraband and ordered sold under such terms as the judge, in his order may direct. The judge may order same sold in bulk, in lots or parcels or under such other regulations as may be deemed to be proper. No illegal oil, gas, or product shall be sold for less than the average market value at the time of the sale of similar products of like grade and character. When complaint is presented the judge may order such alleged illegal oil, gas, or product held by the sheriff, a conservator, or agent or employee of the Commission. When held or sold by a sheriff or conservator the court shall provide by order for the payment of a reasonable remuneration for services rendered by such officer. Nothing in this section shall deny or abridge any cause of action of a royalty owner, or lien holder, or other claimant, may have because of the forfeiture of the illegal oil, illegal gas, or illegal product, against the person whose act resulted in such forfeiture. Funds arising from the sale of illegal oil, gas, or products, after payment of all cost and expenses approved by order of the court shall be paid to the Treasurer of the State for credit to the Conservation Fund provided for by this Act. Actions in rem to proceed in the name of the State Illegal out and gas shall not be sold for less than market value. Section 23. Before any well, in search of oil or gas shall be drilled, the person desiring to drill the same shall notify the Commission under such form as it may prescribe and shall pay a fee of Twenty-five Dollars ($25.00) for each well. The drilling of any well is hereby prohibited until such notice is given and such fee has been paid and permit granted. Fee of $25.00 for each well drilled. Each abandoned well and each dry hole promptly shall be plugged in the manner and within the time required by regulations to be prescribed by the Commission, and the owner of such well shall give notice, upon such form as the Commission may prescribe, of the drilling of each dry hole and of the owner's intention to abandon.

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No well shall be abandoned until such notice has been given provided, however, that the drilling of shotholes and core-holes for geophysical and geological explorations shall not be considered to be the drilling of a well within the meaning of this Act. Abandoned wells plugged. Section 24. (A) After permit to drill a well has been granted, the owner, operator, contractor, driller or other person responsible for the conduct of the drilling operations shall furnish the Commission a surety bond in the amount of Two Thousand ($2,000.00) Dollars to insure the faithful performance of the requirements of this Act with respect to the filing of reports required thereunder within a period of three (3) years from its date. If during said three (3) year period the operations of the person furnishing said bond in the drilling of wells shall be so extensive that in the discretion of the Commission the amount of said bond is not sufficient to insure prompt filing of the reports, it may require an increase of said bond in an amount not exceeding Five Thousand ($5,000.00) Dollars to cover all of said operations and said responsible person shall also file a report describing progressively the strata, water, oil, and other minerals encountered in drilling the well with such other and additional information as to gas volumes, pressures, rate of fill-up, water depths, caving strata, casing records and such other information as is usually recorded in the normal procedure of drilling. It shall be the duty of the Director of Petroleum and Conservation, as Secretary of the Commission, to furnish all such information to the Department of Mines and Geology of the State, and to cooperate with such division of the State, in assemblying and supplying information, and in the conservation of any other mineral resources discovered through drilling wells for oil and gas. Surety bond by owner as driller. When bond increased. (B) Within six months after the completion of a well, the complete record, duly signed and sworn to before a notary public, including logs, electrical logs, and drilling records, and the lodgment in the office of the State Geologist of a typical set of drill cuttings or cores, if cores are taken, shall be filed in triplicate with the State Geologist on form to be prescribed by the Commission.

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This record shall include the name, number and location of the well; name and address of the well owner and drilling contractor; drilling dates; elevation of derrick above mean sea level; depth and thickness of oil or gas sands and important water, sands; a full casing record; mudding and cementing record; shooting and treating record; results of drill stem and other tests; records of deviation surveys; a complete electrical log, if such was taken. It shall include also a complete formational log which shall specify the formations yielding water, the rate of water inflow, and the elevations to which water rose in the hole; it shall also give in detail the formations passed through, their depth and thicknesses; it shall also give data regarding upper oil and gas shows, and any additional pertinent information, including a drilling time log. Record of drilling filed in office of State Geologist. (C) Within six months after the completion or abandonment of a well a complete set of cuttings or cores, if cores have been taken, correctly labeled and identified as to depth, shall be filed with the State Geologist. Cuttings or cores filed. (D) If the reports, cuttings and cores herein required, shall be furnished to the Commission and the State Geologist before the expiration of the six (6) months' period, they shall in all respects be confidential and shall not be subject to examination in whole or in part by any member of the public, nor shall any information contained therein be made public by the Commission or any employee or member thereof, or by the State Geologist, or any other person until within six (6) months after the report shall have been filed or the well abandoned, if the owner or operator or other person furnishing said report or drill cutting or cores shall so request in writing. Confidential data. Section 25. In order to protect further the natural gas fields and oil fields in this State, it is hereby declared to be unlawful for any person to permit negligently any gas or oil well to go wild or to get out of control. The owner of any such well shall, after twenty-four (24) hours' written notice by the Commission given to him or to the person in possession of such well, make reasonable efforts to control such well. Unlawful to let well get out of control.

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In the event of the failure of the owner of such well within twenty-four (24) hours after service of the notice above provided for, to control the same, if such can be done within the period, or to begin in good faith upon service of such notice, operations to control such well, or upon failure to prosecute diligently such operations, then the Commission shall have the right to take charge of the work of controlling such well, and it shall have the right to proceed, through its own agents or by contract with a responsible contractor to control the well or otherwise to prevent the escape or loss of gas or oil from such well, all at the reasonable expense of the owner of the well. In order to secure to the Commission the payment of the reasonable cost and expense of controlling or plugging such well, the Commission shall retain the possession of the same and shall be entitled to receive and retain the rents, revenues and incomes therefrom until the costs and expenses incurred by the Commission shall be repaid. the Commission shall restore possession of such well to the owner; provided, that in the event the income received by the Commission shall not be sufficient to reimburse the Commission as provided for in this Section, the Commission shall have a lien or privilege upon all of the property of the owner of such well, except such as exempt by law, and the Commission shall proceed to enforce such lien or privilege by suit brought in any court of competent jurisdiction, the same as any other like civil action, and the judgment so obtained shall be executed in the same manner now provided by law for execution of judgments. Any excess over the amount due the Commission which the property seized and sold may bring, after payment of court costs shall be paid over to the owner of such well. Commission to take charge of wild well. Cost and expense of controlling wild well. Section 26. If any part or parts of this Act be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining portion of this Act. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared unconstitutional. Invalid part.

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Section 27. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1945. ELECTION PRECINCTS. 34-1301. No. 367. An Act to amend Code Section 34-1301 providing for election precincts in general elections, by adding two new sentences before the last sentence of said section, providing that a person living in a city divided by a militia district line may vote in the adjoining militia district located in said city; to repeal conflicting laws; and for other purposes. To be enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Code Section 34-1301, which reads as follows: Election precincts.Elections for members of the General Assembly shall be held at the courthouse of the respective counties, and if no courthouse, at some place within the limits of the county site and at the several election precincts thereof, if any, established or to be established. Said precincts must not exceed one in each militia district, except in militia districts lying in whole or in part in incorporated cities, towns and villages, in which militia districts as many precincts may be established as may be necessary and convenient for holding of such elections. Such precincts shall be established, changed, or abolished by the ordinaries at regular terms of their courts, descriptions of which precincts must be entered on the minutes at the time, 34-1301 amended. is amended by adding before the last sentence thereof the following: In the event that an incorporated city, town or municipality is divided by a Militia District line, and

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there are no wards, then a person residing within the incorporate limits of such city, town or municipality may vote in another Militia District election precinct located in said incorporated city, town or municipality upon taking the following oath: `I swear that I have not nor will I vote elsewhere in this election.' The registrars will furnish the election managers in such an incorporated city, town or municipality with a list of the registered voters in each of the Militia Districts that divide the incorporated city, town or municipality. City or town divided by Militia District line. so that said Code Section, as amended, will read as follows: 34-1301. Election precincts.Elections for members of the General Assembly shall be held at the courthouse of the respective counties, and if no courthouse, at some place within the limits of the county site and at the several election precincts thereof, if any, established or to be established. Said precincts must not exceed one in each militia district, except in militia districts lying in whole or in part in incorporated cities, towns and villages, in which militia districts as many precincts may be established as may be necessary and convenient for the holding of such elections. In the event that an incorporated city, town or municipality is divided by a Militia District line, and there are no wards, then a person residing within the incorporate limits of such city, town or municipality may vote in another Militia District election precinct located in said incorporated city, town or municipality upon taking the following oath: `I swear that I have not nor will I vote elsewhere in this election.' The registrars will furnish the election managers in such an incorporated city, town or municipality with a list of the registered voters in each of the Militia Districts that divide the incorporated city, town or municipality. Such precincts shall be established, changed, or abolished by the ordinaries at regular terms of their courts, descriptions of which precincts must be entered on the minutes at the time. Elections held at courthouse. One percent in each Militia District. Where city or town divided by Militia District may vote in another Militia District. Oath.

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Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1945. LIMITATION OF NOTICE FROM RECORD OF MORTGAGES, ETC., ON PERSONALITY. No. 369. An Act to further amend an Act approved March 31, 1937, appearing on pages 760 and 761, Georgia laws, 1937, 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, so as to restrict such seven year limitation to instruments covering personal property only, and for 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, and as amended by an Act approved February 22, 1943, as appears in the Georgia Laws of 1943, pp. 540 and 541, be further amended by striking the comma after the word property in the fifth line of Section 1 and adding the word only followed by a comma between the word property and the word shall in the fifth line of Section 1, so that said Section 1, when so amended, will read as follows: Acts amended. Section 1. That the notice given to third persons by

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the filing for record of any mortgage, bill of sale to secure debt, retention of title contract or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property only, shall expire at the end of seven years from the date of the filing thereof for record. Notice by filing for record of any mortgage etc., on personalty shall expire in 7 years. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1945. DEPARTMENT OF FORESTRYEXPENDITURE OF FEDERAL FUNDS. No. 370 An Act to amend an Act approved March 5, 1937, (Georgia Laws 1937, pp. 264-280) entitled an Act to create a Department of Natural Resources, and four (4) subdivisions thereof; to provide for the control and management of said department and the subdivisions thereof; to define the jurisdiction of said department; to provide for the establishment of regulations thereunder; to abolish the Department of Forestry and Geological Development, the Commission of Forestry and Geological Development and the Commissioner of Game and Fish; to provide for the appointment of a Commissioner of Natural Resources; and directors of the four (4) subdivisions said department; to provide the necessary personnel and regulations for putting into operation said department and subdivisions; by striking from Section 9 of said Act as the same appears on page 270, the last sentence of said section, and substituting in lieu thereof, a new sentence to provide that the Department of Forestry of the Division of Conversation, shall be the designated agency to expend all Federal-aid funds available under the Clarke-McNary Act of Congress for fire prevention, and all Norris Doxey funds for Farm Forestry or Forest Farming and Nursery work, and all other Federal funds now in existence for the purpose of assisting

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private timber landowners in Georgia; to enter into cooperative agreements and leases under the Fulmer Acts; and to provide that all such funds be expended through regular State Budget Bureau channels; 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 line three (3) of Section 9 on page 270, the last sentence of said Section of an Act approved March 5, 1937, be and the same is hereby stricken from said Act, and a new sentence substituted in lieu thereof, to read as follows: Act 1937 amended. The Department shall be the designated agency to expend through the department all Federal aid funds available under the Clark-McNary law for fire prevention and nursery work, and all Norris Doxey funds for Farm Forestry or Forest Farming and Nursery work, and all other Federal funds now in existence or to be created for the purpose of assisting private timber landowners in Georgia in the planting, management and protection of their forest and in marketing of their forest products, and to enter into cooperative agreements and leases under the Fulmer Acts, and further that all such funds be expended through regular State Budget Bureau Channels. Added part. So that said Section when amended shall read as follows: Section 9. 1. Division of Forestry. The Department of Forestry and Geological Development, established by Section 19, of Article 4, of the Reorganization Act approved August 28, 1931, is hereby abolished. The Commission of Forestry and Geological Development created by Section 20, Article 4, of the Reorganization Act approved August 28, 1931, is hereby abolished; and all the powers, duties, and functions of the State Board of Forestry, established by virtue of the Act approved August 14, 1925 (Acts of 1925, page 199), and by Section 21 of the Reorganization Act approved August 28, 1931, page 13, transferred to the Department of Forestry and Geological Development, are hereby transferred to and vested in the Division of Forestry of the Department of Natural Resources, hereby created. The Division of

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Forestry shall be under the control and management of a director and the Commissioner of Natural Resources. The Director of Forestry shall be a graduate in forestry of the University of Georgia or a recognized school of forestry, and who in addition shall have had at least four years executive and administrative experience in forestry work. The Director of Forestry shall act as executive and administrative head of the Division of Forestry, shall carry out the policies of the Commissioner, and appoint such members of the technical and clerical staff as may be found necessary to enable him to carry out the work of the division, provided that appointees to the position of Assistant Director and District Forester must have had the same educational qualifications as required of the Director of Forestry. All of such appointments to be made subject to the approval of the Commissioner. Said Division of Forestry shall have the right to acquire, in the name of the State, by purchase, lease, agreement, or condemnation, such land within the State as may be deemed necessary and proper. It shall be the duty of the Director of the Division of Forestry to make a full report to the Commissioner of Natural Resources and he, in turn, to deliver said report to each session of the General Assembly, and to make such recommendations therein as it may be deemed advisable. The Division of Forestry is authorized to receive gifts or donations made to the division and to expend the same under the terms of such gifts or donations. The division shall have the power to do special research work in wood pulp, and cellulose within the State, as funds may become available. The Department of Forestry, Division of Conservation, shall be the designated agency to expend through the department all Federal aid funds available under the Clarke-McNary law for fire prevention and nursery work, and all Norris Doxey funds for Farm Forestry or Forest Farming and Nursery work, and all other Federal funds now in existence or to be created for the purpose of assisting private timber landowners in Georgia in the planting, management and protection of their forests, and in the marketing of their forest products, and to enter into cooperative agreements and leases under the

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Fulmer Acts, and further that all such funds be expended through regular State Budget Bureau channels. To read as amended. Departments abolished. Division of Forestry created. Director of Forestry. Right to acquire lands in name of State. Reports. Authorized to receive gifts and donations. Agency to expend Federal Aid funds. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945. RESERVE FUNDS OF COUNTIES AND MUNICIPALITIES. No. 371. An Act to authorize the several counties and municipalities to establish reserve funds and to define the conditions under which monies raised by taxation may be transferred thereto and removed therefrom; to provide that the existence of such reserve fund shall not curtail or limit the right of such county or municipality to levy taxes; and for other purposes. Be it enacted by the General Assembly of Georgia and there is hereby enacted by authority of the same: Section 1. Whenever the fiscal authority of any county or municipality shall determine that because of unusual conditions, it is impractical to expend the funds raised by taxation for the purposes for which they were levied and that it is for the best interest of the county and its citizens and taxpayers that the public work be postponed until more advantageous conditions prevail, it shall be lawful for such authority to order so much of such funds as it deems proper transferred to a fund to be known as the reserve fund of such county or municipality. Such fund may be deposited in the manner now provided by law or may be invested in obligations of the United States of America. Reserve fund of counties and municipalities. Deposit or investment. Section 2. It shall further be within the power and discretion of such fiscal authorities to transfer to such reserve fund any accumulated overage in their general fund from time to time. Transfers from general fund to reserve fund. Section 3. Such reserve fund shall be held until the fiscal authority shall determine that it is practical and advantageous to undertake public work needed in the

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said county or municipality, and thereupon it may order funds transferred from such reserve fund to any of the several funds or to the general fund of the said county or municipality; provided nevertheless that before any such transfer from the reserve fund shall be made such fiscal authority shall give notice of its intention to make such transfer and the purpose for which the transferred fund is to be expended by publication in its official organ in one issue not less than ten days prior to the meeting of the fiscal authority at which the transfer is to be made. Holding and expending of reserve fund. Section 4. Such reserve fund shall not prevent tax levies being made by such fiscal authority for the several purposes authorized by law in such rates as are necessary for the current or anticipated needs of the county or municipality to the same extent that they could lawfully do if no such fund was in existence. Tax rates not affected. Section 5. When any such reserve fund is established it shall be the duty of the fiscal authority of the county or municipality to expend the same for needed public work and improvements as rapidly as they deem practical. Expenditure of reserve fund. Section 6. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 9, 1945. PURCHASE OF FEDERAL PROPERTY BY THE STATE OR SUBDIVISIONS. No. 372. An Act to authorize and empower the State of Georgia, its counties, municipalities, and other sub-divisions of the State to contract with the United States of America or any proper agency or Department thereof, or any proper agency, board, or Department of the State of Georgia, for the purchase, lease, or other acquisition of any equipment, supplies, material, or other property, real and personal; to provide the method and manner of

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making such contracts; to provide that the governing body or executive authority of the State of Georgia or of any Department, division, bureau, commission, board, or other authority or agency or political sub-division of the State may authorize and designate any office holder or employee to enter bids in its behalf at any sale of such equipment, supplies, materials, or other property owned by the United States of America or any agency thereof, which by law the State or any Department or sub-division thereof is authorized to purchase; to provide for the payment of said purchase price; to provide for the suspension of any laws, charters, ordinances, resolutions, by-laws, rules, or regulations which are inconsistent with the provisions of this Act; to provide that the provisions of this Act shall apply only to contracts made with the United States by the State or any county, city, town, or municipality or other sub-division of said State under proper authority, or to any such contracts made with the State by any of its above mentioned sub-divisions; to provide that any provisions of this Act shall not be construed to repeal, alter, amend, change, or modify in any manner whatsoever any present or existing general, local, or special law as to the method of procedure or requirements now provided for the making of any contract by any of the above stated authorities other than the kind of contracts set forth in this Act; to repeal any and all laws conflicting with any of the provisions of this Act respecting the making of such contracts 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 State of Georgia or any Department, division, bureau, commission, board, authority, agency, counties, cities, or other municipalities or other political sub-divisions of the State of Georgia may enter into and make any contract with the United States of America or with any Department or agency thereof for the purchase, lease, or other acquisition of any equipment, supplies, material, or other

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property, both real and personal; for any county, city, or other municipality or other sub-division of the State to contract with the State of Georgia or any Department or agency thereof for the purchase, lease, or other acquisition of any such equipment, supplies, materials, or other property, both real and personal, without: Acquisition by State, departments, political subdivisions etc., of Federal property. 1. Being required to post notices, or public advertising for bids or expenditures. 2. The inviting or receiving of competitive bids. 3. Or the delivery of purchases before payment. Section 2. Be it further enacted by the authority aforesaid, that the governing body or executive authority of any Department, division, bureau, commission, board, authority, agency, county, city, municipality, or other political subdivision of the State may designate by appropriate resolution or order any office holder or employee of its own to enter a bid or bids in its behalf at any sale of any equipment, supplies, material, or other property, both real and personal, owned by the United States of America or any agency thereof which such above mentioned governing body or executive authority of any such Department, division, bureau, commission, board, authority, agency, county, city, municipality, or other political sub-division of the State is authorized by law to purchase any of the property above set forth, and any Department, agency of the State or any county, city, municipality, or other sub-division thereof of said State may authorize said person to make any down payment or payment in full required in connection with such bidding and such sale. Bid, purchase, and payment. Section 3. Be it further enacted by the authority aforesaid that the provisions of this Act will apply only to contracts made with the United States by the State or any county, city, town, or municipality or other political sub-division of said State under proper authority, or to any contracts made with the State by any of its above named sub-divisions. Contracts to which this Act applies. Section 4. Be it further enacted by the authority aforesaid that any provisions set forth in this Act shall not

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be construed to repeal, alter, amend, change, or modify in any manner whatsoever any present or existing general, local, or special law as to the method of procedure or requirements now provided for the making of any contract by any of the above stated authorities other than the kind of contracts set forth in this Act. Effect on existing laws. Section 5. Be it further enacted by the authority aforesaid that any provisions of the law, charter, ordinance, resolution, by-law, rule, or regulation which are inconsistent with the provisions of this Act be and the same are hereby suspended to the extent that such provisions are inconsistent with the provisions of this Act. Conflicting laws suspended. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act respecting the purchase of such property from the United States Government or any Department or agency thereof, or the purchase by any political sub-division of the State from the State or any agency or Department thereof be and the same are hereby repealed. Repealing clause. Approved March 9, 1945. SCHOOLS; FREE TUITION; SEPARATION OF RACES; WAR VETERANS. 32-937. No. 374. An Act to amend Section 32-937 of the Georgia Code of 1933 relating to free tuition, age limits for children entering the common schools, etc., by striking the said Section in its entirety and inserting in lieu thereof a new Section relating to tuition; ages of children attending the common schools; separation of races; and admission of veterans of World War II to the schools of this State, regardless of age; 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. Section 32-937 of the Georgia Code of 1933 be and the same is hereby stricken in its entirety. Section 2. A new Section 32-937 of the Georgia Code of 1933 is provided in lieu of the old Section to read as follows: Section 32-937. Free tuition; colored and white children separate; admission of World War Veterans.Admission to all common schools shall be gratuitous to all children between the ages of six (6) and eighteen (18) years residing in the districts in which the schools are located. Colored and white children shall not attend the same schools; and no teacher receiving or teaching white and colored pupils in the same schools shall be allowed any compensation out of the common school fund. Honorably discharged veterans of World War II may attend the common schools of this State, regardless of age, under rules and regulations promulgated by the State Board of Education. The State Board of Education is authorized to require the payment of fees for tuition or to provide the facilities free of charge if, in its judgment, it is most conducive to the welfare of the State and the veterans desiring to attend the common schools of this State. Free schools for children 6 to 18. Separation of races. World War II veterans. Tuition from veterans authorized. Section 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 9, 1945. SURVIVAL OF POWER OF ATTORNEY. 4-214. No. 375. An Act to amend Code Section 4-214 as amended by an Act of the General Assembly of 1943; to repeal Paragraph 3 of said section; to substitute another Paragraph 3, providing for powers of attorney granted by persons serving in the armed forces of the United States, and others; to provide that said powers of attorney shall not be revoked by death of the principal

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where the agent acts in good faith without actual knowledge or actual notice of said death; to provide what shall not constitute notice or operate to revoke agency; 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 4-214 of the Code of Georgia of 1933 be amended as follows: Code, 4-214, amended. (a) That paragraph 3 of said code section as enacted by the General Assembly of Georgia (approved March 20, 1943, Georgia Laws 1943, pages 354, 355) providing for a power of attorney executed by a member of the armed forces of the United States of America, be and the same is hereby repealed. (b) That a new Paragraph 3 shall be substituted, which Paragraph 3 shall read as follows: 3. No agency created by a power of attorney in writing given by a principal who is at the time of execution, or who, after executing such power of attorney, becomes, either (a) a member of the armed forces of the United States, or Circumstances under which principal's death does not revoke power of attorney. (b) a person serving as a merchant seaman outside the limits of the United States, included within the 48 States and the District of Columbia; or (c) a person outside said limits by permission, assignment or direction of any department or official of the United States government, in connection with any activity pertaining to or connected with the prosecution of any war in which the United States is then engaged, shall be revoked or terminated by the death of the principal, as to the agent or other person who, without actual knowledge or actual notice of the death of the principal, shall have acted or shall act, in good faith, under or in reliance upon such power of attorney or agency, and any action so taken, unless otherwise invalid or unenforceable, shall be binding on the heirs, devisees, legatees, or personal representatives of the principal.

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(1) An affidavit, executed by the attorney-in-fact or agent setting forth that he has not or had not, at the time of doing any act pursuant to the power of attorney, received actual knowledge or actual notice of the revocation or termination of the power of attorney, by death or otherwise, or notice of any facts indicating the same, shall, in the absence of fraud, be conclusive proof of the nonrevocation or nontermination of the power at such time. If the exercise or the power requires execution and delivery of any instrument which is recordable under the laws of this State, such affidavit, when authenticated for record in the manner prescribed by law, shall likewise be recordable. Attorney's-in-fact affidavit of ignorance of principal's death, as evidence. Record of affidavit. (2) No report or listing, either official or otherwise, of `missing' or `missing in action' as such words are used in military parlance, shall constitute or be interpreted as constituting actual knowledge or actual notice of the death of such principal or notice of any facts indicating the same, or shall operate to revoke the agency. Reports of missing, etc., as notice of principal's death. (3) This act shall not be construed so as to alter or affect any provisions for revocation or termination contained in such power of attorney. Effect of Act upon revocation provision in power of attorney. (4) If any provision of this act or the application thereof to any person or circumstance be held invalid, such invalidity shall not affect any other provision or application 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. Saving clause. (5) An emergency exists and this act shall take effect immediately upon its passage and approval, Effective date. and shall apply to such powers of attorney executed prior to the passage of this Act. Provided that it shall be made to appear by proof that the person or persons, firm or corporation, receiving any property by reason of the exercise of the power shall have paid value for said property and make bond for title to purchaser of the property without notice of the death of the principal;

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provided further that this act shall not apply to any last will and testament of the principal unless the power of disposal is in compliance with last will of the principal. Application of this Act. 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, 1945. PROBATE OF WILLS WHEN WITNESSES ARE UNAVAILABLE. Ch. 113-6. No. 376. An Act to amend Chapter 113-6 of the Code of Georgia of 1933, relating to the probate and establishment of wills, by adding a new code section providing for the proof of wills where subscribing witnesses are unavailable by reason of services in the armed forces of the United States; 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 Chapter 113-6 of the Code of Georgia, which provides for the probate and establishment of wills, be and the same is hereby amended by the addition of another code section to be appropriately numbered, which code section shall read as follows: When it appears to the court that a will cannot be proven as otherwise provided by law because one or more or all of the subscribing witnesses to the will, at the time the will is offered for probate, are serving in or present with the armed forces of the United States or as merchant seaman, or are dead or mentally or physically incapable of testifying or otherwise unavailable, in the course of such service, the court may admit the will to probate upon the testimony in person or by deposition of at least two credible disinterested witnesses that the signature to the will is in the handwriting

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of the person whose will it purports to be, or upon other sufficient proof of such handwriting. The foregoing provision shall not preclude the court, in its discretion, from requiring in addition, the testimony in person or by deposition of any available subscribing witness, or proof of such other pertinent facts and circumstances as the court may deem necessary to admit the will to probate. Probate of will when subscribing witnesses are unavailable. 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, 1945. SECRETARY OF STATEBOOK OF COMMISSIONS. 40-208. Ch. 40-6. No. 377. An Act to amend Paragraph 5 of Section 40-208 of the Code of Georgia of 1933, relating to the records to be kept in the Governor's office, by repealing said paragraph; and amending Chapter 40-6 of said Code, relating to the duties and powers of the Secretary of State by adding a new Section to said Chapter, to be known as Section 40-601a, providing that the Secretary of State shall keep a book of commissions showing the dates when issued, for all officers, civil and military; and for 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 Paragraph 5 of Section 40-208 of the Code of Georgia of 1933, relating to the records to be kept in the Governor's office, be, and the same is hereby repealed. Code, 40-208, repealed. Section 2. That 40-6 of said Code, relating to the duties and powers of the Secretary of State, be, and the same is hereby amended by adding a new Section to said Chapter, to be known as Section 40-601a, to read as follows:

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Section 40-601a. The Secretary of State shall keep a book of commissions showing the dates when issued, for all officers, civil and military. Secretary's of State book of commissions. Section 3. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 9, 1945. BANKING DEPARTMENTSALARIES. 13-312. No. 378. An Act to amend the Banking Laws of the State of Georgia as codified in Title 13 of the Code of Georgia of 1933, and particularly Section 13-312, known as Section 12 of Article 2 of the Banking Act as amended, which relates to the salaries of Assistant Superintendent, Examiners and clerks of the Department of Banking. Section 1. Section 12 of Article 2 of the Banking Laws as codified in Section 13-312 is hereby amended so that Section 12 when amended will read as follows: Section 12 (13-312). Salaries of Assistant Superintendent, Examiners and Clerks. The Assistant Superintendent shall be paid a salary of $4200.00 per annum. Each of the examiners shall be paid a salary of not exceeding $3600.00 per annum. The salaries of the clerks and office assistants shall be fixed by the Superintendent of Banks. Banking Department salaries. 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 9, 1945.

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GAME AND FISH COMMISSION ACT AMENDED. No. 379. An Act to amend an Act approved February 8, 1943 (Acts 1943, pp. 128-134) entitled 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 by striking from said lines 11, 12, 13, 14 and 15 of Section 7 of said Act the following language: 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; and by inserting in lieu thereof the following language: and shall have such power and shall perform such duties as may be assigned to and required of him by the Commission; and to provide how said Section shall read when so amended; by striking from the 1st line of Section 8 the following words: Director, with the approval of the; and by striking from line 2 the comma (,) which follows the word Commission and providing how said Section shall read when so amended; by striking from the 1st line of Section 9 the word Director and substituting in lieu thereof the word Commission; and by striking from line 6 the word Director wherever it appears in said line and inserting in lieu thereof the word Commission and providing how said Section shall read when so amended; by striking from line 1 of Section 12 of said Act the following words: Director, with the approval of the and by striking from line 2 of Section 12 the comma (,) where the same appears after the word Commission and by striking from line 8 the word Director and inserting in lieu thereof the word Commission, and by striking from line 10 of Section

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12 the word him and inserting in lieu thereof the words the Chairman of the Commission and providing how said Section when so amended shall read; by striking from line 1 of Section 13 of said Act the following words: Director, with the approval of the and by striking from line 2 of said Section the comma (,) where same appears after the word Commission and to provide how said Section shall read when so amended; and by striking from lines 7 and 8 of Section 15 the following words: Director, with the approval of the and by striking from line 8 the comma (,) where the same appears after the word Commission and by providing how the same shall read when so amended; by striking from lines 2 and 3 of Section 20 the following words: Director, with the approval of the and by striking the comma (,) where the same appears in line 3 following the word Commission and providing how said Section shall read when so amended; by adding to said Act a new Section to be known as Section 20A and to provide in said Section for the purchase by the State Game and Fish Commission of uniforms for the Wild Life Rangers employed by the Commission; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That an Act approved February 8, 1943 (Acts 1943, pp. 128-134) entitled 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; be and the same is hereby amended by striking from lines 11, 12, 13, 14 and 15 of Section 7 of said Act the following language: 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

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where the approval of the Commission is specifically required; and by inserting in lieu thereof the following language: and shall have such power and shall perform such duties as may be assigned to and required of him by the Commission; so that said Section 7 of said Act when so amended shall read as follows: Act 1943 amended. 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 shall have such power and shall perform such duties as may be assigned to and required of him by the Commission. 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. Section [Illegible Text] to read as amended. A Director appointed. Powers and duties. Salary. Oath and bond. No commissioner eligible as Director. Section 2. That an Act approved February 8, 1943, (Acts 1943, pp. 128-134) entitled an Act to abolish the Division of Wild Life, the Department 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; be and the same is hereby amended by striking from the 1st line of Section 8 the following words: Director with the approval of the and by striking from line 2 of said Section 8 the comma (,) which

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follows the word Commission so that said Section when so amended shall read as follows: Act 1943 further amended Section 8. 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. 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. Bond. Duties. Section 3. That an Act approved February 8, 1943 (Acts 1943, pp. 128-134) entitled an Act to abolish the Division of Wild Life, the Department 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 be and the same is hereby amended by striking from the 1st line of Section 9 the word Director and substituting in lieu thereof the word Commission and by striking from line 7 of said Section 9 the word Director wherever it appears in said line and inserting in lieu thereof the word Commission so that said Section 9 when so amended shall read as follows: Act 1943 further amended. Section 9. The Commission shall appoint and fix the salaries of such other assistants, protectors, and employees, including a uniformed division to be known as Wild Life 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 Commission. The Commission 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. Appointment of assistants, employes, etc. Wildlife Rangers. Relatives of Commission ineligible.

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Section 4. That an Act approved February 8, 1943 (Acts 1943, pp. 128-134) entitled an Act to abolish the Division of Wild Life, the Department 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 be and the same is hereby amended by striking from line 1 of Section 12 of said Act the following words: Director, with the approval of the, and by striking from line 2 of said Section 12 the comma (,) where the same appears after the word Commission, and by striking from line 8 of said Section 12 the word Director and inserting in lieu thereof the word Commission and by striking from line 10 of said Section 12 the word him and inserting in lieu thereof the words: the Chairman of the Commission so that said Section when so amended shall read as follows: Act 1943 further amended. Section 12. 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 Commission 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 the Chairman of the Commission and also file an 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 regulations. Bag limit, closed season fixed by Commission. Section 5. That an Act approved February 8, 1943 (Act 1943, pp. 128-134) entitled an Act to abolish the Division of Wild Life, the Department 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

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provide for their appointment, tenure, compensation, powers and duties be; and the same is hereby amended by striking from line 1 of Section 13 of said Act the following words: Director, with the approval of the, and by striking from line 2 of said Section 13 the comma (,) where same appears after the word Commission so that said Section when so amended shall read as follows: Act 1943 further amended. Section 13. The Commission [Illegible Text] 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 6. That an Act approved February 8, 1943 (Acts 1943, pp. 128-134) entitled an Act to abolish the Division of Wild Life, the Department 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; be and the same is hereby amended by striking from lines 7 and 8 of Section 15 the following words: Director, with the approval of the, and by striking from line 8 the comma (,) where the same appears after the word Commission so that said section when so amended shall read as follows: 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 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. This Act not to be construed as repealing any law not inconsistent herewith. Section 7. That an Act approved February 8, 1943

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(Acts 1943, pp. 128-134) entitled an Act to abolish the Division of Wild Life, the Department 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; be and the same is hereby amended by striking from lines 2 and 3 of Section 20 the following words: Director, with the approval of the, and by striking from line 8 the comma (,) where the same appears after the word Commission so that said Section when so amended shall read as follows: Act 1948 further amended. Section 20. Any person who shall violate any of the rules and regulations promulgated by 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 misdemeanor. Violation a misdemeanor. Section 8. That said Act be and is hereby amended by adding thereto a new section to be known as Section 20 A, which said new section shall read as follows: Section 20A. The State Game and Fish Commission is hereby authorized to purchase, as other State purchases are made, through the Purchasing Department of the State, all necessary uniforms to equip the Wild Life Rangers as a uniform division as provided for by Section 9 of this Act, and to pay for said uniforms from any funds made available to the State Game and Fish Commission for the operation of the Department. New section. Purchase of uniforms for Wildlife Rangers. Section 9. That all laws and parts of law in conflict herewith be and the same are hereby repealed. Approved March 9, 1945. MILK CONTROL BOARD, ACTS AMENDED. No. 381. An Act to amend an Act Approved March 30, 1937, (Ga.

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Laws 1937, pages 247-264; as amended, Ga. Laws 1939, pages 132-134; Ga. Laws 1941, pages 256-257) entitled, An Act to declare an emergency concerning the production, distribution, and sale of milk; to define milk; to regulate the distribution and sale thereof; to create and establish a Milk Control Board, provide for the appointment of its members, prescribe its duties, and define its powers; to provide for the appointment of a Director of Milk Control, prescribe his duties, and define his powers; to create a Milk Control Fund, and provide for its expenditure in the enforcement of this Act; to authorize such Board to fix prices of milk; to define condumers and to provide for them an adequate supply of wholesome milk; to define producers, producers-distributors, distributors, and milk stores, and provide for their licensing and the revocation of such licenses; to fix fees payable by licenses hereunder; to provide penalties for violation of this Act; to provide how and in which localities this Act shall be effective; and for other purposes, and all Acts amendatory thereof so as to strike Section 3 of said Act in its entirety and insert in lieu thereof a new paragraph known as Section 3 whereby one additional consumer member is added to said Board, and said Board members be paid $6.00 per day for service; to strike Section 4 of said Act in its entirety and insert in lieu thereof a new paragraph known as Section 4 whereby the Director of the Milk Control Board shall not receive more than $4,000.00 per year salary and to prescribe his authority thereof; to amend Section 5 of said Act so as to grant the Milk Control Board authority to withdraw its provisions from any duly authorized milk shed; to amend Section 11 of said Act so as to strike the words and consumed, and insert in lieu thereof the words, to be used for ultimate consumption; to amend said Act by adding a new section thereto to be known as Section 22 A to provide for an educational program to encourage the production and consumption of milk and milk products within the State; to extend the period of said Act to April, 1951; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. That Section 3 of the Act approved March 30, 1937, (Ga. Laws, 1937, pages 247-264; as amended, Ga. Laws, 1939, pages 132-134; as amended, Ga. Laws 1941, pages 256-257) entitled An Act to declare an emergency concerning the production, distribution, and sale of milk; to define milk, to regulate the distribution and sale thereof; to create and establish a Milk Control Board and for other purposes, and all Acts amendatory thereof be and the same is hereby amended by striking Section 3 of said Act in its entirety and inserting in lieu thereof a new Section to be known as Section 3 to read as follows: Acts amended. Sec. 3 stricken Section 3. Milk Control Board. There is hereby created a Milk Control Board to consist of eight members (8). The membership of the Board shall be maintained to include two producers; two producer-distributors, one of whom shall be a member of a cooperative marketing association; one distributor, two consumers, and one store license. The members of the Board shall be appointed by and shall serve at the pleasure of the Governor and not more than two members of said Board shall be appointed from any one Congressional District of the State. Each appointed member shall be paid from the Milk Control Fund Six ($6.00) Dollars for each day actually engaged in official functions of the Board plus subsistence and necessary traveling expenses. New Sec. 3. Milk Control Board created. Members. Per diem. Section 2. That Section 4 of said Act as aforesaid be amended by striking said section in its entirety and inserting in lieu thereof a new section to be known as Section 4 and to read as follows: Sec. 4 stricken. Section 4. Director of Milk Control Board. The Governor shall appoint a Director of the Milk Control Board, who is experienced in the milk business and who shall serve at the pleasure of the Governor. His compensation shall be fixed by the Governor to be paid monthly from the Milk Control Fund, but shall not exceed Four Thousand ($4,000.00) Dollars per annum. The Director, with the approval of the Board, shall appoint and at pleasure

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remove such assistants and employees as may be necessary to carry out the provisions of this Act, prescribe their powers and duties, and fix their compensation, same to be paid from the Milk Control Fund. New Sec. 4. Director appointed. Salary. Assistants. Section 3. That section 5 of said Act as aforesaid be amended by adding after the last word in the fourth sentence of said section the words, unless a majority of those entitled to vote shall petition the Board to remove its order and withdraw the provisions of such milk shed, in which instance the Board shall have the discretionary authority to withdraw its provisions and orders from such milk shed, so that said section when amended shall read as follows: Section b amended. Section 5. Milk Sheds. Upon its organization, the Board shall designate natural marketing areas within the State, each of which shall constitute a milk shed, and the Board may, from time to time thereafter designate additional milk sheds or combine two or more milk sheds in which this Act is effective. After the designation of any milk shed and upon petition to the Board therefor, the Board shall hold an election within such milk shed to determine whether or not the provisions of the Act shall be made applicable within such milk shed. Each producer, producer-distributor, and distributor having a municipal or county permit to sell milk within the milk shed shall be entitled to one vote only. If, in any such election, a majority of the votes cast shall be favorable thereto, the provisions of this Act shall thereupon apply within such milk shed and shall remain in force throughout the remaining life of this Act unless a majority of those entitled to vote shall petition the Board to remove its orders and withdraw the provisions of such milk shed, in which instance the Board shall have the discretionary authority to withdraw its provisions and orders from such milk shed. The Board shall advertise each election and make reasonable rules governing the conducting thereof. The decision of the Board as to the results of any such election shall be final, but the provisions of this Act shall not apply within any part of this State except within any milk shed wherein a favorable election has been held as provided in this Section. Natural marketing areas. Milk sheds. Election to come within Act.

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Section 4. That Section 11 of said Act as aforesaid be amended by striking from the last sentence thereof the words and consumed and inserting in lieu thereof the words to be used for ultimate consumption, so that when amended said Section will read as follows: Sec. 11 amended. Section 11. License Fees. All persons required by this Act to be licensed shall pay such uniform license fees as may be fixed by the Board as follows: Each store shall pay an annual fee in advance, not to exceed Two Dollars and Fifty Cents ($2.50). Each producer shall pay a fee, not in excess of two cents for each one hundred pounds of milk produced. Each producer-distributor shall pay a fee, not in excess of two cents for each one hundred pounds of milk produced or received by him from any producer, producer-distributor, or distributor. Each distributor shall pay a fee, not in excess of two cents for each one hundred pounds of milk received. Producer, producer-distributors, and distributors shall pay their fees monthly on the foregoing basis with respect to the milk handled during the preceding month, provided that it is the intention of this Section that no fee shall be required with respect to any milk sold to be used for ultimate consumption within territory which is not within a milk-shed to which this Act may be applicable. License fees. Section 5. That said Act as aforesaid be amended by adding a new section thereto immediately following Section 22 and to be known as Section 22A to provide for an educational program; said section to read as follows: Section 22A. Educational Program. The Director, with the approval of the Board, is hereby authorized to conduct an educational program for the purpose of encouraging the consumption and/or production of milk and milk products within the State. Expenses of said educational program to be paid from the Milk Control Fund with the approval of the Director. Educational program. Section 6. That Section 24 of said Act as aforesaid be amended by striking from Section 24 the date January 1, 1946, and inserting in lieu thereof the date, April 1, 1951, so that when amended said Act shall

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remain effective until April 1, 1951, and so that said Section 24 thereof shall read as follows: Date changed. Section 24. Termination of Act. The provisions of this Act shall apply during the emergency period as defined by this section. `Emergency Period' means the period between the time this Act takes effect and April 1, 1951. Any action or proceeding pending on that date, and any right of action or cause or prosecution then accrued or existent arising out of this Act or any violation of it may be prosecuted to final determination, and for such purposes the provisions of this Act shall be deemed to be in full force and effect. Termination of Act April 1, 1951 Section 7. All laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 9, 1945. OYSTERS SHIPPING REGULATED. No. 382. An Act to amend an Act entitled 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; etc., approved March 4, 1943 (Acts 1943, pp. 543-547) by adding thereto a new Section to be appropriately numbered and to provide a manner and method of handling and shipping of oysters in the shell, and for the protection of land owners and commercial fishermen engaged in the oyster industry; to make the violation of this amendment a misdemeanor and prescribe its punishment; 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 each and every person, firm or corporation handling or shipping oysters in the shell, in addition to the requirements set forth in the Act hereby amended, shall when shipping oysters in the shell, ship

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them in clean containers in either barrels, bags, crates or baskets. To each such barrel, bag, crate or basket there shall be attached a tag obtained from the Coastal Fisheries Office, which tag shall be furnished free of cost, which tag shall indicate the source, date of gathering, name and address of consignee, kind of shell stock in container, name of shipper and the State Public Health Certificate number. There shall be attached to the reverse side of the tag occupational oyster stamps in a sufficient number showing that the tax as required by Section 2 of the Act of 1943, which act is hereby amended, has been fully paid. Oysters to be shipped in clean containers. Tags. Occupational oyster stamps. Section 2. Each and every person, firm or corporation who shall fail to ship or handle oysters in shell stock in clean containers, in either barrels, bags, crates or baskets, or shall fail to attach thereto the tag containing the information called for in Section 1 of this Act shall be guilty of a misdemeanor and shall be punished as for a misdemeanor. Violation, misdemeanor. Section 3. That all laws and parts of law in conflict herewith be, and the same are, repealed. Approved March 9, 1945. ABATEMENT OF INCOME TAXES FOR DECEASED SERVICE MEN. No. 383 An Act for the abatement of all income taxes for members of the armed forces upon death; and for 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. On and after the passage of this Act, in the case of any individual who dies on or after December 7, 1941, while in active service as a member of the military, naval or armed forces of the United States, and prior to

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the termination of the present War as proclaimed by the President, all income taxes imposed by the laws of Georgia shall not apply after the date of December 7, 1941, nor shall they apply for preceding taxable years, which are unpaid at the date of his or her death, and such income taxes shall not be assessed, and if assessed, the assessment shall be abated, and if collected, shall be refunded as an overpayment. Income taxes abated on death of member of armed forces on or after Dec. 7, 1941. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 9, 1945. MISSING PERSONSFINDINGS USED AS EVIDENCE. No. 384. An Act to provide for the receiving as evidence in any court, office, or other place in this State, official findings, records, reports, or certified copies thereof, of death, presumed death, missing or other status, issued by the Secretaries of War and Navy and other Federal Officers and employees; so as to conform to the Federal Missing Persons Act, (56 Stat. 143, 1092 and P. L. 408, Ch., 371, 2nd Sess. 78th Congress; 50 U.S.C., App. Supp. 1001-17), as now or hereafter amended; to provide that any finding, report or record, or duly certified copy thereof, purporting to have been signed by an officer or employee of the United States, shall prima facie be deemed to have been signed and issued pursuant to law, and that such person shall be deemed to have acted within the scope of his authority; to repeal any and all 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, a written finding of presumed death, made by the Secretary of War, the Secretary of the Navy, or other officers or employees of the United States authorized to make such

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findings, pursuant to the Federal Missing Persons Act (56 Stat. 143, 1092, and P. L. 408, Ch. 371, 2nd Sess. 78th Congress; 50 U.S.C. App. Supp. 1001-17), is now or hereafter amended, or a duly certified copy of such finding, shall be received in any Court, office or other place in this State as evidence of the death of the person therein found to be dead, and the date, circumstances and place of his disappearance. Written finding of presumed death received as evidence. Section 2. Be it further enacted by the authority of the same, that an official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or beleaguered, beseiged or captured by an enemy, or is dead, or is alive, made by an officer or employee of the United States authorized by the Act referred to in Section 1, or by any other law of the United States to make the same, shall be received in any Court, office or other place in this State, as evidence that such person is missing, missing in action, interned in a neutral country, or beleaguered, beseiged or captured by an enemy or is dead, or is alive as the case may be. Written finding, that a person is missing received as evidence. Section 3. Be it further enacted by the authority aforesaid, that for the purposes of Section 1 and Section 2 of this Act, any finding, report or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in said Sections, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of his authority so to certify. Finding or report signed by official deemed prima facie a proper official. Section 4. Be it further enacted by the authority aforesaid, that if any provision of this Act or the application thereof to any person or circumstance be held invalid, such invalidity, shall not affect any other provision or application of the Act which can be given effect without the invalid provision or application, and to this end the

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provisions of this Act are declared to be severable. Invalid parts. 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 9, 1945. INSURANCE PREMIUM TAX. 56-315, 92-2509. No. 385. An Act to fix and regulate the amount of premium taxes to be paid by insurance companies; to repeal as of January 1, 1945, Paragraph 1, Section 7 of the General Tax Act of 1935, set out on pages 60 and 61 of Georgia Laws 1935, and also set out as Section 92-2509 of Code of Georgia Annotated, relating to tax on insurance premiums; to provide for the payment by all foreign and domestic insurance companies doing business in this State of a premium tax of two percent upon the gross premiums received by them upon persons, property or risks in Georgia on and after January 1, 1945, each year, from January 1st to December 31st, inclusive; to provide that the said tax shall be paid upon the gross premiums received from direct writings upon persons, property or risks in Georgia without regard to business ceded to or assumed from other companies; to provide that said tax shall be paid upon annuity considerations; to provide that said provisions shall be applicable only to premiums received or collected on and after January 1, 1945; to provide that the said tax shall be paid to the Insurance Commissioner of Georgia annually on or before March 1st, following the close of the preceding calendar year upon all such premiums during that calendar year; to provide that upon premiums received by foreign and domestic insurance companies prior to January 1, 1945 for business done in this State premium taxes shall be collected at the rate specified in and in accordance with Paragraph 1, Section 7 of said General Tax Act of 1935,

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set out in Georgia Laws 1935, pages 60 and 61; to repeal as of January 1, 1945 Section 56-315 of the Code of Georgia of 1933 relating to deposits by foreign companies or agents, and payments of penalties, certificates of authority, license fees or otherwise, when the amount required of companies of this State by a foreign State is greater than that imposed by this State; to repeal all laws and parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. The paragraph numbered 1, of Section 7, of the General Tax Act of 1935 set out on pages 60 and 61 of Georgia Laws of 1935, and being set out also as Section 92-2509 of the Code of Georgia Annotated, relating to tax on insurance premiums, is hereby repealed as of January 1, 1945. Par. 1, Sec. 7 of General Tax Act of 1935, 92-2509 repealed. Section 2. All foreign and domestic insurance companies doing business in this State shall pay a tax of two per cent upon gross direct premiums received by them on and after January 1, 1945, upon persons, property or risks in Georgia from January 1, to December 31, both inclusive, of each year, without regard to business ceded to or assumed from other companies, with no deductions for dividends whether returned in cash or allowed in payment or reduction of premiums, or for additional insurance; nor shall any deductions be allowed for premium abatements of any kind or character or for reinsurance or for cash surrender values paid, or for losses or expenses of any kind, said tax being imposed upon gross premiums received from direct writings, without any deductions whatever except for premiums returned on change of rate or cancelled policies. The term gross direct premiums shall include annuity considerations; provided that local organizations known as Farmers' Mutual Insurance Companies operating in not more than four counties in a division shall not be subject to this tax. Tax on gross direct premiums received after January 1, 1945. Section 3. Upon gross premiums received by all foreign and domestic insurance companies prior to January 1,

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1945 for business done in this State premium taxes shall be collected at the rate specified in and in accordance with the provisions of said Paragraph 1, Section 7 of the General Tax Act of 1935 set out on pages 60 and 61 of Georgia Laws of 1935, which paragraph is also set out as Section 92-2509 of the Code of Georgia Annotated. Tax Act 1935 applicable on premiums prior to January 1, 1945. Section 4. The annual premium taxes required by this Act of all foreign and domestic insurance companies doing business in this State upon gross direct premiums received by them upon persons, property or risks in Georgia shall be paid to the Insurance Commissioner of Georgia annually on or before March 1, following the close of the preceding calendar year upon all such premiums collected during that calendar year. Premiums paid annually to Insurance Commissioner. Section 5. Section 56-315 of the Code of Georgia of 1933 relating to deposits by foreign companies or agents, and payments of penalties, certificates of authority, license fees or otherwise, when the amount required of companies of this State by a foreign State is greater than that imposed by this State, is hereby repealed as of January 1, 1945. 56-315 repealed. Section 6. If any section or provision of this Act shall be declared unconstitutional the remaining sections or provisions shall nevertheless remain effective. Invalid parts. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1945. CHIEF DRUG INSPECTOR. 42-102. No. 387. An Act to amend Title 42 (Foods and Drugs) Chapter 42-1 (Inspectors. Regulations in General) amending Section 42-102 (Chief drug inspector; appointment, duties, salary) of said Title and Chapter, as amended by an Act approved March 24, 1939 (Acts 1939, pp.

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228-233) divesting the Commissioner of Agriculture of the authority to appoint the Chief Drug Inspector, etc., by striking from lines 6 and 7 of said Section the words shall not exceed the sum of $3,000.00 per annum and inserting in lieu thereof the words shall be fixed by the Georgia State Board of Pharmacy; 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 Title 42 (Food and Drugs) Chapter 42-1 (Inspectors. Regulations in General) Section 42-102 (Chief drug inspector; appointment, duties, salary) as amended by an Act approved March 24, 1939 (Acts 1939, pp. 228-233) divesting the Commissioner of Agriculture of the authority to appoint the Chief Drug Inspector be and the same is hereby amended by striking from said Section of said Chapter and Title and from lines 6 and 7 thereof the words shall not exceed the sum of $3,000.00 per annum and by inserting in lieu thereof the following words shall be fixed by the Georgia State Board of Pharmacy so that said Section of said Chapter and Title when so amended shall read as follows: Food and Drug Acts amended. 42-102. Chief drug inspector; appointment, duties, salary.The Georgia State Board of Pharmacy shall, at the next regular meeting of said Board, appoint a chief drug inspector, who shall hold office at the pleasure of the board, and should any vacancy occur in said office for any cause whatsoever, said board shall, either at a regular or called meeting, appoint his successor. The salary of the chief drug inspector shall be fixed by the Georgia State Board of Pharmacy. His whole time shall be at the disposal of the Georgia State Board of Pharmacy and his duties shall be to visit and inspect manufacturing establishments, chemical laboratories and such other establishment as manufacture and put up for sale such articles as are known as family remedies, grocers' drugs, flavoring extracts, flavoring essences, toilet articles, bottlers' supplies, stock powders and veterinary remedies; and to perform such other duties as may be directed by the Georgia State Board of Pharmacy. He shall

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report to the Georgia State Board of Pharmacy or the secretary of said board any and all violations of any of the drug laws of this State and particularly any person operating without licenses as required by laws. Chief drug inspector appointed by Board. Salary to be fixed by Board. Duties. The purpose and intent of this law is to divest the Commissioner of Agriculture of the authority to appoint the chief drug inspector or to supervise, direct or control his duties, and to vest the power of appointing the chief drug inspector in the Georgia State Board of Pharmacy, and to provide that all of his duties shall be performed subject to the supervision, direction and control of said board; to consolidate all of the powers and functions of the chief drug inspector under the control, supervision and direction of the Georgia State Board of Pharmacy, in the interest of efficiency and of the public health, safety and welfare. Purpose of this Act to divest Commissioner of Agriculture of authority to appoint chief drug inspector. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1945. TAX RECEIVERS' RETURNS TO COUNTY ASSESSORS. 92-6902. No. 388. An Act to amend Section 92-6902, Part 5, Chapter 92-69 of the Code of Georgia of 1933, relating to when tax receivers shall present returns to County Assessors, by striking from said Section the word May between the words of in the first line of said Section and substituting in lieu thereof the word April; to provide the effective date thereof; 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 Section 92-6902, Part 5, Chapter 92-69 of the Code of Georgia of 1933, be and the same is hereby amended by striking from said Section the word May

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between the words of in the first line of said Section, and substituting in lieu thereof the word April, so that said Section when so amended shall read as follows, to-wit: 92-6902 amended. Within 10 days after the first day of April of each year the tax receiver of each county shall present the tax returns of the county for the current year to the County Board of Tax Assessors created by this chapter for the purposes hereinafter contemplated and provided. Tax returns presented to tax assessors within 10 days after April 1. of each year. Section 2. Be it further enacted by the authority aforesaid that this Act shall go into effect as of January 1, 1946. Effective date. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 9, 1945. TIME FOR MAKING TAX RETURNS 92-6201. No. 389. An Act to amend Section 92-6201, Chapter 92-62 of the Code of Georgia of 1933, relating to the time of making tax returns, by striking after the word of and before the word and in the second line of said Section the word February and substituting in lieu thereof the word January, and by further amending said Section by striking therefrom the word May after the word of and before the word of in the last line of said Section, and substituting therefor the word April; to provide time for closing tax books in counties over 200,000 population; to provide the effective date thereof; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same:

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Section 1. That Section 92-6201, Chapter 92-62 of the Code of Georgia of 1933, relating to the time of making tax returns, be and the same is hereby amended by striking therefrom the word February after the word of and before the word and in the second line of said Section, and substituting in lieu thereof the word January, and that said Section be further amended by striking therefrom the word May after the word of and before the word of in the last line of said Section, and substituting therefor the word April, except that in counties of over 200,000 or more according to the 1940 or any future census, the time of closing the books for the return of taxes shall be May 1st, so that said Section, when amended, shall read as follows: Section 92-6201. Time for making returns. The several tax receivers shall open their books for return of taxes on the first day of January and shall close same on the first day of April of each year except that in counties of over 200,000 or more according to the 1940 or any future census, the time of closing the books for the return of taxes shall be May 1st of each year. Time for making tax returns. Section 2. Be it further enacted by the authority aforesaid that this Act shall go into effect as of January 1, 1946. 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 9, 1945. ENRICHMENT OF BREAD, FLOUR, CORN MEAL. No. 390. An Act to regulate enrichment of flour, bread, degerminated corn meal and/or grits, prescribed penalty for violation thereof, and for other purposes.An Act to empower and authorize the Commissioner of Agriculture, in his discretion, to regulate the manufacture,

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baking, mix, compound, sale or offer for sale for human consumption of flour, bread, degerminated corn meal and degerminated hominy grits, as defined herein, and to require the enrichment of flour, bread, degerminated corn meal, and degerminated grits by the addition of certain vitamins and minerals and to prescribe the methods of enrichment; authorizing the Commissioner of Agriculture to change or add to the specifications for ingredients and amounts thereof; providing the method of enrichment, and authorizing the Commissioner of Agriculture to prescribe rules and regulations as prescribed herein to carry out the provisions of this Act; authorizing the Commissioner of Agriculture, in his discretion, to determine the availability of the necessary ingredients; defining the terms used herein; fixing active enforcement date; and to fix penalties for violation of same.Whereas, there is reported a widespread deficiency of certain ingredients necessary to the health and wellbeing of the people, and it is, therefore, necessary and advisable to protect so far as may be possible the health of the people of this State against such deficiency in foods by providing for the addition of such necessary ingredients, normally present in wheat and corn, to certain kinds of bread, flour, meal and grits, and to provide formulas for such addition and rules for its enforcement. In the accomplishment of such purposes, it may become necessary and advisable to promote uniformity in the laws applicable to sales of such foods, and to that end to conform to the definitions and standards of identity and the labeling requirements for such foods now or hereafter promulgated by the Commissioner of Agriculture pursuant to the provisions of this Act.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Definitions Section 1. As used in this Act, the following words and terms shall have the following meanings: (a) The term flour includes and shall be limited to flour of every kind and description made wholly or partly from wheat which conforms to the definition and standard of identity of flour, white flour, wheat flour, phosphated flour, selfrising flour, bromated flour and plain flour as promulgated in the rules and regulations made by the Commissioner of Agriculture, but excludes whole wheat flour made only from the whole wheat berry with no part thereof removed, and also excludes special packaged flours not used for bread baking, such as cake, pancake, cracker, and pastry flours. Definitions. (b) The term bread includes and shall be limited to the foods commonly known and described as white bread and rolls, including, but not restricted to, Vienna bread, French bread, and Italian bread and rolls of the semi-bread dough type, such as soft rolls, hamburger, hot dog, parker house, etc., hard rolls, such as Vienna, Kaiser, etc., all made without fillings or icings but shall not include sweet yeast-raised rolls or sweet buns, cinnamon rolls or buns, butterfly rolls, etc. (c) The term degerminated corn meal includes and shall be limited to all ground corn, corn meal, and bolted corn meal intended for human consumption which has undergone a refining process with a resultant loss of more than 10 percent of the germ. (d) The term degerminated hominy grits includes and shall be limited to all corn grits, grits, pearled grits and endosperm portions of corn intended for human consumption which has undergone a refining process with a resultant loss of more than 10 percent of the germs. (e) The term enrichment as applied to flour, bread, meal or grits means the addition thereto of vitamins and

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other ingredients of the nature required by this Act; and the terms enriched flour, enriched bread, enriched degerminated corn meal, and enriched degerminated hominy grits mean bread, flour, corn meal or grits, as the case may be, which has been enriched to conform to the requirements of this Act. (f) The term Commissioner means the Commissioner of Agriculture. (g) The term person means an individual, firm, corporation, partnership, association, joint stock company, trust, or any unincorporated organization. Section 2. On and after the effective date of this Act it shall be unlawful, for any person to manufacture, mix, compound, sell or offer for sale, for human consumption in this State any flour (as above defined) unless the following vitamins and other ingredients are contained in each pound of such flour: Flour ingredients. (a) Not less than 2.0 milligrams of vitamin B1 (thiamin); not less than 1.2 milligrams of riboflavin; not less than 16 milligrams of niacin (nicotinic acid) or miacin amide (nicotinic acid amide); and not less than 13 milligrams of iron (Fe). The enrichment of selfrising flour shall require, in addition to the above ingredients, not less than 500 milligrams of calcium. (b) The enrichment of flour shall be accomplished by a milling process, addition of vitamins from a natural or synthetic source, addition of minerals, or by a combination of these methods, or by any method which is permitted by the Commissioner of Agriculture with respect to flour. (c) The Commissioner of Agriculture is empowered with the authority and may change, or add to, in his discretion, the specifications for ingredients and the amounts thereof, in order that they shall conform to the Federal definition of enriched flour when promulgated or as may from time to time be amended. (d) If other vitamins and minerals are added to flour

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they shall be added only in accordance with the regulations of the Commissioner of Agriculture. (e) Iron shall be added only in forms which are assimilable and harmless and which do not impair the enriched flour. Section 3. On and after the effective date of this Act it shall be unlawful for any person to manufacture, bake, sell or offer for sale, or to receive an interstate shipment for sale for human consumption in this State, any bread (as above defined) unless the following vitamins and other ingredients are contained in each pound of such bread: Bread ingredients. (a) Not less than 1.1 milligrams of vitamin B1 (thiamin); not less than 0.7 milligrams of riboflavin; not less than 10.0 milligrams of niacin (nicotinic acid) or niacin amide (nicotinic acid amide); not less than 10 milligrams of iron (Fe). (b) The Commissioner of Agriculture is empowered with the authority and may change, or add to, in his discretion, the specifications for ingredients and the amounts thereof, in order that they shall conform to the Federal definition of enriched bread when promulgated or as may from time to time be amended. (c) The enrichment of bread may be accomplished through the use of enriched flour, special yeast, and other enriched ingredients, synthetic vitamins, harmless iron salts, or by any combination of harmless methods which will produce bread enriched as to meet the requirements of Section 3 (a). (d) Iron shall be added only in forms which are assimilable and harmless and which do not impair the enriched bread. Section 4. On and after the effective date of this Act it shall be unlawful for any person to manufacture, mix, compound, sell or offer for sale, for human consumption in this State, any degerminated corn meal or degerminated hominy grits (as above defined) unless the following

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vitamins and other ingredients are contained in each pound of such products: Ingredients of degerminated corn meal and degerminated hominy grits. (a) Not less than 2.0 milligrams of vitamin B1 (thiamin), not less than 1.2 milligrams of riboflavin, not less than 16 milligrams of niacin (nicotinic acid) or niacin amide (nicotinic acid amide); and not less than 13 milligrams of iron (Fe). (b) The enrichment of degerminated corn meal or degerminated hominy grits may be accomplished by a milling process, addition of vitamins from a natural or synthetic source, other enriching ingredients, harmless and assimilable inorganic salts or by a combination of these methods which will produce enriched grits or enriched corn meal as herein defined. (c) The Commissioner of Agriculture is empowered with the authority and may change, or add to, in his discretion, the specifications for ingredients and the amounts thereof, in order that they shall conform to the Federal definition of enriched degerminated corn meal or enriched degerminated grits when promulgated or as from time to time may be amended. (d) If other vitamins and minerals are added to degerminated corn meal or degerminated hominy grits, they shall be added only in accordance with such pertinent regulations as may be promulgated by the Commissioner of Agriculture. (e) Iron shall be added only in forms which are assimilable and harmless and which do not harm the enriched corn meal or enriched grits. (f) The substances referred to in Section 4 (a) may be added in a harmless carrier which does not impair the enriched degerminated corn meal or enriched degerminated hominy grits; such carrier is used only in the quantity necessary to effect an intimate and uniform admixture of such substances with the grits or corn meal. Exemptions. Section 5. (a) The terms of this Act shall not apply

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to flour, corn meal, or grits sold to bakers or other commercial secondary processors, if, prior to or simultaneously with delivery, the purchaser furnishes to the seller a certificate of intent in such form as the Commissioner shall by regulation prescribe certifying that such flour, corn meal and grits shall be used only in the production of flour, bread, corn meal or grits enriched within the given establishment to meet the requirements of this Act or shall be used in the manufacture of products other than those covered by the provisions of this Act. It shall be unlawful for any such purchaser so furnishing any such certificate of intent to use the unenriched flour, corn meal or grits so purchased in any manner other than as stated in the certificate. Exemptions. (b) The terms of this Act shall not apply to flour or bread which is made from the entire wheat berry with no parts of the wheat removed from the mixture. In cases of flour or bread containing mixtures of the whole wheat berry and white flour or mixture of various portions of the wheat berry such products shall have a vitamin and mineral potency at least equal to enriched flour or enriched bread as described herein. (c) The terms of this Act shall not apply to corn meal or grits which is made from the entire corn with no parts of the corn removed from the mixture, but shall not be construed to prevent the enrichment of such products if so desired by the manufacturer. Any products so enriched must conform to standards and labeling provisions as provided in this Act as modified by the Commissioner. (d) The terms of this Act shall not apply to flour, corn meal and grits for the wheat and corn producer whereby the miller is paid in wheat or corn or feed for the grinding service rendered, except in so far as such a mill may produce flour or degerminated corn meal or grits as defined in Section 1 and sell or offer for sale such products, whereupon this Act shall be applicable, nor shall the provisions of this Act apply to farmers in exchanging their corn for corn meal and wheat for flour, or having the same ground into flour, corn meal or grits

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and disposing of the same for their own use or the use of the farm labor on their farms. (e) That nothing in this Act shall apply to mills doing custom grinding of wheat, whose capacity is 20 bushels of wheat per hour or less, and for custom mills that do not use artificial methods for bleaching flour. Section 6. It shall be unlawful to sell or offer for sale in this State any enriched flour, enriched bread, enriched degerminated corn meal, or enriched degerminated hominy grits which, if wrapped, fails to conform to the labeling requirements of the Commissioner of Agriculture. Labeling requirements. Section 7. (a) The Commissioner of Agriculture is authorized as the administrative agency and is hereby directed: Duties of Commissioner of Agriculture. (1) To make, amend and rescind such rules and regulations, in his discretion, as may be necessary to carry out the provisions of this Act, including, but without being limited to, such orders, rules and regulations as it is hereinafter specifically authorized and directed to make. (2) From time to time to adopt, in his discretion, such regulations changing or adding to the required ingredients for flour, bread, corn meal or grits, specified in Sections 2, 3, and 4, as shall be necessary to conform to the definitions and standards of identity of enriched flour, enriched bread, enriched degerminated corn meal and enriched degerminated hominy grits, from time to time promulgated by the rules and regulations made by the Commissioner of Agriculture. (b) Whenever any person, firm or corporation subject to the provisions of this Act shall submit to the Commissioner of Agriculture an affidavit claiming a shortage or imminence of shortage of any vitamin or mineral element added to a food as required by this Act, the Commissioner may request information from the War Production Board, or other Federal Agency responsible for information concerning said availability or from other source. If factual information can be obtained within ten days from

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said source, this information shall be considered as final and the Commissioner is hereby instructed to act thereon, in his discrimination. However, if said information is not available, the Commissioner may hold a public hearing within ten days, if he so desires. If, in the judgment of the Commissioner, the testimony presented shows that the sale and distribution of a food may be substantially impeded by the enforcement of the provisions of this Act, he may immediately suspend such parts of the Act which may impede, provided, such suspension shall be revoked, in the discretion of the Commissioner of Agriculture, as soon as adequate supplies of such vitamins and minerals become available in the judgment of the Commissioner based on information from Federal Agencies or testimony at a public hearing. (c) All orders, rules and regulations adopted by the Department of Agriculture pursuant to this Act shall be published in the manner hereinafter prescribed, and, within the limits specified by this Act, shall become effective upon such date as the Commissioner of Agriculture shall fix. (d) Whenever under this Act publication of any notice, order, rule or regulation is required, such publication shall be made at least three (3) times in ten (10) days in newspapers of general circulation in three (3) different sections of the State. (e) The Commissioner is authorized to collect samples for analysis and to conduct examinations and investigations for the purposes of this Act, through any officers or employees under his supervision; and all such officers and employees shall have authority to enter to inspect any factory, mill, warehouse, shop, or establishment where flour, bread, corn meal or grits, is manufactured, processed, packed, sold, or held, or any vehicle and any flour, bread, corn meal or grits therein, and all pertinent equipment, materials, containers and labeling. Section 8. Any person who violates any of the provisions of this Act, or the orders, rules or regulations promulgated by the Department of Agriculture under

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authority thereof, shall, upon conviction thereof, be subject to fine for each and every offense, in a sum not exceeding $100.00 or to imprisonment for not more than 30 days, or both such fine and imprisonment. Penalty for violation. Section 9. 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 this Act which can be given effect without the invalid provisions or application, and to this end the provisions of this Act are declared to be severable. Saving clause. Section 10. This Act shall take effect May 1, 1945. Effective date. Section 11. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed to the extent of such inconsistency. Approved March 9, 1945. SERVICEMEN'S BENEFITSMINORS' CONTRACTS. No. 391. An Act to empower minors eligible for benefits under the Servicemen's Readjustment Act of 1944, Title III of Public Law No. 34678th Congress and any amendments thereto, to make valid and binding contracts, deeds, deeds to secure debt, liens, promissory notes, or other written obligations for or in connection with a loan guaranteed in part or in full by the United States or any instrumentality thereof, or for which there is a commitment to so guarantee or for which a conditional guarantee had been issued, under the Servicemen's Readjustment Act of 1944, Title III of Public Law No. 34678th Congress and any amendments thereto, as if said minor has arrived at the age of majority; to provide for the ratification of purchases by such minor; to provide for repeal of 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

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same, that any minor eligible for the benefits under the Servicemen's Readjustment Act of 1944, Title III of Public Law No. 34678th Congress and any amendments thereto, is hereby empowered to make valid and binding contracts, deeds, deeds to secure debt, liens, promissory notes, or other written obligations for, or in connection with, a loan guaranteed in part or in full by the United States or any instrumentality thereof, or for which there is a commitment to so guarantee or for which a conditional guarantee has been issued, under the Servicemen's Readjustment Act of 1944, Title III of Public Law No. 34678th Congress and any amendments thereto, as if said minor had at the time of making such contract or other written obligation arrived at the age of majority. Minor's contracts for loans under Servicemen's Readjustment Act. Section 2. Be it further enacted by the authority aforesaid that the securing by a minor of a loan guaranteed in whole or in part by the United States or any instrumentality thereof under the provisions of the Servicemen's Readjustment Act of 1944, Title III of Public Law No. 34678th Congress and any amendments thereto, on the security of any property purchased or acquired by such minor, shall be a ratification of such purchase or acquisition and shall be as valid and binding on such minor as if he had ratified such contract after he had arrived at the age of majority. Ratification by minor. Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith are hereby repealed. Approved March 9, 1945. TIME FOR CLAIMING HOMESTEAD TAX EXEMPTION. No. 392. 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

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regulations for setting aside exemptions, etc.; and for other purposes, approved December 16, 1937 (Georgia Laws, Extraordinary Session 1937-1938, pages 145-150), as amended by the Acts approved February 21, 1939 and March 24, 1939, as appearing in Georgia Laws of 1939, pages 98-100, and as amended further by an Act of the General Assembly approved March 2, 1943 (Georgia Laws 1943, pages 101-103) by substituting the word April for the word May between the words before and 1st in the fourth line of Section 2 of said Act, as amended by the Act of 1943; to provide closing date for filing application for exemption in counties of not less than 200,000 population; to provide the effective date thereof; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same. Section 1. That Section 2 of an Act of the General Assembly of Georgia, approved December 16, 1937, and amended by the Acts approved February 21, 1939, and March 24, 1939 and further amended by an Act of the General Assembly approved March 2, 1943 relating to the date of the year in which exemption from taxation is sought, when the application and schedule shall be filed, as appears in Georgia Laws 1943, page 102, be and the same is hereby amended by striking from said Section 2 of said amendatory Act of 1943 the word May between the words before and 1st in the fourth line of said Section 2 of said Act as amended, and inserting in lieu thereof the word April, except that in counties of over 200,000 or more according to the 1940 or any future census, the time of filing written application and schedule for exemption shall be on or before May 1st of the year in which exemption from taxation is sought, so that said Section 2, when so amended, shall read as follows, to-wit: Section 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the person seeking said exemption shall,

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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, except that in counties of over 200,000 or more according to the 1940 or any future census, the time of filing written application and schedule for exemption shall be on or before May 1st of the year in which exemption from taxation is sought. Time for claiming homestead tax exemption. Section 2. Be it further enacted by the authority aforesaid that this Act shall go into effect as of January 1, 1946. Effective date. Section 3. 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. Joint-owner occupant's exemption. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945. UNIFORM NARCOTIC DRUG ACTAMENDED. 42-802. No. 393. An Act to amend an Act approved March 24, 1935, and known as the Uniform Narcotic Drug Act (Georgia Laws, 1935, pages 418-439) and codified in Annotated Code 1933 Chapter 42-8, by striking from said Act subdivision 14 of Section 1, codified as subdivision 14 of Section 42-802 Annotated Code of 1933, relating to

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definitions and substituting a new subdivision 14 in lieu thereof in said Act as codified in said section to include isonipecaine and adding a new subdivision 19 to Section 1 of said Act to be subdivision 19 of said Annotated Code Section 42-802 defining isonipecaine. Be it enacted by the General Assembly of Georgia: Section 1. Subdivision 14 of Section 1 of the Uniform Narcotic Drug Act approved March 24, 1935 (Georgia Laws, 1935, pages 419-439) codified as subdivision 14 of Section 42-802 Code of 1933, relating to definitions is hereby repealed, and a new subdivision 14 in lieu thereof is hereby enacted as follows: 14. Narcotic drugs means coca leaves, opium, isonipecaine, cannabis, and every substance neither chemically nor physically distinguishable from them. Narcotic drugs defined. Section 2. Section 1 of the Uniform Narcotic Drug Act approved March 24, 1935 (Georgia Laws, 1935, pages 418-439) codified in Annotated Code of 1933 as Section 42-802, is further amended by adding thereto a new subdivision, to be subdivision 19, to read as follows: 19. Isonipecaine means the substance identified chemically as 1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or any salt thereof whether known as Demerol or by whatever other trade name identified. Isonipecaine defined. Section 3. This Act shall take effect immediately. Effective date. Section 4. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1945. GARNISHMENT OF SALARIES OF GOVERNMENT EMPLOYEES. No. 394. An Act to amend Title 46 of the Code of Georgia of 1933

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entitled Garnishment, by adding thereto a new Chapter, to be known and numbered as Chapter 46-8, said Chapter to consist of the following new Sections, to-wit: Section 46-801, which shall provide that salary of officials of state, county, city or town may be garnished; Section 46-802, which shall provide on whom writ of garnishment shall be served; Section 46-803, which shall provide a definition of salary; Section 46-804, which shall provide for garnishment only after final judgment; Section 46-805, which shall provide that the assent of the government official garnished shall be necessary to judgment, and Section 46-806, which shall provide how check or warrant shall be drawn for money so condemned, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Title 46 of the Code of Georgia of 1933 is hereby amended, by adding thereto a new Chapter, to be known and designated as Chapter 46-8, and to provide that salary of officials or employees of State, County, or City shall be subject to garnishment, said Chapter to consist of the following new Sections, to-wit: Section 46-801. Money due officials or employees of an incorporated town, city, county or state government, or any department or institution thereof, as salary for services performed for or on behalf of said town, city, county or State, or any department or institution thereof, may be garnished. Government employees' salaries subject to garnishment. Section 46-802. In such cases, the writ or summons of garnishment may be served on the person authorized by law to draw the warrant on the treasury of the government to be garnished, or to issue a check for such salary so due, and such person shall be required to answer said writ or summons in accordance with the mandate thereof, and as provided by law. Service. Answer. Section 46-803. The term salary, as herein used, is not intended to include or cover costs and charges of court, or fees, commissions, percentages or allowances of public

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officers, and such are not subject to writs of garnishment under the provisions of this Chapter. Fees, etc., exempt. Section 46-804. The salary herein referred to is not subject to writ or summons of garnishment in aid of a pending suit, but such writ or summons may issue only after final judgment or decree, on which execution can issue, rendered in actions on contracts, or growing out of contracts express or implied, and being judgments ex contractu. The judgment on which such writ or summons can issue, must be founded upon a debt, demand or claim against said defendant, which originated subsequent to the 1st day of April, 1945, and the salary herein referred to is not subject to writ or summons of garnishment issued on judgments ex delicto. Act limited to final judgments ex contractu Section 46-805. Where an official of any of the said governments or other person herein designated, has been garnished, as provided by the preceding sections, and answer has been filed by said person, in accordance with the mandate of said writ or summons, admitting that the branch of government which has been garnished is due, or will be due, the defendant in said garnishment proceedings, money for salary, and has said money for payment when due, the said answer must also show the assent of said official, or person hereinabove authorized, that judgment may be entered in said cause for the amount shown in said answer, or so much thereof as may be necessary to satisfy plaintiff's judgment. And in no case shall judgment against said official, or other person herein authorized and designated, as the agent of the garnishee, be entered by default, or on said answer, or in said garnishment proceedings, unless and until such assent and consent to said judgment is shown in said answer or in the trial of the garnishment case. When such final judgment is so entered, after trial of said proceedings, the said judgment shall be against the official or person hereinabove authorized to return said answer, as such official or agent of the garnishee, and said judgment shall show that said official or authorized person, as such agent of the garnishee, consented that said judgment be entered in said garnishment proceedings. Assent of garnishee

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Section 46-806. After such writ or summons has been served, as provided in this Chapter, the said agent of the garnishee shall draw no warrant or check for the money due such defendant, as salary, and included in the answer filed in said garnishment cause, until such garnishment proceedings have terminated, unless said writ is dissolved in the manner provided by law. And after final judgment condemning said money, as herein provided, said agent of the garnishee may draw warrant or check for the money so condemned in favor of and deliver same to the clerk of the court, or to the court, where such judgment was obtained. Effect of service of garnishment writ. Effect of judgment against garnishee. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved March 9, 1945. SCHOOL CENSUS. 32-1601, 32-1602. No. 395. An Act to amend Sections 32-1601 and 32-1602, Civil Code of Georgia for 1933, relating to Enumeration of School Children and how enumeration is to be taken, respectively, by striking said sections in their entirety and inserting in lieu thereof the following: It shall be the duty of the State Board of Education to adopt such rules and regulations as may be necessary for taking a school census and for installing and keeping in the office of the superintendent in each county or independent school system in the state a continuous school census, the cost of taking and keeping the census shall be a legitimate item in the budget and shall be paid out of local funds or from such other funds as may be legally provided. If any parent, guardian, or other person refuses to give any properly authorized census-taker, teacher, school principal, or other school official charged with the duty of obtaining

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the school census in any county or independent school system the necessary information to enable such person to obtain an accurate and correct census, or shall knowingly and willfully make any false statement to any person duly authorized to take the school census of any county or independent school system, he shall be deemed guilty of a misdemeanor and shall be fined not to exceed twenty-five dollars or imprisoned not to exceed thirty days in the discretion of the court. 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 Sections 32-1601 and 32-1602, Civil Code of Georgia for 1933, providing for Enumeration of School Children and How Enumeration is to be Taken, respectively, be amended by striking said sections in their entirety, and inserting in lieu thereof as Section 32-1601 the following: It shall be the duty of the State Board of Education to adopt such rules and regulations as may be necessary for taking a school census and for installing and keeping in the office of the superintendent in each county or independent school system in the State a continuous school census. The cost of taking and keeping the census shall be a legitimate item in the budget and shall be paid out of local funds or from such other funds as may be legally provided. If any parent, guardian, or other person refuses to give any properly authorized census-taker, teacher, school principal, or other school official charged with the duty of obtaining the school census in any county or independent school system the necessary information to enable such person to obtain an accurate and correct census, or shall knowingly and willfully make any false statement to any person duly authorized to take the school census of any county or independent system, he shall be deemed guilty of a misdemeanor and shall be fined not to exceed twenty-five dollars or imprisoned not to exceed thirty days in the discretion of the court. School census. Cost. Penalty for withholding information from census-taker.

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Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and hereby are repealed. Approved March 9, 1945. EXAMINATION OF INSURANCE COMPANIES. 56-104. No. 397. An Act to amend Section 56-104 of the Code of 1933 relating to the examination of insurance companies and fraternal orders doing business in this State, by striking and repealing the proviso appearing at the end of said section, which exempts farmers' assessment cooperative fire insurance companies doing business in not more than four counties in a division from such examination. Be it enacted by the General Assembly of the State of Georgia: Section 1. Section 56-104 of the Code of 1933 relating to the examination of insurance companies and fraternal orders doing business in this State is hereby amended so as to strike and repeal the proviso appearing at the end of said section, the same being as follows: Provided, this section shall not apply to farmers' assessment cooperative fire insurance companies doing business in this State in not more than four counties in a division. So that said section when thus amended shall read as follows: 56-104. Examination of insurance companies doing business as assessment, fraternal, industrial, or charitable companies; appointment of and reports by examiners; hearings; expenses.The Insurance Commissioner may at any time examine into the affairs of any insurance company doing business in this State as an assessment, fraternal, industrial or charitable company or otherwise, and into the affairs of any company organized under the laws of any other State, having an office in this State, which company is engaged in or is claiming or advertising

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that it is engaged in organizing or receiving subscriptions for or disposing of stock of, or in any manner aiding or taking part in the formation or business of, an insurance company or companies, or which is holding capital stock of one or more insurance companies for the purpose of controlling the management thereof or as voting trustee or otherwise. For such purpose the Commissioner may appoint as examiners one or more competent persons, not officers of, or connected with or interested in any insurance company, other than as policyholders, and upon such examination, he, his deputy or any examiner authorized by him, may examine under oath the officers and agents of such company and all persons deemed to have material information regarding the company's property or business. Every such company, its officers and agents, shall produce at the office of the company where the same are kept, its books and all papers in its possession relating to its business, and any other person may be required to produce any book or paper in his custody relevant to the examination, for the inspection of the Commissioner, his deputies or examiners whenever required; and the officers and agents of such company shall facilitate such examination and aid the examiners in making the same so far as it is in their power to do so. Every such examiner shall make a full and true report of every examination made by him, verified by his oath, which shall comprise only facts appearing upon the books, papers, records or documents of such company or ascertained from the sworn testimony of its officers or agents or other persons examined under oath concerning its affairs, and said report so verified shall be presumptive evidence in any action or proceeding against the company, its officers or agents, as to the facts therein stated. The Insurance Commissioner shall grant a hearing to the company examined before filing any such report and may withhold any such report from public inspection for such time, not to exceed 60 days, as he may deem proper, and may after so filing, if he deems it for the interest of the public to do so, publish any such report or the result of any such examination in one or more newspapers. It shall be the duty of the Insurance Commissioner

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to examine every domestic insurance company at least once in five years. The expense of all examinations of insurance companies shall be paid by the companies so examined. Examination of certain insurance companies. Production of papers, etc. Examiners' reports. Periods of examinations, Expenses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1945. GEORGIA CITIZENS COUNCIL. No. 403. An Act to create the Georgia Citizens Council, to coordinate volunteer civilian war and post-war programs and to promote the development of human resources in the State; to provide for its membership, their appointment, terms of office and compensation; to authorize the Budget Commission to pay the expenses of operation of such Council, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by same as follows: Section 1. The purpose of this Act is to provide: (a) a citizens council to assume all those functions now being carried on by the Georgia Volunteer War Service Council, established by Executive Order dated March 25, 1944, eliminating those activities related strictly to the war effort as soon as possible after the termination of hostilities; Purposes of Act. (b) to provide a coordinating clearinghouse for information from Federal and State Agencies and Departments on war and post-war programs requiring citizen action on a volunteer basis; (c) to eliminate duplication and wasted effort and thereby secure more effective citizen effort in all State-wide war and post-war programs requiring citizen action on a volunteer basis; (d) to enlist and coordinate the volunteer efforts of

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all State-wide Civic, Business, Religious, Professional, Labor, Fraternal and other organizations in war and post-war programs and to improve the human resources of the State; (e) to assist local community leaders in organization and operation of similar Councils and provide specific recommendations and suggestions for more effective volunteer citizen action in such programs. Section 2. The members of said Council shall be appointed by the Governor. For the first term six members shall be appointed to serve for one year, five for two years, five for three years and five for four years. Their successors shall be appointed for a full term of four years beginning after the date of the expiration of the terms for which the first appointments are made. All unexpired terms shall be filled by appointment by the Governor. Georgia Citizens Council. All Council members shall serve without compensation and may receive reasonable travel expenses to and from official meetings of the Council. State and Federal Agency and Department representatives may be named by the Council as ex-officio members. Section 3. To effectuate the purposes herein enumerated the following is enacted: (a) the Council shall meet monthly at a time and place to be selected by the members. It shall elect from among its members a Chairman and Vice-Chairman; Meetings. Officers. (b) it shall have authority to form State-wide Committees of representative citizens interested in a specific program and to prepare specific recommendations and suggestions to assist local community councils and leaders in carrying out these programs; State-wide committees. (c) the Council shall have the authority to employ sufficient agents and employees to carry out its purposes and functions within the limitations of funds available. Employees. Section 4. The Budget Commission shall have the authority to allocate to the Council not more than sixty

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thousand dollars ($60,000) per annum for the expenses of its operation from funds which are available. Expenses of operation. The Council shall have authority to accept gifts, grants and donations under such rules as it may prescribe. Gifts, etc. 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, 1945. SALE OF WINE OR BEER NEAR SCHOOLS PROHIBITED. No. 404. An Act to prohibit the sale of wine or beer at a distance of one hundred yards of any school building or school house in this State, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted as follows, to-wit: Section 1. That it shall be illegal for any person to sell either beer or wine at a place within one hundred yards of any school or school house in this State. Sale of wine or beer near schools, illegal. Section 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor and punished as provided in the Code of Georgia in misdemeanor cases. Penalty for violation. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945. DISPOSITION OF FUNDS FROM CONDEMNED VEHICLES. No. 405. An Act to provide for the remission of funds to which an officer, who receives a salary as compensation, may

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become entitled by virtue of the seizure and condemnation of any vehicle or conveyance used in conveying any liquors or beverages prohibited by law to the Treasury of the County or Municipality from which such salary is paid; to provide for limitation upon any action brought by such officer 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 fiscal authorities of any County or Municipality may require that any officer who receives a salary as compensation shall remit any sums to which he may become entitled by virtue of the seizure and condemnation of any vehicle or conveyance used in conveying any liquors or beverages prohibited by law to the Treasury of such County or Municipality from which such salary is paid. All actions of any kind to collect any such sums from any County, Municipality or any officer thereof for which the right of action has accrued prior to the passage of this Act shall be brought within ninety days after the approval of this Act or be forever barred; any and all actions to recover on rights of action accruing after the approval of this Act shall be brought within ninety days after such rights of action accrue or be forever barred. Disposition of funds from condemnation of vehicles for conveying liquors. Limitation of actions. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 9, 1945. INOCULATION FOR RABIES. No. 406. An Act to require the inoculation of dogs against rabies; to provide for the creation of the office of county rabies inspector; to provide for the issuance of a license or certificate as to such inoculation and the wearing of a tag by all dogs; to provide for the impounding of unlicensed dogs and their disposition: to

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provide for the confinement of dogs which have bitten human beings; to provide for the disposition of dogs exposed to rabid animals: to provide for the penalty for any violation of the provisions of this law, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Terms Defined. Whenever used in this Act, unless a contrary intention is clearly evident, the following terms shall be interpreted as herein defined: (a) The term dog shall mean and include all members of the canine family, three months or more of age, and also pet foxes, wolves, etc. (b) The term owner shall mean and include any person having a right of property in the dog, or who keeps or harbors a dog, or who has it in its care, or acts as its custodian, or who permits a dog to remain on or about any premises occupied by him. (c) The term inoculation against rabies shall mean the injection, subcutaneously or otherwise as approved by the Georgia Department of Public Health of canine antirabic vaccine, approved by the Georgia Department of Public Health. Definitions. Section 2. Enforcement provision. For the purpose of providing proper enforcement of the provisions of this Act, each County Board of Health is hereby invested with general supervisory powers, and it shall be its duty to appoint, within 90 days after the passage of this Act, and annually thereafter within the first 15 days of January, a licensed veterinarian or other properly qualified person who shall be known as Rabies Inspector. Such inspector may select as many deputy inspectors to aid him as may be necessary. It shall be the duty of the said inspector, under the direction of the County Board of Health, to enforce the provisions of this Act, and to inoculate dogs or have the work done by his deputies; and, for the purpose of enforcing this Act, the said Rabies Inspector and his deputies are clothed with full police power; and the sheriff and his deputies and the police officers in each incorporated municipality shall be aides and are instructed to cooperate with said Inspector in carrying out the provisions of this Act. The compensation

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of the Inspector and his deputies shall be limited to the fees prescribed in succeeding sections of this Act. The said Rabies Inspector may be removed from office, for cause, by the County Board of Health. Rabies inspector; deputies; duties and authority. Aides. Compensation. Removal. Section 3. Inoculation of Dogs Required. Prior to July 1 of each year, every owner of a dog not confined at all times to an enclosed area, or on leash, or muzzled, shall cause such dog to be inoculated against rabies by the Rabies Inspector, or by his deputy, or by a competent veterinarian. Evidence of such inoculation shall consist of a certificate signed by the person administering the vaccine. The certificate shall be prepared and furnished free of charge to the Rabies Inspectors by the State Department of Public Health and shall contain such pertinent data as may be prescribed by the State Department of Public Health. One copy of the certificate shall be given to the owner, one filed with the County Board of Health, and one retained by the Inspector as a permanent record. The type and brand of manufacture of the rabies vaccine used must be approved by the State Board of Health and may be secured from the State Department of Public Health at prevailing cost price. Inoculation of dogs. Certificate. Vaccine. Section 4. Dogs to Wear Tags. Coincident with the issuance of the certificate of inoculation, as prescribed in the preceding section, the Rabies Inspector or other person authorized to furnish the certificate shall also furnish a serially numbered tag bearing the same number and year as the certificate bears, which tag shall at all times be attached to a collar or harness worn by the dog for which the certificate and tag have been issued. Tags shall be furnished by the Georgia Department of Public Health to the county Rabies Inspectors without cost. Dog tags. Section 5. Inoculation Fee. It is hereby provided that the Rabies Inspector, or other person authorized to inoculate dogs against rabies, may charge for such services a sum not to exceed $1.00, including the cost of the vaccine. Inoculation fee. Section 6. Penalties. On and after July 1, 1945, any

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dog as defined in Section 1 of this Act found running at large and not wearing the evidence of inoculation as provided herein, and for which no certificate of inoculation can be produced, and which is apprehended by any officer or other person charged with the enforcement of this Act, shall forthwith be subject to a penalty of fifty cents (50c), to be imposed by the Rabies Inspector on the owner of the dog, in addition to the fee heretofore prescribed for inoculation. The said penalty, when collected, shall accrue to the person making the apprehension. Penalties. Section 7. Impounding of Unlicensed Dogs. It shall be the duty of each and every county in the State, and of every municipality over 5,000 in which the county pound is not located, to provide a suitable enclosure for the impounding of all dogs found running at large in violation of the provision of this Act. Where dogs are impounded, the Rabies Inspector shall, in some form or manner, give a notice of not less than seven (7) days; and, if the owner thereof is known, such owner shall be given direct notice of the impounding of a dog or dogs belonging to him. If the owner is unknown the Rabies Inspector shall run a notice in the official organ for two weeks, giving a full description of the dog and if the owner redeems said dog he shall pay the cost of advertisement. Impounding of unlicensed dogs. Section 8. Disposition of Dogs Prescribed. All dogs which have been impounded for failure to be inoculated in accordance with the provisions of this Act, due notice of which impounding shall have been given as provided in the preceding section, shall be humanely dispatched and disposed of when not redeemed by the owner within seven (7) days. Where there exists a humane society in any city of the State where the provisions of this Act are applicable, said humane society shall have the privilege of dispatching all unredeemed dogs, should it so elect. In case the owner of any impounded dog desires to make redemption thereof, he may do so on the following conditions: He must pay for the inoculation of the dog, for the board of the dog for the period for which it was impounded, and fifty cents (50c) in addition as a penalty, as prescribed in Section 6. The Rabies Inspector may, at

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his discretion, sell any dog, not redeemed or claimed or otherwise disposed of, to any purchaser desiring the said dog, but said purchaser must comply with all the provisions of this Act. Disposition of impounded dogs. Section 9. Confinement of Bitten or Suspected Rabid Dogs Prescribed. The owner of any dog, whether vaccinated or not, which has been bitten by another animal, or which exhibits symptoms of rabies, shall immediately notify the County Health Office or Rabies Inspector, and shall promptly confine such dog, or have it confined, under suitable observation, for a period of at least sixty days, unless officially authorized by the County Health Office or Rabies Inspector, in writing, to release it sooner. Confinement of bitten or suspected rabid dogs. Section 10. Confinement of Dogs which have bitten human beings authorized. Whenever the County Health Office or Rabies Inspector shall receive information that any person has been bitten by a dog, the said County Health Office or Rabies Inspector shall be required to have the said dog confined for a period of seven (7) days. And it shall be unlawful for any person having knowledge that any person has been bitten by a dog to refuse to notify promptly one or more of the officers mentioned in this section. It shall be unlawful for the owner of such dog to refuse or fail to comply with the written recommendations made by the County Health Office or Rabies Inspector, in any particular case, and any expense incurred in the handling of any dog, under this and the preceding section, shall be borne by the owner. Confinement of dogs which have bitten human beings. Section 11. General Provisions. Any person violating or aiding in or abetting the violation of any provision of this Act, or counterfeiting or forging any certificate, permit, or tag, or making any misrepresentation in regard to any matter prescribed by this act; or resisting, obstructing, or impeding any authorized officer in enforcing this Act; or refusing to produce for inoculation, any dog in his possession, not confined at all times to an enclosed area, or on leash, or muzzled, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than one nor more than ten dollars, and, for the purpose

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of enforcing this section, any court of competent jurisdiction shall have jurisdiction in such offenses. Penalty for aiding or abetting violation. Section 12. If any section clause, paragraph, or provision of this Act shall be held unconstitutional, such holding shall not affect any part of all the remainder of said Act which is not in itself unconstitutional. Saving clause. Section 13. Nothing in this Act shall be held to limit in any manner the power of any municipality to prohibit dogs from running at large, whether or not they have been inoculated as herein provided; nor shall anything in this Act be construed to, in any manner, limit the power of any municipality to further control and regulate dogs in such municipality. Municipalities authority to regulate dogs unaffected. Section 14. The County Health Office or the Rabies Inspector or deputy officers or any one enforcing the provisions of this Act shall not be held responsible for any accident or disease that may happen to any dog. Officers not responsible for accident or disease to dogs. Section 15. The Board of Health of each county is hereby required to make annual report to the State Department of Public Health showing the number of dogs inoculated, fees and penalties collected, and the number of cases of rabies occurring in the respective county. County boards of health reports to State Board. Section 16. All laws and parts of laws in conflict or inconsistent with the provisions of this Act are hereby expressly repealed. Approved March 9, 1945. STATE MEDICAL COLLEGE HOSPITAL. No. 408. An Act to authorize and direct the Board of Regents of the University System of Georgia to construct and operate a hospital for the indigent sick or near indigent sick in conjunction with the State Medical College, out of funds in the building trust funds or any other money that they may be able to procure; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Board of Regents of the University System of Georgia is authorized and directed to build, buy or lease a hospital for the indigent sick or near indigent sick to be operated in conjunction with the Medical College. State Medical College hospital for indigent, sick. Section 2. The Board of Regents is authorized to use funds from the building trust fund for the construction of such hospital and any other money that they may be able to procure from any source. Construction funds. Section 3. The Board of Regents is hereby authorized to contract with any hospital for clinical purposes and for the training of medical students of the University. Contracts with hospitals for training medical students. Section 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1945. UNIVERSITY SYSTEM TEACHERS RETIREMENT. No. 411. An Act to provide that teachers in the University System of Georgia who receive or hereafter receive retirement allowances from or through Regents of the University System of Georgia when retired shall not be disqualified from being members or beneficiaries of the retirement system provided for by the Act approved March 19, 1943, known as the Teachers Retirement System; to repeal laws in conflict herewith and for other purposes. Section 1. Be it enacted and it hereby is enacted by the General Assembly of the State of Georgia that teachers in the University System of Georgia who receive or hereafter receive retirement pay or allowances from or through Regents of the University System of Georgia when retired shall not be disqualified from being members or beneficiaries of the Retirement System provided

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for by the Act approved March 19, 1943, known as the Teachers Retirement System. The word teacher shall be given the same meaning as is provided in said Act. University System teachers retirement. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith are repealed. Approved March 9, 1945. HOMESTEAD TAX EXEMPTION FOR SERVICEMEN. No. 416. An Act to amend an Act entitled An Act to amend an Act entitled `Homestead Exemption from Taxes' (Georgia Laws Extra Session, 1937-1938, p. 145) approved December 16, 1937, as amended by an Act approved March 20, 1943, (Ga. Laws 1943, pp. 103-104) by adding a new paragraph to sub-section (k) as amended (Ga. Laws 1943, pp. 103-104) authorizing the family or friends of a person absent in the armed forces to claim the homestead exemption for such absent person; 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 sub-section (k) of the Act approved March 20, 1943 (Ga. Laws 1943, pp. 103-104) amending the Act approved December 16, 1937 (Ga. Laws Extra Session 1937-1938, p. 145) be and the same is hereby amended by adding another paragraph to follow immediately after sub-section (k) as follows: Absence of a person from his residence because of duty in the armed forces of the United States will not be considered as a waiver upon the part of such person in applying for a homestead exemption. Any member of his immediate family or a friend may notify the tax receiver or the tax commissioner of his absence. This notice will require the tax receiver or tax commissioner

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to grant the homestead exemption to the person so absent in the armed forces of the United States. So that said sub-section (k) as amended will read as follows: 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. Permanent residence of servicemen. Absence of a person from his residence because of duty in the armed forces of the United States will not be considered as a waiver upon the part of such person in applying for a homestead exemption. Any member of his immediate family or a friend may notify the tax receiver or the tax commissioner of his absence. This notice will require the tax receiver or tax commissioner to grant the homestead exemption to the person so absent in the armed forces of the United States. Homestead tax exemption for servicemen. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1945. TIME FOR CLAIMING PERSONAL PROPERTY TAX EXEMPTION. No. 417. 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;

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to provide penalties for fraudulent Acts and for the repeal of existing laws; and for other purposes, (Georgia Laws Extraordinary Session 1937-1938, pages 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, approved March 11, 1943, (Georgia Laws, pages 110-111) by striking the word May after the word before and before the figure 1st in the sixth line in Section 2 of said amendatory Act of 1943 on page 111, and substituting in lieu thereof the word April; to provide closing date for filing application for exemption in counties of not less than 200,000 population; to provide the effective date thereof; 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 same: Section 1. That Section 2 of the Act of the General Assembly of Georgia of 1937-1938, Extraordinary Session, Georgia Laws, pages 176-179, approved December 14, 1937, as amended by an Act of the General Assembly 1943, Georgia Laws, pages 110, 111, by changing the time for filing personal property exemption from taxation from April 1st of each year to May 1st of each year, approved March 11, 1943, be and the same is hereby amended by striking the word May after the word before and before the figure 1st in the sixth line of said Section 2, as amended by said amendatory Act of 1943, Georgia Laws, page 111, and inserting in lieu thereof the word April, except that in counties and municipalities of over 200,000 or more according to the 1940 or any future census, the time of filing written application and schedule for exemption shall be on or before May 1st of

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the year in which exemption from taxation is sought, so that said Section 2 of said original Act, as amended by the Act of 1943, Georgia Laws, page 111, shall read as follows: Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the 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 of 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, except that in counties and municipalities of over 200,000 or more according to the 1940 or any future census, the time of filing written application and schedule for exemption shall be on or before May 1st of the year in which exemption from taxation is sought. Time for claiming personal property exemption. Proportionate homestead exemption for jointowner occupant. Time for claiming exemption in certain counties. Section 2. Be it further enacted by the authority aforesaid that this Act shall go into effect on the first day of January, 1946. Section 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1945. BOARD OF DIRECTORS OF LIFE INSURANCE COMPANIES. 56-907. No. 419. An Act to amend Code Section 56-907 relating to the

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Board of Directors of Life Insurance Companies so as to increase the number of such Directors from not less than five (5) nor more than twenty (20) members to not less than five (5) members and as many additional as may be provided by the by-laws of such Insurance Companies 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. Code Section 56-907 which reads as follows: The Board of Directors of all life insurance companies chartered by the laws of this State shall consist of not less than five (5) nor more than twenty (20) members, a majority of whom shall be bona fide residents of this State, and the majority of which board shall constitute a quorum for the purpose of transacting business, be and the same is hereby amended by striking the words nor more than twenty (20) members and adding in lieu thereof the following: and as many additional as may be provided by the by-laws of such companies so that said section as amended will read as follows: 56-907. Directors of Companies; number; qualifications; quorum. The Board of Directors of all life insurance companies chartered by the laws of this State shall consist of not less than five (5) and as many additional as may be provided by the by-laws of such companies, a majority of whom shall be bona fide residents of this state, and a majority of which board shall constitute a quorum for the purpose of transacting business. Board of Directors of life insurance companies. Section 2. All laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 9, 1945. BOARD OF DIRECTORS OF INSURANCE COMPANIES. 56-208. No. 420. An Act to amend Code Section 56-208 relating to organization

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of Boards and Directors of Insurance Companies by striking the words nor more than fifteen (15) and inserting in lieu thereof and as many additional as may be provided by the by-laws of such Companies, 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. Code Section 56-208 which reads as follows: When the amount of the capital stock shall have been subscribed, the persons named in said certificate may call a meeting of the stockholders for the purpose of organization, of which meeting every subscribing stockholder shall have ten (10) days' notice personally, or by notice deposited in the post office, postage paid, directed to him at the post office nearest his usual place of residence. At said meeting there shall be elected a board of directors of not less than five (5) nor more than fifteen (15), to manage the affairs of said company, said directors to be chosen by a majority vote of the stockholders, each share of stock being entitled to one vote; said election to be governed by such by-laws as said company may adopt; the persons elected as directors to continue in office until others shall be elected to fill their places. No person shall be elected a director unless he shall be a stockholder, owning stock in his own name, or as trustee, or personal representative and qualified to vote at the election at which he is chosen. If for any reason the election shall not be held at the time appointed, the same may be held at any time thereafter on ten (10) days' notice to all stockholders; but at any meeting of the stockholders or their legal representatives, the notice may be waived, and an election held at once. The directors shall elect from their number a president, vice-president or vice-presidents, secretary and treasurer, and such other officers and agents as they may deem necessary. The regular elections for directors shall be held annually, at such time and place as may be prescribed in the by-laws of said company. All meetings of directors of said company shall be held in this State. A majority of said directors shall be bona fide

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residents of Georgia, be and the same is hereby amended by striking the words nor more than fifteen (15) and inserting in lieu thereof the words and as many additional as may be provided by the by-laws of such companies so that said Section as amended will read as follows: When the amount of the capital stock shall have been subscribed, the person named in said certificate may call a meeting of the stockholders for the purpose of organization, of which meeting every subscribing stockholder shall have ten (10) days' notice personally, or by notice deposited in the post office, postage paid, directed to him at the post office nearest his usual place of residence. At said meeting there shall be elected a board of directors of not less than five (5), and as many additional as may be provided by the by-laws of such companies, to manage the affairs of said company, said directors to be chosen by a majority vote of the stockholders, each share of stock being entitled to one vote; said election to be governed by such by-laws as said company may adopt; the persons elected as directors to continue in office until others shall be elected to fill their places. No person shall be elected a director unless he shall be a stockholder, owning stock in his own name, or as trustee, or personal representative and qualified to vote at the election at which he is chosen. If for any reason the election shall not be held at the time appointed, the same may be held at any time thereafter on ten (10) days' notice to all stockholders; but at any meeting of the stockholders or their legal representatives, the notice may be waived, and an election held at once. The directors shall elect from their number a president, vice-president, or vice-presidents, secretary and treasurer, and such other officers and agents as they may deem necessary. The regular elections for directors shall be held annually, at such time and place as may be prescribed in the by-laws of said company. All meetings of directors of said company

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shall be held in this State. A majority of said directors shall be bona fide residents of Georgia. Board of directors of insurance companies. Section 2. All laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 9, 1945. WORKMEN'S COMPENSATION BOARDTAKING TESTIMONY. 114-706. No. 421 An Act to amend Section 114-706 of the Code of 1933, which provides for hearing in cases of disagreement under the Workmen's Compensation laws, by providing additional methods of taking testimony for use at such hearings, and for 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 114-706 of Code of 1933, which provides for hearings in cases of disagreement under the Workmens Compensation laws, is stricken in its entirety and there is inserted in lieu thereof, the following: 114-706Hearings regarding disagreementsIf the employer and the injured employee or his dependents fail to reach an agreement in regard to compensation under this title, or if they have reached such an agreement which has been signed and filed with the State Board of Workmen's Compensation, and compensation has been paid, or is due in accordance therewith, and the parties thereto then disagree as to the continuance of any weekly payment under such agreement, either party may make application to the Board for a hearing in regard to the matters at issue, and for a ruling thereon. Immediately after such application has been received, the Board shall set a date for a hearing, which shall be

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held as soon as practicable, and shall notify the parties at issue of the time and place of such hearing. The hearing shall be held in the county where the injury occurred if the same occurred in this State, unless otherwise agreed between the parties and authorized by the Board. If the injury occurred without the State and is one for which compensation is payable under this title, then the hearing above referred to may be held in the county of the employer's residence or place of business, or in any other county of the State which will, in the discretion of the Board, be the most convenient for a hearing. If either party in the matter of disagreement scheduled for a hearing desires to take evidence in any county of this State other than the county of the original accident and injury, or the county of the employee's residence, as the case may be, they may do so by making application either to the Board or the hearing director of said issues in dispute, and if in the discretion of the Board or the hearing Director it is deemed that the evidence is material and necessary to a fair and just adjudication of said issue or issues. The Board or hearing director shall have authority to continue said hearings for the purpose of taking said evidence in any other county of this State, and shall either schedule the hearing for the taking of said evidence in any county of the State of Georgia, or shall direct that the evidence be taken by deposition under the rules now required for taking depositions in civil cases of this state; provided that if the Board or Director directs the parties to take evidence by deposition, the party or parties taking said depositions shall forward the same to the Secretary and Treasurer of the State Board of Workmen's Compensation in the same manner as depositions are filed with the clerks of the Superior Courts in other cases. If either party at issue desires to take the testimony of witnesses without the State the Board or the Director may authorize any officer or employee of the authority charged with administering the Workmen's Compensation laws of the State where such testimony is to be taken to act as commissioner for the taking of the same, or it may direct the taking of such testimony under the same rules now pertaining to the

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taking of testimony of persons without the State in civil cases. Hearings regarding disagreements. Taking evidence outside of county of injury. Taking testimony of witnesses outside of State. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 9, 1945. STATE PORTS AUTHORITY CREATED. No. 422. An Act creating the State Ports Authority; authorizing the Authority to promote, develop, construct, equip, maintain and operate at any of the seaports of this state, terminal facilities of all kinds; conferring powers and imposing duties on the Authority; authorizing the issuance of revenue bonds of the Authority, payable from earnings and revenues, to pay the cost of such projects; providing for the collection and for the pledging of revenues and other charges for the payment of such bonds and for the cost of maintenance, operation and repair of the projects; authorizing the execution of trust indentures to secure the payment of such bonds and defining the rights of the holders of such bonds; providing that no debt of the State shall be incurred in the exercise of any of the powers granted by this Act; making such bonds legal investments and also exempt from taxation; providing for condemnations; authorizing the issuance of revenue refunding bonds; fixing the venue or jurisdiction of actions relating to any provisions of this Act and the time within which such action must be brought; providing for the separate enactment of each provision of this Act; and repealing all laws and parts of laws in conflict with the provisions of this Act and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Short Title. This Act may be cited as the State Ports Authority Act.

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Section 2. State Ports Authority. There is hereby created a body corporate and politic to be known as the State Ports Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of three members to be appointed by the Governor, one of whom shall be a resident of the First Congressional District, as it is now constituted, and another from the Eighth Congressional District, as it is now constituted and the third shall be selected from the State at large. The original appointments shall be made in such manner that the term of one member shall expire on July 1, 1946, the term of another member shall expire on July 1, 1948, and the term of the remaining member shall expire on July 1, 1950. Their successors shall be appointed for terms of four years from the dates of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired term, and any member of the Authority shall be eligible for reappointment. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and another as Vice-Chairman and shall also elect a Secretary and Treasurer who may not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make necessary rules and regulations for its own government. The Authority may delegate to one or more of its members, or to its officers, agents and employees such powers and duties as it may deem proper. Said Authority shall have perpetual existence. State Ports Authority.

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Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: Definitions. (a) The word Authority shall mean the State Ports Authority created by Section 2 of this Act. (b) The word project shall be deemed to include wharves, docks, ships, piers, quays, elevators, compresses, refrigeration storage plants, warehouses and other structures, and any and all facilities needful for the convenient use of the same in the aid of commerce, including the dredging of approaches thereto, and the construction of belt line roads and highways and bridges and causeways therein, and other bridges and causeways necessary or useful in connection therewith, and shipping facilities and transportation facilities incident thereto and useful or convenient for the use thereof, including terminal railroads, and also airports, seaplane bases and air transportation terminals. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. (d) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings thereof will be sufficient to pay the cost of constructing, maintaining, repairing and operating the project, seaport or harbor and to pay the principal and interest of revenue bonds which may be issued for the cost of such projects, seaport or harbor.

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(e) The terms port and seaport shall include any place natural or artificial in which seagoing vessels may be sheltered or loaded or unloaded. (f) The term harbor shall include any place natural or artificial in which vessels capable of moving articles of commerce by water borne vessels may be loaded, unloaded or accommodated. Section 4. Powers of Authority. The Authority shall have powers: Powers of Authority. (1) to have a seal and alter the same at pleasure; (2) to acquire, hold and dispose of personal property for its corporate purposes; (3) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with and subject to the provision of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full; and if the Authority shall deem it expedient to construct any project on lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State, title to such lands to the Authority upon payment

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to the State Treasurer for the credit of the sinking fund of the State of the reasonable value of such lands such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority; (4) to appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorneys, and fix their compensation; (5) to make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired. (6) to construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects as hereinabove defined, to be located on property owned by the Authority, the cost of any such project to be paid from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (7) to accept loans and grants, either or both, of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose; (8) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof; (9) to exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the constitution and laws of this State; (10) to do all things necessary or convenient to carry out the powers expressly given in this Act;

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(11) to act as agent for the United States of America, or any agency, department, corporation or instrumentality thereof, in any matter coming within the purposes or powers of the Authority; (12) to adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business; (13) to do any and all other acts and things in this Act authorized or required to be done, whether or not included in the general powers in this section mentioned; (14) to receive gifts, donations or contributions from any person, firm or corporations; and (15) to contract with any municipality or county for the leasing, operation or management of real or personal property in or adjacent to any seaport of this State; (16) to develop and improve the harbors or seaports of this State for the handling of water borne commerce from and to any part of the State of Georgia and other states and foreign countries; (17) to acquire, construct, equip, maintain, develop and improve said harbors or seaports and their port facilities; (18) to foster and stimulate the shipment of freight and commerce through said ports whether originating within or without this State, including the investigation and handling of matters pertaining to all transportation rates and rate structures affecting the same; (19) to own, lease and operate tug boats, locomotives and any and every kind of character of motive power and conveyances or appliances necessary or proper to carry passengers, goods, wares, merchandise or articles of commerce in, on or around its projects; and (20) to hold, use, administer and expend such sum or sums as may hereafter be appropriated by authority

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of the General Assembly for any of the purposes of the Authority. (21) to do any other things necessary or proper to foster or encourage the commerce, domestic or foreign, of the State, the United States of America or of the several sister states. Section 5. Revenue Bonds. The Authority shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds, but in no event to exceed the total sum of fifteen million dollars, of the Authority for the purpose of paying all or any part of the cost as herein-above defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding five per cent per annum, payable semi-annually, shall mature at such time or times as the Authority may determine at the time of issue, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupons cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer

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of the Authority and any coupons attached thereto shall bear the facsimilie signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bond shall be duly authorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments laws of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than five per cent per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and shall be disbursed upon requisition or order of the Chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the

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trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangable for definitive bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Revenue Bonds. Section 6. Credit of State Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the State, but such bonds shall be payable solely from the fund hereinafter provided therefor from earnings, and the issuance of such revenue bonds shall not directly or indirectly or contingently obligate the State to levy or to pledge any form of taxation whatever therefor from earnings, and the issuance of such revenue bonds shall not directly or indirectly or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. [sic] Neither the State nor the Authority shall be obligated to pay the principal

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of or the interest on such revenue bonds except from earnings of the project or projects for which they shall be issued. All such revenue bonds shall contain recitals on their face covering the foregoing provisions of this section. Credit of State not pledged. Section 7. Trust Funds. All moneys received pursuant to the Authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds, to be held and applied solely as provided in this Act. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank or trust company, which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Trust funds. Section 8. Trust Indenture. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign revenues and earnings to be received. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued therefor, and may also

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require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project or projects affected by such indenture. Trust indenture. Section 9. Agency Contracts Authorized. The Authority shall have the right to do all new construction under an agency, or construction management form of contract without the necessity of taking competitive bids. Contracts without competitive bids authorized. Section 10. Revenues and Earnings. The Authority is hereby authorized to fix and to revise from time to time fees, rentals and other charges for the use of each project and for the services and facilities furnished by the same and to charge and collect the same and to lease and to make contracts with any person, firm or corporation with respect to the use of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect of the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of new construction of projects, (b) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indenture,

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unless such cost shall be otherwise provided for, and (c) the principal of the revenue bonds and the interest thereon as the same shall become due. The revenues and earnings derived from the projects for which a single issue of bonds is issued, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the project or projects, and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust indenture in a sinking fund which is hereby pledged to, and charged with the payment of, (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the revenue bonds of the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year's interest on all revenue bonds then outstanding may be applied to the purchase or redemption of bonds. All revenue bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Revenues and earnings. It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project constructed under the provisions of this Act, including rules and regulations to insure maximum use of each such project, and to impose rentals and other charges for the use of the facilities furnished by such project and to collect

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the same from all persons, firms or corporations using the same. Regulations as to use and rentals Section 11. Remedies. Any holder of revenue bonds issued under the provisions of this Act, or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien or encumbrance, legal or equitable, upon any property of the State. Bondholders' and trustees' remedies Section 12. Contributions. The Authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues and earnings derived under the provisions of this Act, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made. Federal and other grants or contributions. Section 13. Revenue Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding and revenue bonds issued under the

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provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act in so far as the same may be applicable. Revenue refunding bonds. Section 14. Legal Investment and Security for Deposits. The bonds are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Bonds as legal investment of trust funds, etc. Section 15. Governmental Function. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and this State covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the facilities

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erected, maintained or acquired by it or any fees, rentals or other charges for the use of such facilities or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. Governmental function. Tax exemption. Section 16. Limitation of Actions. Upon the passage of a resolution providing for the issuance of revenue bonds under the provisions of this Act, the Authority may, in its discretion, cause to be published once in each of two consecutive weeks in at least one newspaper published and having a general circulation in the City of Savannah, a notice in substantially the following form (the blanks being first properly filled in): Limitation of Actions. The State Ports Authority on the __________ day of __________19__________, passed a resolution providing for the issuance of $__________ Revenue Bonds of the Authority for the purpose of financing the construction of __________, such Revenue Bonds being payable solely from the revenue of such project. Any action or proceeding questioning the validity of said resolution or said Revenue Bonds must be commenced within twenty days after the first publication of this notice. __________ Chairman of the State Ports Authority. Any action or proceeding in any court to set aside a resolution providing for the issuance of revenue bonds under the provisions of this Act or to contest the validity of any such revenue bonds or of the trust indenture, if any, to the same, must be commenced within twenty days after the first publication of the above mentioned notice. After the expiration of such period of limitation, no right of action or defense founded upon the invalidity of the resolution or the trust indenture, if any, or of the revenue bonds, shall be asserted, nor shall the validity of such resolution, trust indenture or bonds be open to question

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in any court upon any ground whatever, except in an action or proceeding commenced within such period. Any such action and any action to protect or enforce any rights under the provisions of this Act shall be brought in the Fulton Superior Court, which shall have exclusive original jurisdiction of such actions. Section 17. Powers Not Impaired. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Bondholders' rights protected. This Act as contract with bondholders. Section 18. Act Liberally Construed. This Act, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Act liberally construed. Section 19. Constitutional Construction. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Saving clause. Section 20. Alternative Method. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing, and shall inure to the Savannah Port Authority, but shall in no manner repeal or otherwise modify the amendment to the Constitution approved November 4,

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1924, the ordinance of the mayor and aldermen of the City of Savannah, approved December 24, 1924, or the Act of the General Assembly, approved August 14, 1925. This Act supplemental to other laws. Section 21. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 9, 1945. AMOUNT OF FLOUR, GRITS AND CORN MEAL PACKED IN CONTAINERS. 42-302. No. 423. An Act to repeal Section 42-302 of the official Code of Georgia of 1933 relating to the amount of flour, grits and corn meal to be packed in barrels and sacks and to substitute therefor a new section No. 42-302 so as to provide the quantity and weight of flour, grits and corn meal which shall be packed in containers; to provide exceptions where sales are made direct to consumer from bulk stock or to commercial bakers or blenders in containers of more than 100 pounds or for export or when packed in cartons of less than 5 pounds or when exchanged by mills grinding for toll 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 42-302 of the official Code of Georgia, 1933 be and the same is hereby repealed and a new section 42-302 is hereby substituted which new section shall read as follows: 42-302 repealed. Section 42-302. Amount of Flour, Grits and Corn Meal to be Packed in Barrels and Sacks. Every miller, bolter, blender, or mixer, or other person who manufactures or who buys flour, grits and corn meal, for the purpose of repacking shall sack the same in containers of net avoirdupois weights when packed of two (2), five (5), ten (10), twenty-five, (25), fifty (50), and one hundred

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(100) pounds and multiples of one hundred (100) pounds. These provisions shall apply to wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits; provided, however, that the provisions of this Act shall not apply to (a) the retailing of flours, meals, hominy, and hominy grits direct to the consumer from bulk stock, or (b) the sale of flours and meals to commercial bakers or blenders in containers of more than one hundred (100) pounds, or (c) for export or (d) flours, meals, hominy and hominy grits packed in cartons the net contents of which are less than five (5) pounds, provided the number of pounds net weight shall be clearly designated on the outside of the container, or (e) the exchange by mills grinding for toll. New 42-302. Net weights. Shall not apply to retailing direct to consumer to bakers or blenders; export; or in cartons of less than 5 pounds. Or exchange by mills. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1945. CORONERS' FEES IN HIGHWAY ACCIDENTS. No. 426. An Act to provide for the payment of fees to the coroners for making the investigation and filing the report required of them in case of fatal accidents on the highways of the State under Section 6 (d) of an Act approved March 24, 1939, by providing that they shall receive the same fee therefor as they do for holding inquests 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. From and after the passage of this Act each coroner of the State shall receive the same fee for making each investigation and report in cases of fatal accidents upon the several highways of this State required by Section 6 (d) of an Act approved March 24, 1939, as he now receives for holding inquests over the bodies of the dead and shall receive such fee for each fatal accident investigated and reported. Coroner's fee for investigating cases of fatal accidents upon highways. Section 2. The Department of Public Safety shall certify to each coroner upon his request the number of fatal accidents so reported by him to said Department during each calendar month and upon presentation of

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such certificate the fiscal authorities of the County in which such coroner holds office are hereby authorized and directed to pay him the fees provided herein. Department of Public Safety shall certify number of fatal accidents to coroner. Section 2A. The provisions of this Act pertaining to coroners receiving fees shall not apply in any cases where the coroner is on a salary basis in said county. Not applicable where coroner is paid a salary. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1945. RESTAURANTS, CAFES, TRAILER-PARKS REGULATED. No. 431. An Act to amend an Act approved March 29, 1937 (Ga. L. 1937, p. 624) entitled An Act to provide that no person, firm, or corporation shall establish, maintain, or operate any public dance-hall, boxing or wrestling arena or amusement place, tourist-camps and barbecue stand, for money or profit outside the limits of incorporated towns or cities in any county in this State having a population of 3,000 or more, according to the last or any future Federal census, without first obtaining the permission of the commissioners of roads and revenues or other authority in charge of such counties; etc.' and for other purposes, by adding after the words barbecue stands in the 6th line of Section 1 of said Act the words restaurant, cafe, trailer-park or other public eating house (boarding houses excluded), public taxi-cabs; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act approved March 29, 1937 (Ga. L. 1937, p. 624) entitled An Act to provide that no person, firm, or corporation shall establish, maintain, or operate any public dance-hall, etc., for money or profit outside the limits of incorporated towns or cities in any county in this State having a population of 3,000 or more, according to the last or any future Federal census, without first obtaining the permission of the commissioners of roads and revenues, etc., be and the same is hereby amended by adding after the words barbecue stands in the 6th line of Section 1 of said Act the words restaurant, cafe, trailer-park or other public eating house

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(boarding houses excluded), public taxi-cabs; so that said section when so amended, shall read as follows: Act 1937 p. 624 amended. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act, no person, firm or corporation shall establish, maintain, or operate any public dance-hall, boxing or wrestling arena amusement place, tourist-camps and barbecue stands, restaurant, cafe, trailer-park or other public eating house (boarding houses excluded), public taxi-cabs, for money or profit outside the limits of incorporated towns or cities in any county in this State having a population of 3,000 or more, according to the last or any future Federal census, without first obtaining the permission of the commissioners of roads and revenues or other authority in charge of such counties. Regulation of dance halls, amusement places, tourist camps, barbecue stands, restaurants, cafes, etc., outside incorporated towns in counties of 3,000 or more population. Section 2. Such commissioners of roads and revenues or other authority in charge of said counties shall have authority to grant or refuse such permission, or to grant the same for such time and under such regulations as they may deem proper for the public good. Such commissioner of roads and revenue or other authority in charge of said counties shall have authority to levy a license or occupational tax on such persons, firms or corporations included within the provisions of this Act. Authority granted or refused. License tax. Section 3. Any person, firm or corporation establishing, maintaining or operating any such establishment as herein set forth without securing said permission, shall be guilty of a misdemeanor and such establishment shall be subject to be abated as a nuisance. Misdemeanor for failure to secure permission. Section 4. Be it further enacted that all laws and parts of laws in conflict with this measure be and the same are hereby repealed. Approved March 9, 1945. INCOME TAX OF PERSONS DECEASED. 92-3118. No. 434. 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 to January 1, 1945, by amending Code Section 92-3118 by striking therefrom sub-section (g) thereof and inserting in lieu

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thereof a new sub-section (g) relating to the method of computation and accounting to be used in computing the State Income Tax of persons who die during a taxable year; to authorize the commissioner of Revenue of the State of Georgia to adopt and promulgate rules and regulations to carry out the purposes of this Act; to provide an effective date for this Act; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, as follows: Section 1. Sub-section (g) of Code Section 92-3118 of the Code of Georgia of 1933 as amended to January 1, 1945, is hereby repealed and a new sub-section (g) for such Code Section 92-3118 is hereby enacted as provided in Section 2 hereof: Section 2. (g) Income and expenses of a taxpayer who dies during the taxable year shall be computed on the same method of accounting (cash or accrual) as was used by the taxpayer in the preparation of the last income tax return filed by him with the Commissioner of Revenue of the State of Georgia, if such a return had been filed within the three years next preceding the date of such death. If no return had been filed within such three year period, the return of such deceased taxpayer shall be prepared on the cash method unless the Commissioner of Revenue shall certify that such method, because of particular circumstances is not reasonable to either the State or the interest of the heirs or legatees or devisees interested in such taxpayer's estate, in which event the Commissioner of Revenue may order the preparation of the return on the accrual method. Income paid to the deceased taxpayer or which would have been ultimately payable to such taxpayer shall bear such income tax as it would have borne in the hands of the deceased taxpayer, regardless of the person who shall ultimately make payment to the State of the particular tax. Provided that income arising from installment contracts as defined by the Commissioner of Revenue of the State of Georgia shall be taxable in the decedent's final return unless a computation of such income and the tax due therefrom shall be filed with the Commissioner of Revenue within six months of the date of death together with a bond satisfactory to the Commissioner conditioned to pay such taxes, as such obligations are paid, together with any interest which may accrue thereon and all costs of collection thereof and provided further that the date of payment is fixed and determinable at the time of the

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original taxpayer's death and is not extended by the person, firm or corporation acquiring title thereto. Method of computing income tax of decedents. Section 3. The Commissioner of Revenue of the State of Georgia is hereby authorized to adopt and promulgate such rules and regulations as will affect the several purposes herein set forth. Rules by Commissioner of Revenue. Section 4. This Act shall be effective from the date of its passage by the General Assembly and its signing by the Governor and shall control all income tax returns filed with the Commissioner of Revenue of the State of Georgia after the said effective date of this Act. Effective date. Application. Approved March 9, 1945. WORKMEN'S COMPENSATION FOR LOSS OF THUMB 114-406. No. 435. An Act to amend section 114-406 of the 1933 Code of Georgia by striking from subsection (a) the figure 30 and inserting in lieu thereof the figure 60, so that the compensation for the loss of a thumb shall run for 60 weeks as provided in the original Workmen's Compensation Act, instead of for 30 weeks as this provision of said Act was erroneously codified in said Code section, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, subsection (a) of Section 114-406 of the 1933 Code of Georgia be and the same is hereby amended by striking the figure 30 wherever the same appears and inserting in lieu thereof the figure 60, so that when subsection (a) is amended it will read as follows: (a) Loss of a thumb, 50 per centum of the regular weekly wages during 60 weeks. Workmen's Compensation for loss of thumb.

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All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1945. WORKMEN'S COMPENSATIONCOMPUTING COMPENSATION. 114-402. No. 436. An Act to repeal Section 114-402 of the Code of Georgia of 1933 relative to the basis of computing compensation of an injured employee under the Workmen's Compensation Act and to enact in lieu thereof a Code Section of the same number and covering the same subject matter, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That Section 114-402 of the Code of Georgia of 1933 be and same is hereby repealed and there is hereby enacted in lieu thereof another Code Section bearing the same number, which when enacted shall read as follows: Section 114-402. Basis of Computing Compensation. Except as otherwise provided in this title, the average weekly wages of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined, subject to limitations as to the maximum and minimum amounts provided for in Section 114-402 as amended by Act approved March 30, 1937 (Acts 1937, pages 528 and 531 and Section 114-413 as amended by Act approved February 14, 1939) (Acts 1939, page 234) as follows: Basis for Computing workmen's compensation (1) If the injured employee shall have worked in the employment in which he was working at the time of the injury, whether for the same or another employer, during substantially the whole of thirteen weeks immediately preceding the injury, his average weekly wage shall be one thirteenth of the total amount of wages

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earned in such employment during the said thirteen weeks. (2) If the injured employee shall not have worked in such employment during substantially the whole of thirteen weeks immediately preceding the injury, the wages of a similar employee in the same employment who has worked substantially the whole of such thirteen weeks shall be used in making the determination under the preceding paragraph. (3) If either of the foregoing methods cannot reasonably and fairly be applied the full time weekly wage of the injured employee shall be used. (4) If compensation is due for a fractional part of the week, the compensation for such fractional part shall be determined by dividing the weekly compensation rate by the number of days employed per week to compute the amount due for each day. Section 2. Be it enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1945. COMMISSIONER OF LABORRULES. No. 437. An Act to amend an Act approved March 25, 1937, entitled an Act to provide for the establishment of a Department of Labor, and for other purposes, by transferring to the Commissioner of Labor the duty of making rules, or changing rules, for the purpose of preventing accidents and occupational disease in employment and places of employment in this state; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. Section 1. Section 9 of an Act of the General Assembly of Georgia approved March 25, 1937 (Acts of 1937, pp. 230 et seq.) is amended by striking subsection (d) in its entirety and inserting in lieu thereof another subsection, to be designated subsection (d), and to read as follows:

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(d) To make and promulgate such rules, or changes in rules, as he may deem advisable for the prevention of accidents or the prevention of industrial or occupational diseases in every employment or place of employment, and such rule, or changes in rules, for the construction, repair and maintenance of places of employment, places of public assembly, and public buildings as he may deem advisable to render them safe. The Commissioner may appoint committees composed of employers, employees and experts to suggest rules or changes therein. Authority of Commissioner of Labor. Section 2. Section 11 of said Act approved March 25th, 1937, is amended by striking therefrom the words Industrial Board wherever the same occur, and substituting in lieu thereof the words Commissioner of Labor, so that said section, when amended will read as follows: (See Acts 1943, pp. 167, 168.) Section 11. Public Hearings On Proposed Rules. Before any rule is adopted, amended or repealed, there shall be a public hearing thereon, notice of which shall be published at least once not less than ten days prior to such hearing in such newspaper or newspapers as the Commissioner of Labor may prescribe. Public hearings on rules proposed by Commissioner. Section 3. Section 12 of said Act approved March 25, 1937, is amended by striking the word Board wherever the same occurs in said section and inserting in lieu thereof the words Commissioner of Labor, so that said section, when amended, shall read as follows: (See Acts 1943, p. 167 et seq.) Section 12. Effective Date of Rules; Publication. (a) The rules and all amendments and repeals thereof shall unless otherwise prescribed by the Commissioner of Labor, take effect twenty days after the first publication thereof and certified copies thereof shall be filed in the office of the Secretary of State. Effective date, and record, of rules. (b) Every rule adopted and every amendment or repeal thereof shall be published in such manner as the Commissioner of Labor may determine and the Commissioner of Labor shall deliver a copy to every person making application therefor. The Commissioner of Labor shall include the text of such rule, or amendment

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thereto, in an appendix to the annual report of the Department of labor next following the adoption or amendment of such rule. Publication. Section 4. Section 13 of said Act approved March 25, 1937, is amended by striking the words Industrial Board wherever they occur, and by inserting in lieu thereof the words Commissioner of Labor; and by striking the word Board wherever the same occurs and inserting in lieu thereof the word Commissioner, so that said section, when amended, will read as follows: (See Acts 1943, p. 167 et seq.) Section 13. Variations. If there shall be practical difficulties or unnecessary hardships in carrying out a rule of the Commissioner of Labor, the Commissioner, after public hearing, may make a variation from such requirements if the spirit of the rule and law shall be observed. Any person affected by such rule, or his agent, may petition the Commissioner for such variation stating the grounds therefor. The Commissioner shall fix a day for the hearing on such petition and give reasonable notice thereof to the petitioner. A properly kept index of all variations shall be kept in the office of the Department of Labor and open to public inspection. Variations from rules Section 5. Section 14 of said Act approved March 25, 1937, is amended by striking the word Board wherever the same occurs and inserting in lieu thereof the words Commissioner of Labor, so that said section, when amended, will read as follows: (See Acts 1943, p. 167 et seq.) Section 14. Petition and Hearing. (a) Any person in interest, or his authorized agent may petition the Commissioner of Labor for a review of the validity or reasonableness of any rule made under the provisions of this Act. Hearing on reasonableness of rule. (b) The petition shall be verified, shall be filed with the Commissioner of Labor and shall state the rule proposed to be reviewed and in what respect it is claimed to be invalid or unreasonable. The Commissioner of Labor may join in one proceeding all petitions alleging invalidity or unreasonableness of substantially

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stantially similar rules. The filing of such petition shall operate to stay all proceedings under such rule until the determination of such review. (c) The Commissioner of Labor shall order a hearing if necessary to determine the issue raised, or if the issues have been considered in a prior proceeding, the Commissioner of Labor, without hearing, may confirm his previous determination. Notice of the time and place of hearing shall be given to the petitioner and to such other persons as the Commissioner of Labor may determine. (d) If the Commissioner of Labor finds that the rule is invalid, or unreasonable, he shall revoke or amend the same. Section 6. Section 15 of the said Act approved March 25, 1937, is amended by striking therefrom the word Board wherever the same occurs and inserting in lieu thereof the words Commissioner of Labor; by striking therefrom the words Department of Labor wherever the same occur and inserting in lieu thereof the words Commissioner of Labor, so that said section, when amended, will read as follows: (See Acts 1943, p. 167 et seq.) Section 15. Review of Rules. (a) Any employer, owner, or other person in interest being dissatisfied with any rule of the Commissioner of Labor may commence an action in the Superior Court of the county wherein such employer, owner, or other person in interest resides, or has his principal place of business, against the Commissioner of Labor as defendant to enjoin and set aside any such rule on the ground that the rule is unlawful, or that any such rule is unreasonable, in which action the defendant shall be served with a copy of the complaint. Service of the complaint may be made by serving a copy of a second original by the sheriff, or any deputy sheriff of any county wherein the Commissioner of Labor may be found. Review of rules. Section 7. Be it enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1945.

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PART II LOCAL AND SPECIAL LAWS

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McINTOSH COUNTY COMMISSIONERS ACTS REPEALED. No. 2. An Act to repeal in its entirety an Act approved March 8, 1939 (Acts 1939, pp. 667-668) entitled an Act to amend the Act of February 26th, 1876, creating commissioners for McIntosh County as amended by an Act approved July 31, 1913, so as to have said commissioners elected for a term of two years; and to create commissioner's districts; to provide qualifications for commissioners; to provide for nomination of candidates for such districts; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That an Act approved March 8, 1939 (Acts 1939, pp. 667-668) entitled an Act to amend the Act of February 26, 1876, creating commissioners for McIntosh County, as amended by an Act approved July 31, 1913, so as to have said commissioners elected for a term of two years; and to create commissioner's districts; to provide qualifications for commissioners; to provide for nomination of candidates for such districts be and the same is hereby repealed in its entirety. Acts repealed. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved January 25, 1945. DEKALB COUNTYBOND COMMISSION. No. 3. An Act To create a Bond Commission for DeKalb County, Georgia; to provide for its membership and duration; to define its duties; to provide compensation for its members and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same that from and after the passage of this Act,

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there is created in and for the County of DeKalb a Bond Commission to be composed of eleven members besides the Commissioner of Roads and Revenues of said County, who is hereby made an ex-officio member, which Bond Commission is given the sole and exclusive power in performing the duties hereinafter provided. Bond Commission created. Section 2. The first members of said Bond Commission shall be the following: C. H. Blount, Clyde Z. Walker, Reid Cofer, L. J. Cassells, L. E. Moorehead, Ben T. Pierce, J. J. Scott, W. Sam Smith, Dr. T. W. Stewart, W. D. Thomson, Fred L. Cannon and Scott Candler, the present Commissioner of Roads and Revenues of said County. Members designated. The ex-officio member shall serve so long as he remains in office as Commissioner of Roads and Revenues of said County and his term of office on said Bond Commission shall expire when and if he shall cease to be the Commissioner of Roads and Revenues of said County and he shall be succeeded by the Commissioner of Roads and Revenues who succeeds to that office. Ex-officio member. The other members of said Commission shall serve for a term of four (4) years beginning January 1, 1945 and until their successors shall be named as hereinafter provided or until the purposes of this Act have been completed. In case a vacancy in the Commission shall result from death, resignation or otherwise, it shall not be filled until a vacancy occurs which would reduce the number of said Commission, exclusive of the ex-officio member, to six (6), in which event such vacancy shall be filled by election at the first session of the Grand Jury of the County following said vacancy, and thereafter, said Commission shall be composed of six (6) members, exclusive of said ex-officio member. Terms. The Grand Jury convening next before the expiration of the terms of the members of said Bond Commission shall elect successors to those in office and such successors shall take office on January 1st of the year follow such election. Successors elected by Grand Jury. Section 3. Be it further enacted by the authority aforesaid that it shall be the duty of the Bond Commission

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and it is empowered to supervise and control the expenditures of all monies raised by the issuance and sale of all direct obligation bonds of DeKalb County and shall approve the execution of any and all contracts and the employment of architects and engineers; approve the compensation therefor; to determine the roads and bridges to be constructed and repaired; the location of any parks or public buildings to be acquired, constructed or improved; to do any and all acts which may be necessary and proper to provide for the expenditure of said funds for the best interests of said County. Powers and Duties. Section 4. That said Bond Commission is also authorized and empowered to invest any and all monies raised by the issuance and sale of said bonds which cannot be immediately used for the purposes for which said bonds were voted, in any securities which are now legal investments for sinking fund purposes. Investment in legal securities Section 5. Said Commission shall keep full and accurate minutes of all meetings of said Commission and shall exercise the powers herein authorized by resolutions duly and regularly adopted at such meetings, which resolutions shall have binding effect upon the Commissioner of Roads and Revenues of said County and any other officers of said County who may be affected thereby. Said Commission shall provide the time and place for its regular meetings and the means and methods of calling special meetings and a majority of the Commission shall constitute a quorum and the actions at any meeting where such a quorum is present shall be binding upon the entire Commission. Said Commission shall elect one of its number as Chairman, one as Vice Chairman and one as Secretary, who shall perform the usual duties of such offices and such other duties as may be prescribed by the Commission. The ex-officio member shall not be eligible for any of said offices. Minutes. Meetings. Election of Chairman and Vice Chairman. Section 6. Each member of said Bond Commission shall receive per diem compensation for his services to be fixed by the Commission not in excess of Ten ($10.00) Dollars for each meeting of said Commission which he attends; however, said Commission is authorized to pay

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not in excess of Ten ($10.00) Dollars per day for any actual services rendered by any member of said Commission, who renders such service upon direction by said Commission. Per diem. Section 7. The powers and authority herein granted to said Bond Commission shall terminate when all monies arising from the sale of the bond issue voted on November 7, 1944 has been completely expended, unless within said time additional bond issues have been voted. In which event, if the Grand Jury of said County, which convenes next after the passage of such bond issue, shall so recommend in its presentments, the power and authority of said Bond Commission shall be extended until all monies arising from the sale of such additional bond issues shall have been expended. Termination of authority. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 25, 1945. McINTOSH COUNTY COMMISSIONERS' DISTRICTS. No. 4. An Act To amend the Act of February 26, 1876, creating Commissioners of McIntosh County, as amended by an Act approved July 31, 1913, so as to have said Commissioners elected for a term of two years; to create Commissioner districts; to provide for qualifications for Commissioners; to provide nomination of candidates from such districts; provision for voters to vote in different districts; 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 shall be five (5) Commissioner districts in McIntosh County as follows: (a) District Number One (1) shall consist of the county at large; (b) District Number Two (2) shall consist of the City of Darien, being 1771st Militia District, and that portion of the 271st Militia District lying south of the Darien

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river; (c) District Number Three (3) shall consist of the 1514th Militia District and all of the 1480 Militia District except that part lying north of the South Newport-Jones road and east of the Seaboard Railroad right of way; and any part of the 1515 District lying west of the Coastal Highway; (d) District Number Four (4) shall consist of the 22nd Militia District and that part of the 1480 Militia District lying north of the South Newport-Jones Road and east of the Seaboard Railroad right of way; (e) District Number Five (5) shall consist of the 1312 Militia District and all of the 1515th Militia District lying east of the Coastal Highway, and all of the 271st Militia District lying north of the Darien river. Districts designated. Section 2. Be it further enacted by the authority aforesaid, that the term of office of each Commissioner shall be for two years. They shall be elected by the qualified voters of McIntosh County. The Commissioner elected from each District shall have been a resident of said District at least twelve months before the election, and a freeholder in McIntosh County. In any primary or general election for the nomination or election of candidates of a political party for Commissioners of McIntosh County, the candidates shall be nominated from the District in which they reside and voted and elected by the voters of the entire county; except the candidate from (a) District Number One (1) shall be nominated from the County at Large and elected by voters of the entire county. Terms of Commissioners. Election. Section 3. Be it further enacted by the authority aforesaid, that any voters living in one commissioner's district but desiring to vote in another for reasons of convenience may do so. Section 4. Be it further enacted by the authority aforesaid that the commissioners nominated at the next primary or primaries and elected at the next general election shall begin the performance of their duties of office January 1, 1947. Duties begin January 1, 1947. Section 5. That all laws and parts of law in conflict herewith be and the same is hereby repealed. Approved January 25, 1945.

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RANDOLPH ROAD DISTRICTS. No. 5. An Act To amend an Act approved February 13, 1935, Georgia Laws 1935, pp. 778-784, as amended by an Act approved March 11, 1943, Georgia Laws 1943, pp. 1103-1105, to create a Board of Commissioners of Roads and Revenues for the County of Randolph, State of Georgia; to provide for the appointment, qualification and election of the members thereof; to prescribe their terms of office, their powers, duties, and compensation; to provide for the appointment of a clerk by said board; to provide that each commissioner shall reside in the road district from which he is elected; to provide that all the qualified voters of Randolph County shall vote for each 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 Act approved February 13, 1935, Georgia Laws 1935, pp. 778-784, as amended by an Act approved March 11, 1943, Georgia Laws 1943, pp. 1103-1105, 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 terms of office, their powers, duties, and compensation; to provide for the appointment of a clerk for said Board; and for other purposes; be and the same is hereby amended by repealing Section 2 of said Act as same appears on page 779 of the Acts of 1935, which reads as follows: Acts amended. Section 2 of Act 1935 repealed. Be it further enacted by the authority aforesaid, that for the purpose of this Act the County of Randolph shall be divided into five road districts, as follows: General Militia District Number 718 known as the Cuthbert District, shall constitute district number one; General Militia Districts Numbers 947 and 934 locally known as the Fifth and Carnegie Districts

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shall constitute district number two; General Militia Districts Numbers 1131 and 954 locally known as Coleman and Springvale Districts shall constitute district number three; General Militia Districts Numbers 1566 and 777 locally known as the Benevolence and Brooksville District shall constitute district number four; and General Militia Districts 1334 and 998 locally known respectively as Shellman and the Fourth shall constitute district number five. One commissioner shall be elected by each road district for the territory embraced in said district and shall be nominated and elected by the voters residing within the territory comprising his respective district. And substituting in lieu thereof a new section to be known as Section 2, which shall read as follows: Substituted Section. Section 2. Be it enacted by the authority aforesaid, that for the purpose of this Act the County of Randolph shall be divided into five road districts, as follows: General Militia District Number 718, known as the Cuthbert District, shall constitute district number one; General Militia Districts numbers 947 and 934, locally known as the Fifth and Carnegie Districts, shall constitute district number two; General Militia Districts Numbers 1131 and 954, locally known as Coleman and Springvale Districts, shall constitute district number three; General Militia Districts Numbers 1566 and 777, locally known as the Benevolence and Brooksville Districts, shall constitute district number four; and General Militia Districts Numbers 1334 and 998, locally known respectively as Shellman and the Fourth shall constitute district number five. One commissioner shall be elected whose residence is in each road district for the territory embraced in said district, and shall be nominated and elected by all voters legally qualified to vote in general elections residing within the County of Randolph, State of Georgia. Road Districts designated. Election of Commissioners. Section 3. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved January 25, 1943.

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McINTOSHZONING ACT REPEALED. No. 6. An Act To repeal in its entirety an Act approved February 10, 1939 (Acts 1939, pp. 669-683) entitled an Act granting to the Commissioners of Roads and Revenue of McIntosh County, in the State of Georgia, authority to regulate in said county, outside the limits of any city or town which now has authority to adopt and enforce zoning ordinances therein, the height, size and use of buildings and other structures, etc., and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That an Act approved February 10, 1939 (Acts 1939, pp. 669-683) entitled an Act granting to the Commissioners of Roads and Revenue of McIntosh County, in the State of Georgia, authority to regulate in said county, outside the limits of any city or town which now has authority to adopt and enforce zoning ordinances therein, the height, size and use of buildings and other structures, etc., to be and the same is hereby repealed in its entirety. Zoning Act 1939 repealed Section 2. That all laws and parts of law in conflict herewith be and the same is hereby repealed. Approved January 25, 1945. RANDOLPH TAX COMMISSIONER CREATED. REFERENDUM. No. 7. An Act To abolish the offices of Tax Collector and Tax Receiver in and for the County of Randolph; to create in their stead a County Tax Commissioner for Randolph County, Georgia as authorized by the General Assembly of Georgia in the Act approved August 18, 1924, and ratified as constitutional amendment article

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11, section 3, paragraph 1; to define the powers and duties of said Commissioner; to provide the amount of his compensation, and method and time of payment; to provide for the collection of taxes, fees, cost and commissions due when such officer goes into office; to designate where funds collected by the Tax Commissioner shall be deposited and to whom paid; to define the terms of office of said Tax Commissioner and how elected; and to provide for filling vacancies in such office to fix the amount and kind of bond to be given by such office; to provide for reports to the State and to provide for referendum; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act the office of Tax Collector and the office of Tax Receiver, for and in the County of Randolph, State of Georgia, be and the same are hereby abolished, and the office of Tax Commissioner of Randolph County, Georgia, is hereby created in lieu thereof, as is authorized by an amendment to the Constitution of Georgia approved August 18, 1924, and found on pages 815-817, Acts of the General Assembly of Georgia for 1924, and ratified as constitutional amendment article 11, section 3, paragraph 1, it being herein specifically provided, designated, and declared that such abolishment and consolidation of the office of Tax Collector and Tax Receiver shall not take effect in Randolph 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. Office of Tax Collector and Tax Receiver abolished. Tax Commissioner Created. Effective date. Section 2. Be it further enacted by the authority of the aforesaid that the office of Tax Commissioner of Randolph County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties, and liabilities of a Tax Commissioner of Randolph County, Georgia, shall be the same as the rights, duties, and liabilities now or that may hereafter be inherent in the office of

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Tax Collectors and Tax Receivers of this date, in so far as the same may be applicable. Rights, duties and liabilities of Tax Commissioner. Section 3. Be it further enacted by the authority of the aforesaid that all taxes that are due and payable at the time the provisions of this Act become effective, and all tax fi. fas. heretofore issued by the Tax Collector of Randolph County, shall have the same force and effect, and be collectible by the Tax Commissioner as issued, and all fees and costs already accrued shall be paid the outgoing officers. Taxes, fi. fas. fees accrued. Section 4. Be it further enacted by the authority aforesaid that the salary of the Tax Commissioner of Randolph County, be and the same is fixed at $3,000.00 per annum, and all commissions and fees accruing to the office of Tax Receiver and Tax Collector shall be paid into the Treasury of Randolph County. That the annual salary of $3,000.00 is to be paid in monthly installments of equal amounts. Salary. Section 5. Be it further enacted by the authority of the aforesaid that the Tax Commissioner of Randolph County, shall be elected under the same law now in force for the election of Tax Collector or Tax Receiver, and when elected, he shall be Commissioner for a full term of office then in force in Randolph County, and such term shall begin as the office of Tax Collector and Tax Receiver would have begun, if they had not been abolished. The said Tax Commissioner of Randolph County shall be required to take the same oath as is now required of Tax Collectors and Tax Receivers in this State, and such Tax Commissioner of Randolph County shall give the bond required by the State of Georgia, and such other bond to Randolph County as is now required under the existing laws for Tax Collectors, provided that the amount of the bond payable to Randolph County, or the Ordinary of said County, shall not exceed the amount now required of the Tax Collector of Randolph County. Said Commissioner shall be allowed to give a personal or surety bond, provided such bond as given must be approved by the Ordinary of Randolph County. Election. Term of Office. Bond.

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Section 6. Be it further enacted by virtue of the authority aforesaid that the Tax Commissioner shall perform all the duties and be subject to all penalties heretofore applicable to Tax Collectors and Tax Receivers of Randolph County, and shall have authority to transact any and all business heretofore transacted by either or both of such officers in regard to closing matters left unfinished at the expiration of the present terms of the Tax Collector and Tax Receiver of Randolph County. Duties. Section 7. Be it further enacted that any vacancies in the office of Tax Commissioner shall be filled as provided by law for filling vacancies in the office of Tax Collector of such County. Vacancy. Section 8. Be it further enacted by virtue of the authority aforesaid that all deposits of money collected from tax or other forces as are now collected by the Tax Collector of Randolph County or by the Tax Receiver which are public funds shall be deposited by such Tax Commissioner of Randolph County in the duly designated County depository of Randolph County. Money deposited in County depository. Section 9. Be it further enacted by virtue of the authority aforesaid that the Tax Commissioner of Randolph County be and he is hereby required to make such reports to the State authorities as are now required or may hereafter be required of Tax Collectors or Tax Receivers of this State. Reports Section 10. Be it further enacted by the authority aforesaid that this Act will not go into effect until the same has been submitted to the qualified voters of Randolph County in a special election to be had on Tuesday following the first Monday in August, 1945. On the date of said election the Ordinary of Randolph County, shall furnish said voters with ballots upon which shall be printed, For ratification of the Act abolishing the office of Tax Collector and Tax Receiver of Randolph County, and for substituting in lieu thereof, the office of Tax Commissioner, and Against ratification of the Act abolishing the office of Tax Collector and Tax Receiver, and substituting in lieu thereof, the office of Tax Commissioner. Referendum.

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Section 11. If a majority of those voting in said election vote for ratification, this Act shall take effect and the Tax Commissioner shall be elected at the next regular primary. Ratification. Section 12. The returns of said election, after the managers have consolidated the same, shall be made to the Ordinary of said County, who shall declare the result of said election. Returns of election to Ordinary. Section 13. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 25, 1945. CANDLER TAX COMMISSIONERCOMPENSATION. No. 10. An Act To amend an Act approved August 20, 1925, Georgia Laws, 1925, pp. 584-586, creating the office of Tax Commissioner of Candler County, prescribing the duties of said Tax Commissioner, and fixing his compensation by striking from said Act all of Section 4 as same appears on pages 584-585 of the Acts of 1925, and inserting in lieu thereof, a new section to be known as Section 4, providing for changing the compensation paid to said Tax Commissioner from the fees allowed by law to Tax Collectors of Candler County, to the fees allowed to Tax Receivers for receiving on all State taxes, and one-half of the amount allowed to Tax Receivers for receiving all County 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. Be it further enacted that the Act creating the office of Tax Commissioner of Candler County approved August 20, 1925, Georgia Laws 1925, pp. 584-586, be amended by repealing Section 4 of the Acts of 1925, as same appears on pages 584-585, and inserting in lieu thereof, a new section to be known as Section 4 which said Section 4 reads as follows: Section 4 Act of 1925, pp. 584-585 repealed.

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Section 4. Be it further enacted by the authority aforesaid, that said County Tax Commissioner shall receive for his services the same fees and commissions as are now allowed by law to Tax-Collectors of Candler County for their compensation for collecting taxes, and said officer shall receive no further compensation whatever. New Section 4 compensation. And inserting in lieu thereof, a new section to be numbered Section 4, which reads as follows: Section 4. From and after the passage of this Act, the Tax Commissioner of Candler County shall receive for his services the same fees and compensation as allowed by law for collecting taxes, and in addition thereto, shall receive the fees allowed by law for the Tax Receiver, receiving taxes on all of the State taxes and one-half of the fees allowed Tax Receivers for Candler County for receiving County taxes. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 24, 1945. WALTON COMMISSIONERSCOMPENSATION. No. 12. An Act To amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Walton, State of Georgia, to provide for the election of said Board; to prescribe their duties, powers, qualification, and compensation, etc., approved March 6, 1939, and being published in the Acts of 1939 pages 765 to 770; to repeal all laws in conflict with this Act and for other purposes, so as to amend Section 4 on Page 768 of the Acts of 1939 by striking the words Seventy Five in the 3rd line of said section, and inserting therefor, the words One Hundred and Fifty; and by striking the words eighteen hundred in the 3rd line of Section 14 of said Act on page 769 of the Acts of 1939 and inserting

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therein the words Twenty Four Hundred; and by striking the words sixty in line 7 of said section and inserting the words two hundred and fifty. To repeal all laws and parts of laws in conflict with Act and for other purposes. Section 1. Be it enacted, and it is hereby enacted by the authority of the General Assembly of Georgia, that Section 4 on page 768 of the Acts of the General Assembly of Georgia, approved March 6th, 1939, and found in Georgia Laws for 1939, pages 765 to 770, be amended by striking the words Seventy-Five and inserting in lieu thereof the words One Hundred and Fifty in line three of said section 4, on page 768, Acts 1939 and said section is so amended. Act 1939 Section 4 amended. Section 2. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that section 14 on page 769 of the Acts of 1939, Georgia Laws 1939, be and the same is hereby amended by striking the words eighteen hundred and inserting in lieu thereof the words twenty four hundred in line 7 of section 14 on page 769 of Georgia Laws 1939 and said section is so amended. Act 1939 Section 14 amended. Section 3. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 14 of the Act approved March 6th, 1939 be amended by striking the words sixty in line 7 of said section on page 769 and inserting in lieu thereof the words two hundred and fifty. Act 1939 Section 14 amended. Section 4. Be it further enacted by the authority aforesaid, that any and all laws in conflict with this Act be and the same are hereby repealed. Approved January 25, 1945.

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BAINBRIDGE CITY COURT SALARIES. No. 13. An Act To amend Acts Amending an Act establishing the City court of Bainbridge, approved November 27th, 1900 and amendments there-to (Georgia Laws 1900, page 104) and especially amending an Act amending Acts establishing said City Court of Bainbridge, approved December 29th, 1937, (Georgia Laws 1937-1938, page 687) providing that the salary of the Judge and of the Solicitor of said City Court of Bainbridge, shall be three thousand dollars ($3,000.00) per annum. And further providing that said increased salaries shall begin and be effective upon the passage and approval of this Act; and further providing for the payment of said salaries monthly; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved December 29th, 1937 (Georgia Laws 1937-1938, page 687), be and the same is hereby amended by striking from sections One and Four of said Acts, wherever they appear, the words and figures twenty four hundred dollars ($2400.00) and inserting in lieu thereof the words and figures three thousand dollars ($3000.00), so that when said Act is amended the same shall provide and fix the salary of the Judge of the City Court of Bainbridge, and of the Solicitor of the City Court of Bainbridge at three thousand dollars ($3000.00) each per annum instead of twenty four hundred dollars ($2400.00) as fixed and set forth in said Act in (Georgia Laws 1937-1938 page 687). Salaries of Judge and Solicitor. Section 2. Be it further enacted by the authority aforesaid that section 3 of the Act approved December 29th, 1937 (Georgia Laws 1937-1938, page 687) be and the same is hereby amended striking from said section three of said Act the words and figures twenty four hundred dollars ($2400.00) wherever they appear in said section and relating to the salary of the Judge and

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of the Solicitor of said City Court of Bainbridge, and inserting in lieu thereof the words and figures three thousand dollars ($3000.00). Section 3. Be it further enacted by the authority aforesaid, that the Act approved December 29th, 1937, (Georgia Laws 1937-1938 page 687) be, and the same is hereby amended by striking from section four of Act the words and figures: twenty four hundred dollars ($2400.00) whenever and wherever they appear in said section and said Act dealing with the salary of the Judge and of the Solicitor of the City Court of Bainbridge, and inserting in lieu thereof the words and figures three thousand dollars ($3000.00). Section 4. Be it further enacted by the authority aforesaid, that it is the purpose of and intention of this Act to increase and fix the salary of the Judge and of the Solicitor of the City Court of Bainbridge at three thousand dollars ($3000.00) each per annum. Salaries of Judge and Solicitor $3,000.00. Section 5. Be it further enacted, that all Acts and all laws heretofore enacted amending the original Act creating the City Court of Bainbridge, approved November 27th, 1900, (Georgia Laws 1900 page 104) fixing the salary of the Judge and of the Solicitor of the City Court of Bainbridge, are hereby amended as to the salary of the Judge and of the Solicitor of said City Court of Bainbridge and the same is hereby amended. So that upon the passage and approval of this Act and beginning upon the approval hereof shall upon the date of approval provide and fix the salary of the Judge and of the Solicitor of said City Court of Bainbridge, at three thousand dollars ($3000.00) per annum. Acts amended. Section 6. Be it further enacted by the authority aforesaid that the salary of the Judge and of the Solicitor of said City Court of Bainbridge, fixed and provided as aforesaid, shall be effective upon the approval of this Act and that the salary of the Judge and of the Solicitor of said City Court of Bainbridge, shall be paid in equal monthly payments of two hundred fifty dollars ($250.00) each to be paid on the 1st day of each month,

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beginning on the first day of the month following the approval of this Act and on the first day of each month thereafter out of the Treasury of Decatur County, Georgia. Effective date. Section 7. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved January 29, 1945. CARROLL COMMISSIONERSAMENDMENTS. No. 16. An Act To amend the Act creating the Board of Commissioners of Roads and Revenues of Carroll County, of the Georgia Legislature under Acts of 1943, to clarify, supersede and modify said Acts of 1943; to provide for Chairman of the Board of Commissioners of Roads and Revenues of Carroll County, the election thereof; to define his duties and powers; to provide a Clerk of said Board; to define his duties; and to otherwise clarify and supersede said Acts of the Legislature, 1943, creating the Board of Commissioners of Roads and Revenues of Carroll County; to define the powers of the Board; fix salaries, 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 the Board of Commissioners of Roads and Revenues having been created by the Acts of Georgia Legislature, 1943, as appears on pages 844 to 855, inclusive; that the Board as duly elected under said Act shall elect at its first meeting a Chairman of the Board; said Chairman to be elected from the members of the Board duly elected by the people and shall hold his office for the term for which he is elected. In the event of a vacancy, or disqualification for any cause, the remaining members of the Board shall have the right to designate a Chairman Pro Tem pending the unexpired

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term to which Chairman was elected, who shall perform all of the duties as required of the Chairman, or preside in his absence. Chairman. Chairman Pro Tem. Section 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, that should a vacancy occur in the membership of said Board by death, resignation or otherwise, the Ordinary of Carroll County, Georgia, shall within twenty days after such vacancy call an election to elect any member, or members to fill the unexpired term caused by such vacancy. Said election to be held as provided by the laws for holding a general election under general statutes. Notice of said election shall be in the newspapers wherein Sheriff's advertisements are required to be published. In the event of a vacancy of all members of the Board pending any election caused by such vacancy, the Ordinary of said County shall perform the duties of the Board only pending the said election. Vacancy. Election. Section 3. Be it further enacted that the Board of Commissioners of Roads and Revenues as herein provided shall hold a meeting once a month, on the first Tuesday in each month, from day to day, and from time to time as the Board may deem necessary or expedient. Special meetings may be called by the Chairman herein provided upon his own initiative if he deems it expedient or when requested so to do in writing by a majority of the members of the Board, provided each member shall be given notice in writing of said special meeting two days before; however, such notice may be waived by attending such meeting and assenting thereto. Meetings. Section 4. Be it further enacted that the Executive Director heretofore named by the Board of Commissioners of Roads and Revenues of Carroll County, Georgia, under the Acts of Georgia Legislature, 1943, creating said Board shall be and is designated the Chairman of said Board of Commissioners of Roads and Revenues of said County under this Act. Executive Director as Chairman. That the purpose and intent of this Act is to substitute Chairman of the Board in lieu of Executive Director or

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Clerk of the Board as designated and set forth in the original Acts of Georgia Legislature, 1943, creating Board of Commissioners of Roads and Revenues of Carroll County, Georgia. Section 5. Be it further enacted that the Chairman of the Board of Commissioners of Roads and Revenues of Carroll County, shall preside at all meetings, see that a correct record of all business transacted in such meetings shall be kept and spread upon the Minutes of said meetings in a book kept for that purpose. It shall be necessary for a majority of the members of the Board to vote in the affirmative on any question in order to constitute a legal action, which said vote on any and all questions shall be entered upon the Minutes and records of said Board. Minutes. Section 6. Be it further enacted, that the Board of Commissioners of Roads and Revenues of Carroll County shall be and are delegated with the authority to employ a clerk to keep the records, minutes and books of the Board of Commissioners of Roads and Revenues of Carroll County. Said Clerk shall be elected by the affirmative vote of the majority of the members of said Board; he shall not be less than twenty-five years of age and shall have had practical experience in keeping books and records; he shall be employed at the pleasure of the Board, at a maximum salary not to exceed eighteen hundred ($1800.00) dollars annually, payable monthly. No approval by the Ordinary of said County shall be necessary. Clerk. Qualifications. Salary. Section 7. Be it further enacted, that wherever or whenever the approval of the Ordinary of said County is required under said Acts of Georgia Legislature, 1943, creating the Board of Commissioners of Roads and Revenues of Carroll County, Georgia, same be and is hereby expressly repealed. The said Board of Commissioners of Roads and Revenues of Carroll County, Georgia are hereby vested with full and complete authority over all county matters as fully and completely as heretofore vested in the office of Commissioner of Roads and Revenues of

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Carroll County, Georgia, created under Acts of Georgia Legislature, August 17, 1908, recorded in said Acts 1908, pages 282-284. Authority. Section 8. Be it further enacted, that wherever Executive Director, or Clerk appears in the Acts of Georgia Legislature, 1943, creating the Board of Commissioners of Roads and Revenues of Carroll County, Georgia, same is hereby expressly superseded by having the Chairman of the Board of Commissioners of Roads and Revenues of Carroll County to perform said duties and the Act is superseded, clarified and modified to that extent. Section 9. Be it further enacted, that the Chairman shall preside at all meetings of the Board and have the Clerk of said Board present to keep a record of transaction of all business before the meeting of the Board; said Minutes and records shall be kept in permanent books. The Chairman shall keep himself informed of the conditions of the roads and county property 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 a 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 a permanent record of the Board, and open to inspection; he shall keep in touch with the State and Federal authorities who have charge of roads and road building, to secure all information he can with respect to road building and such other information as may be useful and beneficial to the Board of Commissioners of Roads and Revenues of Carroll County; he shall sign all county warrants and checks and make all payments after having same approved, and under direction of the Board; he shall execute in the name of the County all bills of sale and conveyances of county property as directed by the Board and shall do and perform all duties as generally required of the office of Chairman, operating and conducting and in personal charge of all county affairs under the direction and approval of the Board. Duties of Chairman. Reports.

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Section 10. Be it further enacted, that the Clerk of the Board shall perform any and all duties as directed by the Commissioners of Roads and Revenues of Carroll County, or their Chairman; keep all records, countersign all warrants and checks and generally do and perform all other such clerical or other duties as may devolve upon him or as he may be directed by the Board. Before entering upon his duties he shall give a bond of $2500.00, conditioned for faithful performance of his duties and payable to the Board of Commissioners of Roads and Revenues of Carroll County. He shall not be vested with any judicial powers or duties and shall not be entitled to have a vote on any matters coming before the Board and shall perform under direction of the Board all duties as prescribed in Section 14 of the Acts of Georgia Legislature, 1943, creating Board of Commissioners of Roads and Revenues of Carroll County. Duties of Clerk. Bond. Section 11. Be it further enacted, that the Chairman of Board of Commissioners of Roads and Revenues of Carroll County shall be paid such salary as the Board shall direct not to exceed the sum of $2400.00 per year, payable monthly. In addition thereto, he may be paid such necessary traveling expenses as in the discretion of the Board it shall authorize and direct, however, not to exceed the sum of $1,000.00 per annum, to be paid when such expenses have been incurred with the approval and at the discretion of the Board. Each member of the Board of Commissioners of Roads and Revenues of Carroll County, other than the Chairman, shall be paid annually the sum of $500.00 payable in monthly or quarterly installments as said Board shall direct and said sum shall be in full compensation for service as members of the Board. The members of the Board of Commissioners of Roads and Revenues of Carroll County shall not receive any fees, or other compensation from the County funds. Compensation of Chairman and Members of Board. Section 12. Be it further enacted that said Board is hereby constituted as a purchasing agent for Carroll County: that before purchasing any material, supplies or equipment in excess of the estimated value of $1,000,

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it shall be required to receive bids, and award the purchase of the materials, supplies and equipment to the lowest and best bidder, leaving it to the discretion of the Board to accept at all times the best bid. Invitation for bids shall be given by posting notice before the Court House Door, or in a newspaper having general circulation, as to the Board may seem expedient or best. Said invitations for bids shall set forth therein a general description of the material, supplies or equipment needed, designating place of delivery. The Board of Commissioners shall consider all bids received, yet with the power and privilege reserved in the Board to reject any and all bids in their discretion may seem best and to accept such bids as they may deem in their discretion for the best interest of the County. Provided, however, that in the purchase of any war materials, or war surplus materials that may be disposed of by the United States Government, or any Governmental Agency, or the State, that it shall not be necessary to secure bids, but that the Board of Commissioners be and they are hereby vested with full authority, power and discretion to act for the County. This proviso shall also apply to any emergency or unforseen contingency which may arise in the operation of the County's affairs. No approval of the Ordinary of said County shall ever be required as to purchase of any materials or equipment for the County, or in any other matters which are vested in Commissioner of Roads and Revenues of Carroll County. Purchases. Bids. Section 13. Be it further enacted that no member of the Board or Clerk, shall have any financial interest, either directly or indirectly, in any purchase or sale of any materials, supplies or equipment or other articles furnished to the County, or purchased through or by the Board of Commissioners, or receive any rebate, expense account, or any other valuable consideration in connection with or through the purchase of any supplies or equipment for said County. No interest in purchase or sale. The violation of this section shall be cause for immediate removal by the Judge of the Superior Court of said Circuit. Penalty for violation.

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Section 14. Be it further enacted that the Grand Jury under the general law, and by this special enactment is vested with full authority to make investigation of the County's affairs; to examine the books and records of the office of the commissioners of Roads and Revenues of said County, or any members thereof, or to make such examination through any committee the Grand Jury may in its discretion see meet and proper to appointment. Investigation by Grand Jury. Section 15. Be it further enacted that the said Board of Commissioners shall have power and authority to retain and/or employ county attorneys, with authority to fix the compensation of said attorneys at a sum not less than $600.00 per annum, and to employ any additional legal counsel, that in their discretion may seem expedient or necessary, and to fix and approve compensation therefor. County Attorney compensation. Section 16. Be it further enacted that the Board of Commissioners shall prepare quarterly a condensed statement showing the financial condition of the County, which statement shall be published each quarter in a newspaper having general circulation within the County, designated as the official organ of said county, as now required by law, with the statement in said paper that the detailed itemized warrants and other accounts are on file in the Board's office, subject to and open to the inspection of any taxpayer of said County. This shall be in full compliance with Section 21, of the Acts of the Georgia Legislature, 1943, creating said Board. Quarterly statements. Section 17. Be it further enacted by the authority aforesaid that the Board of Commissioners of Roads and Revenues of said County shall have exclusive and original jurisdiction of all subject matter mentioned and embraced in Section 4238 of the Civil Code of 1895, and over such other county matters as by law have been placed under the jurisdiction of the Ordinary, or other authority having control of county matters, and of levying and collecting road tax, commutation tax, and working and maintenance of public roads, buildings, maintenance of bridges, and any and all other things necessary appertaining

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to roads, bridges, jails, county farm, court house, and other public duties as now authorized by law; and over all such county matters as was held and exercised by the Inferior Court when sitting for county purposes, prior to the adoption of the Constitution of 1868, and is vested with all authority over county matters as the original commissioner created by the Acts approved August 17, 1908, by the Acts of the Georgia Legislature. Jurisdiction. Section 18. Be it further enacted by the authority aforesaid that all laws, or parts of laws, in conflict with this Act are hereby expressly repealed. Approved January 30, 1945. CAMILLACHARTER AMENDMENTS. No. 17. An Act to amend an Act to create a new charter for the City of Camilla and for other purposes approved August 19, 1907, Acts 1907, pp. 505-514, by striking from said Act in its entirety Section 2 thereof and enacting in lieu thereof a new Section to be known as Section 2 and by providing therein that the municipal government of Camilla shall be vested in a mayor and six aldermen, who are constituted a body corporate under the name and style of the City of Camilla, to provide for perpetual succession, a common seal, and to authorize said city to purchase, have and hold, land, tenements, hereditaments, and other estates and to authorize the giving, granting, donating, selling, or leasing of any property whether located within or without said City and to provide for contracts and conveyances, to make said City capable of suing and being sued, to provide that the new City of Camilla shall succeed to the rights and liabilities of Camilla, and for 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 to create a new charter for the City of Camilla and for other purposes approved August 19, 1907, Acts 1907, pp. 505-514, be and the same is hereby amended by striking from said Act in its entirety Section 2 thereof and by enacting in lieu thereof a new Section to be known as Section 2 of said Act, which said new Section shall read as follows: Section 2 of Acts of 1907 stricken Section 2. Be it further enacted, that the municipal government of Camilla shall be vested in a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of `The City of Camilla,' and by that name and style shall have perpetual succession; shall have a common seal; shall be capable in law and equity to purchase, have and hold, receive and enjoy, possess temporarily and permanently to them and their successors for the use of the City of Camilla, whether located within or without the corporate limits of said City, any land, tenements, hereditaments, or any other estate or estates, real or personal, of whatsoever kind or nature, and shall have the power to give, grant, donate, sell, alien, exchange or lease the same, or any part thereof, and by and through the mayor and aldermen to enter into contracts and execute conveyances, and shall, by the said name of `The City of Camilla', be capable to sue and be sued, plead and be impleaded in any court of law or equity of this State, and shall succeed to all rights and liabilities of the present corporate City of Camilla. New Section 2 The City of Camilla. Powers. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith, be and the same are, hereby repealed. Approved January 30, 1945. CHATHAM COMMISSIONERS' COMPENSATION. No. 18. An Act to amend an Act which created and organized

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the Commissioners of Chatham County, who shall be ex-officio Judges, to define their jurisdiction and duties and for other purposes, approved February 21, 1873 and the several acts amendatory thereof and relating and supplementary thereto and for other purposes. Section 1. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act the Commissioners and ex-officio Judges of Chatham County shall be paid out of the Treasury of said County, in the way of salary and compensation for his services, the sum of Ten ($10.00) Dollars for each and every regular meeting of the Board of County Commissioners and Five ($5.00) Dollars for each and every extra call, recess or adjourned meeting of said Board. Compensation Section 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act that the Chairman of the Board of County Commissioners and ex-officio Judges of Chatham County can be paid, in addition to the compensation set forth in Section One of this Act, a salary. Said salary shall not exceed the sum of Two Thousand no/100_____ Dollars per year and shall be paid in monthly payments of One Hundred Sixty-Six 66/100 Dollars per month. Said salary shall only be paid upon recommendation of a majority of the members of the Board of Commissioners and ex-officio Judges of Chatham County and same shall be only authorized at a regular meeting of said Commissioners. Salary for Chairman. 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 30, 1945.

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CUTHBERTCHARTER AMENDMENTS. No. 19. An Act to amend an Act approved August 15, 1910, Georgia Laws 1910, pp. 526-576, and all amendatory Acts thereto, entitled an Act to create and incorporate the City of Cuthbert in lieu of the mayor and council of Cuthbert; to establish a system of public schools in the City of Cuthbert; and to provide for the maintenance and support of same; to provide for the election of officers and to prescribe their duties, rights, and powers; to authorize condemnation of private property for public uses; to authorize the establishment of a city chain gang; to provide that the mayor and aldermen of the City of Cuthbert shall be eligible for reelection to their respective offices; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That on and after the passage of this Act, the Act approved August 15, 1910, pp. 526-576, entitled an Act to create and incorporate the City of Cuthbert, be amended by striking the word ineligible as same appears in the second line of Section 15, page 534 of the Acts of 1910, and substituting in lieu thereof, the word eligible so that said section when amended shall read as follows: Section 15. Be it further enacted, that the mayor and each alderman of the city of Cuthbert, shall be eligible for re-election to their respective offices for the ensuing term upon the completion of their respective terms of office. No person shall be eligible to the office of mayor of said city who is not twenty-five years of age, who has not resided in the city of Cuthbert for a period of five years next preceding the date of his election, and who is not a qualified voter of said city. No person shall be eligible to the office of alderman of the city of Cuthbert who is not twenty-one years of age; who has not resided in the city of

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Cuthbert for a period of not less than three years next prior to his election and who is not a qualified voter of said city. Eligible for re-election. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 30, 1945. PEACH COUNTY TREASURER'S SALARY. No. 20. An Act to amend an Act entitled an Act to fix the salary of the County Treasurer of Peach County, Georgia; to provide for a bond for said Treasurer; and for other purposes by striking the words and figures in Section 1 $360.00 per annum and the words and figures $30.00 per month and substituting in lieu thereof the words and figures $600.00 per annum and the words and figures $50.00 per month, so as to make the salary of the Treasurer of Peach County $600.00 per annum; 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 words and figures $360.00 per annum and the words and figures $30.00 per month be stricken and the words and figures $600.00 per annum and $50.00 per month be substituted therefor, so that said section when amended shall read as follows: Section 1. From and after the 1st day of January, 1945, the salary of the treasurer of Peach County shall be $600.00 per annum. Said salary is to be paid at the rate of $50.00 per month, and is to be paid by the ordinary of Peach County and out of the treasury of said county. Treasurer's salary. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 30, 1945.

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WAYCROSSPENSIONS. No. 21. An Act to amend the charter of the City of Waycross, approved August 16, 1922, as amended by the several subsequent Acts; to provide and empower the City of Waycross, Georgia, to furnish aid and relief and to grant pensions to employees now in active service and their dependents, and to future employees and their dependents; to authorize and empower 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 or becomes totally and permanently disabled as the result of injuries in line of duty and while actually engaged in the performance of his duties; to authorize and empower said City to regulate the granting of such pensions and compensation, to define dependents of employees, and to prescribe conditions under which pensions and compensation may be paid, suspended or revoked, and to fix and to limit the amounts thereof; to authorize said City to establish a pension association and define membership therein, and to create a Board of Trustees to manage and administer the funds of the association; to provide that the City of Waycross, Georgia, may levy a tax not to exceed two (2) per cent per annum on the salaries of each and all of the employees of said city 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 $150.00 for any calendar month; to authorize and empower said city 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 said City may use other available funds to equal or match revenue received from employees as aforesaid; to provide that in case at any time there shall 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

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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 to the beneficiary; to provide that the City of Waycross may pass such ordinances as may be necessary and proper to carry out the provisions of this Act; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the City of Waycross, Georgia, be, and it is hereby authorized and empowered as follows: Section 1. The City of Waycross, Georgia, shall have the power and authority to grant a pension based on years of service and employment to employees in any, each, and all departments of the City of Waycross, and to the dependents of employees. Power to grant pensions Section 2. The City of Waycross, 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 employee loses his life or health or becomes totally and permanently disabled as the result of injuries incurred while actually engaged in the performance of his duties in the employ of said City of Waycross, Georgia. Death and disability benefits. Section 3. The City of Waycross, 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, to define dependents of employees, and to determine any and all facts relating to the granting, refusal, suspension, or revocation of pensions, compensation, or other gratuities under this Act. Powers defined. Section 4. The City of Waycross, Georgia, is authorized and empowered to create a pension association and define membership therein; and to establish, to serve

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without pay, a Board of Trustees whose duty it shall be to manage and administer the pension funds. The Board of Trustees shall consist of the City Treasurer, the Mayor and the City Manager, and four employees of the City elected by employees who are members in good standing of the Pension Association. 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 ordinance passed in pursuance thereof. Board of Trustees Powers. Section 5. The City of Waycross, Georgia, is authorized and empowered to levy and collect a tax not to exceed two (2) per cent on the salaries of all its employees in all departments affected 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 $150.00 for any calendar month, and may provide that the City Treasurer shall retain such sums from the salaries of said employees. Said City of Waycross, 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 Waycross, 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 on Salaries. Separate fund. Section 6. Any funds coming into the hands of the trustees from donations or otherwise shall be turned over to the City Treasurer and shall be disbursed under the terms of this Act, and all valid Ordinances passed and adopted in pursuance thereof. Donations. Section 7. This Act, or any Ordinance passed in pursuance thereof, shall not create a contractual relation between the City of Waycross, Georgia, and any employee thereof. In case there shall at any time be less

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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. No contractual relation created. Section 8. 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. Funds not subject to attachment, etc. Section 9. In case there should accumulate more funds than should be needed for immediate use, the authority entrusted with the pension fund is empowered to invest such excess in United States, Georgia, or Municipal Bonds, but not otherwise. Investment of excess funds. Section 10. 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 Waycross, 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 City Commission, nor to any officer elected by the people, nor to the City Physician, City Attorney, City Recorder, nor to any casual or part time employees. Words defined. Section 11. The intention of this Act is to authorize and empower the City of Waycross, Georgia, through its governing authority to provide a pension system for employees of such City, and dependents of employees, 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 12. In the event the present Federal Social Security Act is amended to include municipal employees, then the said City of Waycross 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. Federal Social Security Act Section 13. Should any section, paragraph, or clause

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of this Act be declared unconstitutional or invalid, the remainder of the Act shall not be affected thereby. Invalid part. Section 14. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved January 30, 1945. CHATTAHOOCHEE COMMISSIONERS' COMPENSATION. No. 22. An Act to amend An Act to repeal an Act approved August 5, 1913 (Georgia Laws 1913, pages 353-357), and all Acts amendatory thereof, creating a Board of Commissioners of Roads and Revenues in and for the County of Chattahoochee, providing for the appointment, qualifications, duties, etc., of the Commissioners; etc. (Ga. Laws 1937, pages 1283-1288), by amending Section 5 of said Act of 1937 so as to increase the compensation of the Commissioners from $3.00 per day to $5.00 per day of actual service, and for 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 5 of the Act of 1937 (Ga. Laws 1937, pages 1283-1288) be, and the same is hereby amended by striking the words and figures three ($3.00) dollars per day in Section 5, and substituting in lieu thereof the words and figures five ($5.00) dollars per day, so that said Section, as amended, shall read as follows: Act amended. Section 5. The Commissioners shall elect from among their number a chairman, who shall preside over the meetings of the Board. They shall also elect a clerk of said board, whose duties and compensation

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are hereinafter defined. Said board shall meet on the first Tuesday of each month, and the election of the chairman of said board shall take place on the first Tuesday in January of each year. The compensation of the members of said Board of Commissioners shall be five ($5.00) dollars per day, for each day of actual service, payable monthly, out of the county funds legally available for such purpose. Per diem. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved January 30, 1945. MARION TAX COMMISSIONER AND CLERKSALARIES. No. 23. An Act to amend An Act to consolidate the office of Tax Receiver and Tax Collector in the County of Marion, to fix the compensation for the officer performing the duties of said office when so consolidated, by striking the words and figures Twelve Hundred ($1,200.00) Dollars per annum where the same appear in Section 2 of said Act, and inserting in lieu thereof the words and figures Fifteen Hundred ($1,500.00) Dollars per annum, so as to increase the compensation of said Tax Commissioner to the sum of $1,500.00; and to provide for a clerk in the office of the Tax Commissioner of Marion County, and to provide the duties and compensation of such clerk; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act creating the office of Tax Commissioner for Marion County (Ga. Laws 1925, pages 702-705) be, and the same is hereby amended by striking the words and figures Twelve Hundred ($1,200.00)

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Dollars per annum where the same appear in Section 2 of said Act, and inserting in lieu thereof the words and figures Fifteen Hundred ($1,500.00) Dollars per annum, so that said Section, as amended, shall read as follows: Sec. 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 Marion County and shall receive as compensation therefor the sum of Fifteen Hundred ($1,500.00) Dollars per annum, the same to be paid in monthly installments, and the County Commissioners of Roads and Revenues of Marion County are hereby authorized to levy and collect a tax upon all the property of said county sufficient to pay said salary so fixed. Salary of Tax Commissioner Section 2. The Tax Commissioner of Marion County shall be, and he is hereby authorized to employ a competent person as clerk, and such clerk shall perform such duties as may be assigned by the Tax Commissioner of Marion County. The compensation of such clerk shall be Fifty ($50.00) Dollars per month, and said compensation shall be paid by the proper authorities of Marion County. The Tax Commissioner may require such clerk to make a good and sufficient bond, not to exceed Five Thousand ($5,000.00) Dollars, to faithfully account for monies received, and for the faithful performance of duties assigned by the Tax Commissioner. The salary herein provided shall be paid only in the months in which such clerk is actually employed, and the Tax Commissioner shall have the right to determine when the services of such clerk are needed. Clerk. Salary. Bond. Section 3. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved January 30, 1945.

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FULTONSCHOOL EMPLOYEES' PENSIONS. No. 24. An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County; to establish a school pension Board; to provide for the method of election for the members of said Board with power of the Board to make rules and regulations; to provide for the retirement of teachers and employees; to provide for the payment of pensions to teachers and employees on retirement; to provide for the method and manner of providing funds for the maintenance of said Pension Fund; to provide for the naming of wives and minor children as beneficiaries; to provide for computing of time of service and giving credit thereon; to provide for retirement on account of permanent disability after ten years service and continuance to beneficiary after death of pensioner; to provide for credit for service while on approved military leave; to authorize Board of Commissioners of Roads and Revenues in Fulton County to levy a sufficient tax to meet deficits in the Pension Fund; to authorize the Pension Board to receive and disburse Pension Funds; to provide that the Pension Fund shall not be subject to attachment, garnishment, judgment or assignment; to provide for the effective date of this Act and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section 1. The following terms, when used in this Act, shall have the following meanings unless the context clearly requires otherwise: 1. Board of Education means Board of Education of Fulton County or its legal successors. Words defined. 2. Teacher or employee shall include the Assistant County Superintendents, Supervisors, Directors, School Clerks, Principals, Teachers and employees

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who are regularly engaged in teaching or working in the Fulton County School System, but shall not include casual employees or employees who only work irregularly or are employed for part time service. 3. Pension Board means the School Pension Board administering this Act and the pension fund created thereunder. 4. Board of Commissioners means Board of Commissioners of Roads and Revenues of Fulton County. 5. Minor children means an unmarried child under the age of 18 years. 6. Member means a teacher or employee contributing to the pension fund before retirement. 7. Pensioner means a member after retirement under this Act or by reason of being a beneficiary. Section 2. There is hereby established in Fulton County a system for pension and retirement pay to all teachers and employees now or in the future regularly employed for the school term by the Board of Education. Pension system established. Section 3. There is hereby established a School Pension Board, whose duty shall be to administer the said Pension and Retirement Fund. Said Pension Board shall consist of one member of the Board of Education, which shall be known as Position No. 1, to be elected by the Board of Education; one member from the Board of Commissioners, to be elected by the Board of Commissioners, to be known as Position No. 2; two members shall be elected by the teachers and employees of the Board of Education, acting as a unit, to be known as Positions No. 3 and 4; and one member to be elected by the four other board members, but in case of a tie vote of the other members of the Pension Board, the Chairman of the Board of Commissioners shall appoint a member who shall not be a member of the Board of Education, or Board of Commissioners, nor a teacher or employee of said Board of Education or employed by any political subdivision, which shall be known as Position No. 5. Said members shall hold for a term of

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four years and until their successors shall have been duly elected and qualified. However, the first members to be elected shall hold as follows: Position No. 1one year; Position No. 2two years; Position No. 3three years; Position No. 4four years; and Position No. 5four years and their successors shall be elected for full terms of four years each. Their terms of office shall begin as of May 1, 1945. The said Board shall elect its own Chairman and Secretary and shall hold a regular public meeting at least once a month at a time and place to be fixed by it. The members of the Pension Board shall serve without pay. The Pension Board shall employ an Executive Secretary who shall serve at the will of the Pension Board at a salary to be designated by said Pension Board. They shall have authority to adopt rules and regulations in the administration of said Pension and Retirement Fund in carrying out the provisions of this Act and to reconcile conflicts therein if any should exist and provide for the equitable disposition of any matter not specifically covered by the provisions of this Act, provided, however, that all of such rules must be consistent with the terms and spirit of this Act. The Treasurer of Fulton County is designated as Treasurer and custodian of the said Pension and Retirement Fund and whenever any pension has been granted by said Board, a check shall be drawn on the fund, providing for the payment of the pension as the same matures, to be signed by the Chairman and countersigned by the County Treasurer and paid by the County Treasurer. Three members of the Board shall constitute a quorum and notice by the Secretary shall be given for special or called meetings of the Board. The Chairman of said Pension Board shall give a bond with a good corporate surety in the sum of $5,000.00 for his faithful performance as Chairman of said Pension Board and the County Treasurer shall give a bond with a good corporate surety in the sum of $25,000.00 for the faithful performance as Treasurer and custodian of the Pension and Retirement Fund. The premiums on said bonds to be paid as an expense of the Pension Fund. School Pension Board. Membership. Terms of office. Rules. Treasurer. Payments. Bonds. Section 4. Every teacher and employee, as defined

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herein, of the Board of Education in active service and on the payroll of the Board of Education of Fulton County as of May 1, 1945 and all future teachers and employees of said school system may, as a matter of right, retire from active service in said school system provided he shall have served (a) at least 25 years and has reached the age of 55 years, or (b) has had 20 years service and has reached the age of 60 years. It shall be compulsory for all teachers and employees to retire at the end of the fiscal school year nearest their 65th birthday. Retirement age and service. Section 5. When any teacher or employee shall retire, voluntarily or automatically, according to age, and has credit for the number of years service as provided herein, he shall be paid a monthly pension which shall, as to amount, be the equivalent of one-half of the monthly salary or wage of such teacher or employee, arrived at by taking the average monthly salary paid during the five consecutive years that the teacher or employee drew his highest monthly salary or wage. To illustrate: If the applicant for a pension during the five consecutive years in which he drew his highest monthly salary or wage drew an average monthly salary or wage of $200.00 per month, he would be entitled to an allowance of a pension or retirement pay in the sum of $100.00 per month. In no event shall the monthly allowance of the pension exceed $100.00 per month to be paid monthly for twelve months of each year. Amount of Pension. Section 6. The said Pension and Retirement Fund shall be maintained as follows: Beginning in the month of May, 1945, there shall be deducted from the salaries and wages of all teachers and employees of the Board of Education, coming under the provisions of this Act, the sum of 3% of the monthly salary of such teacher or employee, but not to exceed $6.00 per month, for each teacher or employee, which shall be paid to the Treasurer of the Pension Board. If the pensioner desires that his widow or minor child or children to succeed to his rights as pensioner, upon his death, after retirement on pension, or being eligible to retire, he may do so by designating

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his wife or minor child or children as beneficiary by paying an additional 1% of his monthly salary and not more than $2.00 per month in the said fund which will entitle his widow or minor child or children as the case may be, to 60% of the pension that he was drawing or entitled to at the time of his death which shall be paid under the conditions as set out herein. Said 1% shall be paid from the time the teacher or employee became a member of said fund. Provided, however, that before a wife or widow shall be eligible to a pension, she must have been married to the member or pensioner at least five years before he became eligible for retirement. At the beginning of each fiscal year, the Board of Commissioners shall appropriate a sum of money sufficient to match dollar for dollar the contributions made by the teachers and employees out of their salaries and wages for the previous fiscal year and in quarterly installments, pay the same out of public funds of said County to the Treasurer of the Pension Board. Fund, how maintained. Wife or minor children. Section 7. Where the pensioner has designated his wife and minor children as his beneficiaries and at the time of his death his wife is dead, then 60% of his said pension shall be paid to the guardian of the minor child or children, if there be such, until the youngest child reaches the age of 18 years. In the event the pensioner has designated a minor child or children, upon the death of such pensioner, 60% of the amount he was receiving as a pensioner shall be paid to said child or children until the youngest one reaches the age of 18 years. The interest of any minor child in such pension shall cease when he reaches the age of 18 years. Payment to Guardian of minor. Section 8. In case a teacher or employee could have secured a pension on account of length of service but failed to apply or retire before his death and had previously made provision for his wife or minor child or children as his beneficiary, such widow, or if no widow, then the minor children or child, may apply and receive 60% of the pension that said husband or father would have been entitled to. Failure to apply or retire before death. Section 9. If any teacher or employee severs his connection

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with the said Board of Education before retiring, under the provisions of this Act, or dies before being entitled to retire, then he or his estate, as the case may be, shall be entitled to a refund from said pension fund, of all contributions made by such teacher or employee less a charge not to exceed one-half of 1% per year. Refunds. Section 10. In computing the time of service that all teachers now employed are entitled to in the number of years of service, credit shall be given for all teaching experience in Georgia schools receiving public funds in whole or in part. However, for a teacher now employed by the Board of Education to receive credit for years of service for teaching outside of Fulton County any time prior to the passing of this Act, such teacher shall pay into the pension fund over a period not to exceed two years the amount of contributions that he would have paid into the present pension fund maintained by the Board of Education, based upon his initial salary paid by said Board of Education, if for such years he had been teaching in the Fulton County System. Computing time of service. Section 11. In order to maintain credit for prior service, all teachers prior to August 1, 1945 shall file with the Pension Board a certificate from the proper authorities showing the years of service of such teacher and the place of service. Credit for prior service. Section 12. The provisions for receiving credit for prior service as set out above for teachers shall likewise apply upon the same terms and conditions as to all other employees in said school system, except no prior service credit shall be given to non-teaching employees for service rendered to employer other than some branch of the Fulton County Government, or the County Governments of the Counties of Campbell and Milton, which have previously been merged with Fulton County or any independent school district that has been or may be merged with the Fulton County System. Provisions applicable to other school employees. Section 13. Any member of said Pension Fund, who shall hereafter become, because of accident or illness, totally and permanently disabled within the meaning of

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such terms as defined herein, may apply for a disability pension and, if such pension is approved by a majority of the Pension Board, the same shall be granted upon the following basis. No person shall be granted any disability pension unless such person has been in the employment of such school system for a period of ten years and shall be granted, under such rules, terms and regulations as may be fixed by the Pension Board and upon being retired on account of total and permanent disability, such pensioner shall be entitled to receive as a pension such percentage of the full pension, provided for as his years of service bear to twenty-five years. To illustrate: A person receiving a pension at the expiration of ten years of service shall be entitled to receive 10/25ths of the amount he would have received had he served a period of twenty-five years, except in no case shall he receive more than 25/25ths. The disability pension herein provided for shall be continued to the beneficiaries after the death of such pensioner at 60% of the amount paid the pensioner where a provision has duly been made by the pensioner for a beneficiary. Where no beneficiary has been named, the disability pension shall cease at the death of the pensioner. In determining whether or not a teacher or employee shall be granted a disability pension on account of accident or illness, the Pension Board shall, among other things, consider whether or not the pensioner has served the required number of years and whether or not the pensioner has complied with the laws, rules and regulations governing pensions and whether or not such person is actually totally and permanently disabled. The Pension Board shall have the applicant for a pension on account of permanent and total disability examined by competent physicians and surgeons. In passing upon the question of permanent and total disability, they may receive and consider the reports and recommendations of such examining medical officers and the applicant shall have the right to submit medical and other competent evidence on the question of his disability and right to be retired. If the Pension Board determines that the applicant is not totally and permanently disabled, the act of

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the Board shall be final. If the determination be that the applicant is totally and permanently disabled, he shall be retired subject, however, to the following conditions: (a) the Board of Trustees shall have the right to at least once a year require the pensioner to submit to a medical examination for the purpose of determining whether or not the pensioner has sufficiently recovered from his disability and is able to return to his former position; (b) if the Pension Board, after such examination, determines that the pensioner is not actually totally and permanently disabled but is able to return to his former position or employment he occupied at the time of retirement and such employment and status as to position, pay and service credit at the time of retirement is offered to such pensioner and he takes the former position or fails or refuses to take such offer, then the payment of such disability pension shall cease. Disability pension. Section 14. In the event any teacher or employee coming within the provisions of this Act shall sever his connection with the school system and withdraw the amount of money he has paid into the pension fund and is subsequently re-employed as a teacher or employee in said school system to receive credit for his former years of service, he must pay back into the Pension Fund the full amount so withdrawn on leaving the employment of said school system. In order to entitle such teacher or employee to the benefit of this section, he shall within 60 days of his re-employment signify his desire to do so in writing upon such forms as may be furnished by the Pension Board. Re-employment reinstatement. Section 15. All teachers and employees, who are on approved military leave or service in Red Cross from active employment service, may receive service credit towards retirement by making the same contribution to the said Pension Fund as they would have made if they had been on active employment service. Where a leave of absence from active employment service has been granted to one on military or Red Cross leave, said contribution shall be paid within 36 months after re-assignment by the Board of Education. No credit will be allowed

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to any teacher or employee who voluntarily re-enlists in the military service after the end of said leave, for the period of re-enlistment, unless he is granted an additional military leave by the Board of Education. Military and Red Cross leave. Section 16. A teacher, where he is granted a leave by the Board of Education for the purpose of study, or sickness, may, by making the required monthly contributions during said leave of absence, receive credit for service as if on active duty during the time that the teacher is on leave for study, or sickness, provided that no teacher shall be entitled to such credit for a time exceeding two calendar years during his total years of service. Leave of absence. Section 17. In addition to the Pension and Retirement Fund derived from the deductions of salaries and wages and the contribution by the Board of Commissioners from County funds to said Pension Fund the said Board of Commissioners in the event of any deficit in said Pension Fund shall make up said deficit from its general funds or if necessary shall levy a sufficient tax to meet said deficit. Deficits Section 18. The Pension and Retirement Fund now in existence in the Fulton County School System under the Board of Education of Fulton County shall be paid into the Pension Fund created under this Act and shall become a part of the Pension Fund created herein and shall be subject to the payment of pensions to those who are now pensioners as well as those who may retire in the future. All the teachers who have previously been retired under the terms of the present Fulton County Teachers Pension and Retirement Law, as provided for in the Georgia Laws 1937, page 892, shall continue to draw the pensions that they are entitled to by reason of their retirement under said law out of the funds transferred, as well as the pension fund to be created in the future from contributions of members as provided under this Act. Upon the Teachers Retirement Commission of the present Fulton County Teachers Pension and Retirement Fund transferring the said Pension Funds in their custody to the custody of the Treasurer of the Pension Board under this

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Act and taking a receipt therefor, the said Teachers Retirement Commission shall stand fully discharged and released from any and all future liability by reason of the provisions of the Pension and Retirement Law of 1937 and all rights that members and pensioners had in and to said prior Pension Fund are transferred and shall be against the Pension Fund created under this Act and further, the Board of Education shall be relieved from making any further contributions to said Pension and Retirement Fund. Old Pension Fund paid into Pension Fund. Section 19. The Pension Board shall have authority to receive gifts or donations of money or properties, real and personal; to receive and disburse pension or retirement funds from any State or local teachers retirement agency; to invest the pension funds in bonds that executors, administrators and guardians are authorized to invest in under the laws of this state. Gifts or donations. Investment of funds. Section 20. The Board of Education in the operation of said County School System shall, in the future in the employment of teachers or employees, require as a condition of said employment that such teacher or employee shall become a member of said Pension Fund, subject to the obligations and rights thereunder and said Board of Education shall have the authority to do whatever is necessary by rule or regulation to deduct from the salaries and wages of said teachers and employees the amounts that are required to be contributed by such teachers and employees to such Pension, and pay the same to the Treasurer of said Pension Fund. Compulsory membership in Pension Fund. Section 21. None of the funds herein provided for shall be subject to attachment, garnishment or judgment nor shall they be assigned but shall be paid to the pensioner or guardian only or on his order. Funds not subject to garnishment, etc. Section 22. This Act shall not affect nor be affected by any Workmen's Compensation Law or similar laws. Section 23. If any part or section of this Act shall be held unconstitutional, the remainder shall be in full force and effect, provided the general terms of this Act can still be carried out. Invalid part.

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Section 24. Within 30 days from date of approval of this Act, the Pension Board shall be elected and they shall hold an organization meeting not later than May 1, 1945. The effective date of this Act, as to the time the rights and obligations accrue under this Act shall be May 1, 1945. Effective date. Section 25. Any and all laws or parts of laws in conflict with this Act are hereby repealed. Approved February 2, 1945. METTER CHARTER AMENDMENTS. No. 25. An Act to amend an Act approved August 16, 1920, entitled: An Act to create a new charter for the City of Metter, in the County of Candler, and to reincorporate said city, and define its territorial limits, to continue in operation, confirm, and consolidate, all Acts heretofore passed incorporating said city and amending the charter thereof, etc., as will be found in Georgia Laws, 1920, pages 1278 to 1318, providing for a change in the Mayor's salary, Councilmen's salaries, Clerk's salary, hours of voting on election days, dividing the city into four wards, and providing for the election of one Councilman from each ward and one Councilman from the city at large. Section 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 creating a new charter for the City of Metter, approved August 16, 1920, be, and the same is, hereby amended by striking the figure 8 and the word three in the sixth line of the second paragraph of Section nine, and inserting in lieu thereof the figure 7 and the word six, so that said paragraph when so amended shall read as follows: Act 1920 amended. Said managers shall keep, or cause to be kept, two lists of voters at said election, and two tally sheets. All elections shall be held in the city hall or other

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convenient place designated by the Mayor and Council, and the voting shall be by ballot. The polls shall be opened at 7 o'clock A. M. and closed at six o'clock P. M., standard or central time. The persons receiving the highest number of votes for the respective offices, shall be elected. The managers of said election held under the provisions of this charter shall be named and appointed by the Mayor and Council, prior to the election, and the Mayor and Council shall determine and provide for the pay of the managers. Said managers shall make returns of the elections to the Clerk of the Mayor and Council and deliver all election papers and ballots to him, who shall destroy them in 30 days after such election, if no contest or contests be filed. Section [Illegible Text] to read [Illegible Text] amended. Section 2. Be it further enacted, that said charter be, and the same is, hereby amended by striking from line fourteen the figures $600.00 and inserting in lieu thereof the figures $900.00, by striking from line sixteen the figures $300.00 and inserting in lieu thereof the figures $1,800.00, by striking from line seventeen the figures $100.00 and inserting in lieu thereof the figures 200.00, of Section 25, so that section when so amended shall read as follows: Section 25. Be it further enacted, that no person is eligible to hold the office of Mayor or Councilman in the City unless he be twenty-one (21) years old, a qualified elector of the City of Metter, and shall have resided in the City of Metter for a period of one year immediately preceding his election. The Mayor and Councilmen shall, at the last regular meeting in December of each year, fix the salaries of all city officials who are to begin their term of office on the first day of January following, which salaries shall not be increased or diminished during the term for which said officers were elected, provided, however, that the salary of Mayor shall not be less than $250.00 per year nor more than $900.00; the salary of the city

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clerk or recorder-treasurer shall not be less than $150.00 per year nor more than $1800.00; and the salary of the Councilmen shall not be less than $25.00 per year nor more than $200.00 per year. Section [Illegible Text] to read [Illegible Text] amended. Qualifications of Mayor and Councilman. Salaries. Section 3. Be it further enacted by the authority aforesaid, that the City of Metter shall be divided into four wards, South-Broad Street being the dividing line running East and West, and Rountree Street being the dividing line running North and South. That part of the City of Metter North of South-Broad Street and West of Rountree Street shall be the first ward. That portion of the City of Metter North of South-Broad Street and East of Rountree Street shall be the second ward. That portion of the City of Metter South of South-Broad Street and East of Rountree Street shall be the third ward. That portion of the City of Metter South of South-Broad Street and West of Rountree Street shall be the fourth ward. Wards [Illegible Text]. Section 4. Be it further enacted by the authority aforesaid, that in the election to be held on the second Tuesday in December, 1945 a Councilman shall be elected from each of the first and second wards and one Councilman from the City at large, each of whom shall serve for a term of two years; and in the election to be held on the second Tuesday in December, 1946, a Mayor shall be elected and a Councilman from each of the third and fourth wards. Thereafter elections shall be held annually, and all terms shall be for two years. Election. Terms of office. 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 2, 1945. IRWIN SUPERIOR COURT TERMS. JURORS. No. 26. An Act to provide for the holding of three terms each

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year of Irwin 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, and the approval thereof, there shall be held in each year three terms of the Superior Court for the County of Irwin, State of Georgia, in the Tifton Judicial Circuit. Three terms. Section 2. Be it further enacted by the authority aforesaid, that the terms of said Court shall begin and be held on the third and fourth Mondays in February and November, and the first Monday in July, in each year. Terms of Court. 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 third Mondays in February and November. Trial jurors shall be drawn for the terms of said Court convening on the first Monday in July. The presiding Judge may, in his discretion, draw and require the attendance of a grand jury for the term convening on the first Monday in July or he may, in his discretion, require the attendance, in lieu thereof, upon the said July Term the same grand jury drawn for the preceding February Term thereof. It shall be left to the discretion of the presiding Judge as to whether or not there shall be a grand jury at the July Term in any year. Jurors, when drawn. Section 4. Be it further enacted by the authority aforesaid, that this Act shall not become operative until May 1st, 1945, and shall not in any way affect the holding of the regular term of said court now and heretofore held beginning on the fourth Monday in March, 1945. The first term of said Court to be held under the provisions of this Act shall be the first Monday in July, 1945. The February Term shall be deemed to begin on the third Monday in February in each year and the July Term on the first Monday in July in each year and the November Term on the third Monday in November in each year. Act [Illegible Text] operative.

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Section 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved February 2, 1945. METTER CITY COURT SALARIES. No. 29. An Act to amend the Act entitled An Act to establish the City Court of Metter, in the City of Metter, in the County of Candler, approved July 29, 1920 (Ga. Laws 1920, pp. 364-378) providing for a change in the salary of the Solicitor of said Court from $900.00 to $1200.00 and the salary of the Judge thereof from $1200.00 to $1500.00; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That an Act establishing the City Court of Metter, approved July 29, 1920 (Ga. Laws 1920, pp. 364-378) be and the same is hereby amended by striking the words and figures nine hundred ($900.00) from the fourteenth line in Section 6 of said Act and inserting in lieu thereof the words and figures twelve hundred ($1200.00) so that said section when so amended shall read as follows: Act 1920 amended. Section 6. Be it further enacted by the authority aforesaid, that there shall be a Solicitor of said City Court, who shall be elected or appointed at the same time, in the same manner, and for the same term as the Judge of said Court, who shall have been a practitioner of law and a resident of Candler County for one year prior to his election or appointment. A vacancy in the office of the Solicitor of said City Court shall be filled in the same manner as a vacancy in the office of Judge thereof is filled. The duties of the Solicitor shall be to prosecute all offenses cognizable before said City Court, and shall represent the

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State in all cases carried to higher Courts. The said Solicitor shall receive a salary of twelve hundred ($1200.00) dollars per year, which shall be paid in the same manner as the Judge's salary is paid. In absence or disqualification of the Solicitor of said City Court, the Judge thereof shall appoint a Solicitor pro tem, who shall discharge the same duties as the Solicitor, and for such services he shall receive the sum of $10 for each conviction and $5 for each plea of guilty entered, which fee is to be paid out of the salary of the Solicitor. The Solicitor of said City Court. before entering upon the discharge of his duties shall take and subscribe the following oath, to-wit: `I do solemnly swear that I will faithfully and without fear, favor or affection, and impartially, and to the best of my ability and understanding discharge all the duties devolving upon and required of me as Solicitor, so help me God'. The said oath shall be filed in the Clerk's office of said Court and entered upon the minutes of said Court. Section 6 to read as amended. Solicitor. Duties, Salary. Solicitor pro tem. Oath. Section 2. That an Act establishing the City Court of Metter, approved July 29, 1920, be and the same is hereby amended by striking the words and figures twelve hundred ($1200.00) from the nineteenth and twentieth lines in Section 5 of said Act and inserting in lieu thereof the words and figures fifteen hundred ($1500.00), so that said section when so amended shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that any person who shall be elected or appointed Judge of said City Court must, at the date of his election or appointment, be at least twenty-five years of age, must have been a practicing attorney at least three years, and must have resided in Candler County at least one year immediately prior thereto, and he shall, before entering upon the discharge of his duties take and subscribe the following oath: `I swear that I will administer justice without respect to persons, and do equal rights to the poor and rich, and that I will faithfully and impartially discharge and perform all of the duties incumbent on me as

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Judge of said City Court of Metter, according to the best of my ability and understanding, and agreeably to the laws and Constitution of the State and the Constitution of the United States, so help me God,' which oath shall be forwarded promptly to the Governor and filed in the Executive Department. The Judge of the said City Court shall receive a salary of Fifteen hundred ($1500.00) a year, which shall be paid monthly out of the treasury or depository of Candler County, as other current expenses are paid, by the Board of Commissioners of Roads and Revenues (or the Ordinary, if he is charged with the administration of the county affairs) of said county, and such county authority shall annually make provision by levying taxes for this purpose. Section 5 to read as amended. Judge, qualification. Oath. Salary. Section 3. This Act shall become effective immediately upon its passage and approved by the Governor. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 2, 1945. JASPER COMMISSIONERS' MEETINGS. No. 31. An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Jasper and to prescribe and define the duties, compensation and powers of same, approved July 23, 1923 (Acts 1923, pp. 255-259) and all Acts amendatory thereto by striking from the third line of Section 6 of said Act the word Wednesday and by inserting in lieu thereof the word Thursday, so as to provide that the monthly meetings of said Board shall be held on the first Thursday of each month; 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 an Act approved July 23, 1923 (Acts 1923, pp. 255-259) entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Jasper and to prescribe and define the duties, compensation and powers of same, and all Acts amendatory thereto, be and the same is hereby amended by striking from the third line of Section 6 of said Act the word Wednesday and inserting in lieu thereof the word Thursday so that said Section 6 of said Act when so amended shall read as follows: Section 6. Be it further enacted, that said Board of Commissioners shall hold twelve regular sessions annually, to be held monthly on the first Thursday of each month; Provided, nevertheless, that a majority of said board may convene the same in extra sessions whenever in their judgment the same may be necessary. Date of meetings of Board. Section 2. That all laws and parts of law in conflict herewith be, and the same are, hereby repealed. Approved February 2, 1945. ECHOLS COMMISSIONERS. No. 32. An Act to provide for the election and tenure of members of the Board of Commissioners of Roads and Revenues of Echols County, Georgia, to provide for their election and qualifications; 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 the Board of Commissioners of Roads and Revenues of Echols County shall consist of three members. Members Section 2. That no person is entitled to hold the office of Commissioner of Roads and Revenues of Echols County unless he is at least twenty-five years of age, a resident of said county and a qualified voter. Qualifications.

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Section 3. Nothing in this Act shall affect the election, term or tenure of any member of the said Board 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. Existing term or tenure not affected. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 2, 1945. DECATURCITY TAX ASSESSORS. No. 33. An Act to amend an Act, approved August 17, 1909, creating and establishing a new Charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof so as to change the date of the election or appointment of the Board of Tax Assessors for said City and to provide their terms of office. 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 approved August 17, 1909, creating and establishing a new Charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, be and the same is hereby amended as follows: Acts amended. Section 2. That Section 20 of said Charter of the City of Decatur (Georgia Laws 1909, Page 775) be amended by changing the date of the election of Tax Assessors in said City of Decatur from the first regular meeting in January of each year until the last meeting in June of each year. The term of that Tax Assessor expiring December 31st., 1944, is extended to June 30th., 1945, and until his successor is elected and qualifies, which successor shall be elected at the last regular meeting in June, 1945. The term of the Tax Assessor expiring December

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31st., 1945, is extended to June 30th., 1946, and until his successor is elected and qualifies, which successor shall be elected at the last regular meeting in June, 1946. The term of the Tax Assessor expiring December 31st., 1946, is extended to June 30th., 1947, and until his successor is elected and qualifies, which successor shall be elected at the last regular meeting in June, 1947. The terms of Tax Assessors hereafter elected shall be for three years and shall begin on July 1st. of the year in which they are elected. Date of election changed. Terms. Section 3. Be it further enacted that all laws or parts of laws in conflict with this amendment be and the same are hereby repealed. Approved February 2, 1945. MORGAN COMMISSIONERS' CLERK'S SALARY. No. 34. An Act to amend an Act to create the Board of Commissioners of Roads and Revenues in and for the county of Morgan approved March 22, 1935 (Acts 1935, pp. 738-751) as amended by an Act approved February 16, 1943 (Acts 1943, pp. 1088-1090) and further amending Section 10 of the Act approved March 22, 1935, as amended by Section 2 in the Act approved February 16, 1943 by striking from the last line of said Section 10 the figures $65.00' and by inserting in lieu thereof the figures $100.00 and to provide how said Section 10 of the Act approved March 22, 1935, shall read when so amended; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That an Act approved March 22, 1935 creating a Board of Commissioners of Roads and Revenues in and for the county of Morgan (Acts 1935, pp. 738-751) as amended by an Act approved February 16, 1943, (Acts 1943, pp. 1088-1090) be and the same is

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hereby further amended by striking from Section 10 of the Act approved March 22, 1935, as amended by Section 2 of the Act approved February 16, 1943, the figures $65.00 and by inserting in lieu thereof the figures $100.00 so that said Section 10 when so finally amended shall read as follows: Acts amended. Section 10. The board may elect a clerk who must be an experienced bookkeeper and familiar with the duties to be performed by the clerk and shall be subject to removal at any time with or without cause, by the chairman, subject to approval of the board. The clerk shall receive as compensation a salary to be fixed by the board which shall not be less than $25.00 per month nor more than $100.00 per month. Section 10 to read as amended. Clerk. Salary. Section 2. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 2, 1945. PIERCE COMMISSIONERS' CLERK'S SALARY. No. 36. An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Pierce approved March 25, 1937, and amended February 4, 1941, and to provide for a clerk of said Board, to fix the compensation of said clerk and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia approved March 25, 1937, and amended February 4, 1941, entitled an Act to create the Board of Commissioners of Roads and Revenues in and for the County of Pierce; to appoint the members of said Board, and to provide for the election of their successors and the manner of filling vacancies; to prescribe the term of office, powers, duties and compensation of said Board; to provide for the appointment of a clerk of said Board and for other purposes. Acts amended.

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Said Act and amendment thereto is hereby amended as follows: By striking the words or figures $100.00 wherever the same may appear in Section 2 of the amendment of said Act, and by inserting in lieu thereof the figures $150.00 so that when said Section as amended shall read as follows: Section 2. The Board is hereby authorized to appoint a clerk for said Board, who shall serve at the pleasure of said Board. They shall have the further authority to fix the salary of said clerk at not more than $150.00 per month. It shall be the duty of said clerk to keep a proper and accurate book of said minutes, wherein shall appear all orders, resolution and proceedings had and passed with reference to county matters. The clerk shall also keep a full and accurate book of county vouchers wherein shall appear in itemized detail all orders and warrants drawn by the Board of the county treasurer or depository showing for what purposes and on what fund such orders or warrants were drawn. He shall also in a well bound book keep an inventory of all county property of whatever nature, listing the valuation of each item of property so recorded, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year, and he shall keep such other books and records as the board may require, all of which shall be open to public inspection during the office hours by any citizen or tax payer of the county. Clerk. Salary. Duties. Inventory of County property. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 2, 1945. SOCIAL CIRCLE ACADEMYTAX. No. 37. An Act to amend an Act entitled an Act to amend Section 7 of an Act to incorporate the Academy of Social Circle approved July 31, 1918, as amended by Act of

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July 28, 1924 (Georgia Laws 1924, pp. 791, 792) by changing the figure 6/10 of one per centum as the annual ad valorem tax to ten mills or one per centum in Section 7 of the original Act as amended; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, Section 7 of an Act entitled an Act to amend an Act entitled an Act to incorporate the Academy of Social Circle, as amended on July 28, 1924 (Georgia Laws 1924, pp. 791, 792) be and the same is hereby amended by striking the words Six-tenths of in Section 7 and substituting in lieu thereof the words ten mills of, so that said Section 7 as amended will read as follows: Act 1924 pp. 791-792 amended. Sec. 7. Be it further enacted, that on or before the first Monday in April each year said board of trustees shall submit to the mayor and Council an estimate of the funds necessary to the operation of the schools for the next scholastic year, taking into consideration the State and County fund, whereupon it shall be the duty of said mayor and council to proceed to raise such fund by the [Illegible Text] and levy of an annual ad valorem tax upon the taxable property of said city not to exceed ten mills or one per centum upon the assessed value thereof and from funds that may be in said city [Illegible Text] not otherwise appropriated. The treasurer of said city shall pay over to them the treasurer of said board of trustees all funds as raised or appropriated, who shall pay out the same only upon order of said board of trustees. Section 7 to read as amended. Tax levy Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 2, 1945.

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ECHOLS COMMISSIONERS' DISTRICTSACT REPEALED. No. 38. An Act to repeal an Act approved February 22, 1943 (Ga. Laws 1943, pp. 955-959) entitled 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 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 Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act approved February 22, 1943 (Ga. Laws 1943, pp. 955-959) establishing three Commissioner's Districts for the purposes of election and tenure of the members of the Board of Commissioners of Roads and Revenue of Echols County, Georgia, be and the same is hereby repealed in its entirety. Act 1943 pp. 955-959 repealed. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 2, 1945. FULTON TEACHERS' RETIREMENT FUNDACT 1937 REPEALED. No. 39 An Act to repeal an Act entitled An Act to authorize

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the Board of Education of any county having more than 200,000 population to create a retirement fund for teachers and employees of county school system, for the creation of a commission to administer such fund, to provide for the raising of such fund and to authorize such commission to provide terms and requirements for such retirement and for other purpose (Acts 1937, Page 892); and provide that the Teachers Retirement Commission under said repeal act shall deliver over to the School Pension Board of Fulton County all funds, records, etc. in their possession, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. The Act approved March 10, 1937 entitled An Act to authorize the Board of Education of any County having more than 200,000 population to create a retirement fund for teachers and employees of County School System, for the creation of a commission to administer such fund, to provide for the raising of such fund and to authorize such commission to provide terms and requirements for such retirement and for other purposes (Acts 1937, Page 892) be and it is hereby repealed. Act 1937 p. 892 repealed. Section 2. The teachers retirement commission existing under said repeal act is hereby directed to turn over to the school pension board of Fulton County all the pension funds, books and records of such commission, to take a receipt therefor and shall stand discharged. Funds, books, etc., to be delivered to Fulton County School Pension Board. Section 3. The effective date of this Act shall be May 1, 1945. Approved February 2, 1945. JACKSON COMMISSIONERS' SALARIES. No. 41. An Act to amend an Act creating a Board of Commissioners

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of Roads and Revenues for Jackson County, Georgia, approved December 18, 1901 (Acts 1901, pp. 257-261) and all Acts amendatory thereof; to repeal so much of Section 8 of said Act approved December 18, 1901, creating a Board of Commissioners of Roads and Revenues for Jackson County, Georgia, as fixes the salary of the Commissioners, and to provide that the salary of the Commissioners other than the Chairman shall receive a salary of $240.00 per annum each annually, to be paid monthly; to repeal so much of the Act approved October 28, 1931, which act fixed the salary of the Chairman of said Board at $1200.00 per annum; and to provide that the salary of the Chairman of said Board of Commissioners of Roads and Revenues of Jackson County shall be $2,000.00 per annum, payable monthly; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That an Act creating a Board of Commissioners of Roads and Revenues for Jackson County approved December 18, 1901 (Acts 1901, pp. 257-261) be and the same is hereby amended by repealing and striking so much of Section 8 of said Act which fixed the salary of the Commissioners at $2.00 per day. Act 1901 amended. Section 2. That the members of the Board of Commissioners of Roads and Revenues of Jackson County, Georgia, other than the Chairman shall receive a salary of $240.00 per annum each, which said salary shall be paid to said members monthly out of the Treasury of the said County by the Commissioners of Roads and Revenues of Jackson County. Salaries of Commissioners. Section 3. That the Act approved October 28, 1931 (Acts 1931, pp. 487-488) which fixed the salary of a Chairman at $1200.00 per annum be and the same is hereby repealed in its entirety. Act 1931 pp. 487-488 repealed. Section 4. That the Chairman of the Board of Commissioners of Roads and Revenues of Jackson County, Georgia, shall be paid a salary in the sum of $2000.00 per annum; which said sum shall be paid out of the

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Treasury of said County by the Commissioners of Roads and Revenues of Jackson County. Salary of Chairman. Section 5. That all laws and parts of law in conflict herewith be, and the same are hereby repealed. Approved February 2, 1945. MADISON COMMISSIONER AND CLERKSALARIES. No. 42. An Act to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Madison, approved August 17, 1914 (Ga. Laws 1914, pages 316-322), as amended by an Act approved August 8, 1916 (Ga. Laws 1916, pages 462-463), as amended by an Act approved February 17, 1937 (Ga. Laws 1937, pages 1369-1374), and as amended by an Act approved February 3, 1939 (Ga. Laws 1939, pages 653-656), to provide that the salary of the clerk of the Commissioner be increased from $500.00 to $750.00; to provide that the salary of the Commissioner of Roads and Revenues for the County of Madison be increased from $1800.00 per annum to $2400.00 per annum and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Act creating the office of Commissioner of Roads and Revenues for the County of Madison, approved August 17, 1914 (Ga. Laws 1914, pages 316-322), amended as aforesaid, be and the same is further amended, as follows: Acts amended. By striking the words five hundred and by striking the figures $500.00 in the third line of Section 6 of said Act of 1914 (Ga. Laws 1914, page 318), and inserting in lieu thereof the words seven hundred fifty and the figures $750.00 so that when so amended said Section 6 of said Act will read as follows: Be it further enacted by the authority aforesaid, that the commissioner shall appoint a clerk, whose

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salary shall not exceed seven hundred fifty ($750.00) dollars a year, to be paid monthly out of the county treasury, and it shall be the duty of the clerk to attend all business meetings pertaining to the office, and he shall keep in order of the minutes of all transactions of the office, to file and keep in order of their date all original orders and papers, petitions, applications and all other papers addressed to the commissioner concerning the county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury by order of the commissioner, giving the amount and date of said such payment, and the persons to whom paid, and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts or other indebtedness contracted by the commissioner. All the books, files and records required to be used or kept in the office of the commissioner of roads and revenues shall always be ready and open to inspection of any tax payer of the county. Said clerk, before entering on the discharge of his duties, shall be required to give bond and take the same oath that the commissioner takes, which bond shall be the sum of one thousand ($1000.000) dollars, payable to said commissioner for the faithful performance of his duties; said clerk shall hold said office at the discretion of the commissioner. Section 6 of Act of 1914 to read. Clerk, salary, duties. Bond, oath. Section 2. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act creating the office of Commissioner of Roads and Revenues for the County of Madison, approved August 17, 1914 (Ga. Laws 1914, pages 316-322), amended as aforesaid, be and the same is further amended as follows: By striking the words eighteen hundred and by striking the figures $1,800.00 from Section 7 of said Act of 1914 (Ga. Laws 1914, page 318), as amended by an Act approved February 3, 1939 (Ga. Laws 1939, pages 653-656), and inserting in lieu thereof the words twenty-four hundred and the figures $2,400.00 so

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that when so amended said Section 7 of said Act will read as follows: Be it further enacted by the authority aforesaid, that said commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of twenty-four hundred ($2,400.00) Dollars per annum for his services, to be paid monthly at the end of each month's services. Compensation of Commissioner. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 2, 1945. FULTON CIVIL SERVICE ACT AMENDED. No. 44. An Act to amend an Act approved March 15, 1943, entitled An Act to create a Civil Service Board in Fulton County, to provide for the appointment and removal of said Board and their qualifications, term of office and salaries; to prescribe the duties of the Civil Service Board; to provide what employees the provisions of this Act shall be applicable, etc. (Georgia Laws, 1943, Page 971) so as to provide that on June 1, 1943 Mrs. Evelyn W. McCutcheon as matron of the Fulton County jail was qualified for such employment and entitled to receive a regular, permanent appointment under the provisions of this Act and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section 1. That the Act approved March 15, 1943 entitled An Act to create a Civil Service Board in Fulton County, to provide for the appointment and removal of said Board and their qualifications, term of office and salaries; to prescribe the duties of the Civil Service Board; to provide what employees the provisions of this

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Act shall be applicable, etc. be and is hereby amended by adding the following, to be known as Section 6a, to-wit: Act 1943 amended. Section 6a. It is hereby declared that as of June 1, 1943, Mrs. Evelyn W. McCutcheon was an employee of Fulton County for at least 6 months immediately preceding the effective date of this Act and that she occupied the position of Matron of the Fulton County Jail and was entitled to receive a regular, permanent appointment in accordance with the provisions of this Act and she is permitted to receive the benefits of this Act by within 90 days from the effective date of this amendment following the procedure set out in Section 6 of said Act. Matron of Fulton County Jail. Section 2. Any and all laws or parts of laws in conflict herewith are hereby repealed. Approved February 8, 1945. SAVANNAHMAYOR'S PENSION. No. 45. An Act to amend the charter of the City of Savannah and the several Acts amendatory thereof incorporating the Mayor and Aldermen of the City of Savannah relative and supplementary thereto; by repealing Section No. 1 of the Act approved February 11th, 1941, incorporated on pages 1750 and 1751 of the Acts of 1941 providing for a Mayor's Pension, and by inserting in lieu thereof a new section to be known as Section No. 1, providing for a Mayor's Pension and for the qualifications of the recipient of such pension; repealing all laws in conflict herewith and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Charter of The Mayor and Aldermen of the City of Savannah is hereby amended by striking and repealing in its entirety Section 1, on

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pages 1750 and 1751 of the Acts of the General Assembly of 1941, approved February 11th, 1941, and by inserting in lieu of said Section 1, a new section to be known as Section one (1), which shall become effective immediately upon the passage and approval of this Act, and which shall read as follows: Act 1941 pp. 1750-1751, Section 1 repealed. Section No. 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, any person who has been a regular employee of The Mayor and Aldermen of the City of Savannah for a period of thirty (30) years or more, and who has served The Mayor and Aldermen of the City of Savannah as Mayor for a period of at least ten (10) years, and who has attained the age of seventy-five (75) years shall, on his retirement, either voluntary or involuntary, from the office of Mayor, be entitled to and shall receive from the Treasury of the City of Savannah a pension in the sum of Three Hundred ($300.00) Dollars per month for the remainder of his natural life. New Section 1. Term of employment. Mayor. Age. Pension. Section No. 2. Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 5, 1945. GLASCOCK TREASURER'S SALARY. No. 46. An Act to amend an Act entitled an Act to fix the salary of the treasurer of Glascock County and to provide for the payment thereof and for other purposes (Ga. Laws 1917 p. 363) by striking the words and figures three hundred ($300.00) dollars whereby the same appears and inserting in lieu thereof the words and figures five hundred ($500.00) dollars; and for other purposes. Be it and it is hereby enacted by the General Assembly of the State of Georgia:

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Section 1. That the Act fixing the salary of the treasurer of Glascock County (Ga. Laws 1917 p. 363) be and the same is hereby amended by striking the words and figures three hundred ($300.00) dollars and inserting in lieu thereof the words and figures five hundred ($500.00) dollars in Section 1 thereof so that said section as amended will read as follows: Act 1917 p. 363, Section 1 amended. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that from and immediately upon the passage and approval of this Act, the treasurer of Glascock County, State of Georgia, shall be paid a salary of five hundred ($500.00) dollars per annum, for his services as such treasurer, and he shall not receive any fees, or other compensation from said office, and the said salary of five hundred ($500.00) dollars shall be paid said treasurer in monthly or quarterly installments prorata, as may be agreed upon by said treasurer and the county commissioner of Glascock County, or said treasurer may waive his right to have said salary paid him monthly, or quarterly and to receive said salary at the end of each year at his option. Treasurer's salary fixed. In lieu of fees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1945. NASHVILLEZONING. No. 47. An Act to amend an Act granting to the City of Nashville, Georgia, a Charter approved August 15, 1910, Georgia Laws 1910, Page 956 et seq., and all amendatory Acts thereof, to grant to the governing authorities of the City of Nashville authority to pass zoning and planning laws whereby the City of Nashville may be zoned or districted for various uses, and other different uses prohibited therein, and regulate the use for which said zones or districts may be set apart, and

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regulate the plans for development and improvement of real estate, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the Act establishing a Charter for the City of Nashville, Georgia, approved August 15, 1910, and the several Acts amendatory thereof are hereby amended as follows: Section 1. That, pursuant to article 3, section 7, paragraph 26, of the constitution of Georgia, the City of Nashville is hereby authorized to adopt ordinances and pass laws, whereby the said City of Nashville may be zoned and districted for various uses, and other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating plans for the development and improvement of real estate therein, and to adopt all zoning and planning laws, not inconsistent with the Constitution, as said City may deem necessary or proper, to promote the public health, safety, morals, order, comfort or general welfare. Zoning authorized. Section 2. That the Mayor and Council of said City, for any one or more of the objects above named, may adopt by ordinances a plan or plans for the districting or zoning of said City for the purpose of regulating, defining and restricting; (a) The location of trades, industries, apartment-houses, dwellings, or other uses of property, Purposes. (b) the height of buildings or other structures, (c) the area or dimensions of lots or yards used in connection with buildings or other structures, (d) the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of said purposes. The City may be divided into such number of zones or districts, and such districts may be of such shape and area as said Mayor and Council shall deem best suited

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to accomplish the intent of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises, and within the said zone, the number of persons, families, or other group units to reside in or to use buildings, the public, quasi-public, or private nature of the use of premises, or upon any other basis or bases relevant to the promotion of the public health, morals, safety, order, propriety, or welfare. Districts. Basis of Classification. Section 3. Said Mayor and Council shall be empowered in any districts proposed to set aside primarily for residence purposes, to further classify the use thereof and to provide therein the class or classes of residents to be housed therein, and to provide therein such other or similar regulations and restrictions as shall tend to secure the welfare, public health, morals, safety and good order of the City and the residents thereof. Residential districts. Section 4. If any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid and the other parts of this Act shall be unaffected thereby, and shall remain in full force and effect. Saving Clause. Section 5. All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Repealing Clause. Approved February 8, 1945. CALHOUNTERRITORIAL LIMITS. No. 48. An Act to amend the charter of the city of Calhoun, in the county of Gordon, State of Georgia, approved August 18, 1919, to define and establish the territorial limits of said city of Calhoun, and for 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 entitled An Act to amend

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the charter of the City of Calhoun, County of Gordon, State of Georgia, to define the territorial limits of said City of Calhoun, approved August 18, 1919; and an Act entitled An Act to amend the charter of the City of Calhoun, in the County of Gordon, State of Georgia, approved on July 24, 1929, be and the same is hereby amended by extending said territorial limits of said City of Calhoun as follows: Beginning at a point where the present limits of said City of Calhoun intersects a road leading from Pine Street to the Rome and Calhoun Public Road, said road being known as Logan's Field Road, thence running southwestwardly along said road and said Calhoun and Rome Public Road a distance of 2220 feet to a bridge across Oothcaloga Creek thence westwardly down said creek a distance of 1825 feet to line of John Barrett's estate; thence easterly along said line of John Barrett's estate; 1210 feet; thence north 3 degrees east, along Crestview Drive 1199 feet thence North 78 degrees East 330 feet; thence north 88 degrees east 409 feet; thence north 0 degrees 59 minutes west 688 feet to the present line of the limits of said City of Calhoun; thence north 88 degrees, 30 minutes west 149 feet; thence north 1 degree 30 minutes west 435 feet to Line Street; thence east along Line Street 310 feet; thence north 0 degrees 59 minutes west 1360 feet to the Oostanaula River; thence up said river 1200 feet to the bridge across the same on the Calhoun and Sugar Valley Public Road; thence north 65 degrees 30 minutes east 2475 feet to the present line of the City of Calhoun west of Western and Atlantic Railroad and opposite the center line of extension of Nelson Street. Territorial limits extended. Section 2. Be it further enacted that said Act of 1919 is further amended by extending said territorial limits of said City of Calhoun as follows: Beginning at a point on the East side of Mount Alto at the present corner of the line of the limits of said City of Calhoun, thence running south 61 degrees 25 minutes east 851 feet; thence north 4 degrees 12 minutes west 200 feet to the Calhoun and Dew's Pond Public Road; thence west along said Calhoun and Dew's Pond Public Road 30 feet; thence north 4 degrees 12 minutes, west 1407 feet;

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thence north 74 degrees 30 minutes west 1130 feet to a point on the present line of the limits of said City of Calhoun. Same. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved February 8, 1945. SAVANNAH INDUSTRIAL AND DOMESTIC WATER SUPPLY COMMISSION. No. 49. An Act to amend the charter of the Mayor and Aldermen of the City of Savannah and the several acts amendatory thereof and supplementary thereto incorporating the Mayor and Aldermen of the City of Savannah by authorizing the Mayor and Aldermen of the City of Savannah to provide by ordinance for the creation of an Industrial and Domestic Water Supply Commission; to authorize the Mayor and Aldermen to adopt ordinances for the regulation of said Water Commission in the construction of the plant for said Industrial and Domestic Water Supply; to prescribe by ordinance the rates to be charged for the sale of water from said plant to consumers; to prescribe by ordinance in what manner the operation of said plant shall be conducted by said Water Commission; to prescribe by ordinance the compensation, in the discretion of the Mayor and Aldermen, for the members of said Water Commission; to authorize the Mayor and Aldermen to prescribe the type of employes, the number of employes and the compensation of employes necessary to operate said Industrial and Domestic water supply plant, and to vest in the Mayor and Aldermen of the City of Savannah each and every power necessary to be enacted into law for the construction, the conduct and the operation of said Industrial and Domestic Water Supply; to provide that the authority of the Water Commission as established by the Mayor and

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Aldermen under the provision of this act shall be purely administrative without the delegation of any legislative power from the Mayor and Board of Aldermen; repealing all laws in conflict herewith and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the Mayor and Aldermen of the City of Savannah are authorized to establish by ordinance a Commission to be known as the Industrial and Domestic Water Supply Commission which shall be created for the specific and express purpose of administering the construction of and the operation of a plant to provide an additional industrial and domestic water supply which shall be kept and maintained separate and distinct from the Water Department of the Mayor and Aldermen of the City of Savannah. Industrial domestic water supply commission authorized. Section 2. Be it further enacted by the authority aforesaid that the Mayor and Aldermen are authorized by ordinance to prescribe the duties of said Commission, and in their discretion to fix the compensation of the members of said Commission, and to name the Chairman of said Commission and all members of said Commission shall be appointed by the Mayor, subject to the approval or confirmation of City Council. The Secretary of said Commission shall likewise be appointed subject to confirmation of Council. The Mayor, or acting Mayor shall at all times be an ex-officio member of said Commission. The Mayor and Aldermen are further charged with the responsibility of providing by ordinance all rules and regulations for the operation of said Water Supply and for the fixing of rates and charges for water to consumers. The Mayor and Aldermen are fully empowered by ordinance to do any and all lawful things necessary or incidental to the construction of and the operation of said water plant, and to fix the salary or compensation of all employes necessary to operate said plant. Duties. Compensation. Officers and members. Regulations. Employees' salaries. Section 3. Be it further enacted that the duties of the

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Water Commission, in the construction and in the operation of said plant, shall be purely ministerial and there shall be no delegation of legislative authority from the Mayor and Aldermen of the City of Savannah to said Water Commission. Duties are ministerial. Section 4. Be it further enacted that any member of Council is eligible for appointment to said Industrial and Domestic Water Supply Commission provided, however, that such member shall not receive any compensation for his services as such. Councilmen eligible without Compensation. Section 5. Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Repealing clause. Approved February 8, 1945. SAVANNAH AIRPORT COMMISSION. No. 50. An Act to amend the charter of the Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereof and supplementary thereto by authorizing the Mayor and Aldermen of the City of Savannah to provide by ordinance for a Savannah Airport Commission to administer the improvement, maintenance and operation of municipally-owned airports; repealing all laws in conflict therewith 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 Mayor and Aldermen of the City of Savannah are authorized and empowered to provide by ordinance for the creation of an Airport Commission whose duties it shall be to administer the improvement, maintenance and operation of municipally-owned airports of the City of Savannah. Airport Commission authorized. Section 2. Be it further enacted that the Mayor and Aldermen are authorized to fix the number of the

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members of said Commission; to prescribe their duties; to prescribe their compensation, if any, and to provide by ordinance for a full-time manager or managers of municipal airports; to prescribe the duties, compensation, and how said manager or managers shall be selected and to provide by ordinance for the rules and regulatons governing said Commission and governing said airports. Number, duties, compensation and regulations. Section 3. Be it further enacted that said Commission shall be separate and distinct from the Airport Committee of Council and its duties shall be purely administrative and there shall be no delegation of legislative authority from the Mayor and Aldermen to said Commission and the Mayor and Aldermen of the City of Savannah are expressly authorized and empowered to provide by ordinance for all lawful things to be done which may be necessary or incidental to the operation and maintenance and improvement of said municipal airports by the said Commission. Separate from Airport Committee of Council. Duties are ministerial. Section 4. Be it further enacted that the Mayor shall appoint the members of said Commission, subject to the approval and confirmation of City Council, and shall name in the same manner a Chairman and a Secretary of said Commission, and the Mayor and Aldermen are empowered to fix the number of employes of said Commission and their compensation or salary, it being the intention of this Act that the said municipal airports shall be improved, maintained and conducted by said Commission under ordinances of the Mayor and Aldermen of the City of Savannah which shall provide all rules and regulations incidental thereto. The Mayor or Acting Mayor shall at all times be an ex-officio member of said Commission. Officers and employees; compensation. Regulations. Section 5. Be it further enacted that any member of Council is eligible for appointment to said Commission provided, however, such member of Council shall not be entitled to any compensation as a member thereof. Councilmen eligible without compensation. Section 6. Be it further enacted that all laws or parts

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of laws in conflict with the provisions of this Act be and the same are hereby repealed. Repealing clause. Approved February 8, 1945. GLASCOCK COMMISSIONERS, ACT REPEALED. No. 52. An Act to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Glascock enacted in the 1943 session of the General Assembly and approved by the Governor on February 16, 1943 (Ga. Laws 1943 pp. 1030-1042) providing for qualifications, elections, jurisdiction, duties and powers of the Board of Commissioners; and for other purposes. Be it and it is hereby enacted by the General Assembly of the State of Georgia: Section 1. An Act to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in and for County of Glascock enacted in the 1943 session of the General Assembly and approved by the Governor on February 16, 1943 (Ga. Laws 1943 pp. 1030-1042) providing for qualifications, elections, jurisdiction, duties and powers of the Board of Commissioners be and the same is hereby repealed. Act of 1943 repealed. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved February 8, 1945. LAFAYETTE TERRITORIAL LIMITS. No. 53. An Act to amend the Act approved August 17, 1914 Ga. L. 1914, p. 96), for the purpose of enlarging the

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corporate territorial limits of the city of LaFayette, Walker County, Georgia, defining and describing the boundaries as enlarged, 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 corporate limits of the City of LaFayette, Walker County, Georgia, be and they are hereby extended so as to include, with the exception hereafter set forth, all of the territory lying inside the following described boundary, to wit: Beginning at the Southeast corner of Lot of Land No. 83 in the 7th District and the 4th Section of Walker County, Georgia; running thence North with the East boundary lines of Lots Nos. 83, 62, 47, 26, and No. 11 for a distance of eight hundred (800) rods to the Northeast corner of said Lot No. 11; running thence West with the North line of said Lot No. 11 to the Northeast corner of said Lot; thence North with the East line of Lot of Land No. 315 in the 8th District and 4th Section of said State and county to the Northeast corner of said Lot No. 315; thence West with the North line of said Lot No. 315, and continuing West with the North line of Lot No. 316 to the Northwest corner of said Lot No. 316; thence South with the West line of Lot No. 316 to the Southwest corner of said Lot No. 316; thence West with the North line of Lot No. 8, which said Lot No. 8 is located in the 7th District and 4th Section of said State and county, to the Northwest corner of said Lot No. 8; thence South with the West lines of Lots Nos. 8, 29, 44, 65, and No. 80, all in the 7th District and 4th Section of said State and county, for a distance of eight hundred (800) rods to the Southwest corner of said Lot No. 80; thence East with the South lines of Lots Nos. 80, 81, 82, and 83 for a distance of six hundred forty (640) rods to the Southeast corner of said Lot of Land No. 83 in said 7th District and 4th Section of said State and county, the point of beginning. Corporate limits extended. There is hereby expressly excepted from the territory enclosed in the above boundary lines the area therein which is inside the present corporate limits of the Town of Linwood. Town of Linwood excepted.

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Section 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act, be and the same are hereby repealed. Approved February 8, 1945. GLASCOCK BOARD OF COMMISSIONERS CREATED. No. 54. An Act to create a Board of Commissioners of Roads and Revenues for the County of Glascock, State of Georgia; to provide the manner of their election; to define their duties and powers; to fix their salary and term of office; to provide for filling vacancies; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That a Board of Commissioners of Roads and Revenues for the County of Glascock, Georgia, to consist of three members, is hereby created. Said Commissioners shall be citizens and qualified voters of said county, of good moral character and residing in the district in which they are elected, which districts are defined in this Act. Board of Commissioners created. Section 2. For the purpose of this Act, said County of Glascock shall be divided into three road districts to be constituted as follows: District Number 1 shall be composed of the 1167 District G. M. District Number 2 shall be composed of the 1168 District G. M. District Number 3 shall be composed of the 1169 District and the 1234 District G. M. Be it further enacted by the authority aforesaid that the three members elected in November 1944 for a four year term shall be the three Commissioners of Roads and Revenue under this Act and shall hold office until January 1, 1949, or until their successors are elected and qualified. Their successors shall be elected at the General Election of 1948 and elections shall be held at the General Election each four years

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thereafter. 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. Road districts Section 3. Be it further enacted by the authority aforesaid that should a vacancy from death, resignation, removal from the county district or otherwise occur on said Board of Commissioners, the same shall be filled by appointment by the Governor of Georgia until the first day of January after the General Election held next after such vacancy occurs, and the appointment shall be made from the district in which the vacancy occurs. Be it further enacted by the authority aforesaid that each Commissioner, before entering into 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 successor 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 own initiative or by direction of any Grand Jury of the county, and any Commissioner and his surety shall be liable for any breach by way of malfeasance in office or for any neglect of duties. Filling vacancy. Bond and oath. Section 4. Be it further enacted by the authority aforesaid that the Commissioner residing in the 1167th District, known as Road District Number 1, shall be the 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 powers of the Chairman when presiding or when the Chairman is absent from the county. The

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Chairman shall have the right to vote on all questions and to perform any duties imposed upon him as a member of the Board of Commissioners. Chairman and Vice-Chairman and their duties. Section 5. Be it further enacted by the authority aforesaid that the Chairman of said Board shall receive a salary of $300.00 per annum and the other two Commissioners shall receive a salary of $180.00 per annum, each, to cover all services in connection with the regular and special meetings of the Board to be paid in monthly installments in the discretion of the Board from funds in the county treasury, as other expenses of the county are paid. In addition to his other duties, the Chairman shall make periodic inspections and investigations and make regular monthly reports to the Board of Commissioners of Roads and Revenues. Salaries. Inspections Section 6. 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 $25.00 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,

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at the expense of the county, full and accurate records and minutes of all their transactions; to file in the order of their date all the original orders and other papers; to arrange and keep in order of their filing all petitions, applications 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. Clerk's compensation. Clerk's bond. Clerk's duties. Section 7. 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. 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. He shall receive such salary as may be fixed by the Board of Commissioners, not to exceed $85.00 per month, but in no event shall his term of office, service of employment, extend beyond the term of office of the Board of Commissioners employing him. Said Superintendent shall perform the duties of convict warden, without any additional compensation. Superintendent of roads and bridges Duties. Salary. Section 8. 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. Employees. Board's authority to contract. Section 9. Be it further enacted by the authority aforesaid that said Board shall have exclusive jurisdiction

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when sitting for county purposes, over all matters concerning county property, county taxes, general and special; in establishing and changing militia district 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 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. Board's jurisdiction as to county matters. Board's powers as court. Section 10. 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 11. Be it further enacted by the authority aforesaid that requisition shall be made by all county employees, agents and officers for supplies, equipment and material on the Commissioners, and before such supplies, equipment and material shall be purchased authority must be obtained from the Commissioners to order

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and purchase the same, subject to the provisions hereinafter provided. Requisitions, for supplies. Section 12. 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. Payments by county warrants. Lists, etc., of County Employees. Section 13. Be it further enacted by the authority aforesaid that said Commissioners, whenever requested by the grand jury, shall prepare and submit to the grand jury a complete itemized statement, in writing, showing the financial condition of the county, by showing receipts and disbursements, from what 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. Reports to grand jury. Section 14. Be it further enacted by the 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 Section 15. Be it further enacted by the authority aforesaid that the provisions of this Act shall take effect immediately upon the passage by the General Assembly and approved by the Governor. Effective date. Section 16. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved February 8, 1945.

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CHICKAMAUGA SCHOOL TAX. No. 55. An Act amending an Act by the General Assembly of Georgia approved August 3, 1925 (Acts of 1925, p. 963), so as to authorize the governing authorities of the City of Chickamauga to increase its tax levy, in addition to its powers and authority to levy all other taxes which it is authorized to levy, in an amount not to exceed two per cent of the tax values of said City of Chickamauga for schools and school maintenance purposes, without calling any election, or complying with any other law other than this Act. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act the charter of the City of Chickamauga, Walker County, Georgia, be amended, and the same is hereby amended by the authority aforesaid, in the following respects, to wit: The last sentence of Section 1 of said Act, said last sentence being, said City shall have the right to increase its tax levy for schools and school maintenance, to not exceed one per cent by first calling election and complying with the law in such cases is hereby eliminated, and in lieu thereof this sentence shall be and the same is hereby inserted: Said City shall have the right to increase its tax levy for schools and school maintenance, not to exceed two per cent of the cash values of said City, so that Section 7, when so amended shall read as follows, to wit: Be it further enacted by the authority aforesaid that Section 14 of said Acts aforesaid be amended, and when amended shall read as follows: That all levies of taxes shall not exceed one per centum on the assessed tax valuation for general purposes and one per cent in addition to above for special purposes; provided however, any amount may be levied and collected for establishing light, water or sewerage systems, provided in no instance shall a greater rate than five (5) per cent be levied, using assessed tax values as basis. In case special elections for any of aforesaid purposes shall

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be called, the Mayor of said city shall call, by advice of council, said elections as aforesaid in this Act. Said City shall have the right to increase its tax levy for schools and school maintenance, to not exceed two per cent of the cash values of said City. Increased school tax authorized. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Repealing clause. Approved February 8, 1945. SEMINOLEREGISTRATION OF VOTERS. No. 56. An Act to provide additional regulations for the re-registration of voters in Seminole County, Georgia; to provide for new registration books and to require all persons in Seminole County to re-register on, or before, the 1st day of January, 1946; to provide that members of the military who have registered, or who may hereafter register in Seminole County, under the provisions of an Act of the General Assembly at the Extraordinary Session, 1944, approved January 7, 1944, shall not be required to re-register under the terms and provisions of this Act; to appoint an additional registrar; to prescribe his duties and salary; to require the registrars of said County to make up future voters' lists from new registration books, as herein provided for; to require the Tax Collector, or the Chairman of the Board of Registrars, to publish in the official County paper for a period of thirty days a notice calling attention to all voters the provisions of this Act and the necessity of re-registering; to provide for the payment of all the costs of carrying this Act into effect; 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 after the passage and approval of this Act it shall be the duty of the Tax Collector, or the

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Chairman of the Board of Registrars, or such officers jointly, to publish in the official organ of Seminole County, Georgia, where legal advertisements are run, a notice for the period of thirty days calling to the attention of the people of such County the provisions of this Act, and telling all voters that it will be necessary to re-register on, or before, the 1st day of January, 1946, in order to be qualified registered voters. Publication of notice to voters of necessity of re-registering. Section 2. Members of the military who have registered in Seminole County under the terms and provisions of the Act of the General Assembly passed at the Extra-ordinary Session, 1944, said Act approved January 7, 1944, shall not be affected by the terms and provisions of this Act, and shall not be required to re-register, or register in any other manner than in the manner provided by the Act aforesaid. Members of military not affected. Section 3. The County authorities of said County shall purchase and furnish to the Tax Collector a new registration book. Said book shall set forth the affidavit to be 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' lists shall be made up from this book by the County Registrars in the manner now provided by law. Registration book. Section 4. That no person in said County shall be deemed to be a registered voter unless and until such voter has either registered, or re-registered, and taken the oath in said new registration book, and it shall be unlawful for the registrars to put the name of any person on the voters' list who has not registered or re-registered in the new book as herein provided for. Registered voters. Section 5. That all persons registering in said book shall give their name, date of birth, race, occupation, and in addition all married women shall give their given name and 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

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district it shall be the duty of the voter to notify the Tax Collector of his removal, and he shall at the same time designate his new voting place. Information to be furnished by voters. Section 6. Be it further enacted that Julian Webb be, and he is hereby appointed an additional registrar, and he shall serve for a period of two years as such additional registrar, together with the members of the Board of Registrars already appointed by law, and it shall be his duty in addition to his usual duties as registrar to supervise and assist in the new registration of voters and for his services he shall be paid $20.00 per month for such supervision and assistance in the new registration. If, after the expiration of the term of the first appointment, the grand jury of Seminole County determines that such additional registrar is needed, such registrar will be named by the grand jury. Additional registrar. [Illegible Text] Section 7. That all the expenses incurred in the carrying out of the provisions of this Act, including the salary of the additional registrar, shall be borne by Seminole County and the County authorities shall issue vouchers therefor paying same out of the County's funds. Expenses in carrying out this Act. 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. Repealing clause. Approved February 8, 1945. SAVANNAH ALDERMEN'S SALARIES. No. 57. An Act to amend the Charter of the Mayor and Aldermen of the City of Savannah and the several acts supplementary thereto and amendatory thereof which have been subsequently amended by providing for the salary or compensation of the members of the Board of Aldermen by striking Section No. 1 of that certain Act of the General Assembly of the State of Georgia approved August 6th, 1903 and incorporated on pages

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665 and 666 of the Acts of the General Assembly of 1903 and inserting a new section increasing the salary or compensation of the members of the Board of Aldermen for each meeting of the Mayor and Board of Aldermen: Repealing all laws in conflict herewith and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act, that certain Act of the General Assembly of the State of Georgia incorporated in the Acts of the General Assembly of 1903, on pages 665 and 666 thereof, and approved August 6th, 1903, be and the same is hereby amended by striking therefrom Section No. 1 thereof in its entirety and inserting in lieu thereof a new section to be known as Section No. 1, and to read as follows: Act of 1903 amended. Section No. 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 each Alderman of the City of Savannah shall be paid out of the Treasury of said City in the way of salary or compensation for his services, the sum of Twenty ($20.00) Dollars for each and every regular meeting of City Council and a similar sum for each and every extraordinary meeting of City Council called by the Mayor or Acting Mayor, but nothing shall be paid for any adjourned or recessed regular meeting or extraordinary meeting. Aldermen's compensation. Section 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act, and specifically any portion of the Act approved August 6th, 1903 in conflict with the provisions of this Act, be and the same are hereby repealed. Repealing clause. Approved February 8, 1945.

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ATLANTA TERRITORIAL LIMITS EXTENDED. No. 58. 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, towit: That property beginning at a point on the present City Limits where said City Limits intersect the West side of Monroe Drive in Land Lot fifty-seven (57) of the Seventeenth (17th) District of Fulton County, Georgia; thence Northwesterly and Northerly along the West side of Monroe Drive to a point six hundred (600) feet distant at right angles in a Northerly direction from the North side of Rock Springs Road; thence Easterly, parallel to and six hundred (600) feet at right angles from the said North side of Rock Springs Road to a point on the land lot line between Land Lots fifty-seven (57) and fifty (50) of the said Seventeenth (17th) District; thence continuing Easterly across Land Lot fifty (50), crossing Piedmont Avenue, to a point on the land lot line between Land Lots fifty (50) and Four (4), said point being one thousand (1,000) feet North of the Southwest corner of said Land Lot Four (4) of the said Seventeenth (17th) District; thence Southerly one thousand (1,000) feet, along the said land lot line between Land Lots Fifty (50) and Four (4) to the Southwest corner of said Land Lot Four (4); thence Easterly, along the South line of said Land Lot Four (4) to a point where the present City Limits forms an angle with the said South line of Land Lot Four (4); thence Southwesterly, Westerly, Northwesterly, Westerly, Southwesterly, Northwesterly, and Westerly along the present City Limits to the beginning point on the West side of Monroe Drive, the area herein described being parts of Land Lots Three (3), Fifty (50), Fifty-one (51), Fifty-six (56), and Fifty-seven (57) of the Seventeenth (17th) District of Fulton County, Georgia.

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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 to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 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 beginning at a point on the present City Limits where said City Limits intersect the West side of Monroe Drive in Land Lot Fifty-Seven (57) of the Seventeenth (17th) District of Fulton County, Georgia; thence Northwesterly and Northerly along the West side of Monroe Drive to a point six hundred (600) feet distant at right angles in a Northerly direction from the North side of Rock Springs Road; thence Easterly, parallel to and six hundred (600) feet at right angles from the said North side of Rock Springs Road to a point on the land lot line between Land Lots Fifty-Seven (57) and Fifty (50) of the said Seventeenth (17th) District; thence continuing Easterly across Land Lot Fifty (50), crossing Piedmont Avenue, to a point on the land lot line between Land Lots Fifty (50) and Four (4), said point being one thousand (1,000) feet North of the Southwest corner of said Land Lot Four (4) of the said Seventeenth (17th) District; thence Southerly one thousand (1,000) feet, along the said land lot line between Land Lots Fifty (50) and Four (4) to the Southwest corner of said Land Lot Four (4); thence Easterly, along the South line of said Land Lot Four (4) to a point where the present City Limits forms an angle with the said South Line of Land Lot Four (4); thence Southwesterly, Westerly, Northwesterly, Westerly, Southwesterly, Northwesterly, and Westerly along the present City Limits to the beginning point on the West side of Monroe Drive, the area herein described being parts of Land Lots Three (3), Fifty (50), Fifty-one (51), Fifty-six (56), and Fifty-seven (57) of the Seventeenth (17th) District of Fulton County, Georgia. Territorial limits extended and defined.

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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. Authority of City extended. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 8, 1945. ALAPAHA JUDICIAL CIRCUIT COURT REPORTER. 24-3104. No. 59. An Act to amend Section 24-3104 of the Code of Georgia (1933) relating to the compensation of court reporters in reporting criminal cases; to provide a salary for the official reporter of the Alapaha Judicial Circuit in lieu of the compensation provided in Code Section 24-3104 for reporting criminal cases; to provide for the levy and collection of a tax by the authorities of the various counties comprising said Alapaha Judicial Circuit for the purpose of paying the salary of said court reporter; 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 official court reporter of the Alapha Judicial Circuit shall be paid a salary of Two Thousand Dollars ($2,000.00) per year, in lieu of all compensation for attendance and for reporting criminal cases provided in Code Section 24-3104, which said salary of Two Thousand Dollars ($2,000.00) per year shall be paid pro rata out of the general treasuries or depositories of the various counties composing said circuit upon the basis of taxable values; that is to say, each one of the counties

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composing said circuit shall pay such part or proportion of said salary as its total values of taxable property bear to the total values of taxable property of all of the counties of the circuit, as shown by the official records of the Comptroller-General of this State, the taxable values of each year being used as a basis for calculation of the proportion of said salary that each county must pay the ensuing year. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authorities having control of county matters, in each of said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to said official court reporter monthly, on the first of each month, and upon regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioners, or other county authorities having control of county matters, to make provision annually when levying taxes for expenses of courts, for the levying and collection of sufficient taxes, in their respective counties, for the purpose of paying the portion of said salary chargeable against their respective counties, as hereinbefore set forth, which shall be paid in addition to the compensation of the official court reporter for transcribing records in criminal cases, and to the compensation provided in Code Section 24-3104 in civil cases, and the power to levy taxes for such purpose is hereby delegated to said counties. Court reporter's salary. Salary apportttioned. Tax. Section 24-3104 Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 12, 1945. HABERSHAM AND LOWNDES COMMISSIONERS. No. 60. An Act to repeal An Act entitled An Act to establish a Board of Commissioners of Roads and Revenues for the County of Habersham (and Lowndes); to define their powers and duties; and for other purposes, approved December 11th, 1871, as found in the Acts

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of 1871-1872, page 227, in so far as said Act relates to Lowndes County, and to repeal all amendments thereto with respect to Lowndes County. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act entitled An Act to establish a Board of Commissioners of Roads and Revenues for the County of Habersham (and Lowndes); to define their powers and duties; and for other purposes, Acts 1871-1872, page 227, and all amendments thereto, in so far as said Act and said amendments relate to Lowndes County, be and the same are hereby repealed. Provision of Act 1871-1872 p. 227 relating to Lowndes County Repealed. Section 2. Be it further enacted by the authority aforesaid that this Act shall not affect any valid contract in existence at the time it becomes effective, to which Lowndes County is a party. Not affecting valid contracts Section 3. Be it further enacted that all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved February 12, 1945. DODGE CERTIFIED PUBLIC ACCOUNTANT. No. 61. 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 19, 1912, as amended, and an Act amendatory thereof approved March 11, 1943 (Ga. Laws 1943, pp. 948-950) relating to an audit of the books and accounts of certain county officials and publication thereof, so as to insert a new sentence in Section 4 (a) of said original Act as amended, as follows: The Certified Public Accountant shall be selected

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by the Judge of the Superior Court of Dodge County; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That 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 19, 1912, as amended, and an Act amendatory thereof approved March 11, 1943 (Ga. Laws 1943, pp. 948-950), relating to audit of the books and accounts of the Commissioner, Treasurer, Tax Commissioner and Sheriff of said County and publication of the same be, and it is hereby amended by inserting in Section 4 (a) of the said original Act as amended, a new sentence to appear between the first and second sentences of said section, to read as follows: The Certified Public Accountant shall be selected by the Judge of the Superior Court of Dodge County; so that when said Acts are so amended, Section 4 (a) shall read as follows: Acts amended. 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 Certified Public Accountant shall be selected by the Judge of the Superior Court of Dodge County. 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. Certified Public Accountant selected by Judge Superior Court.

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Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 12, 1945. ATLANTASALE OF PARKS PROPERTY. No. 62. An Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. The Act approved February 28, 1874 establishing a new charter for the City of Atlanta and the several acts amendatory thereof are further amended as follows: Acts amended. The charter of the City of Atlanta as set out in the official code, City of Atlanta, 1942, and particularly Section 17-103 of Chapter 17 is amended by adding at the end thereof the following: Provided, however, the Mayor and General Council shall have authority to sell and convey to the Atlanta Post No. 1, American Legion, a corporation, a strip of land in Piedmont Park adjoining the North side of the American Legion Post property not more than sixty (60) feet in width and of the same depth as the North property line of said Legion Post, running Easterly from Piedmont Avenue. Sale of property to American Legion. So as amended, said Section 17-103 shall read as follows: 17-103. SALE OF PARKS FORBIDDEN; PENALTY FOR VIOLATION OF SECTION.The Mayor and General Council shall have no authority or power to sell, exchange, farm out, lease out or in any way alien the property known as Grant Park, Piedmont

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Park, Maddox Park, Mozley Park, Candler Park, Oakland City Park, Adair Park, James L. Key Golf Course, Pershing Point Park, John A. White Park, Atlanta Memorial Park and Washington Park, but same shall remain as now established; and all contracts, negotiations, grants, leases or other forms of transfer in violation of this section are declared void and of no effect as against the city, and any official voting therefor shall be deemed guilty of violating his duty, and subject to impeachment and removal from office therefor. Provided, however, that the provisions of this section shall not apply to the sale, exchange or alienation of such articles or equipment of said parks as are worn out or useless or which for the betterment of the service can be advantageously substituted by new or improved machinery or equipment. Provided, however, the Mayor and General Council shall have authority to sell and convey to the Atlanta Post No. 1, American Legion, a corporation, a strip of land in Piedmont Park adjoining the North side of the American Legion Post property not more than sixty (60) feet in width and of the same depth as the North property line of said Legion Post, running Easterly from Piedmont Avenue. Section as amended to read. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 12, 1945. WHITFIELD COMMISSIONER AND CLERKCOMPENSATION. No. 63. An Act to amend an Act to create the office of Commissioner of Roads and Revenue for the County of Whitfield, approved July 29, 1929, to fix the compensation of said Commissioner of Roads and Revenue, to strike therefrom Section 9 of said Act, by inserting in lieu thereof another section fixing the compensation of such Commissioner and the Clerk of said Commissioner;

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to repeal all laws in conflict with this Act; and for other purposes: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority aforesaid, that from and after the passage of this Act, the Act creating the office of Commissioner of Roads and Revenue of the County of Whitfield, which Act was approved July 27, 1929 be and the same is hereby amended, as follows: Act amended. Section 2. Section 9 of said Act is hereby stricken in its entirety and the following substituted in lieu of said Section: Be it further enacted by the authority aforesaid that the compensation of said Commissioner shall be $5,000.00 per annum to be paid at the rate of $416.66-2/3 per month, at the end of each calendar month. That the compensation of the said Clerk of said Commissioner shall be $1,000.00 per annum to be paid at the rate of $82.50 per month, at the end of each calendar month. Salary of Commissioner and Clerk. 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 12, 1945. NORWOODREGISTRATION OF CANDIDATES. No. 64. An Act to amend an Act entitled An Act to amend, revise, consolidate and supersede the Acts incorporating the Town of Norwood, in the County of Warren; to confer additional powers upon the corporate authorities thereof, and otherwise amend the charter of said town, and to provide a new charter for the same, approved August 10, 1916, and various Acts

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amendatory thereof, so as to provide for qualification of candidates for mayor and councilmen of the Town of Norwood. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the Act incorporating the Town of Norwood, in Warren County, and providing for the election of councilmen for the same and for other purposes therein mentioned, approved August 10, 1916, and the various Acts amendatory thereof be so amended by adding a new section at the end of Section 5, to be known as Section 5 (a) and to read as follows: Act amended. Section 5 (a). All candidates for mayor and all candidates for councilmen shall be required to register his or her name with the Clerk of the Town of Norwood at least ten days before the election for said mayor and for said councilmen, and said candidates shall be required to indicate whether he or she desires to run for mayor or for councilman. Should any person fail to register his or her name with said clerk ten days before the election he or she desires to enter, such candidate shall not be eligible to run in said election or to hold the office of mayor or councilman and the said Town of Norwood shall be prohibited from placing said person's name upon the ballots. All laws and parts of laws in conflict with this section, and any part of the present charter of the Town of Norwood in conflict with this section are hereby repealed in so far as said conflict is concerned. New Section. Candidates to register. Approved February 12, 1945. COMER CHARTER AMENDMENTS. No. 65. An Act to amend an Act, approved August 20, 1913, (Georgia Laws, 1913, pp. 728-753 inclusive), entitled An Act to create and incorporate the City of Comer

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in the County of Madison, and grant a charter to that municipality under that corporate name and style, to prescribe and define the corporate limits thereof; to provide a municipal government for said City, and to declare the rights, powers, privileges, and liabilities of said corporation; to authorize said city to issue bonds and other evidences of debt for public purposes, such as for school buildings and equipment for same, sewers, electric lights and water works; to declare and define the police powers of said city and to declare and define the duties and powers of the officers of said city, and to provide for other matters of municipal regulations, concern and welfare, and for other purposes, so as to confer on the Mayor and Council the power and authority to regulate the use of its streets for business purposes, to require candidates for municipal offices to file notice of their candidacies fifteen days before the time of holding elections for the 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. The Mayor and Council shall have full power and authority to regulate the use of the streets of the City of Comer for business purposes and no person, firm or corporation shall have the right to use the streets of said City of Comer for business purposes without first having obtained the consent and license of the Mayor and Council of the City of Comer, provided, that such consent and license shall not be required of farmers using the streets of the City of Comer in selling and disposing of agricultural, grove, orchard, poultry, dairy and other products grown, raised and produced by them on farms operated by them. Use of streets licensed. Farmers exempted. Section 2. Be it further enacted by the authority aforesaid, that all candidates for Mayor and Councilmen of the City of Comer, and all municipal officers elected by the voters of said City, shall file notice of their candidacy, either by themselves or by the proper authority of the party nominating them, with the Mayor or other chief executive officer of said City at least 15 days

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before the regular election at which said officers are elected, and only those candidates who have filed such notice shall have their names entered on the ballot and be voted for at said election. Notice of candidacy of municipal officers. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1945. HENRY CITY COURT ABOLISHED. No. 66. An Act to repeal an Act establishing the City Court of Henry County, approved Febryary 12th, 1941 (Georgia Laws 1941 pages 667-688) entitled An Act to establish a City Court in and for the County of Henry, to provide for the terms and jurisdiction of same, to provide for the qualifications and appointments of the Judge and the Solicitor of said Court, and salaries of same; and to define powers and duties of the Judge and the Solicitor of said Court; and for other purposes; and to repeal an Act amending the aforesaid Act approved March 15th, 1941 (Georgia Laws pages 690-619); and to provide for the disposition of the business pending in said Court, and to provide the effective date of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that the Act establishing the City Court of Henry County, approved February 12th, 1941 (Georgia Laws 1941 pages 667-688) entitled An Act to establish a City Court in and for the County of Henry, to provide for the terms and jurisdiction of same, to provide for the qualifications and appointments of the Judge and the Solicitor of said Court, and salaries of same; to define the powers and duties of the Judge and the Solicitor of said Court; and for other purposes, be and the same is hereby repealed, and the Act amending the aforesaid Act approved March 15th, 1941, (Georgia

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Laws 1941, pages 690-691), be and the same is hereby repealed, and the said City Court of Henry County is hereby abolished, to take effect July first, 1945. Acts establishing City Court and amending Acts repealed. Section 2. Be it further enacted, that all business, both civil and criminal, pending in said City Court of Henry County at the time this Act goes into effect shall be and the same is hereby transferred, for trial and disposition, to the Superior Court of said County. That the Clerk of said City Court of Henry County, and all officers of said Court, are hereby directed and required to deliver and turn over to the Clerk of the Superior Court of said County of Henry, all papers in all cases, both civil and criminal pending in said City Court at the time this Act takes effect. The Dockets, Minutes, Books, and all other records, and original papers and all other documents and papers of said City Court, or pertaining thereto, including remittiturs from the Supreme Court and the Court of Appeals, shall be by the Clerk and Sheriff of said City Court turned over to, and deposited with the Clerk of the Superior Court of the County of Henry, and to be kept as part of the records of said Superior Court. The remittiturs from said Supreme Court or the Court of Appeals, of cases from said City Court when this Act goes into effect, shall, upon the termination of said case or cases, in said Appellate Court, be transmitted to the Clerk of the Superior Court of said County. Business transferred to Superior Court. Section 3. Be it further enacted, that any and all costs which have accrued to the County of Henry in said City Court, shall be paid into the Treasury of Henry County, as now required by law. Costs, how paid. Section 4. Be it further enacted, that this Act shall take effect and become operative July 1st, 1945 after the passage and approval of same. Effective date. Section 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1945.

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DALTON CHARTER AMENDMENTS. REFERENDUM. No. 67. An Act to amend the charter of the City of Dalton, Georgia; to create a police and fire department for said city; to provide a retirement fund for the members of the police and fire department; to provide the manner of selection of the chief of police and the chief of the fire department; to provide the manner of selection of policemen and firemen; to abolish the office of marshal of said city; to prescribe the duties and powers of the chief of police and the fire department; to provide for the qualification of police officers and firemen; to provide for a Civil Service Commission to administer the affairs of the police department and the fire department; to define their powers and duties; to provide for the administration of the retirement fund by said commission; to repeal all acts in conflict with this Act; to provide for the submission of this Act to the voters of the City of Dalton for approval or rejection; 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 several Acts heretofore passed by the Legislature creating the charter for the City of Dalton, and the several Acts amendatory thereto, are hereby amended as follows: Acts amended. Section 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that there is hereby created for the City of Dalton a police and fire department, to consist of a chief of police and such other police officers, and a fire chief, and such other firemen, as may be determined by a Civil Service Commission, consisting of three members to be appointed by the mayor and council of said city as is hereinafter provided, and such commission shall be

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charged with the administration of the affairs of said departments. Police and Fire Departments created. Section 3. That the mayor and council of the City of Dalton at their first regular meeting held during the year of 1946 shall appoint three commissioners, to be known as the Civil Service Commission of the City of Dalton, Georgia. One commissioner shall serve one-third of a full term or one year; one commissioner shall serve two-thirds of a full term or two years; one commissioner shall serve a full term of three years. Upon the expiration of the term of service of any member so appointed the mayor and council of the City of Dalton shall appoint a member for a full term; one member to be appointed each year, starting one year from the date of the appointment of the first commissioner. The mayor and council of the City of Dalton shall fix the compensation and salary of said commission, but in no case shall any member of said commission be paid more than $25.00 per year. Civil Service Commission. Terms of office. Section 4. Within fifteen days after the election of said commission by the mayor and council of the City of Dalton, the members of said commission shall meet and elect one of its members as chairman of said commission and one of its members as secretary of said commission. Immediately upon organizing said commission, said commission shall take any and all steps that are necessary, and formulate any and all rules and regulations necessary to put the police and fire department of the City of Dalton on a Civil Service basis. Chairman. Formulate rules and regulations. Section 5. On the first day of January, 1946, every member of the police force, and member of the fire department of the City of Dalton, Georgia, shall be considered to be under Civil Service, and each member of the police department, and each member of the fire department shall have equal rank, and rating under such Civil Service, with the exception that the chief of police and the chief of the fire department, and the lieutenants on the police force shall retain their respective ratings as such chief and lieutenants, until the first meeting of the Civil Service Commission shall designate from the

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membership of said departments, a police chief, and three police lieutenants, and from the fire department, a chief of the fire department, and an assistant chief of the fire department. It is further provided that for all future appointments to the police or fire department of the City of Dalton, such appointment shall be made subject to the rules and regulations for Civil Service as may be formulated by the Commission; provided further, that no person shall be appointed to either the police or fire department who is not a bona fide resident of the City of Dalton. Members of departments under Civil Service. Chiefs designated. Section 6. The duties of said chief of police shall be such as conferred by an Act approved February 24, 1874, amending and codifying the various Acts amendatory (Georgia Laws 1874, page 181), and Acts amendatory thereto, upon the marshal of the City of Dalton, with the exception that the power to levy fi. fas., collect past due taxes, collect licenses, from or against any defaulting person, firm, corporation, or association shall be transferred to a member of the police department to be designated by the said commission, and said officer so designated shall give a bond in the amount of $1,000 payable to the mayor and council of the City of Dalton, for the faithful performance of his duties. The premium of said bond shall be paid out of the Treasury of the City of Dalton. The chief of police shall be responsible to the Civil Service Commission for such other duties, and responsibilities as may from time to time be placed upon the chief of police, by the Civil Service Commission of the City of Dalton. Duties of police chief. Bond. Section 7. The duties of the fire chief shall be those duties as are now imposed upon the fire chief of the City of Dalton, by law, and shall be responsible for other duties and responsibilities as may from time to time be placed upon the fire chief by the Civil Service Commission. Duties of fire chief. Section 8. The chief of police and the chief of the fire department of the City of Dalton, shall be the head of their respective departments, and shall hold office for a period of two years, and until their successors are qualified,

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but either may be removed, demoted or discharged at any time by the Civil Service Commission of the City of Dalton, if either shall be convicted, after an open hearing before the Commission, of any misconduct, insubordination or violation of any of the rules of the commission. Tenure. Section 9. All police officers shall be subject to the direction and control of the chief of police, and all firemen shall be subject to the direction and control of the chief of the fire department, and they shall have the right to suspend any officer or fireman for incompetency, insubordination, or misconduct, and report such suspension to the Civil Service Commission. Immediately upon suspension of any policeman or fireman, the chief of police or fire chief, as the case may be, shall report such suspension to the Civil Service Commission of the City of Dalton, and such commission shall immediately serve upon such suspended party a copy of the charges against him, and at their next regular meeting shall hear and determine the truth of said charges, at an open hearing, and if said commission shall determine said charges are true, it may either suspend or discharge such policeman or fireman, as the facts in the case may warrant. Authority of chiefs. Section 10. The salary of the chief of police and the chief of the fire department, and all officers and firemen, shall be fixed by the mayor and council at the last meeting of said mayor and council in each year, and said salaries shall not be changed for a period of one year. Salaries. Section 11. No election shall be held in said City of Dalton for the election of a marshal after the passage of this Act, and upon the election of a chief of police, as herein provided, the office of marshal shall become abolished. Office of marshal abolished. Section 12. It shall be mandatory on the Civil Service Commission of the City of Dalton to reinstate any firemen or police officers who while a member of said department was inducted or volunteered as a member of the armed forces of the United States during the period of the present World War, commonly known as World

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War II, immediately upon his application to said commission for reinstatement. Armed forces. Section 13. Immediately upon the election of the Civil Service Commissioners, police officer, and firemen, they shall take oath as prescribed in the charter of the City of Dalton. Oath. Section 14. Said Civil Service Commission may from time to time make such rules and regulations as they may think proper for the proper conduct of the affairs of such commission and the police and fire department, and for the proper administration of the Civil Service regulations of the commission. The said commission is hereby authorized and directed to make and formulate any and all rules and regulations necessary under Civil Service, for the proper control and administration of the said police and fire department. Rules and regulations. Section 15. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act there shall be raised and established in the City of Dalton, by the mayor and council of said City of Dalton, Georgia, funds for the aid, relief, pensions of paid members of the police and fire departments of said city, whether officers or employees in service at the time of passage and approval of this Act, and such other officers or employees of the said police and fire departments as may hereafter be entered on the pay rolls of the said police and fire departments of the City of Dalton, and dependents of such persons as designated in the following sections. Pensions. Section 16. Be it and it is further enacted that all such officers, employees, and members may as a matter of right retire from active service, provided that he has served 25 years in active service or has reached the age of 65 years at the time of his retirement; provided, however, that none shall be eligible for retirement as a matter of right until the expiration of five years from the effective date of this Act. Retirement. Section 17. Be it and it is hereby further enacted that

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any eligible person of the police or fire department of the city of Dalton, who shall be injured or whose health shall become impaired to such an extent as to render him totally disabled as a result of such services shall upon application be retired. Should the Civil Service Commission refuse to grant a retirement, or order therefor, of such person the applicant shall select a physician, the Commission 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. Disabilities Section 18. 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 Fifty ($50.00) Dollars per month, provided he has served 25 years in active service or has reached the age of 60 at the time of his retirement, or shall have become totally disabled in line of duty at any time. Amount of Pensions. Section 19. In case of the death of any member of the police or fire department of the City of Dalton, which death shall result from performing the duties of his position, the widow of said deceased or if no widow, the minor child or children under the age of 16 years, the legal qualified guardian of the minor child or children shall receive the sum of $1,000.00. Death in performance of duties. Section 20. A Tax of 5% of the salary of each member of the police and fire department of the City of Dalton, shall be levied on all persons named in this Act in active service on the first day of January, 1946, and the City Treasurer of the City of Dalton shall retain that amount from each of such salaries to be applied toward the purposes of this Act. The mayor and council of the City of Dalton shall set aside a sum equal of 5% of the amount of the salaries of the members of the police and fire department of the City of Dalton, from the general funds for the purpose of payment of the pensions herein named. Be it further enacted that the Civil Service Commission shall manage said pension funds, but shall be

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kept in a separate account in the city depository by the City Treasurer. Tax on salaries. Section 21. The said Civil Service Commission of the City of Dalton shall make all rules for the payment of funds to those entitled to receive the same. Section 22. The City Attorney of the City of Dalton, shall render such services as is required by said Civil Service Commission without extra compensation. City Attorney. Section 23. No payments shall be made under this Act until the fund has been in operation for a period of five years excepting if any person who is dismissed from the police department or the fire department of the City of Dalton, he shall be refunded such money as has actually been deducted from his salary and placed in said fund. No payments from fund for 5 years. Section 24. In case there should accumulate more funds than is needed for the immediate use by the Civil Service Commission for the payments of pensions, the said Civil Service Commission is hereby empowered to invest such funds in United States of America bonds, Georgia State bonds, or good Municipal bonds or otherwise. Investment of surplus funds. Section 25. Be it and it is further enacted that such funds as shall be paid out shall not be subject to attachment, garnishment, judgment or assignable, but shall be paid to the beneficiary by the Civil Service Commission of the City of Dalton. Funds not subject to attachment, etc. Section 26. 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 in the employment of the police department or the fire department of the City of Dalton, Georgia, or who may hereafter be in such service and to their dependents, and that the only purpose of this Act is that such funds may be raised in accordance herewith, and shall be used only as is provided in this Act. Purpose of Act. Section 27. Be it and it is further enacted that in the event any clause or clauses of this Act shall be held to be unconstitutional or invalid by the courts of this

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State, that such holding shall not invalid [sic] any other portion, but shall affect only that part of clause or clauses and [sic] held unconstitutional. Invalid parts. Section 28. It is further provided that said Civil Service Commission may receive gifts of funds from any source for the purpose of supplementing the funds to be used for retirement purposes for the members of the police and fire department. Gifts. Section 29. Be it further enacted by the authority aforesaid that this Act will not go into effect until the same has been submitted to the qualified voters of the City of Dalton, in a special election to be held not less than 60 days nor more than 90 days from the date of the approval of this Act. Referendum. Section 30. It shall be mandatory on the mayor and council of the City of Dalton, to call said election within the time above specified. On the date of said election the mayor and council of the City of Dalton shall furnish said voters with ballots upon which shall be printed, For ratification of the Act to establish the Civil Service Commission of Dalton, and Against the ratification of the Act establishing the Civil Service Commission of the City of Dalton. Election called. Section 31. If a majority of those voting in said election vote for ratification, this Act shall take effect on the first day of January, 1946. Effective date. Section 32. The returns of said election, after the managers have consolidated the same, shall be made to the mayor and council of the City of Dalton, who shall declare the result of said election. Returns of election. Section 33. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1945.

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SEMINOLESPRING CREEK SCHOOL DISTRICT TRUSTEES. No. 68. An Act to provide five district trustees for the Spring Creek Consolidated School District of Seminole County, Georgia; to provide for their terms of office and the manner in which they shall be elected; 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 following named persons shall be trustees of the Spring Creek Consolidated School District of Seminole County, Georgia for the terms ending as indicated, to-wit: Trustees designated Term ending July 1, 1945Roscoe Burke. Term ending July 1, 1946W. P. Martin and W. H. McDonald. Term ending July 1, 1947Pete Nichols and R. L. Johnson. Section 2. That at the expiration of the terms of each of said trustees, they and their successors in office shall be elected in the manner provided by law for the election of school trustees. Successors elected. 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 12, 1945. Note by Compilor: This Act seems to be identical with Act No. 86. CAMILLA CITY COURT SHERIFF'S BOND. No. 69. An Act to amend an Act creating the City Court of Camilla, approved August 17, 1905, and all acts

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amendatory thereof, and, particularly Section 8 of said Act, so as to provide that the bond of the Sheriff of the City Court of Camilla shall likewise be responsible for the faithful discharge of his duties when acting as Sheriff of the City Court of Pelham, and to provide for payment of premiums on such bonds when written by an acceptable indemnity company, by the Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, under certain conditions, to repeal all conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That from and after the passage and approval of this Act, an Act approved August 17, 1905, and all acts amendatory thereof, be and the same is hereby amended by inserting between the words office and All in the ninth line of Section 8, of said Act approved August 17, 1905, the following words and sentences, to-wit: Said bond shall likewise be responsible for the faithful discharge of the duties of such officer when acting as Sheriff of the City Court of Pelham, and the Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, may, if they see fit, pay the premium or premiums, on such bond, when written by an acceptable indemnity company, out of any funds that may be available for such purpose so that when amended said section shall read as follows: Acts amended. Bond. Acting sheriff of City Court of Pelham. Section 8. Be it further enacted. that the sheriff of Mitchell County shall be ex officio sheriff of the said city court of Camilla. Said sheriff shall be required to file an oath for the faithful performance of his duties as sheriff, said oath to be entered upon the minutes of said court. Before entering upon the discharge of his duties, said sheriff shall execute a bond, with good security, to be approved by said judge, in the sum of two thousand dollars for the faithful discharge of the duties of his office. Said bond shall likewise be responsible for the faithful discharge of the duties of such officer when acting as Sheriff of the City Court of Pelham, and the Board of Commissioners of Roads and

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Revenues of Mitchell County, Georgia, may, if they see fit, pay the premium, or premiums, on such bond, when written by an acceptable indemnity company, out of any funds that may be available for such purpose. All the duties attaching to the office of clerk of the superior court and to the office of sheriff of Mitchell County shall attach to the office of clerk and sheriff of the city court of Camilla respectively, and the judge of the city court is empowered to exercise the same authority over the clerk and sheriff as is now exercised by the judge of the superior courts over the clerks and sheriffs of the superior courts of this State. Section 8 to read as amended. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that this law is to become effective immediately on its passage and approval by the Governor of Georgia. Section 3. Be it further enacted that all laws and parts of laws in conflict with this act are hereby repealed. Approved February 12, 1945. CAIRO CHARTER AMENDMENTSCITY MANAGER. REFERENDUM. No. 70. An Act to amend the Charter of the City of Cairo, to provide for a City Manager Form of government for said City, to provide for the manner in which the Clerk and Treasurer of the City of Cairo may be elected; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that an Act, approved August 6th, 1906, entitled: An Act to incorporate the city of Cairo, in the county of Grady, and prescribe the limits thereof; to provide

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for a mayor and councilmen and other officers of said city, and to prescribe their powers and duties and the manner of their election; to provide for the registration of voters of said city; to declare and define the police powers of said city, and provide for all matters of municipal concern and cognizance; to provide that all valid contracts heretofore entered into by the authorities of the town of Cairo shall be valid for and against the city of Cairo; to provide that the City of Cairo shall succeed to all of the rights and liabilities of the town of Cairo, and that all property now owned and held by the town of Cairo shall be and become the right and property of the City of Cairo; to provide for the continuance, maintenance and operation of the system of waterworks and electric lights heretofore operated by said town, and for the establishment of a sewerage system and such other public improvements as the authorities may see proper from time to time to establish; to authorize the raising of tax for any and all purposes; to provide for the condemantion of private property for public use and for compensating the owners thereof; to provide for ad valorem and special taxation by said corporation; to provide for a board of tax assessors and to define their powers and duties; to create the `City of Cairo', and to grant a charter to that municipality under that corporate name and style, and for other purposes; with the Acts amendatory thereof, be, and the same is hereby amended in the following particulars: Section 1. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Cairo, shall select and appoint a City Manager for the City of Cairo within sixty days after the date that this amendment becomes effective, who shall be the administrative head of the municipal government of the City of Cairo, and who shall be responsible for the efficient administration of all departments of said municipal government. City Manager. Said city manager shall be selected and appointed without regard to his place of residence, political beliefs or affiliation; and during his absence or disability the

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mayor and council may designate some qualified person to execute and perform the functions and duties of the office; and in case of a vacancy in the office of city manager it shall be the duty of the mayor and council to appoint a successor as early as practicable, the mayor and council to have full power to make a temporary appointment or to perform the functions and duties of the office during said vacancy. Appointment. Vacancy The powers and duties of said City Manager shall be: Powers and duties. (a) To see that all laws and ordinances are enforced. (b) To exercise control over all departments and divisions of the City of Cairo. (c) To attend all meetings of the mayor and council, with the right to take part in all discussions, but having no vote. (d) To recommend to the mayor and council for adoption, such measures as he may think necessary and expedient. (e) To prepare and submit to the mayor and council an annual budget. (f) To keep the mayor and council fully advised as to the financial condition and needs of the city. (g) To supervise and direct the official conduct of all appointive city officers, except as may be hereinafter otherwise provided. (h) To supervise the performance of all contracts made by any person for work done for the City of Cairo, and to make all purchases of materials and supplies for the city under such rules and regulations as may be imposed by the mayor and council; and to perform such other duties as may be prescribed in this Act or as may be required of him by ordinance or resolution of the mayor and council. (i) To appoint and discharge all subordinate officers and employees in all departments, all appointments to be made upon merit and fitness alone; said right of

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appointment and discharge being subject to the ratification and approval of the mayor and council at its next regular meeting after such appointment or discharge; provided, however, that if the mayor and council shall desire the discharge of any officer or employee of the city, and the city manager shall, upon demand of the mayor and council, refuse to discharge such officer or employee, said mayor and council may, by proper resolution, passed at a regular meeting of the mayor and council, discharge such officer or employee. Section 2. Be it further enacted by the authority aforesaid, that the city manager may be removed from his office or employment at any time by a majority vote of said mayor and council, without cause and without notice. Removal from office. Section 3. Be it further enacted by the authority aforesaid that the mayor and council of the City of Cairo shall fix the salary or compensation of the city manager. Salary. Section 4. Be it further enacted by the authority aforesaid that the present Clerk and Treasurer of the City of Cairo shall hold his office until the expiration of the term to which he was elected, unless sooner removed from office in the manner provided by law; and that after the term of the present Clerk and Treasurer shall have expired, then the Clerk and Treasurer of the City of Cairo shall be appointed by the mayor and council of the City of Cairo for an indefinite term; and the mayor and council shall have the power and authority to remove the Clerk and Treasurer so appointed, without cause and without notice. Clerk and Treasurer. Section 5. Be it further enacted by the authority aforesaid, that the mayor and council may require the city manager to come before them at any time and answer questions either orally or in writing, and may require from said city manager, at any time they may see fit, written reports upon any matters involving the city that they may deem proper; and it shall be the duty of said city manager to make monthly reports to

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the mayor and council of his general actions and doings, and to file full and complete reports of the various departments of the City of Cairo at least four times each year. Reports. Section 6. Be it further enacted by the authority aforesaid, that the Act creating and establishing the charter of the City of Cairo, approved August 6th, 1906, together with all Acts amendatory thereof, are hereby declared to be of full force and effect, except in so far as they may be in conflict with the provisions of this Act. Prior Acts of force. Section 7. Be it further enacted by the authority aforesaid, that a special election shall be held in the City of Cairo, as provided in Sections 69-101 and 69-102 of the Code of Georgia, 1933, to determine whether or not this Act shall be put into full force and effect. The ballots for said election shall have written or printed thereon the words: Referendum. Sections 69-101, 102. FOR AMENDMENTS TO PRESENT CHARTER AGAINST AMENDMENTS TO PRESENT CHARTER and if a majority of those voting in said election shall vote for FOR AMENDMENTS TO PRESENT CHARTER, this Act shall become effective; but if a majority of those voting in said election shall vote for, AGAINST AMENDMENTS TO PRESENT CITY CHARTER, this Act shall not become effective. Ballots. Section 8. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Approved February 12, 1945. BLUE RIDGE JUDICIAL CIRCUITSOLICITOR'S GENERAL SALARY. No. 71. An Act to amend an Act approved March 4, 1937, entitled an Act to amend an Act approved March 2,

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1933, entitled an Act to amend an Act approved July 29, 1925, entitled an Act to amend an Act approved August 15, 1921, entitled an Act to amend an Act approved August 20, 1918, entitled an Act to abolish the fee system now existing in the Superior Courts of the Blue Ridge Judicial Circuit as applied to the office of Solicitor General, and all fees now, heretofore or hereafter accruing to the office of Solicitor General in said circuit, in so far as the same constitute the compensation attached to said office; to provide for the payment of a salary to said Solicitor General in addition to the salary prescribed in Paragraph 1, of Section 13, of Article 6 of the Constitution of this state; to provide for the disposition of the fines, forfeitures, and fees, including insolvent costs, accruing to the office of Solicitor General in said Judicial Circuit; to impose certain duties upon the clerk of the Superior Courts of the counties composing said circuit, and upon the Solicitor General of said circuit in reference to the collection, payment and disposition of all funds, moneys, and emoluments accruing to the office of Solicitor General; to provide for the levy and collection of a tax by county authorities of the various counties composing said circuit, for the purpose of paying the salary of said Solicitor General; and for other purposes; by striking from the twelfth, thirteenth, fifteenth, nineteenth, and twentieth lines of Section 1 of said Act of March 4, 1937, the figures five thousand two hundred and fifty ($5,250.00) Dollars and inserting in lieu thereof the figures six thousand two hundred and fifty ($6,250.00) Dollars so as to increase the salary of the Solicitor General to six thousand two hundred and fifty ($6,250.00) Dollars in addition to the salary of two hundred fifty ($250.00) Dollars prescribed in paragraph 1, Section 13, of Article 6, of the Constitution of this state. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 1 of an Act approved March 4, 1937, pages 1462, 1463 and 1464 of the Georgia Laws of 1937,

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which was an Act amendatory of the Act approved March 2, 1933, which was an Act amendatory of an Act approved July 29, 1925, which was an Act amendatory of an Act approved August 15, 1921, which was an Act amendatory of an Act approved August 20, 1918, be and the same is hereby amended as follows: By striking the figures five thousand two hundred and fifty ($5,250.00) Dollars in the twelfth, thirteenth, fifteenth, nineteenth and twentieth lines of Section 1 of said Act of March 4, 1937, and inserting in lieu thereof the figures six thousand two hundred and fifty ($6,250.00) Dollars, so as to make the salary of the Solicitor General of the Blue Ridge Judicial Circuit the sum of six thousand two hundred and fifty ($6,250.00) Dollars per annum in addition to the constitutional salary of two hundred and fifty ($250.00) Dollars prescribed in Paragraph 1, Section 13, of Article 6, of the Constitution of this state, said salary of six thousand two hundred and fifty ($6,250.00) Dollars and constitutional salary of two hundred and fifty ($250.00) Dollars shall be in full payment of all services of said Solicitor General and all traveling and other expenses, aid and legal assistants engaged or employed by him, except as provided by law to Solicitors General. Acts amended. Salary of Solicitor General. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1945. COLUMBUS AND MUSCOGEE MUNICIPAL COURTJUDGE'S SALARY. No. 72. An Act to amend an Act entitled An Act to abolish Justice Courts and the office of Justice of the Peace and Notary Public, Ex-Officio Justice of the Peace and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus and County of Muscogee and to define its jurisdiction and powers;

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to provide for the election of a Judge and of other officers thereof; to define their powers and duties and to fix their compensation; to provide for the rules of procedure and new trials in said court and writs of error therefrom, and for other purposes, said Act approved August 12, 1915 and contained in Georgia Laws 1915, pages 63 to 79, by increasing the salary of the Judge of said court from four thousand dollars to forty-eight hundred dollars, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, by authority of the same, that the Act entitled An Act to abolish Justice Courts and the Office of Justice of the Peace and Notary Public, Ex-Officio Justice of the Peace and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus and County of Muscogee and to define its jurisdiction and powers; to provide for the election of a Judge and other officers thereof to define their powers and duties and to fix their compensation; to provide for the rules of procedure and new trials in said courts and writs of error therefrom and for other purposes, said Act approved August 12, 1915 and contained in Georgia Laws 1915, pages 63 to 79, be and the same is hereby amended as follows: Acts amended. By striking the words Four Thousand Dollars in Section 10 of said Act as amended August 15, 1929, and published in Georgia Laws 1929, pages 391 to 394 and inserting in lieu thereof the words Forty-Eight Hundred Dollars, so that said Section 10, when so amended, shall read as follows: Section 10. Be it further enacted by the authority aforesaid that the salary of the Judge of said Municipal Court shall be Forty-Eight Hundred Dollars per annum. Judge's salary. Section 2. This Act shall be effective from the first day of the month next following the approval of the same. Effective date. Section 3. Be it further enacted by the authority

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aforesaid that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 12, 1945. GAINESVILLE SCHOOL TAX. No. 75. An Act to amend an Act creating the Gainesville public school system as provided by the Acts of the Legislature, Georgia Laws 1882, page 402, Section 5, and Georgia Laws 1937, page 1908, providing for the levy of a tax in support and maintenance of said school and providing that the City of Gainesville be empowered to levy a tax not exceeding seventy-five cents on the $100.00 by striking the words and figures seventy-five cents on the $100.00 and substituting in lieu thereof the words and figures one hundred cents on the $100.00; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the tax limit of seventy-five cents on the $100.00, as provided by Acts of the Legislature 1937, page 1908, Section 4, be amended by striking therefrom that portion which provides: To levy a tax not exceeding seventy-five cents on the $100.00 and substituting therefor: To levy a tax not to exceed one hundred cents on the $100.00. So that Section 2 shall read as follows: That from and after the passage of this Act, the City of Gainesville by and through its Commissioners, or other governing body, shall be and is hereby vested with the power and authority to levy a tax not exceeding one hundred cents on the $100.00 of all property located within the corporate limits of said city and subject to an ad valorem tax by said city for school purposes. Act of 1937 p. 1908, Section 4 amended. Tax levy. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1945.

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ADOPTED CHILDRENBIRTH CERTIFICATES. No. 76. An Act to Amend an Act of the General Assembly approved March 27, 1941 (Georgia Laws 1941, page 300, et seq.), as amended by an Act approved March 20, 1943 (Georgia Laws 1943, pages 420 and 421) by adding a provision that the adopting parents of a child adopted prior to said Act of 1941 may obtain a birth certificate for such adopted child in the same manner as provided in said Act and the Act amendatory thereof; and for other purposes. Be it enacted by the General Assembly of Georgia that Section Fourteen (14) of the Act of the General Assembly approved March 27, 1941 (Georgia Laws 1941, page 300, et seq.), as amended by an Act approved March 20, 1943 (Georgia Laws 1943, pages 420 and 421), be further amended by adding thereto a new subsection to be numbered Three (3), said new subsection, when enacted, to read as follows: Acts amended. 3. The parents by adoption of a child adopted under the Laws of Georgia in force prior to March 27, 1941 may, at any time, upon written request, obtain a birth certificate for such child in the same manner and form and subject to the same provisions set forth in subsection Two (2), the duties of the Clerk and Registrar, and the form of the birth certificate to be issued being the same as provided in said subsection Two (2). The Clerk and the Registrar shall be authorized to collect their usual costs for furnishing the certified copies and birth certificates. New sub-section 3. Adopted children's birth certificates. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 12, 1945.

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BARNESVILLEELECTION OF COUNCILMEN. No. 77. An Act to amend an Act entitled 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 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 (Georgia Laws 1943 pp. 1266-1272), so as to change the method of voting for members of council from wards to a citywide vote; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved February 19, 1943 (Ga. Laws 1943 pp. 1266-1272) entitled 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

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upon the Mayor of the City of Barnesville the power to appoint certain members of Council, to repeal 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, and it is hereby amended as follows: Acts amended. (a) By striking from Section 3 of said Act all the words in said section appearing after the word voters in the third line thereof, to wit: 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 of voting in each ward, and inserting in lieu thereof the words: of the City of Barnesville. It shall be the duty of the Mayor and Council to provide one central place of voting in said City of Barnesville, so that when so amended Section 3 of said Act shall read as follows: Section 3 amended. 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 of the City of Barnesville. It shall be the duty of the Mayor and Council to provide one central place of voting in said City of Barnesville. To read. Central place of voting. (b) By striking from Section 4 of said Act the words in the ward of his residence appearing in the last sentence of said section, so that when so amended, Section 4 of said Act will read as follows: Section 4 amended. 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 any City election. To read. Qualification of voters. (c) By striking from Section 8 of said Act the last words of said section reading as follows and each two years thereafter each of the said wards shall elect a

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member of council, and inserting a period, so that Section 8 of said Act when so amended, shall read as follows: Section 8 amended. 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 member of the City Council to be so elected in 1943, shall be a resident of and elected by Ward 2. To read. Councilman's residence. (d) By striking from Section 9 of said Act the first word thereof, to wit: Beginning, and substituting for the next word thereto in the word In; and by striking from said Section 9 the last sentence, to wit: Each two years thereafter each of the said two wards shall elect a member of the City Council, so that when so amended, Section 9 of said Act shall read as follows: Section 9 amended. Section 9. 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. To read. Residence. (e) By adding to Section 12 of said Act a new sentence as follows, The councilmen of the City of Barnesville shall be from the several wards as provided by this Act, but such councilmen shall be voted on by the whole of the City of Barnesville, so that when so amended, Section 12 of said Act shall read as follows: Section 12 amended. 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. The councilmen of the City of Barnesville shall be from the several wards as provided by this Act, but such councilmen shall be voted on by the whole of the City of Barnesville. To read. Mayor and Councilmen voted on by whole City. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 12, 1945.

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TELFAIR SHERIFF'S BOND. No. 78. An Act to reduce the official bond of the Sheriff of Telfair County from $10,000.00 to $5,000.00; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That from and after the passage of this Act the amount of the official bond of the sheriff of Telfair County be and the same is hereby reduced from $10,000.00 to $5,000.00. Sheriff's bond $5,000.00. Section 2. That all laws and parts of law in conflict herewith be, and the same are, hereby repealed. Approved February 12, 1945. CUTHBERT ZONING. No. 79. An Act to amend a bill entitled an Act to create and incorporate the city of Cuthbert in lieu of the mayor and council of Cuthbert; to establish a system of public schools in the city of Cuthbert; and to provide for the maintenance and support of the same; to provide for the election of officers and to prescribe their duties, rights and powers; to authorize condemnation of private property for public uses; to authorize the establishment of a city chaingang and for other purposes; approved August 15, 1910 (Acts 1910, pp. 526-576) and all acts amendatory thereof, so as to vest in said city of Cuthbert, in adding to the powers and authorities heretofore conferred on it, authority to pass zoning and planning laws and ordinances whereby said city may be zoned for various uses and different uses, and regulating the uses for which zones and districts may be set apart, and regulating the plans for the development and improvement of real estate therein; 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 same. Section 1. That the Act creating the city of Cuthbert, entitled an Act to create and incorporate the city of Cuthbert in lieu of the mayor and council of Cuthbert; to establish a system of public schools in the city of Cuthbert; and to provide for the maintenance and support of the same; to provide for the election of officers and to prescribe their duties, rights and powers; to authorize condemnation of private property for public uses; to authorize the establishment of a city chaingang, and for other purposes; approved August 15, 1910 (Acts 1910, pp. 526-576) and all acts amendatory thereof, be and the same is hereby amended as follows, to wit: That the mayor and aldermen constituting the city of Cuthbert shall have power and authority to pass and enforce zoning and planning laws and ordinances whereby said city of Cuthbert may be zoned for various uses and different uses, regulating the use for which said zones or districts may be set apart, fixed and established, and the manner in which the same shall be used and enjoyed by the owners of the property therein, and the manner in which real estate in such zones or districts may be improved or developed, and to enact such ordinances, rules and regulations with respect thereto as the general welfare, public health or public safety shall authorize or demand. Acts amended. Zoning and planning laws and ordinances. Section 2. That all laws and parts of law in conflict herewith be, and the same are, hereby repealed. Approved February 12, 1945. CHEROKEE COMMISSIONER'S CLERK'S SALARY. No. 80. An Act approved August 9, 1915, as amended on July 24, 1929, by striking the words $900.00 in lines 10 and 18 of Section 1 of the amended Act of 1929, and inserting in lieu thereof the words $1200.00.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that an Act entitled Cherokee Commissioner's Clerk's Salary, approved July 24, 1929, to amend the Act creating the office of commissioner of Roads and Revenues of Cherokee County, Georgia, approved August 9, 1915, be amended by striking from Section 1 of said amended Act approved July 24, 1929, in lines 10 and 18 thereof the words $900.00 and substituting the words $1200.00, so that that portion of said Act relating to the Clerk of the Commissioner of Roads and Revenues of Cherokee County, when so amended, shall read as follows: That the Commissioner shall appoint a clerk whose salary shall not exceed $1200.00 per annum, the amount of said salary to be fixed by the Commissioner of Roads and Revenues of the County and to be paid monthly at the end of each month's services. Act amended. Salary of Clerk $1200.00. Section 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 12, 1945. COWETA JUDICIAL CIRCUITCOURT REPORTER'S SALARY. No. 81. An Act to provide a salary for the Official Court Reporter of the Coweta Judicial 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 the authority of the same as follows:

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Section 1. From and after the passage of the Act, the Official Court Reporter of the Coweta Judicial Circuit shall be paid a salary of Twenty-Four Hundred Dollars per annum which salary shall be paid monthly on the first day of each month, on the basis of two hundred dollars per month. Said salary shall be in lieu of all compensation in criminal and civil cases, as provided in Section 24-3104 of the Code of Georgia, and as further provided in the Acts of the General Assembly, 1943, page 276. Official Court Reporter's salary fixed. Section 2. The Salary herein provided for shall be paid pro rata out of the general treasuries of the various counties comprising the Coweta Judicial Circuit upon the basis of population. Each 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 census, and then in like manner, according to such succeeding Federal census, and so on according to each succeeding Federal census. Pro rated among counties. Section 3. It shall be the duty of the county authorities of the various counties comprising the Coweta Judical Circuit to make provisions 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 levy Section 4. From and after the passage of this Act, the Official Court Reporter of the Coweta Judicial Circuit shall make collection of all fees fixed by law arising from the reporting of cases in the Superior Court of said Judicial Circuit, and any other Court as may be directed by the Judge of the Superior Court of said Circuit, and all fees, except the transcribing fees in civil cases, arising from the proceedings had in such cases, shall be paid to the treasury of the County in which the Court trying the cases is situated. Fees paid into County Treasury. Section 5. The Official Court Reporter of said Circuit

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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 deposits 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 legal fees arising in such cases the excess shall be returned to the parties making the deposit. Deposit on fees Section 7. The appointment, removal, oath of office, and duties of the Official Court Reporter shall be the same as now prescribed in Code Section 24-3101, except that it shall be the duty of the reporter, when directed by the Judge of the Superior Court, to take down and transcribe the testimony in coroner's inquests and commitment hearings of capital felonies. Section 24-3101. Coroner's inquests reported. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 12, 1945. CEDARTOWN ZONING. No. 82. An Act to amend an Act, approved March 29, 1937, creating a new charter and municipal government for the City of Cedartown, in the County of Polk, and all Acts amendatory thereof, so as to provide zoning regulations for said city; to empower the governing authorities of said city to make regulations regarding zoning and city planning, the erection and construction

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of buildings, the laying out of streets and park spaces, the control of traffic; to regulate and control housing conditions; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority aforesaid, that an Act approved March 29, 1937, creating and establishing a new charter and municipal government for the City of Cedartown, in the County of Polk, and all Acts amendatory thereof, be and the same is hereby amended as follows: Act 1937 amended Section 2. That the commissioners of the City of Cedartown shall have power and authority to prepare and adopt a comprehensive plan for zoning the city for the purpose of suggesting the proper location of streets, apartment houses, dwellings, and for other uses of property, the height of buildings, the area of the lot, the provisions of yard space, and the fixing of building lines. Zoning. Section 3. That the commissioners of the City of Cedartown may, in the interest of the public health, safety, order and convenience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property, or for the purpose of regulating the height of buildings or other structures, or for the area or dimensions of the lots or yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such zones or districts may be of such shape and area as the commissioners of the City of Cedartown shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based upon the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises, the number of persons, families, or other group

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units to reside in or use buildings, the public quasi-public or private nature of the use of the premises, or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Ordinances. Section 4. For the reasons above stated, said commissioners of the City of Cedartown shall have the further right and power, in any districts proposed to be set aside primarily for residence purposes, to further classify the use thereof and to provide therein the class or classes of residents to be housed therein, and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the city and the residents thereof. Residence districts. Section 5. That the commissioners of the City of Cedartown, before adopting the zoning plan herein provided for, shall hold a public hearing thereon, notice of which shall be given in a newspaper of general circulation in said city, and a copy of such plan and proposed ordinance shall be on file in the office of the city manager or such other office as may be designated in said notice for public examination. Public hearings. Section 6. The commissioners of the City of Cedartown shall have power and authority to alter, amend, and change such zoning plan from time to time, as in their discretion may seem best, but notice of any such proposed change shall be given in the manner provided in the preceding section of this Act. Changes. Section 7. The commissioners of the City of Cedartown may, in their discretion, appoint a board to be known as a Planning Board to recommend to said commissioners the boundaries of the various zones to be laid out and to recommend the adoption of appropriate regulations and restrictions to apply to the lands, buildings and structures in said zones. The members of said Board, the number of members constituting said Board, and the duties of such members are to be determined by the city commissioners, as well as the term for which they shall serve and the compensation that they shall receive

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for such services, all of which may be changed from time to time in the discretion of the city commissioners. The acts of such Board shall be advisory only. Planning Board. Section 8. The zoning regulations shall be enforced in such manner as the commissioners of the City of Cedartown shall direct by the employees and officials of said city. Enforcement of regulations. Section 9. Appeals may be made to the commissioners of the City of Cedartown by any interested party for a change in said zoning plans or regulations, but the party making such appeal shall give notice thereof in the manner provided in section five of this Act. Appeals. Section 10. Every decision of the commissioners of the City of Cedartown as to zoning regulations 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 11. If any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid, and the other parts of this Act shall be unaffected thereby, and shall remain in full force and effect. Invalid parts. Section 12. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 12, 1945. BRUNSWICK-ST. SIMONS HIGHWAY EMPLOYEES PENSION. No. 83. An Act to amend an act entitled An act to amend the charter of the City of Brunswick, Georgia, approved February 5th, 1941, as amended by an act approved February 16th, 1943, authorizing the pensioning of City employees, by providing that the employees of the Brunswick-St. Simons Highway are included in

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the pension system of the City of Brunswick; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. The act entitled an act to amend an act amending the charter of the City of Brunswick, Georgia, approved February 5th, 1941, as amended by an act approved February 16th, 1943, establishing a pension system for the employees of the said City of Brunswick, is hereby amended by providing that each employee of the Brunswick-St. Simons Highway (which is owned jointly by the said City of Brunswick and by the County of Glynn) shall be deemed to have accepted the benefits of the pension system of the City of Brunswick unless he shall within sixty days from the passage of this act notify the Board of Pensions of the City of Brunswick that he does not desire to participate in such benefits, and such employees shall make the contribution to said pension fund and shall receive the benefits all as provided in said act. Acts amended. Pension benefits. Section 2. The contribution required of the City of Brunswick under Section 10 of the said act approved February 5th, 1941, shall be paid out of the funds of the said Brunswick-St. Simons Highway as an expense of operation before any division of such funds between the said City of Brunswick and the County of Glynn. Contributions by Brunswick. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 12, 1945. STONE MOUNTAIN JUDICIAL CIRCUITCOURT REPORTER'S FEES. No. 84. An Act to amend An Act to provide a salary for the official Court Reporter of the Stone Mountain Judicial Circuit; To provide for the collection and disposition

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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, (Acts of 1943, page 1143), by adding to the second sentence of Section 4 of said Act, immediately following the word Therefrom, these words in the discretion of the Commissioner of Roads and Revenues or other governing authorities of such County. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that the Act approved March 9, 1943 (Acts 1943, Page 1143), being an Act to provide a salary for the official Court Reporter of the Stone Mountain Judicial Circuit, and to provide for the collection and disposition of fees for reporting services rendered by such reporter, and for other purposes, be and the same is hereby amended by adding immediately after the word therefrom in the second sentence of Section 4 of said Act these words in the discretion of the Commissioner of Roads and Revenues or other governing authorities of such county so that said second sentence of said Section 4, as amended, shall read as follows: Act 1943, p. 1143 amended. In the event such Reporter shall render reporting services in addition to those heretofore enumerated in this Section, the proceeds therefrom, in the discretion of the Commissioner of Roads and Revenues or other governing authorities of such County, 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. Fees pro-rated. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 12, 1945.

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WAYCROSS JUDICIAL CIRCUITCOURT REPORTER'S COMPENSATION. No. 85. An Act to amend an Act approved March 27, 1941, No. 395, abolishing the fee system existing in the Superior Courts of the Waycross Judicial Circuit; to provide for restoring the fee system relating to reporting and transcribing civil cases; 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 1 of said Act No. 395 be, and the same is hereby, amended by adding after the words Official Court Reporter in the third line of said section, the words for attendance and for reporting and transcribing felony cases; by adding after the words in said Judicial Circuit in the fourth and fifth lines of said section, the words for attendance and for reporting and transcribing felony cases; and by adding after the word system in the last line of said section, the words for attendance and for reporting and transcribing felony cases, so that said section as amended will read as follows: Act 1941 amended. Section 1. The fee system existing in the Superior Courts of the Waycross Judicial Circuit as applied to the office of the Official Court Reporter, for attendance and for reporting and transcribing felony cases, and all fees now or hereafter accruing to the office of Official Court Reporter in said Judicial Circuit for attendance and for reporting and transcribing felony cases be, and the same are hereby, abolished in so far as the same constitutes compensation of the said Official Court Reporter; and the Official Court Reporter of said Judicial Circuit shall hereafter be paid a salary as hereinafter provided in lieu of fees as under the present system for attendance and for reporting and transcribing felony cases. Fees abolished. Salary. Section 2. That Section 2 of said Act No. 395 be, and the same is hereby, amended by striking therefrom the

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words and figures Three Thousand and 00/100 Dollars ($3,000.00), and substituting in lieu thereof the following words and figures: Two Thousand Seven Hundred and Three Dollars ($2,703.00); and by adding after the words in reporting and transcribing the word felony, so that said section as amended will read as follows: Section 2 amended. Section 2. The salary of the Official Court Reporter of said Judicial Circuit shall be the sum of Two Thousand Seven Hundred and Three Dollars ($2,703.00) per annum, which salary shall be paid pro rata out of the general treasury of the various counties composing said circuit upon the basis of population; that is to say, each one of the counties composing the said circuit shall pay such part or proportion of said salary as its population shall bear to the official Federal Census of 1940, until completion and promulgation of the next official Federal Census, and so on according to each succeeding official census. It shall be, and is hereby made, the duty of the County Commissioners, or other authority having control of county matters in said counties, to cause the part or portion of said salary so assessed each of said counties to be paid to said Official Court Reporter quarterly in each year out of the funds of said counties, that is to say, on the first of April, July, October, and January, and upon the regular county warrants issued therefor; and it is further the duty of said County Commissioners, or other county authorities having control of County matters, to make provisions annually when levying and collecting taxes for expenses of courts for the levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth; and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of Two Thousand Seven Hundred and Three Dollars ($2,703.00) shall be in full payment for all services of said Official Court Reporter in reporting and transcribing felony cases tried in the Superior Courts of said counties. Salary. Pro rated among counties. Paid quarterly. Felony cases.

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Section 3. That Section 3 of said Act No. 395 be, and the same is hereby, repealed. Section 3 repealed. Section 4. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved February 12, 1945. SEMINOLE SPRING CREEK SCHOOL DISTRICT TRUSTEES. No. 86. An Act to provide five district trustees for the Spring Creek Consolidated School District of Seminole County, Georgia; to provide for their terms of office and the manner in which they shall be elected; 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 following named persons shall be trustees of the Spring Creek Consolidated School District of Seminole County, Georgia for the terms ending as indicated, to-wit: Trustees designated. Term ending July 1, 1945Roscoe Burke. Term ending July 1, 1946W. P. Martin and W. H. McDonald. Term ending July 1, 1947Pete Nichols and R. L. Johnson. Section 2. That at the expiration of the terms of each of said trustees, they and their succesors in office shall be elected in the manner provided by law for the election of school trustees. Successors elected. 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.

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Approved February 12, 1945. Note by Compiler: This Act seems to be identical with Act No. 68. WALKER COMMISSIONER'S SALARY. No. 88. An Act to amend an Act entitled Walker Commissioners Office Created, approved February 10th, 1939 (Acts of 1939, page 751), by providing that the compensation of the Commissioner of Roads and Revenue of Walker County shall be Five Thousand Dollars ($5,000) per annum as hereby enacted, instead of Four Thousand Dollars ($4,000.00) per annum as provided for in said Act of 1939; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled Walker Commissioners Office Created, approved February 10th, 1939 (Acts of 1939, page 751) be, and the same is hereby amended by striking from Section 9 thereof the figures $4,000.00 and substituting in lieu thereof the words and figures Five Thousand Dollars ($5,000.00) so that Section 9 of said Act, when amended will read as follows: Act 1939 p. 751 amended. Section 9. Be it further enacted by the authority aforesaid that the compensation of said Commissioner shall not exceed Five Thousand Dollars ($5,000) per annum, to be paid monthly out of the County Depository or Treasury. Said Commissioner shall give his full time to the discharge of his duties as such. Compensation increased to $5,000.00 per annum. Section 2. Be it further enacted by the authority aforesaid that this amendment shall become effective as of January 1st, 1945 so that the increased compensation of the Commissioner as hereby provided for shall begin on said effective date of this Act, January 1st, 1945. Effective January 1st, 1945. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 12, 1945.

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TIFTON SCHOOL TAX. No. 89. An Act to amend an Act creating a new Charter of the City of Tifton, approved August 14th, 1920, and amending section 57 of said Act as appears on page 1653 of Acts of the General Assembly of Georgia of 1920, which provides for the levy of a tax for establishing and maintaining a system of public schools in said City. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same. Section 1. Section 57 of the Acts of the General Assembly of Georgia entitled an Act Tifton New Charter For City Of appearing on page 1653 of Georgia Laws of 1920, the Act being approved August 14, 1920 be and the same is hereby amended by striking from said section 57 the words Six-tenths of as appears in the fourth line of said section, so that said section when amended will read as follows: Act 1920, p. 1653 amended. Be it further enacted, that the Commissioners shall have power and authority to levy and collect annually, in addition to that already provided for in this charter tax not exceeding one per cent on all the taxable property of said city for the purpose of establishing and maintaining a system of public schools in said city, said fund not to be used for any other purpose. To read as amended. School tax. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved February 12, 1945. TELFAIR TAX COMMISSIONER'S CLERK. No. 90. An Act to amend an Act entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Telfair

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County, Georgia; to create the office of Telfair County Tax Commissioner; to provide that the present Tax Collector shall be Tax Commissioner until July 1, 1941; to fix his qualifications, his compensation, his duties, and his term of office; etc., approved December 29, 1937 (Acts 1937-38, pp. 892-898) by striking from lines 9, 10 and 11 of Section 6 of said Act the following language: The said Tax Commissioner out of his said salary shall pay whatever office help that may be necessary for him; by striking from line 9 of Section 6 of said Act the semi-colon where it appears after the word installments, and by adding a period and by adding at the end of Section 6 a proviso to read as follows: Provided, however, that the Commissioner of Telfair County or other person having charge of the affairs of the County of Telfair, is hereby authorized to pay from the funds of the County a sum not to exceed $125.00 monthly for a clerk or assistant to said Tax Commissioner of Telfair County, who may be appointed or employed by the Tax Commissioner; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same. Section 1. That an Act entitled an Act to abolish the office of Tax Receiver and Tax Collector of Telfair County, Georgia; to create the office of Telfair County Tax Commissioner; to provide that the present Tax Collector shall be Tax Commissioner until July 1, 1941; to fix his qualifications, his compensation, his duties, and his term of office; etc., approved December 29, 1937 (Acts 1937-38, pp. 892-898) be and the same is hereby amended by striking from lines 9, 10 and 11 of Section 6 of said Act the following language: the said Tax Commissioner out of said salary shall pay whatever office help that may be necessary for him, and by striking from line 9 of said Section the semi-colon where the same appears after the word installments and by adding in lieu of the semi-colon so stricken a period and by adding at the end of Section 6 the following proviso: Provided, however, that the Commissioner of

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Telfair County or other person having charge of the affairs of the County of Telfair, is hereby authorized to pay from the funds of the County a sum not to exceed $125.00 monthly for a clerk or assistant to said Tax Commissioner of Telfair County, who may be appointed or employed by the Tax Commissioner, so that said Section 6 when so amended will read as follows: Act of 1937 amended. Section 6. Be it further enacted by the authority aforesaid that the said Telfair County Tax Commissioner shall receive and be paid, as full compensation for all duties performed by him as receiver and collector of State, county, school district and any and all other taxes, including professional, poll, and special taxes as well as costs for issuing tax fi. fas., a fixed salary of $4,600.00 per annum, to be paid in equal monthly installments. Provided, however, that after January 1, 1941, the compensation for the Tax Commissioner shall be $3,600.00 per annum instead of $4,600.00. The said salary to be paid by the Commissioner of Roads and Revenues of said county from the funds in the county treasury. Provided, however, that the Commissioner of Telfair County or other person having charge of the affairs of the County of Telfair, is hereby authorized to pay from the funds of the county a sum not to exceed $125.00 monthly for a clerk or assistant to said Tax Commissioner of Telfair County, who may be appointed or employed by the Tax Commisioner. Tax Commissioner's salary. Clerk. Section 2. That all laws and parts of law in conflict herewith be, and the same are, hereby repealed. Repealing clause. Approved February 12, 1945. SAVANNAHCLOSING CERTAIN STREETS. No. 91. An Act to amend the several acts relating to and incorporating The Mayor and Aldermen of the City of Savannah, particularly with respect to certain lands of said City and 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 whereas for the development of the City of Savannah it has been deemed best to change the present plan of certain lanes of the City, therefore, Section 1. Be it enacted by the General Assembly of the State of Georgia, as aforesaid, that The Mayor and Aldermen of the City of Savannah from and after the passage of this Act shall have the power and authority to close, abandon, convey to adjoining property owners and otherwise dispose of, with or without consideration and upon such terms and conditions as it deems proper, all or any part of Duffy Street Street Lane and Henry Street Lane in the City of Savannah, Chatham County, Georgia, as now laid out between the eastern side of Bull Street and the Western side of Drayton Street. Closing and conveying Duffy Street Lane and Henry Street Lane authorized. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Repealing clause. Approved February 12, 1945. DEKALB COMMISSIONERADDITIONAL COMPENSATION. No. 93. An Act to amend 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, so as to provide additional compensation to the Commissioner of Roads and Revenues of DeKalb County to be paid by the DeKalb Waterworks System; 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 same: Section 1. That Section 2 of the Act approved March 20, 1943, (Acts of 1943, page 941) be amended by adding at the end thereof the following: The Commissioner of Roads and Revenues of said County, in addition to the salary now provided for said officer, shall receive from the DeKalb County Waterworks System an annual salary of Fifteen Hundred ($1500.00) Dollars which shall be paid to him monthly from the receipts of the DeKalb County Waterworks System and the same shall constitute an administrative expense of said system, so that said Section, when so amended, shall read as follows: Act of 1943 amended. 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 extension 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. The Commissioner of Roads and Revenues of said County, in addition to the salary now provided for said officer, shall receive from the DeKalb County Waterworks System an annual salary of Fifteen Hundred ($1500.00) Dollars which shall be paid to him monthly from the receipts of the DeKalb County Waterworks System and that same shall constitute an administrative expense of said system. Commissioner designated as administrator of waterworks system. Administrator's authority. Additional salary. Section 2. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Repealing clause. Approved February 12, 1945.

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CLARKE COMMISSIONERS' COMPENSATION. No. 94. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Clarke, to prescribe the duties and powers thereof, and for other purposes, and the various acts amendatory thereof, including the Act approved August 18, 1913, amending the First above named Act which was approved December 15, 1897, so as to provide for compensation of the members of the said Board of Commissioners of Roads and Revenues of the County of Clarke, and for other purposes. Section 1. Be the said Act, approved December 15, 1897, and the said Act, amendatory thereof, approved August 18, 1913, amended and the same are hereby amended, by striking Section Thirteen (13) of said original Act and by striking Section Four (4), of the said amendatory Act, approved August 18, 1913, and in lieu thereof, and in the place thereof, so that Section 13 of said original Act, approved December 15, 1897, shall read as follows: Amended Act of 1897 amended. That said Members of the Board of Commissioners of Roads and Revenues for the County of Clarke shall receive for their services the following compensation, to-wit; The Chairman of the Board the sum of Seven Hundred Dollars per annum, and the other members of the Board the sum of Six Hundred Dollars per annum, to be paid by the Treasurer of the County of Clarke on an order drawn and signed by the Chairman of said Board and signed by the Clerk of said Board, in monthly installments, or otherwise, as may be ordered by said Board; and said Commissioners shall be exempt from road duty, jury duty, and militia duty. Commissioners' compensation. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved February 12, 1945.

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MITCHELL SHERIFF'S BOND. No. 95. An Act to increase the official bond of the Sheriff of Mitchell County, Georgia, to Ten Thousand ($10,000) Dollars, to authorize the Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, to pay the premiums on such bond, under certain conditions, to repeal all conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That on and after the passage and approval of this act the bond to be given by the Sheriff of Mitchell County, Georgia, to enable him to qualify, shall be the sum of Ten Thousand ($10,000) Dollars as required by Section 24-2805 of the Code of Georgia of 1933. Sheriff's bond. Section 2. That on and after the passage and approval of this act, the Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, may, if they see fit, pay the premium or premiums on such bond, when written by an acceptable indemnity company, out of any funds that may be available for such purpose. Bond premium. Section 3. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that this law is to become effective immediately on its passage and approval by the Governor of Georgia. Effective date. Section 4. That all laws and parts of laws in conflict with this act are hereby repealed. Repealing clause. Approved February 12, 1945. HENRY SUPERIOR COURT TERMS. No. 96. An Act to increase the number of terms of the Superior

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Court of Henry County, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that from and after the passage of this Act the number of terms of the Superior Court of Henry County is hereby increased from two (2) to four (4) terms, so that after the passage of this Act there shall be held in each year four terms of the Superior Court for the County of Henry, State of Georgia, in the Flint Judicial Circuit. Number of superior court. terms increased. Section 2. Be it further enacted by the authority aforesaid, that the terms of said Superior Court in Henry County shall begin and be held on: The third and fourth Mondays in January; Terms of superior court. The third and fourth Mondays in April; The third and fourth Mondays in July; The third and fourth Mondays in October. Section 3. Be it further enacted by the authority aforesaid that this Act to go into effect and become operative July first, 1945. Effective date. 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. Repealing clause. Approved February 12, 1945. GRAY CITY COURT ABOLISHED. No. 97. An Act to repeal an Act creating the city court of Gray, for the county of Jones, approved August 16, 1913 (Acts 1913, p. 191) entitled an Act to create the city court of Gray, for the county of Jones, to prescribe its jurisdiction, and the powers and duties thereof; to provide for the qualifications for the officers thereof, the manner of their selection and terms of office;

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to provide for pleading and practice, and new trials and writ of error therefrom, and for other purposes, and all Acts amendatory thereto; to abolish the city court of Gray, for the county of Jones; to provide for the disposition of business now pending in said court; to provide 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 same. Section 1. That the Act creating the city court of Gray, for the county of Jones, approved August 16, 1913 (Acts 1913, p. 191) entitled an Act to create the city court of Gray, for the county of Jones; to prescribe its jurisdiction, and the powers and duties thereof; to provide for the qualification of the officers thereof, the manner of their selection and term of office; to provide for pleading and practice, and new trials and writs of error therefrom; and for other purposes, and all Acts amendatory thereto, be and they are hereby repealed in their entirety, and the said city court of Gray for the county of Jones is hereby abolished. City court abolished. Section 2. Be it further enacted, that all business, both of civil and criminal, pending in the city court of Gray, at the time this Act goes into effect, shall be and the same is hereby transferred for trial and disposition to the Superior Court of Jones County, Georgia. The clerk of said city court of Gray and all officers of such court are hereby directed and required to turn over to the Clerk of the Superior Court of Jones County, the papers in all cases, both civil and criminal, pending in said court at the time this Act takes effect; the dockets, minutes, books, and other records, original papers, and all other documents and papers of said city court obtaining thereto, including remittiturs from the Supreme Court or the Court of Appeals, shall be by the clerk and sheriff of said city court deposited with the Clerk of the Superior Court of Jones County, and to be kept as part of the records of said Superior Court. Any cases now pending in the Court of Appeals or Supreme Court from the city court of Gray at the time this Act goes into effect,

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the remittiturs from said Superior [sic] Court or Court of Appeals, shall, upon the termination of said cases in such appellate court, be transmitted to the Clerk of the Superior Court of Jones County, Pending business and records transferred to Jones Superior Court. Section 3. Be it further enacted, that any and all costs which have accrued to the County of Jones and which would be due under existing laws to be paid into the treasury of Jones County, in any case pending in said city court of Gray at the time this Act goes into effect and transferred to the Superior Court of Jones County, shall be paid into the treasury of Jones County as now required by law. Costs to be paid into treasury of Jones County. Section 4. Be it further enacted, that this Act shall take effect and become operative from and after the passage and approval of the same. Effective date. Section 5. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Repealing clause. Approved February 12, 1945. LOWNDES BOARD OF COMMISSIONERS CREATED. No. 98. An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Lowndes, consisting of three members; to prescribe their qualifications; to name persons who shall compose said Board until their successors are elected and qualified; to fix their compensation, terms of office, the manner of their election; to define the powers and duties of said Board; to provide a Clerk for said Board and prescribe the duties of such Clerk; to require that the Chairman of said Board and the Clerk thereof shall be under bond; to provide for a County Depository; 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 Board of Commissioners of Roads

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and Revenues in and for the County of Lowndes is hereby created. Board created. Section 2. Said Board shall consist of three members, and until their successors are elected and qualified shall be composed of D. E. Coleman, as Chairman, T. M. Dasher, as Vice-Chairman, and E. P. Staten, the present Commissioners. Each member of said Board, including those herein named, before entering upon the discharge of their duties shall take and subscribe the following oath: I do solemnly swear that I will faithfully discharge the duties of Commissioner of Roads and Revenues in and for the County of Lowndes, and in all matters which require my official action I will so act as that in my judgment will be most conducive to the welfare and best interests of the entire County, and that I am not the holder of any public funds in the State unaccounted for. The three Commissioners above designated shall serve as such Commissioners for the remainder of the term for which they were elected, to-wit; to January 1, 1949, or until their successors are elected and qualified. Members of Board. Oath. Term of office. Section 3. No person shall be qualified to hold the office of Commissioner of Roads and Revenues for said County unless he shall have attained the age of 25 years and shall be of good moral character and qualified to vote for members of the General Assembly in said County. Qualifications. Section 4. The Chairman of the Board of Commissioners, at and before entering upon the discharge of his duties, shall give bond payable to the Ordinary of said County and his successors in office, for the use and benefit of said County, in the sum of $5,000.00. Said bond shall be conditioned for the faithful performance of his duties as said Chairman and for a just, true and full accounting for all money, property or other thing of value entrusted to his care, belonging to said County. Said bond shall be approved by the Ordinary of said County and shall be filed and remain of file in his office. Bond. Section 5. Said Board shall have regular meetings at

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the County Courthouse, on the first Wednesday after the first Monday, and the third Wednesday after the third Monday in each month, for the transaction of such business as may legitimately come before it, with the power to adjourn over from day to day until the business necessary to be considered shall have been completed. Said Board may convene in special meeting upon the call of the Chairman, at any time, as the business of the Board may require. The two members of said Board other than the Chairman may at any time convene said Board in special meeting upon call by them, as the business of said Board may require, provided the Chairman of said Board shall fail and refuse to call such meeting upon request. Meetings. Section 6. At the first meeting of siad Board, after the election of the members thereof, as hereinafter provided for, they shall select one of their number to serve as Chairman for the ensuing term for which they were elected. Chairman. Section 7. The members of said Board other than the Chairman shall each be paid $7.50 per day for every day devoted to the performance of their duties, together with expenses actually incurred, provided that in no event shall the compensation to such members of the Board, together with expenses incurred attending to the performance of his duties within the County, exceed the sum of $100.00 per month. The Chairman of said Board shall receive as compensation the sum of $10.00 per day for every day devoted to the performance of his duties, together with expenses actually incurred, provided that in no event shall the compensation to such Chairman, together with expenses incurred attending to the performance of his duties within the County, exceed the sum of $125.00 per month. In the event the Chairman or other Board members shall go without the limits of the County in the discharge of their duties, they may be paid the actual expense incurred, without regard to the limitations herein provided. Compensation. Section 8. Said Board of Commissioners of Roads and Revenues shall have exclusive jurisdiction over the control

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of all county matters, such as public roads, bridges, the working and hiring out of convicts, the maintaining or abolishing of county convict camps, county finances, the levy and collecting of taxes for county purposes, the management, control over and disbursing of county funds, the erection, repair and maintenance of public buildings, the supervision over and control of all matters of county finance otherwise vesting in the Ordinaries of this State in counties where there is no Board of Commissioners of Roads and Revenues, and shall be vested in the Inferior Courts of this State when sitting for county purposes prior to the Constitution of 1868, except the calling of elections, which shall be by the Ordinary, and except matters pertaining to education, health and such other matters as have been by general law vested in other officers or tribunals. Said Board shall have authority in establishing, abolishing or changing election precincts, in auditing the books and records of all county officials, in settling all claims against or for the County, in the complete management, collection, control, handling and disbursement of all monies belonging to said County. Said Board shall have authority to govern and control all county property, make and enter into all necessary contracts for and on behalf of the County, to purchase equipment, materials, supplies and other articles as may be required for county purposes, to make such rules and regulations for the support of the paupers of the County and the promotion of the health of the County as are not inconsistent with general laws; to grant or refuse to grant licenses to do or perform any act for which a license from the County or county authorities is required; to select and appoint all minor officials of the County whose election or appointment is not otherwise provided for by law, such as superintendent or guard of convicts and chaingang, janitor at courthouse, superintendent of poor farms, county physician, county attorney, health officer, county policemen, and such other officers as may be needed and as are authorized by law; to examine and audit, or cause to be examined and audited, the accounts of all officers or persons having the care, management, keeping, collecting or disbursing of money belonging

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to the County or appropriated for its use, and to bring them to settlement. Jurisdiction. Section 9. The Board of County Commissioners may receive contributions for the improvement of the public roads of the County from persons who own property along the same, or from any other person, or from the State Government or the United States Government, and such contribution when received shall be used for the improvement of the roads designated by the contributor. Said Board is likewise authorized to receive gifts, donations or contributions of money, property or other thing of value of the use and benefit of the County, provided such money, property or other things of value shall be used for any legitimate county purpose designated by the person donating the same. Said Board is authorized to straighten public roads, lay out and establish new public roads and abolish old public roads or parts of same in said county. Said Board is also authorized to make reasonable donations for charitable purposes and to organizations generally recognized as operating for the public good and welfare of the County. Contributions and gifts to board. Public roads. Donations by board. Section 10. The Clerk of the Superior Court of Lowndes County, Georgia shall be, by virtue of his office, Clerk of the Commissioners of Roads and Revenues for said County, until January 1, 1949. Beginning January 1, 1949, the Clerk shall be elected by the Commissioners to serve for such length of time as they may designate. The Clerk shall receive such compensation, payable monthly, as the said Board may designate. Said Clerk shall give bond, conditioned as hereinbefore provided with respect to the bond of the Chairman of the Board, payable to the Ordinary of said County, for the use of said County, in the sum of $5,000.00. Said bond shall be approved and filed as hereinbefore provided with respect to the bond of the Chairman of the Board. Clerk. Compensation. Bond. Section 11. It shall be the duty of the Clerk of said Board to keep all records, book, files and correspondence pertaining to the office and work of said Board, and to sign, together with the Chairman and, in his absence,

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the Vice-Chairman of said Board, all checks and vouchers drawn for and in behalf of said County, but said Clerk and the Chairman or Vice-Chairman of the Board are not authorized to pay any bills or claims against the County which have not been first approved by a majority of said Board, except bills owed by the County, the amounts of which are fixed by law, or by the Board, such as jury script, salaries of Court officials and salaries of employees of the Board. However, no bills submitted by officers of either the Superior or City Court for services rendered either Court shall be paid without first having been approved by the Judge of the Court for which such service was rendered. It shall be the duty of the said Clerk to keep a proper and accurate book of the minutes of the meetings of said Board, wherein shall appear all orders, resolutions and proceedings had and passed with reference to county matters. He shall also keep a full and accurate book of county vouchers, wherein shall appear in itemized detail all orders and warrants drawn by the Board on the county treasurer or depository, showing for what purpose and on what fund such orders or warrants were drawn. He shall also, in a well bound book, keep an inventory of all county property of whatsoever nature, listing the valuation of each item of property so recorded, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year, and he shall keep such other books and records as the Board may require, all of which shall be open to public inspection during office hours by any citizen or taxpayer of the county. Until January 1, 1949, the Clerk of the Board may perform all such duties himself, or they may be performed by a duly authorized Deputy Clerk of the said Superior Court. Clerk's duties. Payment of claims against county. Minutes and other records. Section 12. The premiums on account of all bonds of officers required under the provisions of this Act, where incurred, shall be paid by the Commissioners out of County funds available therefor. Bond premiums. Section 13. Two members of said Board shall constitute a quorum for the transaction of the business of the

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County, and two must concur to pass any order or let any contract, pledge the credit of the County, grant or allow any claim against the County, or direct the payment of any warrant against the public funds belonging to said County, except in certain instances hereinbefore provided for. The Chairman of the Board may make motions and vote thereon, as other members of the Board may do. Quorum. Chairman. Section 14. The Board of Commissioners shall have the books and accounts of the Commissioners of Roads and Revenues audited by a certified public accountant of this State, at the close of each fiscal year for the County and shall also have authority to have the books of other officials of the County audited annually at such time as the Commissioners may deem advisable. Full reports of such audits, including statements of assets and liabilities and all revenues and expenses, and such schedules as may be necessary for a clear understanding of the affairs of the County, as of the end of each fiscal year, shall be made and such audits shall be completed and furnished to the next succeeding grand jury of the County. An intelligent statement of each audit, showing the financial condition of the County, its receipts and disbursements, shall be published by the Commissioners of Roads and Revenues in the official newspaper for the County so that the citizens and taxpayers may fully and readily understand and know the financial condition of the County. Said Board of Commissioners shall also publish each month, in such newspaper, an itemized statement of receipts and disbursements for the previous month. Audits Section 15. Beginning January 1, 1949, the members of the Board shall serve for a term of four years and shall be elected at the general election at which other County officers are elected, the first such election to be in the year 1948, and one each fourth year thereafter. Term of office. Section 16. Should a vacancy occur by death or otherwise in the membership of said Board, it shall be filled in an election called by the Ordinary within ten days

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after such vacancy, to be held not later than thirty days from the occurrence of such vacancy, which election shall be held in the same manner as elections for members of the General Assembly are held, and the person elected shall serve only for the unexpired term. Provided, however, if such vacancy occurs within a period of six months from the expiration date of the term of the member causing the vacancy, then the vacancy shall be filled by appointment of the Judge of the Superior Court, and the person so appointed shall serve for the unexpired term. Filling vacancy. Section 17. It shall be unlwful for the Board of Commissioners, or any member thereof, or the Chairman, to have any financial interest in the sale or purchase of any articles to or from the County, or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through the purchase of any equipment or supplies for the County, or the awarding of any contract for said County, and if any Commissioner shall violate any provision of this section, he shall be guilty of a misdemeanor and upon conviction shall be punished for such in the manner prescribed by law, and he shall immediately forfeit his office and such conviction shall create a vacancy in said office, which said vacancy shall be filled as provided in Section 18 of this Act. Member's financial interest in county contracts unlawful. Penalty. Section 18. That the Bank already selected or soon to be selected by the Board of Commissioners as County Depository under existing laws shall continue as such depository until the expiration of two years, that is, until the month of January, 1947, and that said Board, in January, 1947, and bi-annually [sic] thereafter, shall give identical written notice, addressed and delivered by registered mail to each and every chartered bank in the county, inviting proposals for the receiving, keeping, and disbursement of the funds of said county for the next succeeding two years, in which proposal each bank submitting same shall state the largest amount of interest it will pay on monthly balances, and the rate of interest it will charge for money loaned the County within legal

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limits, and the interest it will charge the County on all legally discounted warrants of the County, and the Commissioners shall name as County Depository such bank as in their discretion makes the proposal most advantageous for the County, and who shall furnish bond with security satisfactory to the Commissioners in a sum specified by the Commissioners, but not less than $25,000.00, and conditioned as the bond previously given by the treasurer of the County before the abolishment of that office, and such bank so designated as County Depository shall perform such duties as are now required of the County Depository, under existing laws. County depository. Section 19. Be it further enacted that should any part of this Act be held to be invalid or unconstitutional, such holding shall not affect or destroy the validity of any other portion or part of the Act. Saving clause. Section 20. This Act shall become effective simultaneously with the passage and approval of an Act to abolish the Board of Commissioners of Roads and Revenues for the County of Lowndes, as heretofore constituted, and repealing so much of an Act approved December 11, 1871, relating to Lowndes County, Georgia, and creating a Board of Commissioners of Roads and Revenues therefor, and defining their powers and duties, and all Acts amendatory thereof, which said repealing Act is designated as House Bill No. _____, at the 1945 regular session of the General Assembly. Effective date. Section 21. Be it further enacted that all laws and parts of laws in conflict with any provision contained in this be, and the same are hereby repealed. Repealing clause. Approved February 12, 1945. GIBSON COUNCILMEN. No. 99. An Act to amend An Act to amend, consolidate and supersede an Act incorporating the Town of Gibson

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(Ga. Laws 1913, pages 821-859, approved August 20, 1913) in the County of Glascock; by striking Sections 2, 3, 4, 5 and 6 of said Act and inserting in lieu thereof new sections to be numbered 2, 3, 4, 5 and 6, by which the mayor and two councilmen shall be changed to a mayor and four councilmen; to provide for their election at a special election; to provide for the filling of vacancies by special elections; to provide that a person or persons duly elected and qualified shall serve out the term for which elected; 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 the Act approved March 3, 1943 (Ga. Laws 1943, pp. 1409-1412) amending, consolidating and superseding the Act incorporating the Town of Gibson in the County of Glascock be and the same is hereby amended by striking Section 2, Section 3, Section 4, Section 5 and Section 6 and inserting in lieu thereof new sections to be numbered Section 2, Section 3, Section 4, Section 5 and Section 6, to read as follows: Act of 1943 amended. Section 2. Be it further enacted by the authority aforesaid, that the municipal government of said town shall be vested in a mayor and four concilmen 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, sidewalks, 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, theatres, picture shows, dance halls, and other places of amusements. This enumeration of powers shall not be construed as Restrictive

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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. Mayor and councilmen. Authority. Section 3. Be it further enacted by the authority aforesaid, that the mayor and four concilmen 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. Name Section 4. Be it further enacted by the authority aforesaid that on the first Tuesday in December, 1945, and annually thereafter on the first Tuesday in December, 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, for the purpose of electing a mayor and four councilmen, who shall hold their offices for one year each and until their successors are elected and qualified: Provided, however, that the mayor who is now holding office and the person or persons legally elected and duly qualified as councilmen or as councilman shall serve out the term for which they were elected. A special election shall be called by the mayor within twenty days after the approval of this Act by the Governor to fill the office of the two new members hereby created. The mayor and two councilmen shall constitute a quorum, or, in the absence of the mayor, three councilmen shall constitute a quorum. In the event of a vacancy occurring in the office of mayor or any member of council for any cause, the City Council shall 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 and one other public place in the City of Gibson. The special election shall be held under the same rules and regulations as regular elections in said city. Elections. Term of office. Quorum.

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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 election, except in the event of the election of any one or more of said officers to fill a vacancy, in which event the officer elected to fill a vacancy shall qualify within two days after the declaration of the results of said election, and shall fill the unexpired term of the officer whose term he fills. Beginning of term. Section 6. Be it further enacted by the authority aforesaid, that the annual salary of the mayor of said city shall not exceed one hundred dollars, and the annual salary of each member of the City Council shall not exceed twenty-five dollars, payable out of the funds of said city, at the end of each year. Neither the mayor nor any member of said council shall receive any other remuneration for services rendered. Salaries. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Repealing clause. Approved February 12, 1945. APPLING BOARD OF COMMISSIONERS CREATED. No. 100. 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 a Chairman and Clerk and define their powers and duties; to fix the salaries of members of said Board, Chairman 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 the County of Appling, in said State, to consist of five members, is hereby created, whose term of office shall be for four years, beginning on January

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1, 1945; who were elected by the voters of said county prior to January 1, 1945, and whose term of office shall expire January 1, 1949, or when their successors are elected and qualified. Board created. Term of office. Section 2. Be 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 said County for four years prior to his induction into said office, and they shall be residents of the Road District hereinafter designated, and it being necessary that this Act go into effect and operation immediately after its passage and approval of the same by the Governor, the following named citizens of said county, who are qualified voters and freeholders of said county, and who have been duly elected by the qualified voters of said county, are hereby appointed and designated as Commissioners of Roads and Revenues for the first term under this Act, and to hold their office until January 1, 1949, and until their successors are elected and qualified to-wit: G. L. Deen, Chairman; Dr. W. D. Branch, A. V. Milton, R. W. Rentz and James Taylor, who reside in the several districts of said county hereinafter created. Qualifications. First members. Section 3. Election. 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 1949, there shall be elected the five Commissioners as provided for in this Act, and each Commissioner shall hold office for a term of four years, and until their successors are elected and qualified. Elections. Term of office. Section 4. Vacancies. Be it further enacted that should a vacancy occur in membership of said Board by death, resignation or otherwise, in the office of any said Commissioner, shall be filled by appointment of the Judge of the Superior Court of said county, said member to be appointed from the District where the vacancy exists. Filling vacancy. Section 5. Oath. 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,

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which said oath shall be taken before the Ordinary of said County, or the Judge of the Superior Court of said County, and in addition thereto the Chairman of said Board shall give a bond with good security thereon, approved by the Ordinary of said county, in the sum of $10,000.00, payable to Ordinary of said County, and his successors in office and each of the other four commissioners shall give a bond with good security thereon, approved by Ordinary of said County, in the sum of $1,000.00 payable to Ordinary of said county and his successors in office. If surety bond be given, premium on said bond shall be paid from the public funds of said County, conditioned upon the faithful discharge of his duties as Commissioner. Chairman shall give his whole time and attention to the business of said County; he shall be the chief manager of the affairs of said County that are within the jurisdiction of said Board of Commissioners of Roads and Revenues, acting as its Chairman. He shall make all contracts and do all the buying for said Board. He shall superintend all the work done by said county whether under contract or by hired labor. In fact, he shall discharge all the duties of the Board during the interim between the dates that the Board meets, not being arbitrary, but performing his duties with the will, judgment and discretion of the other members of the Board. He shall have full charge of the county property and the other members of said Board shall not use or control the same except by a majority vote of the Board. The salary of said Chairman of Board of Commissioners of Roads and Revenues shall be $2,400.00 per annum, and the salary of the other four members of said Board shall be $300.00 per annum, to be paid monthly out of the Treasury of said County. No additional compensation shall be paid to members of the Board by reason of duties performed outside of the County, but they shall receive actual expenses in such instances. All warrants and checks drawn on the County Treasury shall be signed by the Chairman and Clerk. Oath. Chairman's bond. Chairman's duties. Compensation. Warrants and checks. Section 6. Be it further enacted that the said H. L. Padgett is hereby appointed and designated Clerk of

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said Board of Commissioners of Roads and Revenues who shall hold his office subject to the pleasure of said Board, and who shall before entering upon the discharge of his duties give bond in a sum not less than $5,000.00, payable to said Board, conditioned for the faithful discharge of his duties as Clerk of said Board, and also shall take and subscribe to an oath before the Ordinary of said County for the faithful performance of the duties of the office to the best of his skill and ability. Said Bond shall be approved by said Board of Commissioners, and the cost of said bond is to be paid for out of public funds; no other County officer shall be eligible to fill the office of Clerk of County Commissioners; it shall be the duty of the Clerk to keep a complete minute and record of all the meetings and proceedings of said Board at the office of County Commissioners at the courthouse, and to perform such other duties as may be prescribed by said Board of Commissioners, and his compensation shall be fixed by said Board not to exceed $150.00 per month. Clerk. Section 7. Meetings. Be it further enacted that the regular meetings of the Board of Commissioners of Roads and Revenues shall be held at the courthouse once a month, on the 1st Tuesday in every month, and special meetings may be held from time to time as necessity may require, and at such times as may be fixed by the Chairman of said Board of Commissioners, of which due notice shall be given each Commissioner at least three days before such meeting. Meetings. Section 8. Districts. Be it further enacted, that the County of Appling is hereby divided into five Commissioner Districts, designated as follows: The 583rd, and the 1723rd G. M. Militia Districts shall comprise one District: The 1563rd and 1239th Districts G. M., shall comprise one District; The 456th and 1726th Districts, G. M. shall comprise one District; The 443rd, 1394th and the 1754th Districts G. M. shall comprise one District, and the 457th District G. M. shall comprise one District; and each of said Districts shall be entitled to one member on said Board of Commissioners of Roads and Revenues, but the powers and duties of each and every Commissioner

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shall be co-extensive with the entire limits of said County of Appling, and shall be elected by county-wide vote. Commissioner districts. Section 9. Contracts forbidden. Be it further enacted that it shall not be lawful for any Commissioner to enter into any contract with said Board of Commissioners or with the County of Appling, nor shall any firm or corporation with which said Commissioner may be a member, enter into contracts for the performance of any services to said County or to said Commissioners, or for the furnishing to said County or said Commissioners, any supplies, commodity or anything for the use and benefit of said County; and any Commissioner violating the provisions of this section shall be guilty of a misdemeanor, and punished as prescribed by the general laws of said State for the punishment of misdemeanors, and that any violation hereof shall also be good grounds of impeachment. Member's contracts with county unlawful. Penalty. Section 10. Powers and Duties. 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: controlling and caring for all property of the County according to law; altering or abolishing public roads, bridges and ferries in conformity to law; establishing, abolishing or changing election precincts and militia districts according to law; supervising the tax officer's books and allowing the insolvent list of said County according to law; in 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 examine [sic] and auditing the books of County Treasurer or depository, the Tax Collector, Tax Receiver, or Tax Commissioner,

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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 the public health of the County, with the authority to quarantine against contagious diseases and epidemics according to law; regulate and fix license fees, as authorized by law; provide for and collect the commutation road taxes, fixing the amount to be paid in money or the number of days work to be performed in lieu thereof; to try all road defaulters according to law; and to have and 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 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. Jurisdiction, powers and duties. Section 11. County Attorney. 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 $300.00 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. Additional legal counsel.

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Section 12. Invalid Parts. Be it further enacted that if for any reason any section, provision, clause, or any part of this act shall be unconstitutional and invalid, then that fact shall not affect or destroy the validity or constitutionality of any part, section, provision or clause of this act which is not in and of itself unconstitutional and valid [sic] and the remaining portions of this act shall be enforced. Saving clause. Section 13. Be it further enacted that this act shall become effective and operative immediately upon its passage and approval of the same by the governor. Effective date. Section 14. Be it further enacted by authority aforesaid that all laws or parts of laws in conflict with this act be and the same are hereby repealed. Repealing clause. Approved February 12, 1945. DOUGLAS TREASURER ABOLISHED. No. 101. An Act to abolish the office of county treasurer in and for the county of Douglas, Georgia; to prescribe additional duties and powers for the Board of Commissioners of Roads and Revenues of Douglas County with reference to the holding of county funds and the performance of duties heretofore imposed upon the treasurer of said county; to authorize the Board of Commissioners of Roads and Revenues to select and appoint a disbursing clerk, and to make provisions for the handling and disbursement of all county funds; to provide for a county depository; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same. Section 1. That from and after the passage and approval of this Act the office of county treasurer of Douglas County, Georgia, be and the same is hereby abolished. Treasurer abolished. Section 2. That all duties heretofore exercised by the

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treasurer of said county shall be assumed by the Board of Commissioners of Roads and Revenues of said county of Douglas, Georgia. Duties transferred to commissioners. Section 3. That all county funds heretofore payable to the county treasurer shall be paid to the Board of Commissioners of Roads and Revenues of Douglas County, Georgia, and the said Commissioners shall, if and when received, immediately deposit such funds in a bank to be selected by them as a county depository. Said Commissioners are hereby authorized and required to appoint some chartered bank as depository of the county funds of said county, in which the county funds of said county shall be deposited, and from which they shall be disbursed in the manner hereinafter provided for. Said County Commissioners shall require a bond of security from said bank designated as a county depository in such and with such security as said Board of County Commissioners of Roads and Revenues of Douglas County, Georgia, may deem fit and proper. County funds payable to commissioners. County depository. Section 4. That all county funds of Douglas County, Georgia, except such as may be specifically otherwise excepted by law shall be disbursed by the said Board of Commissioners of Douglas County, Georgia, and in their discretion they shall have power to employ a disbursing clerk with such authority as they may determine, and said disbursing clerk shall be required to make bond by a solvent surety company doing business in the State of Georgia in an amount fixed by said Board of County Commissioners of Roads and Revenues of Douglas County, Georgia, said Board of Commissioners may name said disbursing clerk as receiving clerk for all funds payable to Douglas County, and may authorize said clerk to receipt for all such funds, in which event the aforesaid bond shall be effective for all funds comming into the hands of said clerk, said Board of Commissioners may name the Clerk of the Board of Commissioners as such disbursing and/or receiving clerk. The Board of Commissioners of Roads and Revenues of Douglas County, Georgia, is hereby given authority to fix the salary of such receiving and disbursing clerk, but not to

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exceed $420.00 per annum; and to pay the premium on the aforesaid bond, the term of office of such disbursing and receiving clerk shall be at the will of said Board of Commissioners. Disbursement of county funds. Disbursing clerk. Section 5. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Repealing clause. Approved February 14, 1945. FULTON PENSION LAW AMENDED. No. 102. An Act to amend an Act entitled: An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county; to provide how county employees may make application for retirement pay; to provide how employees may be classified; to provide the maximum amount of retirement pay or pension that any employee may receive; to provide how present employees may apply for retirement pay and how future employees may be authorized to do so; to provide for the method and manner of how the same shall be raised; to authorize said commissioners to levy a tax for the purpose of paying pensions and to appropriate money therefor; to provide how the widows and minor children of employees killed in the service of the county may be subject to retirement pay or pension fund from said pension fund; to provide that employees of said county under the direct jurisdiction of the commissioners come under the terms of this Act; to provide that employees of other departments of the government may elect to come under the terms of this Act; and to provide how and under what conditions they may come under the terms of this Act; to provide that employees of the County School Department and elective officers are excluded from the terms of this Act; to provide that this Act shall take

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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, approved March 3, 1939 (Georgia Laws 1939, page 571), as amended by an Act approved March 24, 1941 (Georgia Laws 1941, page 843), and again amended by an Act approved March 27, 1941 (Georgia Laws 1941, page 846), and thereafter amended by an Act approved March 20, 1943 (Georgia Laws 1943, page 995), so as to change and set up a new schedule and new amounts of 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 provide a service-connected disability pension for disability incurred in line of duty, to define the causes for which such pension shall be allowed and to fix the amount thereof and define the persons entitled to receive same; to provide a new period of time within which officers, deputies and employees not directly under the control of the Commissioners and who have not previously elected to do so may elect to obtain the benefits of this Act as amended and the terms and conditions upon which such election may be made and the effect thereof; to provide a new period of time during which officers, deputies and employees not having previously elected to obtain benefits for widows and minor children may make such election and the terms and conditions and effect of such new election; to forbid persons receiving pension benefits from other jurisdictions (except veterans or their beneficiaries) to acquire pension rights under said Act as amended; to provide for the extension of pension and retirement benefits under this Act and amendments thereto to persons hereafter authorized

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by any change in the Constitution of this State or by amendment thereto or by any new law or amendment thereto to participate in the pension or retirement benefits created by this Act or amendments thereto; to provide for officers, deputies and employees of Fulton County credit for prior years of service in the Police or the Fire or the School Department of said County government and the terms and conditions upon which such credit may be obtained; to provide the terms and conditions upon which continued payment of a disability pension depends; to provide for arbitration of an issue of continuance of disability upon certain conditions and the effect of such arbitration; to authorize a refund of contributions made under this Act to a beneficiary designated by an officer, deputy or employee; to authorize the Pension Board for Fulton County to employ an executive secretary and to prescribe his duties and fix his salary; to provide that any section of this Act or of amendments thereto not now authorized by law shall take effect upon the ratification of a constitutional amendment or upon the adoption of any new Constitution authorizing same; to provide a separability clause; 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 as heretofore amended by the amendments specified in the caption hereof be, and the same is, hereby amended in the following particulars: Section 1. Section 1 of the amendment to the above Act approved March 20, 1943 (which Section is published in Georgia Laws 1943, pp. 998-1000, inclusive), is stricken and in lieu thereof a new section to be known as Section 1 is enacted to read as follows: Section 1. There is hereby authorized and created a Pension Board for Fulton County to consist of the County Treasurer, two (2) members of the Board of Commissioners of Roads and Revenues of said County and two (2) County employees, which County employees

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shall be chosen by County officers, deputies and employees who are contributing to the pension fund provided by this Act. For the purpose of determining eligibility to membership on said Pension Board, the words county employees as used in this paragraph shall include County officers, deputies and employees entitled to participate in the pension fund established by this law. Said Pension Board shall pass on and determine the eligibility and qualifications of all persons applying for retirement pay or for pensions under the above entitled Act or amendments thereto, and also the eligibility and qualifications for retirement pay or for pensions of any person who may have, prior to the date of approval of this amendment, filed an application for retirement pay or for a pension, or who may have at any time been allowed retirement pay or a pension, pursuant to said Act or any amendment thereto. Pension Board. Eligibility for pensions, etc. The County Treasurer of Fulton County shall become a member of said Pension Board and be substituted as a member for one of the three (3) members of the Board of Commissioners of Roads and Revenues of said County now serving on said Pension Board in the following manner: At the first regular meeting of said Board of County Commissioners following the approval of this amendment, said Board of County Commissioners shall select by a majority vote one of the present three Commissioner members of said Pension Board who shall retire as a member of said Pension Board to be replaced by said County Treasurer. Said action of said Board of County Commissioners shall be recorded on the Minutes of said Board of County Commissioners and a certified copy thereof transmitted to the Clerk of said Fulton County Pension Board to be recorded on the minutes of said Pension Board. Thereupon, the County Treasurer of Fulton County shall take and subscribe the oath now provided by law for Members of said Pension Board and thereafter the Pension Board for Fulton County shall consist of said County Treasurer, the remaining two (2) members of the Board of County Commissioners and two

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(2) qualified County employees now holding membership on said Board. County Treasurer as Board member. All members and officers of the Pension Board created by said Act and by any amendment thereto 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, and the County Treasurer of Fulton County shall be ex-officio treasurer of said Pension Board. Said Treasurer shall handle and disburse all funds in the control of said Pension Board, and all monies and securities to the credit of said Pension Board which may not have been heretofore transferred shall be transferred to the control of the Pension Board for Fulton County and administered in accordance with the requirements of said Act and the amendments thereto. Clerk of Board. Treasurer. Except as herein provided, all 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 at their regular January meeting in each year and serve for a term of one (1) year or until their successors are elected and qualified. Election of Board members. Annually, as the terms of the present County employees now holding membership on said Pension Board are about to expire, a successor shall be elected by the employees contributing to said pension fund for a term of two (2) years, which annual election of an employee member shall be conducted at the Court House at the time and place provided by the rules of said Pension Board. A majority vote of qualified officers, deputies and employees 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 in

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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. Officers. Minutes as evidence. Oath. Section 2. Section 4 of said amendment approved March 20, 1943 appearing in Georgia Laws 1943, pages 1004-1006, is stricken, and in lieu thereof a new section to be designated as Section 4 is enacted to read as follows: Section 4. Jurisdiction and authority to continue to pay officers, deputies and employees of Fulton County the pensions lawfully allowed under said original Act approved March 3, 1939 (Georgia Laws 1939, page 571) and under prior amendments thereto is retained. All pensions lawfully allowed to officers, deputies and employees of Fulton County prior to the approval of this amendment are continued for the amounts and upon the conditions provided by law prior to the approval of this amendment. Previous authority retained. Previous pensions continued. The privileges and benefits of this Act shall be confined to regular officers, deputies and employees of Fulton County (other than officers elected by the people) for whom protection was originally provided by said Act approved March 3, 1939 and such other officers, deputies and employees of Fulton County (other than officers elected by the people) for whom protection may have been provided by the prior amendments described in caption or for whom protection may be provided by this amendment or any future amendment to said law. As to such qualified officers, deputies and employees of Fulton County, pension or retirement benefits shall be allowed and paid beginning with the date of approval of this Act measured by a percentage of average monthly salary or wage and the overall limitations which are specified by this law. Persons entitled to benefits. Measure of benefits. `Average monthly salary or wage' as used in this amendment shall mean an amount equivalent to the

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average monthly salary or wages paid during the two (2) consecutive years that such officer, deputy or employee drew his or her highest monthly salary or wage. To illustrate, if an applicant for a pension who is fifty-five (55) years of age and who has completed twenty-five (25) years of service on the payroll of said County received during the two (2) consecutive years in which such applicant drew the highest monthly salary or wage an average monthly salary or wage of Two Hundred ($200.00) Dollars per month, such qualified applicant would be entitled to an allowance of a pension or retirement pay in the sum of One Hundred ($100.00) Dollars per month, which allowance is one-half () of such average monthly salary or wage and also not in excess of the maximum provided by this law. Standard Service Pension Any such officer, deputy or employee of Fulton County who has attained the age of fifty-five (55) years and who has completed twenty-five (25) years of service on the payroll of said County (of which 25 years of service five (5) years or more must have been immediately preceding the right to have benefits under this Act), if otherwise eligible to a pension under this Act, shall be entitled to retire as a matter of right and to receive a standard service pension of one-half () the average monthly salary or wage (as herein defined) paid to such officer, deputy or employee but not exceeding the sum of One Hundred ($100.00) Dollars per month in any instance, which standard service pension shall be paid monthly during the remainder of the natural life of such officer, deputy or employee, except that said pension shall cease immediately upon acceptance by such officer, deputy or employee of other public employment of the nature defined in Section 16 of said original Act approved March 3, 1939 (Georgia Laws 1939, page 578). Persons entitled. Standard service pension.

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Service-Connected Disability Pension. A service-connected disability pension in an amount equal to one-half () the average monthly salary or wage as herein defined, paid to a disabled officer, deputy or employee, but not exceeding One Hundred ($100.00) Dollars per month in any instance, shall be paid for the period provided by this amendment to any such officer, deputy or employee (other than an officer elected by the people) without regard to age or length of service, who shall become totally and permanently disabled as the direct and proximate result of either of the following causes, namely: Service-connected disability pension. (a) From accident suffered in line of duty resulting immediately in the disability of such officer, deputy or employee, or (b) From an occupational or industrial disease due to specific poisons, mechanical or chemical irritants and the like, which are recognized as a peculiar hazard of the occupation in the county's service in which such person was engaged and of a character which other persons not engaged in such occupation do not contract, or (c) From a disease or illness resulting immediately and exclusively from emergency exposure in line of duty as an officer, deputy or employee of the County, without the intervention of natural causes. Partial Pension for Disability from Other Cause after Twelve (12) Years of Service. Any such officer, deputy or employee of said County (other than an officer elected by the people) who is not otherwise entitled to a pension under this law and who has been in the active service and on the payroll of said County for twelve (12) years or more (of which said service five (5) years or more must have been immediately preceding the right to have benefits under this Act) and whose health during

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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 retire and to receive from the pension fund hereby created for the period provided by this amendment a disability pension in an amount proportionate to the total number of whole years of service to the County by such officer, deputy or employee. If such officer, deputy or employee at the time of applying for such disability pension has spent twenty-five (25) years or more in the service of Fulton County, the amount of such disability pension shall be one-half () of the average monthly salary or wage of such employee as defined by this Act, but not exceeding One Hundred ($100.00) Dollars per month in any instance. To illustrate, an officer, deputy or employee whose health becomes totally and permanently impaired after thirteen (13) years of service (of which years of service the five (5) last years had been continuous) and otherwise qualified under this Act whose average monthly salary or wage is $175.00 per month would be entitled to a pension of 13/25ths of one-half () of $175.00 per month, that is, a pension in the amount of $45.50 per month. Partial pension for disability after 12 years' service. Said disability pension for disability after twelve (12) years or more of service shall be paid without regard to the age of the applicant and for the period provided by this Act. Payment of Disability Pensions Conditional on Continuance of Disability. Any disability pension provided by any section of this Act for disability from any cause, that is, either the service-connected disability pension or the disability pension allowed after twelve (12) years or more of service (of which twelve (12) years the last five (5) years or more of service must have been continuous as herein defined) shall be allowed and paid to a disabled officer, deputy or employee only during the continuance of such disability as defined by this

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Act. If a question should arise at any time as to the continuance of such disability and the eligibility for that reason of the pensioner to continue to receive a pension, then the failure or refusal of the County authorities to provide employment with duties comparable to those required of the same person at time of retirement and at the average monthly salary or wage defined by this Act shall be conclusive evidence of the continuance of disability upon which the right to continue to receive said pension depends. Disability payments authorized only during disability. County's failure to provide employment as evidence of continuance of disability. For the purpose of ascertaining whether or not disability of a pensioner continues, the Pension Board shall from time to time (but not oftener than once each six (6) months) be authorized to investigate and inquire into the physical condition of such pensioner and (if it deems it advisable) have such pensioner examined by the County physician and to make a new finding based upon such examination and the evidence regarding continuance of disability. In passing upon any question of continuance of disability, said Pension Board may receive and consider the reports and recommendations of physicians who have examined the pensioner, and either party shall have the right to submit medical and other competent evidence on the question of continuance of disability as herein defined, and the judgment of the Pension Board upon this issue shall be entered on the Minutes of the Board. Both the applicant and Fulton County may by agreement submit any question of continuance of disability to arbitration of three (3) licensed physicians of this State, one of whom shall be selected by the applicant and one by Fulton County and the third to be selected by the two physicians so chosen by the parties. Such arbitrators shall have the right to examine the applicant and hear evidence upon the question of continuance of disability to the same extent as the Pension Board, and the written report of said arbitrators or a majority of them upon the question of continuance of disability duly returned to the Pension Board and entered on its Minutes shall constitute a final judgment upon the issue as to whether such disability then exists. If, upon

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such investigation, it should be determined by the Pension Board or by the arbitrators as herein provided that such disability or impairment of health has ceased and if the County authorities should offer such pensioner employment with duties comparable to those required of the same person at time of retirement and at a salary or wage equal to or exceeding the average monthly salary or wage which is defined by this Act, then no further pension or retirement benefit shall be paid or payable to such pensioner or his beneficiary herein named based upon the same disability. Investigations as to continuance of disability. Arbitration. Pension discontinued when disability ceases. Section 3. Be it further enacted by the authority aforesaid, that Section 5 of said Act as amended by said amendment approved March 20, 1943 and now appearing in Georgia Laws 1943, pages 1006-1008, is stricken and in lieu thereof a new section to be known as Section 5 is enacted to read as follows: 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 amendment, contribute and pay to the pension fund created by said Act three (3%) per cent of his or her monthly salary or wages, except that the maximum contribution hereafter required to be paid by any officer, deputy or employee for benefits other than the benefits provided by Section 21 for widows and minor children shall not exceed the sum of Six ($6.00) Dollars per month. Said contribution shall be paid over to the Treasurer of Fulton County as a trust fund for said officers, deputies and employees and other officers, deputies and employees and their representatives 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, deputies and employees, and said entire fund shall be managed and administered by the Pension Board hereby created for the benefit of said officers, deputies and employees. Contributions to pension funds.

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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 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. No refund to beneficiary. No contribution by beneficiary. 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 or become entitled to receive a pension of any kind, and without having a qualified beneficiary entitled to a pension to be paid from the pension fund created, 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 person's contributions made pursuant to this Act or 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, then two and one-half (2%) per cent and thereafter three (3%) per cent) required by Section 5 of said Act and by the amendments thereto, and also the full amount of the additional one (1%) per cent of salary or wages paid by such contributing officer, deputy or employee as provided by Section 21 of said Act as amended for the additional elective benefits for widows and minor children, less one-half of one (%) per cent of such aggregate contributions (including any contribution so made for benefits to widows and minor children) 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 an employee should resign after having paid into said pension fund, pursuant to Section 5 of said Act, the sum of Ten ($10.00) Dollars, and without having made any contribution pursuant to Section 21,

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the amount of refund herein provided for such employee or his personal representative would be $9.95; and if such protected employee should leave the service of the County after having received the protection of said Act for a period of eleven years and after having contributed, pursuant to Section 5, the sum of $110.00 and pursuant to Section 21 the additional sum of $30.00 for benefits for widows and minor children, the amount of refund to such employee or his representative would be the sum of $132.30, which is 94% of such employee's aggregate contribution to the pension fund provided by all sections of said Act as amended. Refund to contributor not a beneficiary. Any contributing officer, deputy or employee may, by written designation filed with the Clerk, specify any person, whether related to him or not, to receive from the County Treasurer any refund of a percentage of his contribution which may become due under this Act in the event of his death. If this privilege is exercised by an officer, deputy or employee, then such refund, if any, shall be made to the person so designated and not to his personal representative. Refund in case of contributor's death. Except as to persons entering the Armed Forces of the United States (for whom special provision is made by Section 26 of said Act as amended), should any officer, deputy or employee of Fulton County who has resigned or been dismissed from the service of Fulton County and has received 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 become 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,

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together with three (3%) per cent interest per annum thereon from date of withdrawal to date of payment. Any officer, deputy or employee withdrawing any portion of his or her contribution to said pension fund and thereafter employed by the County shall not be entitled to credit on his or her service record for former years of service to the County until any amount so withdrawn from the pension fund with interest thereon at the rate herein provided has been fully restored. Re-instatement of former beneficiary. Section 4. Be it further enacted by the authority aforesaid, that Section 6 of said Act as amended by said amendment approved March 20, 1943 and appearing in Georgia Laws 1943, page 1010, is stricken, and in lieu thereof a new section to be known as Section 6 is substituted to read as follows: Section 6. Beginning with the first month following the approval of this amendment, 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 three (3%) per cent of the monthly salary or wages paid to such contributing officer, deputy or employee, but not exceeding Six ($6.00) Dollars per month, and pay same into the General Employees Pension Fund authorized and created by this Act. In addition, any officer, deputy or employee who has elected or may hereafter make an authorized election to secure the benefits and privileges for widows and minor children provided by Section 21 of said Act as amended shall, beginning with the date of approval of this amendment, contribute and pay to said pension fund an additional one (1%) per cent of such officer's, deputy's or employee's monthly salary or wages (not exceeding Two ($2.00) Dollars per month), which additional one (1%) per cent (with maximum of Two ($2.00) Dollars per month) shall be used exclusively for the same purposes herein provided for other contributions to said fund. No sum of money contributed by officers, deputies or employees to said pension fund

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shall be subject to garnishment or to other process, nor to assignment by any contributing employee or representative. Contributions deducted. Contributions. for benefit of widows and minor children. Section 5. Be it further enacted by the authority aforesaid, that Section 11 of the above entitled Act as amended is hereby stricken and a new section to be known as Section 11 is enacted in lieu thereof, reading as follows: 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 a sum equivalent to seventy-five (75%) per cent of the average monthly salary or wage of such officer, deputy or employee as defined by this Act, which pension to a surviving widow of an officer, deputy or employee killed in the performance of duty, shall be paid to the surviving widow only during her life or widowhood and upon her death or remarriage continued to the minor child or children of such deceased officer, deputy or employee, to be distributed among said minor children in equal shares until the youngest child arrives at the age of eighteen (18) years. As each respective child of such deceased officer, deputy or employee attains the age of eighteen (18) years, then such child's interest in any pension payable under this section shall cease and determine and no further pension rights shall accrue by reason of the death of such officer, deputy or employee. Beneficiaries upon contributor's death in performance of duty. Section 6. Be it further enacted by the authority aforesaid, that Section 21 of said Act which was added by said amendment approved March 20, 1943 and which appears in Georgia Laws 1943, pages 1014-1017, inclusive, is stricken and in lieu thereof a new section to be known as Section 21 is substituted therefor to read as follows:

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Section 21. No benefit provided by this section for the widow or the minor child of an officer, deputy or employee of Fulton County shall accrue to any person unless the person upon whose service the pension depends shall from year to year comply with the provisions of said Act and all amendments thereto relating to the election to obtain benefits provided by this Section and also the provisions of said Act and all amendments thereto relating to additional contributions for the purpose of obtaining benefits for widows and minor children. Benefits for widows and minor children. Officers, deputies and employees of Fulton County who have heretofore made an election to obtain benefits for their widow or minor children shall, beginning with the first month following the approval of this amendment, contribute and pay into said pension fund an additional one (1%) per cent of their respective salary or wages over and above the three (3%) per cent required by Section 5 of said Act as amended, except that the maximum contribution for all benefits provided by this section shall be $2.00 per month. Officers, deputies and employees making a new election under new sections added to this pension law by this amendment shall from month to month after making such election pay into said pension fund the same amount required for employees who made an election in former years. Contributions. 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 (5) years prior to his retirement, or for a period of five (5) years prior to the time when such officer, deputy or employee was entitled to retire, or a period of five (5) years prior to the death of such pensioner, and who remains unmarried. The date of marriage to a deceased officer, deputy or employee shall not be material in any case where a pension is provided by Section 11 of said

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original Act or the amendments thereto for the widow or dependent minor children of an employee killed in the performance of duty. Qualified widow. The term `qualified minor children' as used in this section refers to and includes only surviving minor children of an officer, deputy or employee who are unmarried and not more than eighteen (18) years of age. Upon marriage or upon attainment by a qualified minor child of the age of eighteen (18) years, such child's interest in any pension provided by this section shall cease and determine. Qualified minor children. As to officers, deputies or employees making the additional contribution of one (1%) per cent provided by this section or by new sections relating to additional benefits for widows and minor children added by this amendment for the period of time herein or therein required, the following additional rights and benefits shall accrue to their surviving widows or children who are qualified as herein defined. Additional benefits for widows and minor children. (a) Upon the death of a pensioner, any pension provided by Section 4 of 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 remarriage to such pensioner's qualified minor children, except that the amount of such pension paid to such widow or minor children shall be a sum equivalent to seventy-five (75%) per cent of the amount of the pension so provided by Section 4 of said Act as amended for such pensioner during lifetime. (b) In case such officer, deputy or employee was eligible to apply for and receive a pension under any paragraph of Section 4 of this Act as amended, but failed to do so and continued 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 a sum equivalent to seventy-five

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(75%) per cent of the amount to which said officer, deputy or 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 qualified minor children during the period of their qualification. As an illustration of the amount of pension payable to a qualified widow or to qualified minor child or children under this section, if an officer, deputy or employee having an average monthly salary or wage as herein defined of $150.00 a month should die after completing eighteen (18) years and nine (9) months of service to Fulton County, the amount of a pension allowed by this section to such officer's, deputy's or employee's widow or minor child or children would be a single pension equivalent to seventy-five (75%) per cent of 18/25ths of the pension provided by Section 4 of this Act for an officer, deputy or employee completing twenty-five (25) years of service with Fulton County. Section 7. Be it further enacted by the authority aforesaid, that a new section to be known as Section 28 be added to the above entitled Act reading as follows: Section 28. Any present officer, deputy or employee of said County (other than an officer elected by the people) who has been previously entitled to elect, but has not elected, to obtain the benefits of said pension law, or any amendment thereto, may, within a period of sixty (60) days from the approval of this amendment, elect to obtain benefits under said Act or the amendments thereto, 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 officers, deputies and employees

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similarly situated with respect to salary, benefits and length of service, together with an additional sum equal to three (3%) per cent per annum thereon as interest to date of payment. Such officer, deputy or employee making an election within said sixty-day period may elect to obtain the benefits provided by Section 21 as amended for widows and minor children or may elect to participate without obtaining such additional benefits for widows and minor children. The same election to obtain benefits provided by Section 21 as amended for widows or minor children may be made within said sixty-day period by officers, deputies and employees who were authorized to elect to obtain such benefits by said amendment approved March 20, 1943 and who failed to do so within the time provided by said previous amendment. In either event, the contribution of such electing officer, deputy or employee to the pension fund shall be equalized with the contributions of other officers, deputies and employees similarly situated with respect to the same salary, benefits and length of service. The contribution required for participation under this section may be paid in cash or in equal monthly installments over a period not to exceed twenty-four (24) months from date of election; provided, that no pension shall be paid to, or on account of the service of, such electing officer, deputy or employee, and no pension rights shall accrue to the widow or minor children or such electing officer, deputy or employee unless and until such officer, deputy or employee has first paid into such pension fund all amounts required by this law as amended, including interest, and provided further that if a right to a pension should accrue to such officer, deputy or employee or his qualified beneficiary herein named, after such election but before paying the full amount of the contribution required by this law as amended, such unpaid portion of such contribution shall be deducted from any pension granted hereunder. Formerly eligible person's election to obtain benefits. When the contribution of such officer, deputy or

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employee has been equalized as herein provided with the contributions of other officers, deputies or employees similarly situated with respect to salary, benefits and length of service, such officer, deputy or employee or his beneficiary named in this Act shall then become entitled to the same credit on his or her pension status for all years of his or her service as an officer deputy or 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, as other officers, deputies and employees formerly covered by said Act. Section 8. Be it further enacted by the authority aforesaid, that a new section to be known as Section 29 be added to the above entitled Act reading as follows: Section 29. In the event that officers, deputies or employees now or hereafter employed by Fulton County in departments which are not now authorized by law to participate in benefits under said Act as amended shall by future change in the Constitution or laws of this State, or any amendment thereto, become eligible to participate in the pension benefits created by the above entitled Act as amended, then such officers, deputies or employees may acquire credit for prior years of service to Fulton County in such other departments on the same terms and conditions which are provided by Section 28 which is added by this amendment for present officers, deputies and employees in departments now authorized by law to participate in the benefits created by this Act; that is, any such officer, deputy or employee becoming entitled to participate by such future change in the Constitution or laws of this State may, within a period of sixty (60) days from the ratification of such constitutional change or within a period of sixty (60) days from the approval of such enabling law or amendment, give written notice to the Clerk of the Board of Commissioners of Roads and Revenues of Fulton County of election to obtain the benefits provided by this law as amended and within the same period of time pay to

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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 officers, deputies and employees theretofore authorized to participate in said pension fund and similarly situated with respect to salary, benefits and length of service, together with an additional sum equal to three (3%) per cent per annum thereon as interest to date of payment. If such officer, deputy or employee elects to obtain benefits for widow or minor children under Section 21 of this Act as amended, then the amount of the payment required under this section shall include the additional one (1%) per cent for benefits to widows and minor children that other officers, deputies and employees electing to obtain similar benefits are required to pay. In either event, the contribution of such electing officer, deputy or employee to the pension fund shall be equalized with the contributions of other officers, deputies and employees similarly situated with respect to salary, benefits and length of service. The contribution required under this section may be paid in cash or in equal monthly installments over a period of time not to exceed twenty-four (24) months from date of election; provided, that such prior years of service shall not be included in determining the amount of pension to which such electing officer, deputy or employee or his or her beneficiary herein named shall be entitled unless and until such officer, deputy or employee has first paid into such pension fund all amounts required by this law as amended, including interest, and provided further that if a right to a pension should accrue to such officer, deputy or employee or his or her qualified beneficiary herein named, after such election is made but before paying the full amount of the contribution required by this section, such unpaid portion of such contribution shall be deducted from any pension granted hereunder. Election to obtain benefits, by persons hereafter becoming eligible by constitution, by-law, or statutory change. When the contribution of such officer, deputy or employee has been equalized as herein provided with

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the contribution of other officers, deputies or employees similarly situated with respect to salary, benefits and length of service, such officer, deputy or employee or his or her beneficiary named in this Act shall then become entitled to the same credit on his or her pension status for all years of his or her service as an officer, deputy or employee of Fulton County, including service to said County in departments not now entitled to participate in the benefits provided by this law as other officers, deputies and employees theretofore covered by said Act. Section 9. Be it further enacted by the authority aforesaid, that a new section to be known as Section 30 be added to the above entitled Act reading as follows: Section 30. Provision is hereby made for the transfer upon terms and conditions named in this section of the credit for years of service which have been spent by officers, deputies or employees of Fulton County in either the Police Department or the Fire Department of Fulton County or in the service of the Board of Education of Fulton County, which other branches of the same County government have been protected by pension systems heretofore established by law for such other branches of said County government. With respect to an officer, deputy or employee now in the service of Fulton County, the contribution provided by this section must be made to the Treasurer of Fulton County within a period of sixty (60) days from the approval of this amendment. With respect to an officer, deputy or employee who may hereafter enter the service of Fulton County after the approval of this amendment and at that time entitled to pension rights under either of the other pension systems referred to in this section, the contribution provided by this section must be made to the Treasurer of Fulton County within a period of one hundred twenty (120) days from the commencement of such person's future employment by Fulton County. In either event, such person, in order to obtain credit for

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himself or herself, or for his or her beneficiary, under this law for years of service under such other pension system must, within the time provided by this section, pay a sum equivalent to the full amount of any refund which may have been allowed to such person from any pension fund established for such other pension system in Fulton County, and in addition thereto any additional amount necessary to equalize such transferring officer's, deputy's or employee's contribution to the pension fund provided by this law as amended with the contribution of other officers, deputies and employees comparably situated with respect to salary, benefits and length of service, together with an additional sum equal to there (3%) per cent per annum thereon as interest to date of payment. While the full amount of any refund from such other pension system must be paid in cash within the time required by this section, any deficiency necessary to equalize such contribution with the contributions of other officers, deputies and employees comparably situated, including interest, as herein provided, may be paid in equal monthly installments over a period of time not to exceed twenty-four (24) months from the date of election to obtain the benefits provided by this section; provided that such prior years of service under such other pension system in Fulton County shall not be included in determining the amount of pension payable under this law, unless and until such officer's, deputy's or employee's contribution has been equalized with the contribution of other officers, deputies and employees comparably situated with respect to salary, benefits and length of service, including interest thereon, as herein provided, and provided further, that if a right to a pension shall accrue to such officer, deputy or employee or his or her qualified beneficiary herein named, after such election is made but before paying the full amount of contribution required by this section, such unpaid portion of such contribution, including interest, shall be deducted from any pension granted hereunder. Transfer of credits from Police Department, Fire Department, or school system of pensions. When the contribution of such officer, deputy or

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employee has been equalized as herein provided with the contribution of other officers, deputies or employees comparably situated with respect to salary, benefits and length of service, including interest, as required by this section, such officer, deputy or employee or his or her beneficiary named in this Act shall then become entitled to the same credit on his or her pension status for all years of his or her service as an officer, deputy or employee of Fulton County, including years of service in the Police or Fire or School Department of said County government, as other officers, deputies, and employees theretofore covered by said Act. Nothing contained in this section shall prevent any qualified officer, deputy or employee of Fulton County from exercising other privileges provided by Section 28 or by Section 29 which are added by this amendment to said pension Act, if it is desired to obtain the benefits of either Section 28 or Section 29 without obtaining credit for years of service in either the Police or the Fire or the School Department of said County. This section does not prevent benefits under section 28 or 29. Section 10. Be it further enacted by the authority aforesaid, that the Pension Board for Fulton County is authorized to employ an executive secretary and prescribe his or her duties and fix his or her salary which shall be payable from the pension fund hereby created. Executive Secretary. Section 11. Be it further enacted by the authority aforesaid that if any section or provision added by this amendment is unconstitutional at the time of the approval of this amendment, same shall become valid and take effect upon the ratification of a constitutional amendment or upon the adoption of a new Constitution authorizing the pensions or benefits provided thereby. Presently unconstitutional provisions to be validated by proposed constitutional amendment. Section 12. Be it further enacted by the authority aforesaid, 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 the General Assembly intends shall continue in force as if such Act

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had been passed with the unconstitutional portion thereof eliminated. Saving clause. 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. Repealing clause. Approved February 16, 1945. DARIENCLOSING STREET. No. 105. An Act to amend an Act entitled, An Act to provide a new charter for the City of Darien, superseding all previous Acts, defining its limits, and conferring additional powers on said corporation, and for other purposes (Ga. Laws 1909, page 727), by conferring upon the City of Darien the right to close certain streets; and for 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. On and after the passage of this Act the charter of the City of Darien (Ga. Laws 1909, page 727), is further amended so that the City Council shall have the right to close a street in said City, as follows: West Street starting at the intersection of West and Third Streets on the South side of Third Street, and running thence South on West Street to Cathead Creek and the City of Darien through its governing body is authorized and empowered to sell any part or all of said street at either public or private sale for the best and highest price obtainable. Closing and sale of West Street authorized. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Repealing clause. Approved February 16, 1945.

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DARIEN CITY COURT ABOLISHED. No. 108. An Act to abolish the city court of Darien, McIntosh County, Georgia; to transfer all cases pending therein to the Superior Court in said county; to repeal the Act creating the city court of Darien in McIntosh County, Georgia (Acts 1929, pp. 409-420) as amended by an Act approved March 27, 1941 (Acts 1941, pp. 644-645) as amended by an Act approved February 11, 1943 (Acts 1943, pp. 749-752); 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 Act creating the city court of Darien in McIntosh County, Georgia (Acts 1929 pp. 409-420 as amended by an Act approved March 27, 1941 (Acts 1941, pp. 644-645) as amended by an Act approved February 11, 1943 (Acts 1943, pp. 749-752) be, and the same is hereby repealed in its entirety, and the city court of Darien is hereby abolished. Darien city court abolished. Section 2. That all cases, criminal and civil, and all matters of every kind therein pending at the time of the passage and approval of this Act be, and they are hereby transferred to the Superior Court of McIntosh County, Georgia, and the clerk of the said city of Darien is hereby required to file all of the proceedings and pleadings in all cases with the clerk of the Superior Court of McIntosh County, Georgia, and the clerk of the Superior Court of the said McIntosh County is hereby directed to enter such cases and proceedings on the records of said Superior Court accordingly. Pending proceedings transferred to Superior Court of McIntosh County. Section 3. That all laws and parts of law in conflict herewith be, and the same are, hereby repealed. Approved February 16, 1945. ROME CHARTER AMENDMENTS. No. 109. An Act to amend An Act creating a new charter and

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Municipal Government for the city of Rome; define the rights and powers of the Municipality; define the corporate limits thereof; to repeal all charters and all laws in conflict therewith, as approved August 19, 1918, and the laws amendatory thereof; by providing for the extension of the City Limits; by amending Section 42 thereof by increasing the tax limit from two and one-fourth per cent to two and one-half per cent and to increase the proportion of said tax devoted to public school purposes; by amending the said Act as amended by the Act approved February 16, 1943, providing for certain retirement payments to the employees of the city of Rome; by amending the said Acts as amended by an Act approved March 24, 1939, by changing the hours of employment of said municipal employees; 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 the city limits of the said City be and they are hereby changed, enlarged and extended so as to include that area or property adjacent to the present City Boundary of said City described as beginning at a point on the line of the present City Limits 200 feet south of East Eleventh Street in Poplar Avenue, running thence northerly along said City Limits in Poplar Avenue, 443.5 feet to an alley, running thence easterly along said alley 455 feet to the beginning point, said property embracing what is known as the H. E. Henson Addition to Collinswood Park, a plat of same having been filed and recorded in the Clerk's Office of the Superior Court of Floyd County, Georgia, on November 3rd, 1937, and appears of record in Plat Book 1, page 293, in said Clerk's office; said property is hereby annexed to said City as part of the Seventh Ward thereof. City limits extended. Section 2. Be it further enacted by the aforesaid authority that Section 42 of an act approved August 19, 1918 creating a new charter and municipal government for the City of Rome as amended and especially as

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amended by an Act approved August 8, 1929, be and the same is hereby amended by repealing and striking all of Section 42 of said Act as amended and by inserting in lieu thereof the following to be known as Section 42: Section 42. Be it further enacted by the authority aforesaid, that for the purpose of raising revenue for the support and maintenance of the government of said City of Rome, including the payment of bonds, interest on the bonded debt, and the creation of a sinking fund for the extinguishment of said bonded debt, and for paving and macadamizing streets, and for all other purposes, the said City Commission shall have full power and authority for the assessment, levy, and collection of ad valorem taxes on all real and personal property owned or held within the corporate limits of said city which, under the laws of the State, is subject to taxation, not to exceed two and one-half per cent of the assessed value of all such property, provided eight-tenths of one per cent, of the assessed value of all such property shall be used only for the support and maintenance of the public school system of said City of Rome, including buildings, repairing buildings and improving school grounds. And provided further that it shall not be mandatory on the governing authorities to levy the full amount of said school-tax or the full amount of taxes provided for all purposes, but if the full amount of taxation provided for, amounting to two and one-half per cent is levied, eight-tenths of one per cent shall be for school purposes. Purpose of taxation. 2% tax authorized. School tax. Section 3. Be it further enacted by the authority aforesaid that the said Act as amended by an Act approved March 24, 1939, be amended by striking Section 2 of said Act approved March 24, 1939, and by inserting in lieu thereof a new section to be known as Section 2 to read as follows, to wit: Section 2. Be it further enacted by authority aforesaid that Section 100 of said Act approved August 19, 1918, as amended be and the same is hereby amended as follows, to wit: No member of the Fire Department except the Chief, shall be employed more

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than eighty-four hours in any week except in cases of emergency; provided further that members of the Fire Department shall be furnished with two uniforms and two caps a year together with the regular equipment of boots, coat and trousers known as Quick Hitches, whenever such may become necessary, by the said City of Rome; provided further that the Fire Department shall consist of not less than thirty (30) men in addition to the Chief thereof; provided further that each member of said Fire Department shall receive each year a vacation of 10 days with pay. Fire department employees' hours. Equipment furnished such employees. Number of such employees. Vacation. Section 4. Be it further enacted by the authority aforesaid that the said Act creating a municipal government for the City of Rome as amended by an Act approved February 16, 1943, be amended by striking all of Section 11 (a) of said Act approved February 16, 1943, and by inserting in lieu thereof a new section to be known as Section 11 (a) to read as follows, to wit: Section 11. Retirement-Eligibility. (a) Each monthly-salaried 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. Provided, however, that any person who has been a monthly-salaried employee of the City of Rome for an aggregate of twenty-five years may become eligible to receive benefits under the Act when he shall have reached the age of fifty years even though he may have left the employ of the City before he has attained the age of fifty years. City employee's eligibility for retirement under benefits. Section 5. Be it further enacted by the authority aforesaid that said Act creating a municipal government for the City of Rome as amended by an Act approved February 18, 1943, be amended by striking from Section

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11, paragraph B of said Act approved February 16th, 1943, the words sixty-five before the word years and by inserting in lieu thereof the word seventy. Provided, however, that the amendment herein enacted shall not apply to members of the Fire Department of said City. Act of 1943, sec. 11, par. B amended. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Approved February 19, 1945. NORTHERN JUDICIAL CIRCUITSOLICITOR'S GENERAL SALARY. No. 110. An Act to amend an Act abolishing the fee system in the Superior Courts of the Northern Circuit and fixing a salary in lieu thereof for the Solicitor-General of said Circuit, described as an Act approved March 28, 1935, and appearing in the published Acts of 1935 as No. 301 (Ga. Laws, 1935, pages 861, et seq.) to provide for an increase in said salary, 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 abolishing the fee system in the Superior Courts of the Northern Circuit and fixing a salary in lieu thereof for the Solicitor-General of said Circuit, approved March 28, 1935 (Ga. Laws 1935, pp. 861 et seq.), be, and the said Act is hereby, amended by striking in its entirety Section 2 of said Act and substituting in lieu thereof a new section to be numbered and designated as Section 2, and to read as follows: Section 2. Be it further enacted by the authority aforesaid, that the salary of said Solicitor-General of said Northern Judicial Circuit shall be $3900.00 per annum, in addition to the salary of $250.00 per annum prescribed in paragraph 1, section 13, article 6 of the Constitution of this State, which said salary (additional

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to the constitutional salary of $250.00 per annum) shall be paid him monthly out of the treasuries of the various counties composing said Circuit and in the following proportions, to-wit: Elbert County shall pay $900.00; Franklin County shall pay $900.00; Hart County shall pay $900.00; Madison county shall pay $600.00; and Oglethorpe County shall pay $600.00, which said several sums, together with the constitutional salary of $250.00 paid by the State of Georgia, aggregating $4150.00, shall constitute the salary of the Solicitor-General of the Northern Circuit. Northern Judicial Circuit Solicitor's General salary. Pro rata part of counties composing circuit. Section 2. Be it further enacted by the authority aforesaid, that said Act approved March 28, 1935 (Ga. Laws 1935, pp. 861, et seq. No. 301), be, and the same is further amended, by striking in its entirety section 4 of said Act and substituting in lieu thereof a new section to be numbered and designated section 4, and to read as follows: Section 4. Be it further enacted by the authority aforesaid, that the salary of said Solicitor-General shall be paid on the first day of each month by a warrant or draft drawn therefor by the Solicitor-General aforesaid, which warrant or draft shall have the force and effect as a warrant or draft drawn or issued for such purpose by the Judge of the Superior Court of said Circuit. Said warrant or draft for Franklin County's portion of the salary shall be drawn on the County Treasurer, or its depository, and for the portions due by the counties of Hart, Elbert, Madison and Oglethorpe shall be drawn on the Commissioners of Roads and Revenues of said counties, respectively, or on the county depository designated by them, which warrant or draft shall be paid on presentation. When and how salary paid. 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 20, 1945.

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COUNTY WELFARE DIRECTORREMOVED FROM OFFICE. No. 112. An Act to require the State Merit Council to remove from office any county welfare director who has falsified her application for examination in any particular; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That on and after the passage of this Act the State Merit Council and the State Merit System is required to remove from office any county welfare director who has falsified in any particular, material or otherwise, any statement relating to his or her education, social welfare service or other qualification whether material or immaterial. Removal for falsifying of qualifications. Section 2. The application for examination of the county welfare director shall not be allowed to be varied by other evidence but the application on file with the State Merit System shall be the controlling factor in the determination of its truth or untruth. Application controlling factor. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 20, 1945. EAST POINT CHARTER AMENDED. No. 113. An Act to amend an Act entitled An Act to create a new charter for the City of East Point, approved August 1912, and the several acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby acknowledged [sic] by authority of the same, that:

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Section 1. The City Council of East Point may provide for absentee ballot and absentee voting in City of East Point elections by ordinance; provided that no such ballot shall be counted or allowed except it be secret under such ordinance. Absentee ballots and voting. Section 2. The compensation of the Mayor and each Alderman of the City of East Point shall consist of an annual salary in such amount, payable monthly, as may be fixed by the City Council of East Point at its reorganization meeting in January of each year, which salary once fixed shall not be subject to change during the year for which it shall have been fixed. Compensation of Mayor and Aldermen. Section 3. It shall be lawful for the City Council of East Point to appropriate and spend funds from the City of East Point to wholly or partially acquire a site, and wholly or partially construct, build, erect, repair, improve and furnish thereon a memorial in the form of a home for the use and benefit of East Point members of the American Legion, in honor of the men and women from East Point who have made or yet will make the supreme sacrifice on the altar of freedom in military conflict around the world. American Legion Memorial. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1945. CONDEMNATION BY CERTAIN CITIESFEE SIMPLE TITLE. 36-606 No. 114. An Act to amend section 36-606, Code of Georgia, 1933, providing that when any corporation or person seeking to condemn, shall pay the amount of the final award that such corporation shall be vested with such interest in the property taken as may be necessary to enable the corporation or person taking the property to exercise its franchise or conduct its business so as to provide that when such corporation is a municipality

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having a population of more than 250,000 according to the last or any future decennial census shall acquire fee simple title. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 36-606, Code of Georgia, 1933 be and the same is hereby amended as follows: 36-606 amended. Section 1. By changing the period at the end of said section to a comma, and by adding thereafter the following provision: except, however, when such corporation is a municipality having a population of more than 250,000 according to the last or any future decennial census of the United States, such municipality shall acquire a fee simple title to the property condemned upon payment of the condemnation money, so that said section when amended shall read as follows: 36-606. What interest to vest in party seeking condemnation.Upon the payment, by the corporation or person seeking to condemn, of the amount of the award, and final judgment on appeal, such corporation or person shall become vested with such interest in the property taken as may be necessary to enable the corporation or person taking to exercise its franchise or conduct its business; and whenever the corporation or person shall cease using the property taken for the purpose of conducting its business, said property shall revert to the person from whom taken, his heirs or assigns; but whenever any municipality condemns land for protection against floods and freshets, said municipality may acquire a fee simple title to the property condemned on payment of the condemnation money, except, however, when such corporation is a municipality having a population of more than 250,000 according to the last or any future decennial census of the United States, such municipality shall acquire a fee simple title to the property condemned upon payment of the condemnation money. To read as amended. Fee simple title to condemned property. Population.

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Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 20, 1945. SYLVANIA PENSIONS. No. 115. An Act to amend the Charter of the City of Sylvania by providing that the mayor and council shall have authority to set up a pension fund or to pay a pension to city employees not to exceed one-half of the annual salary in any given year within their discretion; 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 on and after the passage of this Act the mayor and council of the City of Sylvania will be authorized and empowered to pay a pension to a city employee or to city employees who because of his or her age or physical condition is unable to efficiently continue his or her duties in the employ of the City of Sylvania. The amount of said compensation shall not exceed for one year an amount equal to one-half of the highest yearly salary received by said employee while in the employ of the City of Sylvania. Pensions to city employees. Section 2. That this authority is permissive and within the discretion of the mayor and council of the City of Sylvania. Authority permissive. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 20, 1945. BARROW SUPERIOR COURT TERMS. No. 116. An Act to amend an Act entitled An Act to provide

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for holding four terms a year of the Superior Court of Barrow County; to prescribe the time for holding the same; to prescribe when and how Grand Juries shall be required to attend said court; to repeal conflicting laws; and for other purposes to provide for a change in the terms of the Superior Court of Barrow 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 the Act approved March 27, 1941, entitled An Act to provide for holding four terms a year of the Superior Court of Barrow County; to prescribe the time for holding the same; to prescribe when and how Grand Juries shall be required to attend said court; to repeal conflicting laws; and for other purposes, be, and the same is hereby amended by striking Section 2 of said Act appearing in the Georgia Laws of 1941, pages 607 and 608, and inserting in lieu of said Section 2 so stricken a new Section 2 reading as follows: Act of 1941 amended. Section 2. Be it further enacted that the terms of said court shall be held on the third and fourth Mondays in February and August of each year and on the first Mondays in May and November of each year. Court terms. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved February 20, 1945. GRAY CHARTER AMENDMENTS. REFERENDUM No. 117. An Act to amend an Act creating the Town of Gray, approved August 22, 1911, (Georgia Laws 1911, pages 1267-1276) providing for a municipal government for said town, defining its boundaries, and for other purposes, and all amendatory Acts thereto, by repealing Section 16 of the Act, as same appears on pages 1273-1274

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1274 of the Act approved August 22, 1911, providing for administrative powers of council, in its entirety, and inserting in lieu thereof a new section to provide for administrative powers of council; the right to declare nuisance; abate fire hazards; to provide for a referendum; 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 Act approved August 22, 1911, (Georgia Laws 1911, pages 1267-1276) be and the same is hereby amended by repealing Section 16 of said Act, as same appears on pages 1273-1274, providing for administrative powers of council, and inserting in lieu thereof a new section to provide for administrative powers of council, the right to declare nuisances, and abatement of fire hazards, and to be known as Section 16, and to read as follows: Section 16 of Act 1911 repealed. Section 16. Be it further enacted by the authority aforesaid, that the said mayor and councilmen of the Town of Gray shall have power and authority over all streets, alleys, sidewalks, parks and cemeteries; to remove all obstructions and nuisances therefrom; to regulate and control all public houses, markets, butcher pens, hog pens, livery stables, blacksmith shops, ginneries, mills, and machinery propelled by steam, gasoline or electric power, and to remove the same should they become dangerous to the persons or property or injurious to public health. To establish fire limits and regulations to guard against fires, to move or cause to be removed all buildings or parts of buildings or other obstructions that may be classified by the mayor and council as a nuisance or a fire hazard, and to organize and maintain a fire department; to establish a system of sewerage, drainage and waterworks; to maintain street light; to establish and maintain an electric light plant and system; to establish and maintain other appliances and other improvements that may conduce to the health and comfort of the citizens of the town; to fill excavations, construct

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ditches, drain ponds and marshes; and to exercise police authority over all parts of the town as will conduce to the health, peace and comfort, good order and the convenience of the citizens, and to pass all such ordinances as they may deem necessary therefor. Provided, however, the county authorities of said county of Jones shall continue to work, maintain in repair all public roads and highways in said town for a uniform width of thirty feet as if this Act had not been passed, until the council of said town shall take over and assume to discharge the care and maintenance of said roads and highways. New Section 16 Power and authority of Mayor and Councilman. Ordinancies. Work by county. Section 2. Be it further enacted by the authority aforesaid that this Act will not go into effect until the same has been submitted to the qualified voters of the town of Gray in a special election to be held not less than sixty nor more than ninety days from the date of the approval of this Act. Referendum. Section 3. It shall be mandatory on the mayor and council of the Town of Gray to call said election within the time above specified. On the date of said election the mayor and council of the Town of Gray shall furnish said voters with ballots upon which shall be printed: For ratification of the Act amending the charter of the Town of Gray, and Against ratification of the Act amending the charter of the Town of Gray. Election mandatory. Ballots. Section 4. The returns of said election, after the managers have consolidated the same, shall be made to the mayor and council of the Town of Gray, who shall declare the result of said election. Returns. Section 5. If a majority of those voting in said election vote for ratification, this Act shall become effective immediately after the consolidation of the votes. Effective immediately. Section 6. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 20, 1945.

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HOGANSVILLE COMMISSIONERS. REFERENDUM No. 118. An Act to amend the Charter of the City of Hogansville, Troup County, Georgia, which was approved March 12, 1941, changing form of government of the City of Hogansville from Mayor and Council to six (6) Commissioners; providing for election of Chairman and of said Commission; fixing the term of office of said officials; fixing duties and powers of said Commissioners; providing for an election of City Manager and other officials of the city by said Commission; providing for the operation of the city affairs by City Manager; fixing duties and powers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act and after its adoption by the voters of said city, and after its adoption by the present Mayor and Council of said City, and within thirty (30) days thereafter an election shall be called for the election of six (6) commissioners to serve as Commissioners for the City of Hogansville, for the terms hereinafter fixed, to-wit: Election called for commissioners. (a) Two (2) Commissioners shall be elected who shall serve from the date of their election and qualification until the first Monday in January 1946, and until their successors are elected and qualified. Terms. (b) On said date two (2) Commissioners shall be elected who shall serve from the date of their election and qualification until the first Monday in January 1947, and until their successors are elected and qualified. (c) That on said date two (2) Commissioners shall be elected who shall serve from the date of their election and qualification until the first Monday in January 1948, and until their successors are elected and qualified. Section 2. Each candidate at said election shall announce

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for which term he is seeking election and the two candidates receiving the highest number of votes for each of the succeeding terms, shall be declared elected, and the manager of said election shall give the two thus selected for each of the three terms a certificate of election, which certificate shall entitle the holders to be installed into office on the first Monday following said election. Announcement for terms. Section 3. Thereafter annually on the 1st Wednesday in December Two (2) Commissioners shall be elected for a term of three (3) years to fill the terms expiring on the first Monday in January following, under the rules and regulations now provided for holding city elections, and the Manager of said election shall give to the two persons receiving highest vote a certificate of election, which certificate shall entitle the holder to be installed into office on the first Monday in January next following. Annual election for 2 members. Section 4. The Board of Commissioners so elected shall go before some officer of Troup County, Georgia, authorized to administer oaths, and take the following oath: I do solemnly swear that I will well and truly demean myself in the office to which I have been elected, to the best of my skill and knowledge, and I will faithfully and honestly account for and pay over all public moneys that may come into my hands during my term of office, and will otherwise faithfully discharge the duties of the office that may from time to time be required of me by laws of Georgia and ordinances of the City of Hogansville, so help me God. And said Board of Commissioners will then be fully qualified to discharge the duties prescribed by this charter, until their successors are elected and qualified. Oath. Section 5. In case of any vacancy in office of any commissioner the remaining commissioners of said city shall immediately call a special election which shall be had, as special elections are had, under the present charter and ordinances of the city to fill such vacancy. Vacancy Section 6. That at the first regular meeting of the commissioners who are elected in 1945 said commissioners

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shall proceed to elect, from one of their number, a chairman to serve until the first Monday in January 1946. On the first Monday in January of each succeeding year said commissioners shall elect one of their number to serve as chairman for the term of one year, and until his successor is elected and qualified. Said election shall be entered upon the minutes of the City. Chairman. Section 7. Commissioners, Chairman Pro Tem. The Commissioners at said meeting shall elect a Chairman pro tem, who shall exercise the duties of the Chairman in case of his absence or inability to act for any reason. Chairman pro tem. Section 8. Commissioners, Salary. Each of said Commissioners shall receive a salary of $50.00 per year, except the Chairman who shall receive $90.00 per annum. Salary. Section 9. Commissioners, Administrative and Executive Powers. The Chairman of said Board shall be the chief executive officer of said city. Section 10. Commissioners, Chairman, Duties of. The Chairman shall preside at all meetings of the Commissioners which he attends, unless he vacates the chair and calls on the Chairman pro tem. The Chairman shall be entitled to vote on all questions, motions or matters in case of tie vote only. The Chairman shall sign all orders, checks and warrants drawn by the City Manager for the payment of any moneys cut of the treasury of said City, and shall execute on behalf of said city all contracts, deeds and other obligations, and no order, check or warrant, and no contract, deed or other obligation not signed by the Chairman shall be valid, provided, however, that by a two-thirds vote, the Board of Commissioners may direct the Chairman to sign such check, warrant, order, deed, contract or other obligation that has been ordered by the two-thirds vote of the Commissioners, and upon such vote taken for that purpose, it shall be the duty of the Chairman to sign the same. Duties of Chairman. Section 11. Commissioners. In case any legislation is defeated or passed over the protest of the Chairman, he shall have authority to veto the same, but such veto may be over-ridden by the vote of four (4) commissioners. Veto.

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Section 12. Commissioners. Meetings. The said Commissioners shall meet at least twice each month at stated periods, and shall hold their meetings in public, shall keep minutes of their proceedings, and shall record all their actions thereon. All votes shall be taken by aye and no, and shall appear on the minutes. They shall be required to meet at such time and as often in extra meetings as any three of them or the chairman may designate or call. The members of the Commission shall devote as much of their time to the office as may be necessary. Meetings. Section 13. Commissioners' Meeting. Quorum. Four commissioners shall be a quorum. Quorum. Section 14. Commissioners, Legislation. Whenever legislation is proposed, it shall be reduced to writing and shall be acted upon by said commission, which shall have the authority to approve or disapprove, or to amend the same. In no case shall an ordinance be put for passage unless it has been read at two separate meetings of the Board. It shall take at least four members of the Commission to act. Ordinances. Section 15. Commissioners, Powers. Said Commissioners shall have full authority to pass ordinances, levy taxes, make appropriations, and fix licenses. Powers. Section 16. Commissioners, Ordinances. The Board of Commissioners shall have full power and authority 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. Section 17. That the six commissioners hereinabove provided for, and their successors in office, shall have all rights, powers, duties and authorities now conferred by charter of the City of Hogansville, and by law as at present on the Mayor and Council of said City. Rights and powers. Section 18. There shall be as officers of the City of Hogansville, in addition to the Commissioners, the following: A City Manager, Recorder or Judge of Police Court, a City Attorney, all of whom shall be elected by

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the Commissioners at their first meeting after their election and the adoption of this amendment, and thereafter on the first Monday in January each year, and their compensation fixed. The duties of the Clerk may be merged with those of the City Manager. There shall be the necessary policemen, and other officers as from time to time may be determined to be necessary for the proper operation and management of the City's affairs. Officers of City. Section 19. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section Twenty-Eight (28) of the Charter of Hogansville is amended as follows: Section 28 of charter amended. (a) That the Commissioners of said City shall elect a City Manager within thirty days (30) of the adoption of this amendment by the City of Hogansville and annually thereafter, on the 1st Monday in January of each year next succeeding; said Manager thus selected shall be the administrative head of the Municipal Government, and shall be responsible for the efficient administration of all departments. He shall be elected without regard to his residence, political belief, or affiliations. His compensation shall be fixed by the Commissioners of said City. During the absence or disability of the City Manager, the Commissioners may designate some properly qualified person to execute the functions of the office. His powers and duties shall be: City Manager. 1. To see that all laws and ordinances are enforced. 2. To appoint and remove all other officers and employees in all departments, except as otherwise provided in the Charter of the City, as amended. Powers and duties of manager. 3. To exercise control over all departments and divisions created in the City, or which may be hereafter created by the Commissioners of said City. 4. To attend all meetings of the Board of Commissioners, with the right to take part in all discussions, but having no vote. 5. To recommend to the Board of Commissioners for

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adoption such measures as he may deem necessary and expedient. 6. To prepare and submit to the Board of Commissioners an annual budget, which shall be reviewed and either adopted or disapproved by them. 7. To keep the Board of Commissioners fully advised as to the financial condition and needs of the City. 8. To supervise and direct the official conduct of all appointive city officers, except as otherwise provided. 9. To supervise the performance of all contracts made by any person for work done for the City, and to make all purchases of material and supplies for the City, and to see that the same are received as contracted for. 10. To perform such other duties as may be prescribed herein, or required of him by Ordinance or resolution of the Board of Commissioners, which may be needful or necessary to be done. Section 20. City Manager, Time Devoted to Duties: The City Manager shall devote his entire time to the office. He may be removed from his office or employment, with or without cause, at any time by a majority vote of the Board of Commissioners. Entire time devoted to duties. Section 21. City Manager, Reports: The Board of Commissioners may require the said City Manager to come before them at any time and answer questions either orally or in writing, and may require from said city manager, at any time they fee fit, written reports upon any matter involving the city that they deem proper, and the City Manager shall report bi-monthly to the Commissioners his general actions and doings, and shall regularly at stated intervals, monthly, file full and complete report of the various departments of the city. Reports. Section 22. Be it further enacted that the Board of Commissioners shall require surety bond, in minimum amount of $5,000.00 of the City Manager, payable to

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the City and conditioned for the faithful and efficient discharge of his duties, and such other lawful conditions as they may fix. Bond. Section 23. Referendum: Before the provisions of this amendment to said charter shall become effective, the Board of Commissioners of said City shall hold an election at such time as the governing authorities may determine after giving thirty days notice thereof by publication of said notice one time each week for four consecutive weeks in the official organ of Troup County, Georgia, in which sheriff's sales are published. Said notice shall briefly state the purposes of the election, the time, place and hours of holding the same. The rules and laws now governing municipal elections shall govern. When the election has been held and a majority of the qualified voters voting shall have voted in favor of such adoption, and after the election managers have duly certified the results of such election to the governing body, said Mayor and Council shall, by proper Ordinance and resolution, declare the result thereof and that the said amendment to said charter is adopted, and shall direct that such ordinance and resolution be entered on the minutes of the city and the said amendment to said charter shall be in full force and effect. Should said election not be in favor of adoption, in such event it may be re-submitted, after six months of said election, to the qualified voters of said City, subject to the same rules, regulations, requirements and restrictions, as are above set out. Referendum. Section 24. Should any part of the above and foregoing amendment be held to be illegal, in such event that part remaining shall not be affected thereby. Invalid parts. Section 25. From and after passage of this Act and after its approval by the voters of the City of Hogansville on referendum held, and after the commissioners, herein provided for are elected and qualified, as herein provided for, the Mayor and Council heretofore elected for said city and whose terms have not expired shall not have any further control or authority in the management of the affairs of the city in any particular.

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Section 26. Be it further enacted that the former Acts of the General Assembly incorporated in the present charter of said city which are at variance, or in conflict herewith are hereby repealed, and all provisions of said Acts not expressly repealed are retained and shall continue in full force and effect. The provisions of this amendment to said charter shall become effective when the same is passed by the General Assembly of Georgia and approved by the Governor of said State, and adopted as hereinabove provided. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Effective date. Approved February 20, 1945. SAVANNAH PENSIONS. No. 119. An Act to amend the charter of the Mayor and Aldermen of the City of Savannah and several acts amendatory thereto incorporating the Mayor and Aldermen of the City of Savannah relative to and supplementary thereto, repealing those amendments to the charter of the Mayor and Aldermen of the City of Savannah providing for the payment of pensions to city employees contained in the Acts of 1919, 1924, 1931, 1933, 1935, 1937, 1939, 1941 and 1932 [sic], specifically excepting however, that certain Act approved February 11, 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; providing and enacting a pension system for employees of the 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 the following Acts of the

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General Assembly of the State of Georgia dealing with pensions for employees of The Mayor and Aldermen of the City of Savannah be and the same are hereby repealed in their entirety: Acts repealed and amended. (a) All of that certain Act approved August 4, 1919, incorporated in the General Assembly Acts of 1919 on pages 1312 and 1313. (b) Section 10 of that certain Act of the General Assembly approved July 18, 1924. (c) Sections 3, 4, 5 and 6 of that certain Act of the General Assembly approved August 27, 1931. (d) Sections 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 of that certain Act of the General Assembly approved February 27, 1933. (e) Sections 5, 6 and 7 of that certain Act of the General Assembly approved March 28, 1935. (f) Section 6 of that certain Act of the General Assembly approved March 20, 1937. (g) Sections 1, 2, 3, 4, 5 and 8 of that certain Act of the General Assembly approved February 8, 1939. (h) Sections 1, 2, 3 and 4 of that certain Act of the General Assembly approved February 26, 1941. (i) All of Section 2 of that certain Act of the General Assembly approved March 3, 1943, contained in the Acts of 1943, pages 1576 through 1585 inclusive. Section 2. Be it further enacted by the authority of the same that that certain Act of the General Assembly of the State of Georgia, approved February 11, 1941, and incorporated in the Acts of the General Assembly of 1941 on pages 1750 to 1752 inclusive, known as Savannah Mayor's Pension is not repealed but is retained and shall continue in full force and effect as subsequently amended. Act 1941 continued in force. 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 Pension System for employees

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of the Mayor and Aldermen of the City of Savannah; said Pension System shall be administered by a Board 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 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 reappointed in the same manner on the second (2nd) Monday after the election of the Mayor and Aldermen. No employees shall be pensioned by the City except upon the recommendation of the Pension Board. It shall be the duty of said Board to pass on all applications by employees of the City of Savannah for pensions. Pension system created. Section 4. Be it further enacted by the authority of the same that the following classes of employees of the City of Savannah shall be eligible to apply for pensions: Employees eligible. (a) An employee of the Mayor and Aldermen of the City of Savannah who shall have served as such for a period of twenty-five (25) years, the last five (5) of which must have been continuous and immediately preceding the application for a pension, and shall have reached the age of sixty (60) years. (b) An employee of the Mayor and Aldermen of the City of Savannah who shall have served as such for a period of twenty-five (25) years, the last five (5) of which must have been continuous and immediately preceding the application for a pension, and who has become physically disabled. (c) Any employee of the Mayor and Aldermen of the

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City of Savannah who shall have served as such employee for a period of less than twenty-five (25) years, but more than ten (10) years, the last five (5) years of which must have been continuous and immediately preceding the application for a pension, and if he becomes totally disabled, may apply for a pension, the amount of which pension, however, to such person shall be not more than two (2%) per cent of the salary said employee was receiving at the time of this disability for each year that he has served as such employee, which pension shall not be more than $100.00 per month. The amount of the pension that shall be paid to an employee who has served twenty-five (25) years, or more, shall be fifty (50%) per cent of the said employee's salary at the time of making application for a pension, but in no event shall said pension be in a greater amount than One Hundred ($100.00) Dollars per month. This applies to those persons who fall within the categories defined in Paragraphs A and B of this section. Section 5. 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 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. Disabilities. Widow Children. Section 6. Be it further enacted by the authority of

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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. Contribution by employees. Trust fund. Fund not subject to attachment, etc. Section 7. 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

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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. 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. Expense of administration. Withdrawals. Section 8. 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-five 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. Credit on return to service. Section 9. Be it further enacted by the authority of the same that any employee of the Mayor and Aldermen of the City of 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. Employment by U. S. or State Government. Section 10. Be it enacted by the authority of the same that no employee shall be pensioned for total disability, 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

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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. If the two 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 recommendations 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 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 previously been 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. Total disability. Examination by physicians. Years of service computed. Section 11. Be it further enacted by the authority of the same that from and after the passage of this Act all funds heretofore placed in the Pension Trust Fund shall remain therein, subject, however, to the provisions of this Act. Prior funds. Section 12. 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

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purpose of supplementing said Pension Fund and the payment [of] pensions to its employees under the provisions of this Act. Supplemental funds. Section 13. 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-five (25) years, he shall not be subject to dismissal from the employ of the Mayor and Aldermen of the City of Savannah without first being pensioned in an amount equal to fifty (50%) per cent of the amount of salary or wages he was receiving at the expiration of said twenty-five (25) years of service, subject, however, to the provisions of this Act, which pension, however, is not to exceed the sum of One Hundred ($100.00) Dollars. No employee shall be required to contribute to the Pension Fund after having been once pensioned. 25 years' service. Section 14. 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. Provisions applicable to full time employees. Section 15. 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, or becomes in any wise unfit mentally or physically or for any reason displays an inaptitude for the duties connected with his or her employment, 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

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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. Failure to apply for pension. Section 16. 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 provisions they deem necessary to carry out the intent and purpose of this Act and for the payment of pensions hereunder to employees and which would not contravene or materially affect the provisions of this Act. Enabling ordinances. Section 17. 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 herein and shall promptly report to Council on its recommendation. Applications for pensions in writing. Section 18. Be it further enacted by the authority of the same that any employee who elects to continue as an employee of the Mayor and Aldermen of the City of Savannah and to pay the required amounts into the Pension Fund shall have a vested right in that portion of his payment to said Pension Fund which is not set aside for administrative purposes. It is expressly provided, however, that an employee has no other vested rights hereunder until the Pension shall have been granted in accordance with the terms of this Act and such vested right shall expressly terminate in event of a violation of the reservations contained in Section 9 and any employee applying for pension expressly accepts the terms of said reservation. Vested right in pension. Qualification of right. Section 19. Any former employee of the City of Savannah who left the City's employ to enter the United States Armed Forces and who upon discharge from the Armed Forces re-enters the employ of the City shall have credited to his record for pension purposes the amount of time served in the Armed Forces from the time of his induction to the time of his discharge. The Mayor and

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Aldermen of the City of Savannah shall pay from the general treasury of the City into the Pension Fund such amount of money as would have been paid into the Pension Fund by such employee if he had remained as a City employee during the time that he served in the Armed Forces computed upon the basis of the salary that said employee was receiving at the time he left the City's employ for entry into the Armed Forces. As a prerequisite, however, the said employee shall pay into the Pension Fund upon his re-employment with the City all funds, if any, withdrawn by him from the Pension Fund at the time he left the City's employ. Armed forces. Prerequisite. Section 20. 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 Comptroller 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. Provisions of the Act printed and distributed. Section 21. Be it further enacted by the authority of the 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. Section 22. Be it further enacted that if any section or provision of this Act should be held unconstitutional or invalid by any court of competent jurisdiction it shall not affect the validity and constitutionality of the remainder of this Act. Invalid parts. Approved February 20, 1945. WAYNESBOROSALE OF PROPERTY. No. 121. An Act to amend an Act approved December 15, 1893

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entitled An Act to amend and renew the various Acts incorporating the Town of Waynesboro, and which makes the same a City, and all Acts amendatory thereof so as to authorize the Mayor and Council of said municipality to sell and dispose of any property, both realty and personalty belonging to said municipality, whenever in the discretion of the Mayor and Council it shall deem the sale and disposition of any of the property of said municipality to be to best interest of said municipality and on such terms and conditions as to the Mayor and Council of said municipality seem proper and to transfer title to any of said property by deed or contract, except that the electric, water and ice plants of said municipality shall not be sold nor disposed of without complying with the provisions of law contained in Sections 91-902 to 91-904 inclusive of Code of Laws of State of Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act approved December 15, 1893, entitled, An Act to amend and renew the various Acts incorporating the Town of Waynesboro, and which make the same a City, and all Acts amendatory thereof be and is amended by adding at end of Section II of said Act after last word of said Section II, the following words: Acts amended The Mayor and Council of said municipality shall be authorized to sell and dispose of any property, both realty and personalty, belonging to said municipality, whenever in the discretion of the Mayor and Council it shall deem the sale and disposition of any of the property of said municipality to be to best interest of said municipality, and on such terms and conditions as to the Mayor and Council of said municipality seem proper and to transfer title to any of said property by deed or contract, except that the electric, water and ice plants of said municipality shall not be sold nor disposed of without complying with the provisions of

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law contained in Sections 91-902 to 91-904 inclusive of Code of Laws of State of Georgia Amendment. so that Section II when amended shall read and be as follows: Section II. Be it further enacted, That the municipal Government of the City of Waynesboro shall consist of a Mayor and six Aldermen, who are hereby constituted a body corporate under the name and style of the Mayor and Council of Waynesboro, and by that name and style shall have perpetual succession; shall have a common seal and be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them and their successors, for the use of the City of Waynesboro. The Mayor and Council of said sonal, of every character, kind and nature, within and without the jurisdictional limits of the City for corporate purposes; and shall by said name be capable of suing and being sued in any court of law in this State, and shall succeed to all the rights and liabilities of the City of Waynesboro. The Mayor and Council of said municipality shall be authorized to sell and dispose of any property, both realty and personalty belonging to said municipality, whenever in the discretion of the Mayor and Council it shall deem the sale and disposition of any of the property of said municipality to be to the best interest of said municipality, and on such terms and conditions as to the Mayor and Council of said municipality seem proper and to transfer title to any of said property by deed or contract, except that the electric, water and ice plants of said municipality shall not be sold nor disposed of without complying with the provisions of law contained in Sections 91-902 to 91-904 inclusive of Code of laws of State of Georgia. Section II to read as amended. Sale of property. 91-902 to 91-904. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1945.

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PERRY TERRITORIAL LIMITS EXTENDED. No. 122. An Act to amend an Act entitled An Act to create a new charter for the City of Perry, in the County of Houston, and to re-incorporate said City under the name of City of Perry, and to define its territorial limits, etc., approved March 29, 1937, by repealing Section 1 of said Act and substituting a new Section to be known as Section 1, enlarging and re-defining the corporate limits of the City of Perry. 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 29, 1937 entitled An Act to create a new charter for the City of Perry, in the County of Houston, and for other purposes published in Georgia Laws, 1937, pages 2029 to 2084, be, and the same is hereby amended by striking from said Act, Section 1 thereof, and by inserting in said Act a new Section to be known as Section 1 and providing as follows: Act 1937, pages 2029-2084 amended. Section 1 stricken. Section 1. Territorial Limits. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the corporate limits of the City of Perry shall extend one and one-fourth (1) miles in every direction from the Court House, except on the west side of said City of Perry, on which side Big Indian Creek shall be the boundary. No field or woodland exceeding five (5) acres shall be subject to taxation until the same is laid off into city lots. New Section 1. Territorial limits extended. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 23, 1945.

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CITY COURT OF EASTMANSALARY OF JUDGE. No. 123. An Act to amend an Act entitled: An Act to establish the City Court of Eastman, in the County of Dodge: To define its jurisdiction and powers, to provide for the election, qualifications, duties, powers, compensation of its officers, etc., approved August 19th, 1912, and published in the Acts of 1912 pages 199 to 215 both inclusive, as amended by the Act of 1920 pages 326 and 327, by increasing the salary of the Judge to $3,000.00 per annum. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that Section 4 page 200 of the Act of 1912, as amended by Section 1 of the Act of 1920 page 326, be and the same is hereby amended by striking therefrom the words and figures $1800.00, and inserting and substituting in lieu thereof the words and figures $3,000.00, so that said section as amended will read as follows: Act 1912 p. 200 amended. Be it further enacted by the authority aforesaid, that there shall be a Judge of the said City Court of Eastman, who shall be elected by the qualified voters of the County of Dodge, such election to be for a term of four years beginning January 1st, 1913, the first election to be held at the election in October 1912 and thereafter the election to be held at the end of each term of four years. Vacancies arising from death or otherwise to be filled by appointment of the Governor, the appointee to hold until his successor is elected and qualified at an election to be called by the ordinary of Dodge County, at a date not later than ninety days nor earlier than thirty days after vacancy occurs. The judge of said City Court of Eastman shall receive a salary of $3,000.00 per annum, which shall not be increased or diminished during his term of office, and shall be paid monthly out of the treasury of the County of Dodge, and the county authorities shall levy a tax for the purpose of this Act. To read as amended. Election of Judge. Salary.

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Section 2. Be it further enacted by the authority aforesaid that this Act shall become effective immediately upon passage and approval. Effective date. Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1945. POLK COMMISSIONERS' CLERK. No. 124. An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Polk and defining their powers and duties to be, approved August 19, 1919 (Ga. Laws 1919, pp. 719-727) and all amendatory thereto; to provide for the election and removal and to fix the compensation of a clerk of the Board of Commissioners of Roads and Revenues of Polk County, Georgia; and 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 creating the Board of Commissioners of Roads and Revenues for the County of Polk, defining their powers and duties, approved August 19, 1919 (Ga. Laws 1919, pp. 719-727) and all amendatory Acts thereto, be, and the same are hereby amended by adding an additional section to be numbered as follows: Section 9a. To provide for the election and removal and to fix the compensation of a clerk of the Board of Commissioners of Roads and Revenues of Polk County, Georgia, so that when amended, said Act shall read as follows: Acts amended. Section 9a. The Commissioners shall at their first meeting after their organization, appoint some suitable person, who possesses practical business experience and who is experienced in keeping books and records, to serve as clerk for the Board of Commissioners of Roads and Revenues, which employee shall be subject

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to be removed at any time at the discretion of the board. The appointee aforesaid shall be paid a salary not to exceed one hundred fifty dollars per month, to be fixed by the Commissioners. Additional section. Clerk appointed. Salary. 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 23, 1945. REGISTERING VOTERSASSISTANCE INACT REPEALED. No. 125. An Act to repeal in its entirety an Act approved March 2, 1933 (Acts 1933, p. 236) entitled an Act to authorize the County Board of Registrars and the Ordinary in certain counties to assist the Tax Collector in registering voters; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same that the Act approved March 2, 1933 (Acts 1933, p. 236) entitled an Act to authorize the County Board of Registrars and the Ordinary in certain counties to assist the Tax Collector in registering voters, be and the same is hereby repealed in its entirety. Act 1933 p. 236 repealed. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1945. NEWTON TREASURER'S SALARY. No. 126. An Act to amend an Act fixing the salary of the Treasurer of Newton County (Ga. Laws 1915, p. 320), as

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amended by an Act of the General Assembly (Ga. Laws 1917, p. 383), as amended by an Act of the General Assembly (Ga. Laws 1919, p. 709), by striking the words and figures eight hundred ($800.00) dollars where they appear in the Act of 1919, p. 709, Section 1, and substituting in lieu thereof the words and figures one thousand ($1,000.00) dollars so as to fix the salary of the Treasurer of Newton County at one thousand ($1,000.00) dollars per annum; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act of the General Assembly (Ga. Laws 1915, p. 320), as amended by Act of the General Assembly (Ga. Laws 1917, p. 383), as amended by Act of the General Assembly (Ga. Laws 1919, p. 709), be further amended by striking the words and figures eight hundred ($800.00) dollars where they appear in said Act, and substituting in lieu thereof the words and figures one thousand ($1,0000.00) dollars so that Section 1 of the Act of 1919, p. 709, shall read as follows: Acts amended. Section 1. From and after the first day of January, 1945, the Treasurer of Newton County shall be paid a salary of one thousand ($1,000.00) dollars per annum for his services as such Treasurer, and he shall not receive any fees, commissions, or other compensation from said office except that the fiscal authorities of Newton County shall pay the premium on the bond required by law of said Treasurer out of the general county funds. The salary herein provided shall be paid monthly. Treasurer's salary. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 23, 1945.

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WHITE TAX COMMISSIONER. REFERENDUM. No. 127. An Act to abolish the offices of tax-collector and tax-receiver of White County, Georgia, to create the office of Tax-Commissioner of said county; to provide for the election of a Tax-Commissioner and his term of office, to provide that he shall qualify and take office at the expiration of the present terms of the tax-collector and tax-receiver of said county, provided the creation of the office of Tax Commissioner for said county is approved by the qualified voters of said county in the referendum herein provided for, to provide for a referendum submitting to the qualified voters of said county the consolidation of the offices of the tax collector and tax receiver, to prescribe the duties of the Tax Commissioner when this Act becomes operative after the referendum herein provided for, to fix the salary of said Tax Commissioner, and for other purposes. 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 accordance with and by authority of an amendment to the Constitution of the State of Georgia approved August 18, 1924 the offices of tax-receiver and tax collector of White County, Georgia, are hereby abolished when this Act is approved by the duly qualified voters of White County, and the duties of the two offices are hereby consolidated into one office under one man, to be known and designated as the White County Tax Commissioner and the rights, duties and liabilities of the office of White County Tax Commissioner shall be the same rights, duties and liabilities of the tax receiver and tax collector of said county in so far as the same are applicable. All general laws of this State now governing the offices of tax receiver and tax collector shall govern the Tax Commissioner in so far as the same are applicable and except as hereinafter provided. Officers of tax receiver and tax collector abolished. Tax Commissioner. Duties.

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Section 2. Be it further enacted by the authority aforesaid, That all taxes that are due and payable at the time the provisions of this Act become effective, and all tax fi. fas. heretofore issued by the tax collector of White County, Georgia, shall have full force and effect and shall be collected by the White County Tax Commissioner. Taxes due and fi. fas. in force. Section 3. Be it further enacted by the authority aforesaid, That all fees, costs and commissions, and all other compensation allowed to the tax receiver and tax collector of White County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafterward, were it not for the provisions of this Act, shall be collected by said tax commissioner and a correct and true record kept thereof be presented to the Board of Commissioners of Roads and Revenues of said county when called for by said board of commissioners, and said funds shall be paid into the treasury of White County, Georgia, except as hereinafter provided. Fees, costs paid into treasury. Section 4. Be it further enacted by the authority aforesaid, That the White County tax commissioner shall hold office for the term of four years, beginning January 1, 1949, and said tax commissioner shall be elected at the general election to be held in November, 1948 and every four years thereafter. This Act shall become effective January 1, 1949; Provided that the duly registered and qualified voters of White County shall approve the provisions of this Act in a referendum to be submitted to said voters at the time and date of the general primary or general election for State House officers, to be held in and for said county and other counties of this State in 1946; the form of submission shall be as follows: For creation of the office of tax commissioner for White County, Georgia, as provided by Acts of the General Assembly, 1945 against creation of the office of tax commissioner for White County, Georgia, as provided by Acts of the General Assembly of 1945. The returns of said election shall be made to the ordinary of said county, who shall publish the result of the same within thirty days from the date thereof. If the majority of the qualified voters so voting in said election shall favor the creation

Page 722

of said office, then in that event the provisions of this Act otherwise provided herein become effective. Referendum. Ballots. Section 5. Be it further enacted by the authority aforesaid, That said White County tax commissioner shall receive and be paid, as full compensation for any and all the duties performed by him as receiver and collector of county, school district, and any and all other taxes except State, professional, poll, and special taxes, a fixed salary of one thousand ($1,000.00) per annum, to be paid in monthly installments; and said tax commissioner out of said salary shall pay whatever clerical help that may be necessary for him to have to perform the duties of said office. The said tax commissioner shall be entitled to the commissions now allowed tax collector on all State, professional, poll, and special taxes collected by him. Salary. Commissions allowed on certain taxes collected. Section 6. Be it further enacted by the authority aforesaid, That before entering upon the duties of this office the said White County tax commissioner shall take the oath now prescribed by law for the tax collector, and shall give bond and security in an amount as now provided by law for tax collector, with some surety company approved by the ordinary and Board of Commissioners of Roads and Revenues of said county. Oath, bond and surety. Section 7. Be it further enacted by the authority aforesaid, That the taxing authorities of White County, Georgia, shall levy a tax for the maintenance of said office and of the office supplies, and pay the salary of the White County tax commissioner, and that said taxing authorities shall pay the premium on the bond required of the tax commissioner of White County, Georgia. Tax for maintenance of office. Section 8. Be it further enacted by the authority aforesaid, That the tax commissioner of White County, Georgia, shall have his office in the courthouse of said county in Cleveland, Georgia, and that he shall not be required to make any rounds to receive tax returns or tax payments, but he shall keep his office at the courthouse open for this purpose every day except Sundays and holidays for the purpose of transacting the duties imposed

Page 723

by this Act upon the tax commissioner of White County, Georgia. Office in courthouse. Not required to make rounds. Section 9. Be it further enacted by the authority aforesaid, That if for any reason any portion of this Act shall be by the court of last resort of this State held to be unconstitutional, the whole of this Act shall not thereby become void, but only so much of the same as may be so held to be unconstitutional; the purposes of this Act being to put into effect the Constitution of this State as is contained in Article 11, Section 3, Paragraph 1. Invalid parts. Section 10. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 23, 1945. WARREN COMMISSIONER'S AND CLERK'S SALARY. No. 128. An Act to amend the Act creating a Commissioner of Roads and Revenues of Warren County, Georgia, approved August 7, 1925 (Georgia Laws 1925, pp. 789-797) by striking from Section 5 thereof the words and figures Sixteen Hundred ($1600.00) Dollars and inserting in lieu thereof the words and figures Twenty-One Hundred ($2100.00) Dollars and by striking the words and figures Two Hundred Fifty ($250.00) Dollars and inserting in lieu thereof the words and figures Four Hundred ($400.00) Dollars and by striking the words and figures Four Hundred ($400.00) Dollars and inserting in lieu thereof the words and figures Six Hundred ($600.00) Dollars, and adding the word annual between the words the and salary; and for other purposes.

Page 724

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 a Commissioner of Roads and Revenues of Warren County, Georgia, approved August 7, 1925 (Georgia Laws 1925, pp. 789-797) be and the same is hereby amended by striking from Section 5 thereof the words and figures Sixteen Hundred ($1600.00) Dollars and inserting in lieu thereof the words and figures Twenty One Hundred ($2100.00) Dollars and by striking the words and figures Two Hundred Fifty ($250.00) Dollars and inserting in lieu thereof the words and figures Four Hundred ($400.00) Dollars and by striking the words and figures Four Hundred ($400.00) Dollars and inserting in lieu thereof the words and figures Six Hundred ($600.00) Dollars, and adding the word annual between the words the and salary, so that said Section 5 when so amended shall read as follows: Act 1925 amended. Section 5. Be it further enacted by the authority aforesaid, that the annual salary of said Commissioner shall be $2100.00, to be paid monthly by warrants on the County Treasurer and signed as other warrants, and he shall also be allowed the sum of $400.00 as expense account for automobile, gasoline, oil, etc., to be paid similarly and he is authorized to pay a clerk out of the county funds a sum not exceeding $600.00 a year, to be paid monthly by warrants on the County Treasurer drawn and signed as other warrants are drawn and signed. Section 5 to read. Commissioner's and Clerk's salary and expense. 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 23, 1945.

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DANIELSVILLE CITY COURT ABOLISHED. No. 129. An Act to repeal an Act entitled An Act to create the City Court of Danielsville, in and for the County of Madison; to define its powers, jurisdiction and procedure; to provide for a Judge, Solicitor, and other officers of said court; to provide for compensation of said officers, and a place for holding said Court; and for other purposes, approved July 27, 1925, to provide for the disposition of the business 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 authority of the same, That the Act to create the City Court of Danielsville, in and for the County of Madison, approved July 27, 1925, be and the same, is hereby repealed, and that the City Court of Danielsville is hereby abolished. Act 1925 repealed. City Court abolished. Section 2. Be it further enacted by the authority aforesaid, That all the business, both civil and criminal, now pending in said City Court, be transferred for trial and final disposition to the Superior Court of said County, and the Judge of the City Court and the clerk thereof are hereby directed to turn over all papers in all the cases, civil and criminal, pending in said City Court to the Clerk of the Superior Court in and for said County. Business, papers, etc., transferred to Superior Court. Section 3. Be it further enacted by the authority aforesaid, That any issues that may hereafter arise on any process heretofore issued from said Court, be returned to the Superior Court of said county for determination. Process returnable to Superior Court. 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 23, 1945.

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PICKENS COMMISSIONER'S SALARY. No. 130. An Act to amend an Act entitled, An Act to create the office of Commissioner of Roads and Revenues of Pickens County; to provide for his election or appointment, and qualification; define his powers and duties; provide for filling vacancies which may occur, fix his salary, and for other purposes; (Ga. Laws 1920, pages 598-602), and all Acts amendatory thereof, by striking the figures $1,800 in Section 6 of said Act, pertaining to the salary of said Commissioner, and substitution in lieu thereof the figures $2,400.00; and to provide that the salary of $2,400.00 shall be in effect for the duration of the war and six months thereafter, when the same shall revert to the figure of $1,800.00; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That an Act of the General Assembly approved August 16, 1920 (Ga. Laws 1920, pages 598-602), creating the office of Commissioner of Roads and Revenues of Pickens County, be, and the same is hereby amended by striking the figures $1,800 in Section 6 of said Act, pertaining to the salary of said Commissioner, and substituting in lieu thereof the figures $2,400.00, and providing that the salary of $2,400.00 shall be in effect for the duration of the war and six months thereafter, when same shall revert to the figure of $1,800.00, so that said Section, as amended, shall read as follows: Act 1920 amended. Section 6. That said Commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of $2,400.00 per annum for his services, to be paid monthly at the end of each month's services, and this provision shall remain in effect for the duration of the war and for six months thereafter, when and at which time the salary shall revert to $1,800.00 per annum. To read as amended. Commissioner's salary.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1945. EMANUEL COMMISSIONERS' CLERK'S SALARY. No. 131. An Act to amend an Act entitled An Act to Create a Board of Commissioners of Roads and Revenues in and for the County of Emanuel, by providing that the salary of the Clerk thereof shall be set by the Board of Commissioners of Roads and Revenues, and payable monthly, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that: Section 1. That Section 2 of the Act of the General Assembly appearing on pages 1326 of the 1937 Georgia Laws providing, The clerk of the Board of Commissioners of Roads and Revenues of Emanuel County shall be elected by the qualified voters of said County at the county election to be held in 1938 for a term of office of two years beginning January 1, 1939. The clerk of the said board shall thereafter be elected for a term of two years. The compensation of the clerk of the board shall be one hundred ($100.00) dollars per month. The clerk of the board of commissioners shall attend to the duties of his office diligently and carry out the orders of the Board of Commissioners of Emanuel County, or a majority thereof, insofar as they are legal and proper Act 1937 amended. be and the same is hereby amended by striking therefrom in the 7th and 8th lines of said Section 2 the words and figures $100.00 per month and substituting therefor the words set by the Board of Commissioners of Roads and Revenues, and payable monthly, so that Section 2 when amended will read as follows:

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The clerk of the Board of Commissioners of Roads and Revenues of Emanuel County shall be elected by the qualified voters of said County at the county election to be held in 1938 for a term of office of two years beginning January 1, 1939. The clerk of the said board shall thereafter be elected for a term of two years. The compensation of the clerk of the board shall be set by the Board of Commissioners of Roads and Revenues, and payable monthly. The clerk of the board of commissioners shall attend to the duties of his office diligently and carry out the orders of the Board of Commissioners of Emanuel County, or a majority thereof, insofar as they are legal and proper. Section 2 to read as amended. Clerk's salary to be fixed by Commissioners. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 23, 1945. AUGUSTAMAYOR ELIGIBLE TO SUCCEED HIMSELF. No. 132. An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta (Georgia Laws, 1798), as amended by an Act approved December 4, 1890 (Georgia Laws, 1890, page 459), so as to strike from Section 1 of the amendment to said charter approved December 4, 1890, (Georgia Laws, 1890, page 459) the word Mayor wherever it may appear, and to strike Section 3 of said amendment approved December 4, 1890 (Georgia Laws, 1890, page 459), so as to repeal said Section; and to provide for the Mayor of the City of Augusta to be eligible to succeed himself; 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 the Charter of the City of Augusta, incorporated as The City Council of Augusta, approved

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January 31, 1798 (Georgia Laws, 1798), as amended by an Act approved December 4, 1890 (Georgia Laws, 1890, page 459), and as amended by the various other amendatory acts thereof, is hereby amended so as to strike from Section 1 of the amendment approved December 4, 1890 (Georgia Laws, 1890, page 459), the word Mayor, whenever it may appear. Acts amended. The word Mayor stricken. Section 2. Be it further enacted by the authority aforesaid that Section 3 of the Act approved December 4, 1890 (Georgia Laws, 1890, page 459) amending said charter is hereby stricken and repealed. Section 3 of Act of 1890 p. 459 repealed. Section 3. Be it further enacted by the authority aforesaid that the Mayor of the City of Augusta shall be eligible to succeed himself in office. Provided, however, he shall not be eligible to succeed himself after the expiration of a second term for a period of one term of three (3) years, unless his first term has been an unexpired term. Mayor eligible to succeed himself Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 23, 1945. AUGUSTA MAYOR'S SALARY. No. 133. 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), as amended by an Act approved September 13, 1883 (Georgia Laws, 1883), said amendment being entitled An Act to authorize the city council of Augusta to fix and regulate the salary of the Mayor of said city, and for other purposes, by striking from Section One of said amendment the words and figures nor exceed the sum of $5,000.00, so as to repeal that part of Section One of said amendment; to repeal all laws in conflict herewith; 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 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 an Act approved September 13, 1883, said amendment being entitled An Act to authorize the City Council of Augusta to fix and regulate the salary of the Mayor of said City, and for other purposes, be, and it is hereby amended by striking from Section One of said amendment approved September 13, 1883 (Georgia Laws, 1883), the following words and figures, nor exceed the sum of $5,000.00; that said words and figures are hereby stricken and that portion of said Charter as amended is hereby repealed. Acts amended. Mayor's salary. 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 23, 1945. MORROWNAME CHANGED. No. 134. An Act to amend an Act approved March 2, 1943, 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; and for other purposes, so as to change the word Marrow to Morrow wherever said name appears in said Act, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That an Act approved March 2, 1943, to create and incorporate the City of Marrow, Georgia, be and the same is hereby amended by striking the letter a in the word Marrow wherever it appears in said

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Act and substituting in lieu thereof the letter o so that the word now spelled Marrow shall be spelled Morrow wherever it appears in said Act. Act 1943 amended. Marrow changed to Morrow. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1945. SEMINOLE REGISTRATION OF VOTERS. No. 135. An Act to provide additional regulations for the registration of voters in Seminole County, Georgia; to provide for new registration books and to require all persons in Seminole County to register on, or before, the 1st day of January, 1946; to provide that members of the military who have registered, or who may hereafter register in Seminole County, under the provisions of an Act of the General Assembly at the Extraordinary Session, 1944, approved January 7, 1944, shall not be required to re-register under the terms and provisions of this Act; to appoint an additional registrar; to prescribe his duties and salary; to require the registrars of said County to make up future voters' lists from new registration books, as herein provided for; to require the Tax Collector, or the Chairman of the Board of Registrars, to publish in the official County paper for a period of thirty days a notice calling attention to all voters the provisions of this Act and the necessity of re-registering; to provide for the payment of all the costs of carrying this Act into effect; 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 after the passage and approval of this Act it shall be the duty of the Tax Collector, or the Chairman of the Board of Registrars, or such officers jointly, to publish in the official organ of Seminole County, Georgia,

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where legal advertisements are run, a notice for the period of thirty days calling to the attention of the people of such County the provisions of this Act, and telling all voters that it will be necessary to re-register on, or before, the 1st day of January, 1946, in order to be qualified registered voters. Notice of passage of this Act. Re-register on or before January 1, 1946. Section 2. Members of the military who have registered in Seminole County under the terms and provisions of the Act of the General Assembly passed at the Extraordinary Session, 1944, said Act approved January 7, 1944, shall not be affected by the terms and provisions of this Act, and shall not be required to re-register, or register in any other manner than in the manner provided by the Act aforesaid. Members of military not affected. Section 3. The County authorities of said County shall purchase and furnish to the Tax Collector a new registration book. Said book shall set forth the affidavit to be 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' lists 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 said County shall be deemed to be a registered voter unless and until such voter has either registered, or re-registered, and taken the oath in said new registration book, and it shall be unlawful for the registrars to put the name of any person on the voters' list who has not registered or re-registered in the new book as herein provided for. Registration necessary to voting. Section 5. That all persons registering in said book shall give their name, date of birth, race, occupation, and in addition all married women shall give their given name and 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

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the Tax Collector of his removal, and he shall at the same time designate his new voting place. Data given when registering. Section 6. Be it further enacted that Julian Webb be, and he is hereby appointed an additional registrar, and he shall serve for a period of two years as such additional registrar, together with the members of the Board of Registrars already appointed by law, and it shall be his duty in addition to his usual duties as registrar to supervise and assist in the new registration of voters and for his services he shall be paid $20.00 per month for such supervision and assistance in the new registration. If, after the expiration of the term of the first appointment, the grand jury of Seminole County determines that such additional registrar is needed, such registrar will be named by the grand jury. Additional registrar. Compensation. Section 7. That all the expenses incurred in the carrying out of the provisions of this Act, including the salary of the additional registrar, shall be borne by Seminole County and the County authorities shall issue vouchers therefor paying same out of the County's funds. Salary and expenses paid by County. Section 8. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 23, 1945. WHITE COMMISSIONERS CHAIRMAN'S AND CLERK'S SALARIES. No. 136. An Act to amend an Act creating a Board of County Commissioners of Roads and Revenues of White County, Georgia prescribing their powers and duties, Georgia Laws 1933, pages 759-765; to amend Section 5; to fix the salary of the clerk at $400.00 per year; to amend Section 7; to fix the salary of the chairman of the Board at $600.00 per year; 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 Section 5 of the Act of the General Assembly, approved March 15, 1933, creating a Board of County Commissioners of Roads and Revenues of White County and providing for their powers and duties, pages 759-765 of the Georgia Laws of 1933, be and the same is hereby amended by striking from said Section the following words: his salary for all overtime that may be required to write up minutes and carry on the necessary correspondence and do all clerical work that may be necessary to be done, and substituting in lieu thereof the following words: a salary of $400.00 per year, so that said Section, as amended, shall read as follows: Act 1933 amended. Be it further enacted, that one of the members of said board shall act as clerk of said board, whose duty it shall be to keep all records that are necessary to be kept, and properly record all proceedings of said board in well bound books to be provided by said board, and carry on all correspondence necessary to be carried on, and that he shall draw a salary of $400.00 per year. To read. Clerk's salary. Section 2. That Section 7 of said Act be and the same is hereby amended by striking therefrom the following words: the same compensation as in attendance at regular meetings, and substituting in lieu thereof the following: as compensation the sum of $600.00 per year, so that said Section 7, as amended, shall read as follows: Be it further enacted, that one of the members of said board shall be designated as chairman, and it shall be his duty to attend all meetings of said board and preside at such meetings and approve the acts of said board, and, if it becomes necessary for him in the discharge of his duty to put in extra time, he shall receive as compensation the sum of $600.00 per year; and it is further provided that said chairman shall have general supervision over county and county matters. Chairman's salary.

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Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved February 23, 1945. AUGUSTA CHARTER AMENDMENTS. No. 137. 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), as amended by an Act approved March 3, 1943 (Georgia Laws, 1943, pages 1239-1256), designated as Augusta Charter Amendments, and as amended by the various other amendatory Acts thereof so as to strike and repeal from Section 11 of the Act approved March 3, 1943 (Georgia Laws, 1943, pages 1239-1256), the last sentence, which reads as follows: That this Section shall not apply to officers of the Police Department or officers of the Fire Department; to provide for permanent rank of captain for drivers of the automobile of the Commissioner of Public Safety of the City of Augusta; to provide for leaves of absence in the Police and Fire Departments in the City of Augusta so that members of said departments may accept other positions with the City Council of Augusta, and to provide for the pension rights of such members that may be granted leaves of absence for such 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: Section 1. 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 an Act approved March 3, 1943 (Georgia Laws, 1943, pages 1239-1256), and as amended by the various other amendatory Acts thereof, is hereby amended as follows: Acts amended.

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Section 2. That Section 2 of the Act approved March 3, 1943 (Georgia Laws, 1943, pages 1239-1256), designated as Augusta Charter Amendments, is hereby amended by striking and repealing from said Section the last sentence, which reads as follows: Part repealed. That this Section shall not apply to officers of the Police Department or officers of the Fire Department, and said sentence is hereby stricken and repealed. Section 3. That said Charter as amended is hereby amended by adding to Section 11 of the Act approved March 3, 1943 (Georgia Laws, 1943, pages 1239-1256), designated as Augusta Charter Amendments, the following language: Act 1943, pp. 1239-1256, Section 11 amended. This Section shall apply in the selection of drivers of the automobile assigned to the Commissioner of Public Safety and those elected shall have the permanent rank of captain in the Fire Department; provided further that the election of any member of the Fire Department to such rank under this Section shall not disqualify him to stand examinations for promotion above the rank of captain. Driver of Commissioner's automobile. Rank of captain. Section 4. Said Charter as amended is further amended by adding the following provision: Should any member of the Police or Fire Departments of the City of Augusta be elected or appointed to another position of the City Council of Augusta, the Civil Service Commission may grant such person a leave of absence from the department that he is a member, [sic] which leave of absence when granted shall continue so long as said member of said department may hold the position to which he was elected and obtained said leave of absence therefor. Provided further that said person shall have deducted from his monthly pay the percentage of his salary, wage or remuneration required by law to be deducted from other members of the Police and Fire Departments and deposited into the pension fund of said department, and said person upon meeting all of the retirement

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provisions of law relating to the members of said department that he holds his leave of absence from may be retired on one-half of his highest monthly salary, wage or remuneration he received during the last seventy-two (72) months immediately preceding his retirement. Provided further that said person on leave of absence from either the Police or Fire Departments of said City, as herein provided for, in order to accept another office or position with said City Council of Augusta, shall during his employment in said office or position be subject to all laws, rules and regulations governing said office or position, including the provisions of the Act of the General Assembly approved December 31, 1937 (Georgia Laws, Extra Session, 1937-1938, pages 938-943), designated as `Augusta Officers and Employees Tenure', as amended, and all ordinances adopted by the City Council of Augusta pursuant to said Act. Leave of absence for transfers. Deductions from salary for pensions. Retirement. Act 1937 applicable. Section 5. Each section of this Act and every part of each section are declared to be independent sections and the holding of any section or part of any section to be void, shall not affect the other sections or parts of such sections, and it is declared that the other sections not so held to be void, or parts of sections not held to be void would have been enacted regardless of any section or part of any section being held void. Invalid parts. Section 6. All laws and parts of laws, Acts and Ordinances in conflict with this Act are hereby repealed. Approved February 23, 1945. PELHAM POLICE LIMITS. No. 138. An Act relating to the City of Pelham, Georgia, to authorize the Mayor and Council of said City to extend the limits of said City for the purpose of the exercise by the authority of said City of Police Power and authority, and for other purposes:

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same that: Section 1. That, for the purpose of the exercise by the authority of said city of police power and authority over offenses, matters or things affecting in any manner or degree the public health, peace, good order, safety, or morals, and over persons offending against the laws or city ordinances relative thereto, the corporate limits proper, as now defined by the charter of said City, are hereby extended for a distance of one-half mile in every direction from said corporate limits proper, and within said extended corporate limits the power and authority to exercise such police power and authority is hereby vested in and conferred upon the Mayor and Council of said city; and all valid ordinances of said city heretofore or hereafter enacted, relative to or covering said offenses, matters, or things, or said offending persons, shall become and be operative and of full force and effect in and through the territory within said extended corporate limits, and said territory shall be known as the city's police limits, and the power and authority is hereby vested in and conferred upon any and all of the police or arresting officers of said city in the enforcement of said ordinances to make arrests, or execute warrants or other process of the city within said territory, and to make arrests therein for the violation of any State law relative to said offenses, matters or things, or offending persons, and all summons, subpoenas, warrants, and writs issued by authority of said city shall be operative and have full force and effect in said territory. Corporate limits extended. Police power. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 23, 1945. STEWART TAX COMMISSIONER'S SALARY. No. 139. An Act to amend an Act entitled An Act to abolish the

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offices of tax-receiver and tax-collector of Stewart County, Georgia; to create the office of county tax-commissioner of Stewart 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 shall become effective, shall be of full force and effect as to the county tax-commissioner of said county so far as the same are applicable; to provide that all taxes due at the time the provisions of this Act become effective and all tax executions thereafter issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions that would be paid to or collected by the tax-receiver and tax-collector, were it not for the provisions of this Act, shall be collected by the county tax-commissioner herein provided for, and paid into the treasury of Stewart 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 this State as contained in article eleven (11), section three (3), paragraph one (1); to authorize the levy and collection of a tax to pay said county tax-commissioner; by amending Section 9 of said Act so as to fix the salary of the Tax Commissioner at $2,000.00 per annum, and by adding a new Section to be known as Section 15, fixing the office hours of the tax-commissioner, prescribing additional and further duties; 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 9 of the Act approved March 24, 1933 (Ga. Laws 1933 p. 660) be and the same is hereby amended by striking the words and figures fifteen hundred ($1500.00) dollars per annum and substituting in lieu thereof the words and figures two thousand ($2,000.00) dollars per annum and by striking the words and figures One hundred twenty-five ($125.00) dollars monthly and substituting in lieu thereof the words and figures one hundred sixty-six dollars and

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sixty-six cents ($166.66) monthly so that said section 9 when so amended shall read as follows: Act 1933 p. 660 amended. Section 9. Be it further enacted by the authority aforesaid, that the compensation of the county tax-commissioner of Stewart County, Georgia for all duties performed by him as receiver and collector of State, county, school-district, and any and all other taxes, shall be the sum of two thousand ($2,000.00) dollars per annum, payable one hundred sixty-six dollars and sixty-six cents ($166.66) monthly from the county treasury of said county. Tax Commissioner's salary increased. Section 2. Be it further enacted by the authority aforesaid that said Act be further amended by adding a new Section to be known as Section 15, to read as follows: Section 15. It shall be the duty of the tax-commissioner of Stewart County to personally attend to the affairs and duties of the office of tax-commissioner, and for this purpose he shall keep his office open from 9:00 o'clock A. M. to 5:00 o'clock P. M. six days per week, legal holidays excluded. The tax-commissioner may employ such help as he may desire, but such help as is employed shall be paid out of the compensation fixed for the tax-commissioner. Should the tax-commissioner neglect his duties and fail and refuse to personally attend to the affairs of the office as herein provided, upon proper showing made to the Judge of the Superior Court of said County and upon proper proof, the Judge of said Court may declare the office of tax-commissioner vacant. New section. Office hours. Additional help. Section 3. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 23, 1945. GRIFFINSPALDING HOSPITAL INVESTMENTS. No. 140. An Act to empower the Griffin-Spalding County Hospital

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authority to invest monies received by it from the sale of revenue certificates, gifts and otherwise in security or securities, which are legal investments for sinking fund purposes; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that: Section 1. From and after the passage of this Act, the Griffin-Spalding County Hospital Authority, be, and is hereby authorized and empowered to invest all monies, or any part thereof received by it through the issuance and sale of Revenue Certificates of the Authority, or from contributions or gifts received by the Authority, which cannot be immediately used for the purpose for which received, in any security or securities which are legal investments for sinking fund purposes, provided however that such investments in such securities will at all times be held for and when sold used for the purposes for which the money was originally received and no other. Investment of funds. Section 2. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved February 23, 1945. EMANUEL COMMISSIONERS' CLERK. No. 141. An Act to amend an Act entitled an Act to Create a Board of Commissioners of Roads and Revenues in and for the county of Emanuel, to prescribe the duties and powers thereof and for other purposes, as same appears on pages 645-652 of the Act of the General Assembly of 1919 and an amendment thereto appearing on pages 1324, 1325, 1326 and 1327 of the 1937 Georgia Laws, by providing that the Board of Commissioners

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may elect their own clerk, fix his compensation and prescribe his duties and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that: Section 1. Effective December 31, 1946, Sections 1, 2, and 3 of the Act of the General Assembly, appearing on pages 1325, 1326 and 1327 of the 1937 Georgia Laws, providing: Section 10 of the Act of the General Assembly appearing on page 649 of the 1919 Georgia Laws providing: `Be it further enacted, That the board of commissioners may elect their own clerk, superintendent of roads and bridges, and attorney, with such compensation as the board may allow, and it shall be the duty of said clerk to attend all meetings of the commissioners, and keep in a well bound book, to be provided at the expense of the county, full and accurate records and minutes of all their transactions, to file in order of their dates, all original orders, vouchers and other papers, and to arrange and keep in order of their filing all petitions and applications and other papers addressed to said commissioners, and to record all orders given or approved by said commissioners for the payment of money by the county treasurer, and all books, files and records by this Act required to be used or kept, shall always be open at the county site for the inspection of any taxpayer of the county on demand', be and the same is hereby amended by striking therefrom the words, `Their own clerk' and the comma appearing thereafter in line two of said section 10, and by substituting in lieu thereof the word `a', and by striking the word `said' in line four of said Section 10, and by substituting in lieu thereof the word `the', so that Section 10 when amended will read as follows: Sections 1, 2, and 3 of Act of 1937 repealed, and Section 10 of Act of 1919 re-enacted, and amended. Be it further enacted, That the board of Commissioners may elect the superintendent of roads and bridges, and attorney, with such compensation as the board may allow, and it shall be the duty of the clerk to attend all meetings of the commissioners, and keep

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in a well-bound book, to be provided at the expense of the county, full and accurate records and minutes of all their transactions, to file in order of their dates, all original orders, vouchers and other papers, and to arrange and keep in order of their filing, all applications and petitions and other papers addressed to said commissioners, and to record all orders given or approved by said commissioners for the payment of money by the county treasurer, and all books, files and records by this Act required to be used or kept, shall always be open at the county site for the inspection of any taxpayer of the county on demand. The Clerk of the Board of Commissioners of Roads and Revenues of Emanuel County shall be elected by the qualified voters of said county at the county election to be held in 1938 for a term of office of two years beginning January 1, 1939. The clerk of the said board shall thereafter be elected for a term of two years. The compensation of the clerk of the board shall be one hundred ($100.00) dollars per month. The clerk of the board of commissioners shall attend to the duties of his office diligently and carry out the orders of the Board of Commissioners of Emanuel County, or a majority thereof, in so far as they are legal and proper. This Act shall take effect only in the event it is approved by a majority of the voters of Emanuel County voting in the election on June 8, 1937. At said election those favoring the approval and adoption of this Act shall vote ballots marked `For election of clerk of county commissioners by the voters of Emanuel County', and those voting against the adoption of this Act and for the rejection thereof shall vote ballots having printed upon them `Against election of clerk of county commissioners by the voters of Emanuel County'. If a majority of those voting in Emanuel County in said election vote `For election of clerk of county commissioners by the voters of Emanuel County', this Act shall be of full force and effect; but if a majority of those voting in Emanuel County vote

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`Against election of clerk of county commissioners by the voters of Emanuel County', this Act shall be void and of no effect. be and the same is hereby repealed and said Section 10 of Georgia Laws 1919, as same appears on page 649, is hereby reenacted and amended to read as follows: Effective date. Section 10. Be it further enacted, that the Board of Commissioners may elect their own clerk, superintendent of roads and bridges, and attorney with such compensation as the board may allow, and it shall be the duty of said clerk to attend all meetings of the commissioners, and keep in a well-bound book, to be provided at the expense of the county, full and accurate records and minutes of all their transactions, to file in order of their dates, all original orders, vouchers and other papers, and to arrange and keep in order of their filing all petitions and applications and other papers addressed to said commissioners, and to record all orders given or approved by said commissioners for the payment of money by the county treasurer, and all books, files and records by this Act required to be used or kept, shall always be open at the county site for the inspection of any taxpayer of the county on demand. Commissioners' Clerk, superintendent of roads and bridges, and attorney. Records open for inspection. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1945. LANIER COMMISSIONERS. REFERENDUM. No. 142. An Act to amend an Act approved March 27, 1937 (Acts 1937, pp. 1358-1362) entitled an Act amending an Act to create a Board of Commissioners of Roads and Revenue for the County of Lanier, Georgia, approved March 7, 1933 (Ga. Laws 1933 pp. 602-611), by repealing and striking from said Act approved March 27, 1937, all of Section 1, and providing that the Board of Commissioners

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of Roads and Revenue of Lanier County, Georgia, shall consist of three members and by reenacting Section 1 of the Act creating a Board of Commissioners of Roads and Revenue for the County of Lanier, Georgia, approved March 7, 1933 (Acts 1933 pp. 602-611); by repealing and striking from said Act approved March 27, 1937 all of Section 2 in its entirety; by repealing and striking from said Act approved March 27, 1937 Section 5 in its entirety and by reenacting Section 19 of the Act approved March 7, 1933 creating a Board of Commissioners of Roads and Revenue for the County of Lanier, Georgia; by providing that this Act shall be submitted to the qualified voters of Lanier County for a vote of their approval or disapproval by providing that if the voters of Lanier County shall approve this Act that the same shall take effect and become of full force on January 1, 1949; and for 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 March 27, 1937 (Acts 1937 pp. 1358-1362) entitled an Act amending an Act to create a Board of Commissioners of Roads and Revenue for the County of Lanier, Georgia, approved March 7, 1933 (Ga. Laws 1933 pp. 603-611), be and the same is hereby amended by repealing and striking from said Act approved March 27, 1937, all of Section 1 in its entirety and that Section 1 of the Act approved March 7, 1933 (Acts 1933 pp. 602-611), entitled an Act to create a Board of Commissioners of Roads and Revenue for the County of Lanier, be and said Section 1 of said Act is hereby reenacted and the Board of Commissioners of Roads and Revenue of Lanier County, Georgia shall consist of three members. Said Section 1 of said Act approved March 7, 1933 (Ga. Laws 1933 pp. 602-611), when so reenacted shall read as follows: 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, a Board of Commissioners of Roads

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and Revenue of Lanier County, Georgia, to consist of three members is hereby created and established, and the County affairs of Lanier County, Georgia shall be administered by said Board of Commissioners of Roads and Revenue. Said commissioners shall be freeholders of said county and of good moral character and shall reside in the road district from which they are elected, and shall be elected by the voters of the whole county, which districts are to be defined later on in this Act. Said commissioners shall be men of good business qualities and experience. Section 1 of Act of 1937 repealed and Section 1 of Act of 1933 reenacted. Board of Commissioners. Section 2. That the Act approved March 27, 1937 entitled an Act amending an Act to create a Board of Commissioners of Roads and Revenue for the County of Lanier approved March 7, 1933 (Ga. Laws 1933 pp. 602-611) be and the same is hereby amended by repealing and striking from said act approved March 27, 1937 all of Section 2 in its entirety. Section 2 of Act of 1937 repealed. Section 3. That the Act approved March 27, 1937, entitled an Act amending an Act to create a Board of Commissioners of Roads and Revenue for the County of Lanier, Georgia, approved March 7, 1933 (Ga. Laws 1933 pp. 602-611), be and the same is hereby amended by repealing and striking from said Act approved March 27, 1937 all of Section 5 in its entirety, and that Section 19 of the Act approved March 7, 1933 (Ga. Laws 1933 pp. 602-611), creating a Board of Commissioners of Roads and Revenue be and the same is hereby reenacted and when so reenacted shall read as follows: Be it further enacted, that in case of the absence of any member of the board at a regular meeting, or called meeting of said board, the two members present shall be entitled to vote on all questions which may be presented to them. Section 5 of Act of 1937 repealed. Section 19 of Act of 1933 reenacted. When one member absent. Section 4. That in the general election to be held in August, 1945, after the approval of this Act by the Governor, this Act shall be submitted to the qualified voters of Lanier County for a vote for the approval or disapproval. The Ordinary of Lanier County, Georgia, shall cause to be placed upon the ballots used in said general

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election the words for reducing the membership of the Board of Commissioners of Roads and Revenue for Lanier County to three members and against reducing the members of the Board of Commissioners of Roads and Revenue for Lanier County to three members. In the event that a majority of those voting in said election shall vote for reducing the membership of said Board to three, then this Bill is to become of full force and effect as of the date herein provided, but should the majority of those voting in said election vote against reducing the Board of Commissioners to three members, then this Act is to become void and of no force or effect. The Ordinary of Lanier County shall consolidate the vote taken on this issue and shall enter the consolidation thereof upon the minutes of his court and shall publicly proclaim the result of such election. The commissioners of Roads and Revenue of Lanier County shall cause a notice of the submission of this Act for approval or disapproval by the voters to be published once a week for four weeks next preceding the date of the election in the official organ of the County of Lanier in which sheriffs sales are advertised, the expense of the same to be paid from the county funds. Referendum. Section 5. That this Act when passed and approved by the Governor and when approved by a majority of the voters of Lanier County as provided for in Section 4 shall become effective and of full force on January 1, 1949 and the Board of Commissioners as of January 1, 1949 shall consist of three members elected in the manner set out in the Act approved March 7, 1933 creating a Board of Commissioners for Lanier County. Effective date. Board as of Jan. 1, 1949. Section 6. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1945.

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RICHMOND EMPLOYEES PENSION FUND. No. 143. An Act to provide a permanent county employee's pension fund for permanent employees of the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, as now or hereafter constituted, and also for permanent employees of elective officers, now and in the future, holding an office in Richmond County, Georgia which elective officer now, and in the future, or who hereafter receives his pay from the treasury of Richmond County, Georgia; also to define employee, permanent employee, total and permanent disability, and other terms; require that three (3) per centum of the salary, wages or remuneration of each employee of said Board, and also of each employee of said elective officers, be deducted from his pay and paid into said fund as part thereof; to require said Board to make payments into said fund as part thereof; to provide authority to the Board of Commissioners of Roads and Revenues of Richmond County, Georgia; to increase or reduce from time to time such deductions from such employee's salary, wage or remuneration, and to increase or reduce from time to time the sum to be paid by said Board in matching said deductions from such employee's salary, wage or remuneration; to empower and authorize, now and in the future, said Board to levy taxes to raise any and all sums required of it to be paid into said fund, from time to time, and to pay it over to the county treasurer of Richmond County, Georgia; to exclude from the provisions of this Act certain officers and employees, in cluding employees and officials of the Department of Public Welfare of Richmond County, Georgia, and employees and officers of the Board of Health of Richmond, County, Georgia, the County Agent and County Home Demonstration Agent; to define the County Attorney as an employee of the County and his coming within the terms of this Act; to require said Board and certain County employees and County Officials, who now or who may hereafter draw any part of their

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pay from the Treasurer of Richmond County, Georgia, including the Treasurer of Richmond County, Georgia, to perform the duties and obligations in connection with said fund and to designate the said County Treasurer as custodian of said fund; to provide for payment to a permanent employee from said fund; a retirement pension when his total services amount to twenty five (25) years; a retirement pension upon his reaching the age of sixty five (65); a retirement pension when after twenty (20) years' service he is separated therefrom; a total permanent disability pension for total and permanent disability incurred while in the discharge of his duties; a temporary disability pension; a refund of fifty (50) per centum of deductions from said salary, wage or remuneration, in the event of voluntary separation from service, or separation from service by discharge; less deductions provided; a refund upon separation from service by death of one hundred (100) per centum of deductions from said salary, wage or remuneration, less deduction provided; and to provide punishment under the criminal law for persons who violate the terms of this Act; and for other purposes. And to repeal all laws and parts of laws in conflict with this Act. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that from and after the passage and the effective date of this Act there is created a County Employees' Pension Fund for permanent employees of the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, as now or hereafter constituted, including the County Attorney who is hereby denominated as a county employee within all provisions of this Act, and also for permanent employees of elective officers holding office in Richmond County, Georgia, now and in the future, which elective officers now or who hereafter receive their pay from the treasury of Richmond County, Georgia, as hereinafter provided, excluding employees of the Richmond County Department of Health and the Department of Public Welfare

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of Richmond County, and excluding the County Agent and County Home Demonstration Agent of Richmond County, from which funds shall be paid retirement pensions, total disability pensions, temporary disability pensions, a refund upon death before retirement, a refund upon separation from the service as hereinafter provided. County Employees' Pension Fund. County employee. Section 2. Definitions. As used in this Act the following terms and phrases shall have the following meaning, to-wit: (a) County and Richmond County shall mean Richmond County, Georgia. Definitions. (b) Board shall mean Board of Commissioners of Roads and Revenues of Richmond County, Georgia. (c) Employees, shall include from effective date of this Act and thereafter all employees, casual employees, temporary employees, permanent employees, officers, appointees or electees of the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, as now constituted and hereafter constituted, and appointees of the Chairman thereof, and of any Committee Chairman thereof, upon the authority of said Board, and from the effective date of this Act and thereafter, all employees, appointees and electees under any County Official of Richmond County, Georgia, as now constituted or hereafter constituted, who is elected by the people and paid from the County Treasury of Richmond, County, Georgia, not excluded by Section 3 of this Act. (d) A permanent employee is an employee, as above defined, who has continuous employment for the requisite probationary period as provided by the terms of this Act. (e) Temporary employee is defined as one who has not been employed for the requisite probationary period provided by this Act so as to become a permanent employee. (f) Casual employee shall mean an employee who

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is employed at definite times and periods of special or temporary work and whose employment is not under the terms of this Act, continuous for the probationary period herein provided for. (g) Continuous employment shall mean employment unbroken by discharge or resignation. Re-election or re-appointment at the end of a term shall be regarded as continuous employment. (h) The term year as used herein, defining the probationary period of any employee, shall mean two hundred and seventy-five (275) working days of twelve (12) consecutive months period of continuous employment, including such period as may have been or may be allowed for annual vacation. (i) The masculine shall include the feminine, and the singular shall include the plural, wherever the context requires it. (j) Effective Date shall mean the first day of the first month following the approval of this Act by the Governor. Effective date. Section 3. To be excluded from the provisions of this Act are the employees, officers, appointees and electees of the Department of Public Welfare of Richmond County, the employees, officers, appointees and electees of the Richmond County Board of Health; officers elected by vote of the electorate, and the County Agent and County Home Demonstration Agent of Richmond County. Officers and employees excluded. Section 4. The probationary period is hereby fixed at one (1) year of continuous employment either before the effective date of this Act or after the effective date of this Act, or total continuous employment for one year, part of which is prior to the effective date of this Act and part of which is after the effective date of this Act. Probationary period. Section 5. There is created a permanent Pension Fund for the benefit of each permanent employee covered by this Act, and said fund shall be known as the Richmond County Employees Pension Fund and shall be kept in a

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separate account ear-marked Richmond County Employees Pension Fund, with a separate, permanent record thereof, which record shall be kept by the Treasurer of said County and no warrant shall be drawn on said fund except as provided by this Act. At any time said fund exceeds the sum of Five Thousand ($5,000) Dollars on deposit in any one bank, said Treasurer shall purchase bonds for the benefit of said fund with all excess above five thousand ($5,000) dollars, provided the bonds are approved by the Georgia laws for purchase by Trustees of Trust estates in Georgia. The Treasurer shall at no time have in any one bank more than five thousand ($5,000) dollars of said pension fund, and all such depositories shall be in Richmond County, Georgia. Said Treasurer's vouchers when counter-signed by the Chairman of said Board shall be the method of withdrawal from said fund; the Acting Treasurer or Acting Chairman of said Board, when properly designated as such in accordance with the law, shall have authority to perform all acts and duties and shall perform all acts and duties conferred by this Act on said Treasurer and on said Chairman of said Board. Pension Fund. Section 6. It shall be the duty of said Board to see that the provisions of this Act are carried out strictly in conformity with this Act. Strict enforcement of Act. Section 7. Said Pension Fund shall be kept separate from any and all other funds whatsoever. Fund to be kept separate. Section 8. All decisions of the Board in regard to said Pension Fund or any withdrawals therefrom shall be entered on a separate pension record, kept by the Treasurer, and shall also be kept on the minutes of said Board, and all entries appearing on the minutes of said Board of Commissioners shall be transcribed by said Treasurer upon his permanent record book as to said pension fund in order to readily determine the status of said fund, and each of the said records shall be a legal record thereof, and it shall be the duty of said Board to see that said records conform one to the other at all times. Pension records. Section 9. The sum of three (3) per centum shall be

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deducted and withheld by the proper County Authority from the salaries, wages or remunerations of each employee as defined in Section 2, sub-section (c) of this Act, as and when paid from time to time, whether by pay check or other form of payment for services rendered. These deductions shall be paid into the County Treasury, and deposited by him in said Pension Fund and the Treasurer of Richmond County, Georgia, and his successors in office, is designated as custodian of such Fund. Each three months after the effective date of this Act, said Board shall pay over to said Treasurer the amount deducted from said salaries, wages or other remunerations, and shall also pay said Treasurer for said fund, a sum equal to the amount deducted from the salaries, wages, or remunerations as above directed, and it is hereby made the duty of said Treasurer to collect and receive the amounts deducted from said salaries, wage or remuneration as the employees' contributions to said fund, and an equal sum from said Board as its contribution to said Pension Fund, and to deposit such amounts in said Fund, and upon his receiving the same it shall become part of said fund and the property of said Fund; provided, however, said Board shall have authority from time to time to increase the contributions by said employees up to five per centum of such salary, wage or remuneration, but upon each such increase on the part of such employees, then and in that event the said Board shall make its contributions correspond to the percentage deductions from such employees' salary, wage or remuneration. Deductions. Custodian of fund. Contributions Section 10. That before said Board shall be authorized to increase said contributions by itself and said employees, said Pension Fund shall have been depleted so that there shall not be in the Fund an amount sufficient to pay the pensions of those on the pension roll for a period of twelve (12) months; provided, however, should in the judgment of said Board, said Pension Fund shall have grown to such an extent as to justify a reduction in the contributions to said Fund down to as low as three

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(3) per centum, then and in that event, said Board shall have authority so to do, said Board shall never reduce its contribution below the percentage of contribution from employees' salary, wage or remunerations. Increase and reduction of contributions. Section 11. Said Board is hereby authorized to levy a tax from time to time to raise a sufficient sum to meet the requirements of this Act for paying into said Fund an amount equal to the amount contributed by said employees to said fund; and in the event such amount contributed by said employees should be increased to five per centum of such salary, wage or remuneration and the five per centum contributed by said Board, shall be insufficient to pay the pensions provided for in this Act, then and in that event said Board shall levy a sufficient tax to meet all payments as required by this Act, and from time to time to continue to do so. Taxes. Section 12. That said fund is hereby declared not to be the property of said Board or said County, and this includes any sum paid in or directed to be paid in by said Board and it shall reserve no property in any sum raised or due by virtue of this Act. Board has no property right in fund. Section 13. The said Treasurer shall keep a full and complete record of receipts for and disbursements from said fund. Such record of the Treasurer, together with any record furnished him by said Board, shall be open to inspection at all regular business hours. The Board shall keep said Treasurer bonded at all times in an amount equal to the total amount of monies in his possession or control, but such bond shall never be in excess of $100,000 dollars, which bond shall also cover any acting Treasurer; provided, nevertheless, the bond given by the Treasurer as such Treasurer of Richmond County shall be construed to the extent of its amount as covering said Pension Fund. The Treasurer shall receive no additional compensation as custodian of said fund or for any other duty conferred on him in this Act, or any services rendered in connection with said fund, except that said Board provide for such compensation out of funds other than said Pension Fund. Records. Treasurer's bond. County treasurer's bond to cover pension fund. Treasurer's compensation.

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Section 14. That every permanent employee in active service and employment at the time of the effective date of this Act, or hereafter, whose total service as a permanent employee shall at any time amount of twenty-five (25) [sic], may retire on his own motion, and this shall include any permanent employee who shall have served twenty-five (25) years prior to the effective date of this Act, and any permanent employee who shall serve his twenty-five (25) years after the effective date of this Act, and also include any permanent employee who serves twenty-five (25) years regardless of whether part of said service is before the effective date of this Act and part of the service is after the effective date of this Act, such permanent employee shall be retired at one half of the highest salary or wage or remuneration he has received as a permanent employee within the period of seventy-two (72) months immediately preceding his retirement, plus two (2) per centum for each year's service beyond twenty-five years, however, at no time shall any pension exceed sixty (60) per centum of the highest salary, or wage or remuneration paid to said permanent employee within the period of seventy-two (72) months immediately preceding his retirement. Eligibility. Retirement pay. Section 15. Any person who becomes an employee after the effective date of this Act, in order to come under any of the benefits of this Act or be entitled to any of the benefits of this Act as a permanent employee, shall not be over thirty-five (35) years of age when employed, and shall furnish to said Board proof of his age and a health certificate to its satisfaction as to his age and to its satisfaction as to his good health at the time of such employment and at the time of his employment shall file the proof of his age and certificate of his health with the Clerk of the Commission of said County, and said certificate shall be from a reputable practicing physician in the said County, designated for that purpose by said Board; provided that the age limitation of thirty-five (35) years shall not apply to any employee holding

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now or hereafter an office or position with said County, which office or position is named as official positions by said Board, within thirty days from the effective date of this Act. Employees employed after effective date of this Act. Section 16. That every permanent employee in active service and employment at the time of the effective date of this Act, or hereafter, whose total service as a permanent employee shall amount to at least twenty (20) years, that is permanently separated from the service involuntarily by action of said Board or by action of the elective official under whom he is employed, will constitute a retirement of such employee if he so elects. Such permanent employee so retired at his election shall be retired at two per centum of his salary, wage or remuneration times the number of years he has served as a permanent employee, such salary, wage or remuneration shall be the highest salary, wage or remuneration he has received as a permanent employee within the period of seventy-two (72) months immediately preceeding his retirement; the years of service shall be twenty or more years before the effective date of this Act, or twenty or more years after the effective date of this Act, or twenty or more years part of which was served prior to the effective date of this Act; provided, however, no permanent employee shall draw any benefits under this section if his involuntary separation from the services of the county is found by the Board to have been caused by the permanent employee's wilful misconduct, or self-inflicted injury,or growing out of his attempt to injure another, or due to intoxication or wilful misconduct, or due to the commission of crime under the laws of this State, or any other State of the United States; shall forfeit his claim to any pension under this section, to be determined by said Board. Retirement of employee involuntarily ceasing employment after 20 years' service. Exceptions. Section 17. Any permanent employee when he is sixty-five (65) years of age, whether he becomes sixty-five (65) years of age prior to the effective date of this Act, or becomes sixty-five (65) years of age on or after the effective date of this Act, may retire at will at two per

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centum of the highest salary, wage or remuneration he has received as a permanent employee within seventy-two (72) months immediately preceding his retirement, times the number of years served, not to exceed sixty (60) per centum of the highest of such salary, wage or remuneration received, provided that said permanent employee has at least ten or more years of service as a permanent employee; and, provided further, that during the first five years from the effective date of this Act the foregoing provisions shall not apply unless such voluntary retirement is approved by a majority of said Board, anything in this Act to the contrary notwithstanding. Retirement of those over 65. Section 18. Any permanent employee who is permanently and totally disabled while in the discharge of his duties, and arising out of and in the course of his employment, whether said disability is caused by injury or disease, shall be placed on the pension list, provided he has, prior to his permanent and total disability, continuously, actively performed the duties of his employment for one year after the effective date of this Act, and shall be paid while so permanently and totally disabled one-half of the highest salary, wage or remuneration that he has received as a permanent employee within the period of seventy-two (72) months immediately preceding his said permanent and total disability. Provided, however, that should such employee receive any Workmen's Compensation while so disabled, such Workmen's Compensation so received, excluding medical, doctor, nursing and hospitalization, shall be subtracted from any pension voucher paid said employee, and he shall receive only the excess of any pension due him after the subtraction of the amount of Workmen's Compensation received by him, less any other indebtedness due the County by said employee, and it shall be the duty of said Board to determine the cause and manner of the claimed permanent and total disability and to declare in its findings whether or not such disability is permanent and total. Totally and permanently disabled shall mean that the permanent employee is not able, on account of disability received in the discharge of his duties, to adequately

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discharge the duties of his job or office, nor ever will be, and no permanent employee shall be declared to be totally and permanently disabled to discharge the duties of his job or office, except upon the recommendation of three (3) reputable physicians, after examination, who shall consider the case and make their findings. One of said physicians shall be selected by said Board, one by the permanent employee, and these two shall select the third. The recommendation of the physicians shall state that they find him totally and permanently disabled from performing the duties of his job or office and/or that they do not find him totally and permanently disabled from performing the duties of his job or office and the majority report of the physicians shall govern. Should the report of the physicians state that they find the employee totally and permanently disabled from performing the duties of his job or office, then said employee shall be declared totally and permanently disabled, and entitled to draw the pension hereinbefore set out, and his right to draw said pension shall date back to the time of injury; provided, however, that no permanent employee shall draw any benefits under this section if his disability is found by the Board to have been caused by the permanent employee's wilfull misconduct, or self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication or due to the commission of crime under the laws of this State or another State of the United States; and provided further it shall be the duty of said Board to make frequent investigations of the disability of such employee, and in the event it determines that he is no longer totally and permanently disabled and is able to actively perform his duties or service that he was employed to perform at the time of his injury that resulted in the claimed total and permanent disability, to order said pensioner to return to work and remove him from the pension list; provided, however, after said employee is declared permanently and totally disabled and he desires to accept other employment with the County or under a county elected official that he is able to perform that is offered him by said Board, as long as he performs such duties he shall

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be paid at least as much as he would receive from his pension but shall not receive a pension, and in such cases the employee may leave such employment any time he sees fit and be immediately returned to the pension list at the sum that he was retired on, and the Board may strike him from the payroll and return him to the pension list at any time it sees fit. Total disability. Section 19. Any permanent employee who after one year from the effective date of this Act that shall become disabled and cannot perform the duties of his employment and who has to his credit twelve (12) years of employment as a permanent employee, whether such twelve years be before the effective date of this act, or be after the effective date of this Act, or part of such years are before the effective date of this, and part after the effective date of this act, and who, after four (4) weeks continuous unbroken disability, makes application in person or by his authorized representative, to said Board, and is found by said Board disabled and cannot perform the duties of his employment, shall be placed on the pension list and receive, while so disabled, excluding said first four weeks, a pension of two per centum of the highest salary or wage, or remuneration he has received as a permanent employee within seventy-two (72) months immediately preceding his disability, times the number of years served, during the continuance of his disability. Provided, it shall be the duty of the Board to make frequent investigations of such cause, and return such employee to active duty or service as soon as he is able to return, at which time his pension, by virtue of this section, will stop. Provided, that should such employee receive any Workmen's Compensation, while so disabled, such workmen's Compensation so received, excluding medical, doctors, nursing and hospitalization, shall be subtracted from any pension voucher paid said

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employee and he shall receive only the excess of any pension due him after the subtraction of the amounts of Workmen's Compensation, as well as any other indebtedness that he may be due the County; provided, further, that no permanent employee shall draw any benefits under this section if his disability is found by the Board to have been caused by the permanent employee's wilfull misconduct or self inflicted injury, or growing out of his attempt to injure another, or due to intoxication, or due to the commission of a crime under the laws of this State, or any other State or the United States. Disability pensions. Section 20. Any permanent employee who voluntarily absolutely separates from the service of said Board or from the service of the elective officer by whom he is employed or who is discharged as provided by the Richmond Officers and Employees Act appearing in Georgia Laws, Extra Session, 1937-1938, pages 875-880 inclusive, as amended or hereafter amended, or who is discharged by the elective officer under whom he is employed, before being retired under any provisions of this Act, shall have returned to him or his estate, within ninety (90) days of the date of application after he is absolutely separated or his discharge becomes final, fifty per centum of the amount of deductions from his salary, wage or remuneration by virtue of this act, without interest, less any disability payments he has received, provided such permanent employee has, after becoming such permanent employee and after the effective date of this Act, continued in continuous employment as provided by this Act for twelve months, and when said fifty per centum is returned to said employee, he shall not have any further claim or right to receive any fund, or payments whatsoever of any kind or character from said fund. Refunds to resigning or discharged employees. Section 21. If a permanent employee is separated from the service of his employment, as defined in this Act, by death, there shall be returned to his or her surviving spouse if one, and if not, then to his or her next of kin upon application therefor, one hundred (100) per centum of the deduction from his or her salary, wage or remuneration,

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less any payments made to him or her by reason of any other provision of this Act, and less any sum that might be due by him or her to Richmond County, which amount so due shall be paid to the County; and when said one hundred per centum, less authorized deductions, if any, is returned, then his or her estate, or his or her personal representative shall receive from said fund, no other sums whatsoever. Refund upon employee's death. Section 22. Any permanent employee who before retirement, voluntarily separates from his employment as provided for in this Act, or is discharged, or his office or position abolished, as provided by the Richmond Officers and Employees Act appearing in Georgia Laws, Extra Session 1937-1938, pages 875-880, inclusive, as amended or hereafter amended, or is discharged by an elective officer of Richmond County under whom he is employed, and is thereafter re-employed as an employee as defined in this Act, paragraph (c) of Section II, upon the presentation to said Board of a certificate from the County Physician of Richmond County, certifying that such permanent employee is in good health and able to perform actively the duties of his employment, his services prior to such separation or discharge shall be counted in his length of continuous permanent employment after being so re-employed, provided he shall pay back into said pension fund, by paying the Treasurer, within twelve months of filing such certificate with said Board, the amount refunded to such permanent employee by reason of such separation or discharge. Re-employed employee. Section 23. None of the retirement provisions of this Act shall be construed to repeal or in any manner interfere with the Acts of the Extra Session of Georgia Laws, 1937-1938, pages 875-880, inclusive, designated Richmond Officers and Employees Act and amendments thereof; or hereafter made, provided, this act shall not be construed to include within said Richmond Officers and Employees Act, any employee not heretofore covered by said Richmond Officers and Employees Act. Richmond Officers and Employees Act not affected.

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Section 24. There shall not be paid to any person whomsoever more than one benefit at a time under this act. Plural benefits inhibited Section 25. All applications for pensions shall be made to the Clerk of the Board on forms prescribed by the Board and printed for use in such cases, and it shall be the duty of the Board to provide said forms at all times and the Clerk of Board shall immediately transmit such application to the County Attorney for his approval as to form and procedure, and upon his approval, same shall be presented to said Board. Applications. Section 26. At the close of each year said Treasurer shall make a written report to the said Board of funds on hand and liabilities of said Pension Fund, both accrued and contingent. Annual reports. Section 27. Each section of this Act and every part of each section are declared to be independent sections and the holding of any section or part of any section to be void shall not affect the other sections or parts of such sections, and it is declared that the other sections not so held to be void, or parts of sections not held to be void would have been enacted regardless of any section or part of any section being held void. Saving clause. Section 28. This Act constitutes a contract, from the effective date of this Act, between said Board and said County and each employee who is or who may hereafter become entitled to benefits under this Act, which includes permanent employees now existing or that hereafter exist. This Act as contract with employee. Section 29. Any person whosoever covered by this Act, or administering the provisions of this Act that violates the provisions of this Act shall be guilty of a misdemeanor and shall be punished, if found guilty, as provided for the punishment of a misdemeanor in this State. Misdemeanor. Section 30. That the first day of the first month after the approval of this Act by the Governor of Georgia shall be effective date of this act, and beginning with said effective date this act is declared to be effective and an existing law of the State of Georgia. Effective date.

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Section 31. All laws and parts of laws, Acts and ordinances in conflict with this act are hereby repealed. Approved February 23, 1945. GRIFFIN CHARTER AMENDMENTS. No. 144. An Act to amend the Charter of the City of Griffin, Georgia, approved July 21, 1921, and acts amendatory thereof, so as to increase the power and authority to levy and collect tax, to increase the tax levy for schools, to remove all limitations as to the salaries of the Judge of the Criminal Court, City Attorney, Tax Collector, Chief of Police, Policemen, Janitor, City Sexton, Engineers and members of the Fire Department; and for 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 Griffin, be, and the same is hereby amended, as follows: Section 1. That Section 24 of the Charter of the City of Griffin entitled Taxation, as amended by the Acts of 1921, and approved July 21, 1921 (Ga. Laws 1921, pages 969-70), be amended, as follows: That the words Two and ten one-hundredths per centum as contained in Paragraph 1 of Section 24, be stricken and in lieu thereof, the words two and sixty one-hundredths per centum be substituted therefor. Tax rate. That Paragraph 3 in Section 24 of the Charter of the City of Griffin, as amended by the Acts of 1921, approved July 21, 1921, and amended by the Acts of 1931, page 794, and approved July 23, 1931, be stricken in its entirety and the following paragraph substituted in lieu thereof: For providing, maintaining, repairing, extending, and operating the public schools of the City of Griffin, Spalding

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County, Georgia fifteen (15) mills so that Section 24, when amended, will read as follows: School tax. Sec. 24. Taxation, The Board of Commissioners shall have power and authority to levy and collect annually a tax of not exceeding two and sixty one-hundredths per centum upon all and every species of property, real or personal or of any kind within the limits of said city, including bonds, notes, debts, choses in action, money employed in banking and otherwise, but no tax shall be levied or collected except to pay existing debts of the city and interest that has, or may accrue on the same, and such debts as may hereafter be created in conformity with the laws of said State, and the current expenses of the city government, and such other expenses of the city government as are herein referred to and allowed, provided the incurring of bonded debts shall be authorized by a vote of two-thirds of the qualified voters of the said city, and that the money arising from licenses, street tax, fines, forfeitures and costs in the criminal court shall be first applied to the payment of the current expenses of the city, and if there should be a deficiency remaining, such deficiency shall be supplied by taxes raised as herein provided, but in no event to exceed thirty-five one-hundredths of one per cent on the value of the property assessed and returned for tax. The tax levied and collected shall be applied as follows, or such proportion thereof as is necessary: Taxation. For current expenses, thirty-five one-hundredths of one per cent on the value of the property assessed and returned for tax. For providing, maintaining, repairing, extending, and operating the public schools of the City of Griffin, Spalding County, Georgia, fifteen (15) mills. For bonded debts and interest, fifty one-hundredths of one per cent on the property returned and assessed for tax. For street improvements, paving and macadamizing,

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ten one-hundredths of one per cent on the value of the property returned and assessed for tax. For aid to poor, maintenance of hospitals and for the health department of said city, ten one-hundredths of one per cent on the value of the property returned and assessed for tax. For the maintenance of a public library in said city, five one-hundredths of one per cent on the value of property returned and assessed for taxes and subject to be taxed. All funds collected shall be kept separate and be used only for the purpose for which they were levied and collected. Section 2. That Section 42 of the Charter of the City of Griffin entitled Judge of Criminal Court, as amended and approved July 21, 1921 (Ga. Laws 1921, pages 977-78), be stricken in its entirety, and the following section substituted in lieu thereof: Sec. 42. Judge of Criminal Court. There shall be elected by the Board of Commissioners a Judge of the Criminal Court of Griffin, who shall preside in all cases tried therein, except where there is vacancy in the office, or the Judge is absent from the city or is sick, or is for any reason disqualified from presiding when the Chairman of the Commissioners, or Chairman pro tem, may preside in said court, who, while so presiding, shall be clothed with all the authority and power of the Judge. Said Commissioners shall fix his compensation or salary. Said Judge shall be elected at the first meeting in January of each year, and to hold office only during the pleasure of the Board of Commissioners. Judge of Criminal Court. Section 3. That Section 43 of the Charter of the City of Griffin entitled City Attorney, as amended and approved July 21, 1921 (Ga. Laws 1921, Page 978), be stricken in its entirety and the following section substituted in lieu thereof: Sec. 43. City Attorney. There shall be elected by

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the Board of Commissioners at the first meeting in January of each year, a City Attorney, who shall hold office only during the pleasure of the Board of Commissioners. Said Commissioners shall fix his compensation or salary. His duties shall be as prescribed by the Board of Commissioners. For services rendered in defending suits in the Superior Court of Spalding County, or the City of Griffin, or for any unusual services, he may be allowed extra compensation by vote of the Commissioners. City Attorney. Section 4. That Section 44 of the Charter of the City of Griffin entitled Tax Collector and Sanitary Inspector, as amended and approved July 21, 1921 (Ga. Laws 1921, pages 978-79), be stricken in its entirety and the following substituted in lieu thereof: Sec. 44. Tax Collector and Sanitary Inspector. There shall be elected annually by the Board of Commissioners a Tax Collector of said City. Said Tax Collector shall perform all such duties with reference to the collection of taxes as may be imposed upon him by the ordinances of said City. He shall have all the powers and authority of a Marshal in and for said City. He shall collect or levy all such fi. fas. for taxes, licenses, or assessments due to the city as may be turned over to him. He shall collect moneys from tax payers or parties or property subject to tax, or assessments, or payable to said city and issue a receipt therefor in the name of the city. He shall conduct sales and make titles to property sold in the same manner and under the same rules and regulations as are now prescribed by law for Tax Collector of Counties, except that he shall advertise property for sale in the official organ of the city. He shall perform such other duties in reference to the collection and settling of taxes, licenses, and assessments, and levying all executions and fi. fas. and conducting sales of property as may be conferred upon him by the ordinances of said city. Said Tax Collector shall be ex-officio Sanitary Inspector of said city and as such shall be clothed with all power and authority of a policeman, and shall perform

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such duties and enjoy such authority as may be conferred upon him by the rules and regulations of the Board of Health of the City of Griffin or by ordinance of the Board of Commissioners. Said Commissioners shall fix his compensation or salary. He shall promptly account for and turn over to the City Manager all moneys belonging to the City collected by him. Tax Collector and Sanitary Inspector. Section 5. That section 45 of the Charter of the City of Griffin entitled Chief of Police. Duties. Salary., as amended and approved July 21, 1921 (Ga. Laws 1921, page 979), be stricken in its entirety and the following section substituted in lieu thereof: Sec. 45. Chief of Police. Duties. Salary. The City Manager shall appoint a Chief of Police who shall be ex-officio Marshal of said City, and who shall have all authority and power of a Marshal. Said Chief of Police shall be required to give oath as prescribed by ordinance and shall receive such salary, as may be fixed by the Commissioners. Said Chief of Police shall be subject to the authority of the Board of Commissioners, and the City Manager, and shall be punished for a failure to do his duty, and for disorderly behavior and misconduct by fine, imprisonment not exceeding twenty days, or both, or expulsion from office. In case of vacancy for any cause in said office, the City Manager may deputize any regular policeman of said city to discharge the duties of said office until the vacancy is filled. The Acting Chief shall receive the same salary as the Chief of Police. Chief of Police. Section 6. That Section 46 of the Charter of the City of Griffin entitled Policeman. Salary, Etc., as amended and approved July 21, 1921 (Ga. Laws 1921, page 979), be stricken in its entirety and the following section substituted in lieu thereof: Section 46. Policeman. Salary, Etc. The City Manager shall employ a sufficient force of regular policemen to enforce the ordinances of said city. The salary of each policeman of said city shall be fixed by the Commissioners. Policemen.

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Section 7. That Section 49 of the Charter of the City of Griffin entitled Janitor, Policemen, Etc., as amended and approved July 21, 1921 (Ga. Laws 1921, page 980), be stricken in its entirety. Section 49 of Act of 1921. repealed. Section 8. That Section 50 of the Charter of the City of Griffin entitled City Sexton, as amended and approved July 21, 1921 (Ga. Laws 1921, page 980), be stricken in its entirety and the following section substituted in lieu thereof: Sec. 50. City Sexton. The City Manager may employ a City Sexton who shall receive a salary fixed by the Commissioners, and who shall charge and collect such a fee as may be fixed by the Board of Commissioners for each and every interment made by him, or other services rendered by him, and pay the same into the city treasury. City Sexton. Section 9. That Section 51 of the Charter of the City of Griffin entitled Engineers of Fire Department, as amended and approved July 21, 1921 (Ga. Laws 1921, pages 980-81), be stricken in its entirety and the following section substituted in lieu thereof: Sec. 51. Fire Department. The City Manager shall employ a chief and members of the fire department, whose salaries shall be fixed by the Commissioners. Fire Department. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 23, 1945. MOULTRIE TERRITORIAL JURISDICTION. No. 145. An Act to amend the Charter of the City of Moultrie; to prescribe the rights, powers, government, and jurisdiction of said city; to fix the corporate limits of said city; and to confer extra-territorial jurisdiction upon said city within certain territory adjacent to its air bases 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 same that, from and after the passage of this Act, Section 2 of the present Charter of the City of Moultrie as set out in Georgia Laws, 1943, pp. 1458 et seq., be and the same is hereby repealed; and there is enacted in lieu thereof a new Section 2 to read as follows: Section 2 of Act 1943 pp. 1458 et seq. repealed. Section 2. Be it further enacted by authority aforesaid that the corporate limits of said City shall be the same as heretofore incorporated, namely: New Section 2. 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 west of the same. Boundary lines. Section 2 (a). Be it further enacted by authority aforesaid that said City of Moultrie shall have all the rights, powers and authority over the hereinafter described property that it now has over all property within its city limits, to wit: Spence Field and radio beacon site used in connection therewith, Moultrie Municipal Airport, Okapilco Lift Station and outfall sewer line. Ochlochnee Lift Station and outfall sewer line, Ochlochnee Sewage Disposal Plant and outfall lines, the undeveloped recreational center immediately south of the U. S. O. Building and Municipal Abattoir property and any other property the City of Moultrie

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may now, or hereafter, devote to public purposes. Said City of Moultrie shall have the same authority over said properties not included in the present city limits as it has over all properties now included in the city limits, with the right to pass necessary ordinances for the government of said properties and for trial of all offenders against said ordinances in the recorder's court of said city. Power and authority. Section 2. Be it further enacted by the authority aforesaid that a new section be added to said City Charter aforesaid to read as follows: New section. Section 85. That the Mayor and Council of said City, in addition to all other powers that they now have under the law, are hereby empowered to pass ordinances fixing an airspace safety zone upon all property situated adjacent to Spence Field and the Municipal Airport and to 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 of said airports a distance of 1,500 feet; except that the said air-space safety zone restriction of 40 to 1 feet glide angle shall extend outward to the end 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. Airspace safety zone. Section 85 (a). That the ordinance hereinabove specified shall not be adopted by said Mayor and Council until notice specifying the time and place of the meeting at which time said ordinance will be considered shall have been published in the official gazette of Colquitt County at least two weeks before date of said meeting. Section 85. (b). In case any building or structure

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is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or ordinance 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 in the appropriate courts of Colquitt County; and in addition thereto said Mayor and Council, or any person or persons who may be injured by violation of this Act, or the ordinance of said City enacted hereunder, may 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. The foregoing powers shall be applicable to growing trees which may interfere with the aforesaid glide angle; and said City of Moultrie shall have the authority to condemn, in the manner now provided by law, any trees whose growth may impede the flight of planes to and from said airports. Penalty for violation of ordinance. Condemnation of trees. Section 3. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1945. TELFAIR. FEEDING PRISONERS. No. 146. An Act to amend an amendment approved March 24, 1939, page 744 to page 747, Georgia laws 1939 amending an Act approved August 27, 1931, page 566 to page 574, which created the Office of Commissioner of Roads and Revenue of Telfair County; to provide the amount of compensation to be paid the sheriff of said county for feeding prisoners; to authorize the Commissioner of Roads and Revenue of said county to pay said compensation, and, for other purposes.

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Section 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, that the words and figures, April 1st, 1939, and the words and figures, Eighty Cents, in Section 2, line five thereof on page 747 of the said amendment approved March 24, 1939, are hereby stricken and that there shall be inserted in lieu of such stricken words and figures, the words and figures, February 15th, 1945, and the words and figures, One Dollar and twenty-five cents ($1.25) so that said Section as amended shall read as follows: Acts amended. Section 2. That the Commissioner of Roads and Revenue of said County of Telfair or other officer having in charge the fiscal affairs of said county, on the first of each month, beginning March 1, 1945, the sum of One Dollar and twenty-five cents ($1.25) per day for each prisoner which shall have been paid by said sheriff. * * Section 2 follows the language of the original bill. Compilor. Per diem for feeding prisoners. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 23, 1945. IRWIN COMMISSIONERS AND CLERK. No. 147. An Act to amend an Act approved February 16, 1933, (Georgia Laws 1933, pages 571-583) and an amending Act thereto approved March 12, 1935 (Georgia Laws 1935, pages 690-696), which Acts created a Board of Commissioners of Roads and Revenues for the County of Irwin, prescribing the manner of election, duties, powers, compensation, terms of office, and for other purposes. By amending sections thereof so as to fix the salary of the commissioners; and by providing for a Clerk of said Board of Commissioners and fixing the salary of the Clerk; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. That Section 6 of said original Act and Section 2 of said amending Act be stricken out in their entirety, and a new section substituted therefor and in lieu thereof, the said section as amended to read as follows: Sections of Acts stricken. Section 6. Be it further enacted by the authority aforesaid, that the salaries to be received by the commissioners, except the Chairman, shall be $300.00 per year, payable monthly. The Chairman of the Board of Commissioners shall receive a salary of $1800.00 per year, payable monthly, and such other necessary expenses as are approved by the Board. At the first regular meeting in each month, the Chairman shall render to the Board of Commissioners a statement of his services for the previous month involving costs and expenses, and upon approval by the Board he shall be paid or reimbursed therefor in the same manner as are the general expenses of the county approved and paid. To read as amended. Salaries. Expenses. Section 2. That a new Section be added to said original Act and the Amending Act and that such new section be inserted between Section 6 and 7 of said original Act as amended, to read as a whole as follows: New section. Section 6A. Be it further enacted by the authority aforesaid, that the Board of Commissioners shall elect a Clerk of the Board of Commissioners, who shall serve as its clerk and shall have such duties as are specified by said Board and shall hold office under the direction of said Board, and shall serve at the pleasure of the Board, and said Board may dismiss such Clerk at any time and employ a successor. The salary of said Clerk shall not exceed the sum of $75.00 per month, which salary shall be paid by warrant issued by the Board as other warrants for county expenses and costs are paid. Such Clerk may or may not be required to give bond, according to the will of the Board and in such sum, if bond is required, as shall be fixed by said Board, the premiums for same to be paid as are other expenses of the county. Clerk. Salary. Bond.

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Section 3. That this Act become effective and operative upon its passage and approval. Effective date. Section 4. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 23, 1945. LAKE PARKSALE OF STREET PROPERTY. No. 148. An Act to amend an Act incorporating the Town of Lake Park, in Lowndes County, Georgia, (Acts 1897, page 250) so as to authorize the governing authorities of said Town to close or dispose of certain property heretofore laid out and designated for street purposes, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the governing authorities of the Town of Lake Park, in Lowndes County, Georgia, be, and they are hereby, authorized to sell and convey, for such consideration as they may approve, certain property heretofore set apart and designated as street property, as follows, to-wit: Authority to sell street property. A strip of land 160 feet in length and 80 feet in width, lying immediately south of and adjacent to lot No. 2, in Block 75, according to a map of the Town of Lake Park made by Z. R. Hutchinson, recorded in the office of the Clerk of the Superior Court of Lowndes County, Georgia, in Deed Record Book W, page 151; said strip of land being bounded as follows: On the north by property of Dr. Frank Bird, on the east by an unnamed street and on the south and west by property of Ocean Pond Hunting Fishing Club. Descriptions. Section 2. Be it further enacted that all laws and parts of law in conflict with this Act be, and the same are hereby, repealed. Approved February 23, 1945.

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OCONEE SHERIFF'S COMPENSATION. REFERENDUM. No. 149. An Act to authorize and direct the County Treasurer of Oconee County to pay the sheriff of said county the sum of fifty dollars ($50.00) a month in addition to the fees and compensation now paid said sheriff; to provide for a referendum submitting this Act to the qualified voters of Oconee 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 commencing January 1, 1945, the sheriff of Oconee County shall receive the sum of fifty dollars ($50.00) per month, to be paid to him by the Treasurer or County Commissioners of said county, in addition to the fees and compensation now paid said sheriff; provided, however, that no such salary shall be paid said sheriff until this Act has been voted upon by the people of Oconee County; should the people of Oconee County ratify this Act, the County Commissioners of Oconee County shall pay said sheriff such sum as shall amount to fifty dollars ($50.00) per month from January 1, 1945, to the time of ratification, and $50.00 per month thereafter as herein provided for. $50.00 per month in addition to fees. Section 2. Be it further enacted that before this Act shall go into effectg and become a law, it shall be submitted to the qualified voters of Oconee County at the next general election 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 sheriff of Oconee County $50.00 per month, or Against paying the sheriff of Oconee County

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$50.00 per month. Said ballots shall be printed by the ordinary of Oconee 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 Oconee County. Upon consolidation, if a majority of the voters in said county shall vote for paying the sheriff of Oconee County $50.00 per month in addition to the fees and compensation now paid said sheriff, then this Act shall become a law effective January 1, 1945, and it shall be the duty of the County Commissioners to pay to the sheriff of Oconee County a sum equal to fifty dollars ($50.00) per month from January 1, 1945, to the date of said ratification, and $50.00 thereafter per month as herein provided. If it should fail to receive a majority of the votes cast in said election, then this Act shall not become effective. Referendum. Section 3. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 23, 1945. TELFAIR COMMISSIONER'S SALARY. No. 150. An Act to amend an Act entitled an Act to create the office of Commissioner of Roads and Revenues in and for the county of Telfair; to define the powers and jurisdiction and to prescribe the duties of such Commissioner, etc., approved August 27, 1931 (Acts 1931, pp. 566-574) as amended by an Act approved March 23, 1935 (Acts 1935, pp. 805-807) as amended by an Act approved February 22, 1943 (Acts 1943, p. 1123) by striking from lines 10 and 11 of Section 6 of said Act the words and figures twenty-five hundred ($2500.00) and inserting in lieu thereof the words and figures thirty-six hundred ($3600.00) so that the salary of the Commissioner shall be $3600.00 per annum; to provide that if the Commissioner should enlist or be inducted into the military, naval or armed services of the United States during the period for

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which he was elected Commissioner, that the office shall not be vacated and that the Judge of the Superior Court of Telfair County shall designate some proper person to perform the duties of the Commissioner and to attend to the affairs of the county of Telfair during the period of time within the period for which the Commissioner was elected that the Commissioner so inducted or enlisting is required to remain in the military, naval or other armed services of the United States; to provide for the salary of the designated acting Commissioner; to provide for the ending of services of such designated acting Commissioner and for the return to duties by elected Commissioner; 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 Act approved August 27, 1931, entitled an Act to create the office of Commissioner of Roads and Revenues in and for the county of Telfair; to define the powers and jurisdiction and prescribe the duties of such Commissioner, etc., approved August 27, 1931 (Acts 1931, pp. 566-574) as amended by an Act approved March 23, 1935 (Acts 1935, pp. 805-807) as amended by an Act approved February 22, 1943 (Acts 1943, p. 1123) be and the same is hereby amended by striking from lines 10 and 11 of Section 6 of said Act the words and figures twenty-five hundred ($2500.00) and inserting in lieu thereof the words and figures thirty-six hundred ($3600.00) so that the salary of the Commissioner of Roads and Revenues of Telfair County shall be $3600.00 per annum and said Section 6 of said Act when so amended shall read as follows: Acts amended. Salary increased. Section 6. Said Commissioner shall be required to give and devote his entire time, or so much thereof as may be necessary, to the business and interest of said County of Telfair in the performance and discharge of his duties, and shall receive as compensation for his time and to cover all expenses incurred by him, for traveling in or out of said county, owning and/or operating an

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automobile in the discharge of his duties, the cost of fuel and upkeep thereof, and any and all other pay, reimbursement, for expenses, emoluments, or perquisites whatsoever, the sum of thirty-six hundred ($3600) dollars per annum, the same to be paid monthly or otherwise as such commissioner may elect. Salary to cover all expenses. Section 2. That the Act approved August 27, 1931, entitled an Act to create the office of Commissioner of Roads and Revenue in and for the county of Telfair; to define the powers and jurisdiction and to prescribe the duties of such Commissioner, etc., approved August 27, 1931 (Acts 1931, pp. 566-574) as amended by an Act approved March 23, 1935 (Acts 1935, pp. 805-807) as amended by an Act approved February 22, 1943 (Acts 1943, p. 1123) be and the same is hereby amended by adding a new Section to be appropriately numbered and to read as follows: Should the Commissioner elected to fill the office created by this Act enlist or be inducted into the military, naval or armed services of the United States Government, during the period of time for which he was so elected, his office shall not be decreed vacant. Should such an event occur, it shall be the duty of the Judge of the Superior Court of Telfair County to designate a properly qualified person, who is to qualify by giving bond in the amount to be fixed by the judge appointing him, to perform the duties of the Commissioner as prescribed by this Act as amended. Said person, so designated, shall perform the duties of the Commissioner and attend to the county affairs for such period of time within the period for which such Commissioner was elected during which the regularly elected Commissioner may be absent from the county or prevented from performing his duties because of his enlistment or induction into the military, naval or other armed services of the United States. Such designated

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acting Commissioner shall receive the sum of $3,600.00 per annum, payable monthly, and the regularly elected Commissioner while so absent shall not receive any salary as Commissioner. Upon the discharge of the regular Commissioner from said military, naval or other armed services and his return, said designated acting Commissioner shall cease to act as Commissioner and the duties of said office shall be assumed by said regularly elected Commissioner for the remainder of the term to which he was elected. New section. Vacancy caused by enlistment. Section 3. All laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 23, 1945. AUGUSTA POLICEMEN'S SALARIES. No. 151. An Act to provide that, while not fixing a ceiling, the minimum salaries or wages that shall be paid officers and men on the Police Department of the City of Augusta, shall not be less than those fixed on February 7th, 1944; 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 minimum wages or salaries of the officers and men of the police department of the city of Augusta, shall be not less than those fixed and in force on February 7, 1944; provided, nevertheless, nothing herein contained shall be construed to prevent the appropriate authority of the city of Augusta to increase said salaries or wages from time to time. Salaries of Policemen. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed. Approved February 23, 1945.

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TYBEE CHARTER AMENDMENTS. No. 152. An Act to amend the charter of the Mayor and councilmen of the town of Tybee, now known as the town of Savannah Beach, Tybee Island, Georgia, and the several acts amendatory thereto, incorporating the mayor and councilmen of the town of Tybee, now known as the town of Savannah Beach, Tybee Island, Georgia, 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 Section Four (4) of a certain Act approved March 24, 1941, and incorporated in the Acts of 1941 on pages 1748-1750 inclusive, and entitled An Act to amend the several Acts incorporating the Mayor and Councilmen of the Town of Tybee, to grant authority to the Mayor and Councilmen to deed a certain portion of the strand to the property owners adjacent thereto, and for other purposes, be and the same is hereby repealed. Section 4 of Act of 1941 pp. 1748-1750 repealed. Section 2. Be it further enacted that the following portion of a certain Act approved March 9, 1943, and incorporated in the Acts of 1943 on pages 1571-1573 inclusive, and entitled An Act to amend the several acts incorporating the Mayor and Councilmen of the Town of Tybee, 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, 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 all amounts so collected shall be applied exclusively to the operation and maintenance of said sanitary sewerage system only after final completion of the same, be and the same is hereby repealed. Act 1943 amended. Tax levy. For maintenance of sewerage system.

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Section 3. Be it further enacted that Section Two (2) of said Act approved March 9, 1943, be amended by striking from the new Section 21 of the Act approved August 19, 1922, the figures two (2) and Two Dollars ($2.00) and substituting in lieu thereof the figures three (3) and Three Dollars ($3.00) and by adding to said Section the right for taxpayers to appeal to the Tax Assessors of Chatham County, Georgia, so that said Section 21 as amended shall read as follows: Act 1943 amended. 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 three (3) 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. However, any taxpayer shall have the right, within thirty (30) days after said assessment has been made on the taxable property, to appeal from the assessment made by the Mayor and Councilmen to the Board of Tax Assessors of Chatham County, Georgia; but said Mayor and Councilmen shall not collect a tax of more than Three Dollars ($3.00) on each one hundred dollars valuation of property. To read. Tax. Appeals. Section 4. Be it further enacted that in the event any taxpayer appeals from any assessment made by the Mayor and Councilmen to the Board of Tax Assessors of Chatham County, Georgia, no Tax Assessor who is himself a property owner in said Town of Savannah Beach or who is a stockholder in any corporation owning property in said municipality shall be qualified to act as a member of said Board of Tax Assessors with regard to said appeal. Tax assessor who is stockholder in corporation owning property ineligible. Section 5. Be it further enacted that said Mayor and Councilmen shall set aside from the total ad valorem tax not exceeding Three Dollars ($3.00) per hundred a sum equal to an assessment of one quarter () of one (1)

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per cent of the assessed value of all real and personal property within the corporate limits of said municipality for the purpose of maintaining a sea wall and groins, and for beach erosion, and said special fund shall be used for no other purpose. Sea wall. Special fund. Section 6. Be it further enacted that said Mayor and Councilmen shall have the right to close off any part of the public domain, which will include public streets and the Strand, for the purpose of creating and maintaining a public playground or recreational park, without the necessity of approval by the qualified voters of said municipality. Closing streets. Section 7. Be it further enacted that this Act shall become operative at midnight April 30, 1945, but shall not affect the assessment of any tax heretofore levied under the provisions of Section Four (4) of said Act approved March 24, 1941, or Section One (1) of said Act approved March 9, 1943, or any pending or which may be instituted to collect the same. Effective date. Section 8. Be it further enacted that upon the effective date of this Act said Mayor and Councilmen shall cause any funds on hand collected under the provisions of said Section One (1) of said Act approved March 9, 1943, to be transferred to the general treasury of said municipality. Funds on hand transferred. Section 9. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1945. AUGUSTA FIREMEN'S AND POLICEMEN'S PENSIONS; COMMISSIONER OF PUBLIC SAFETY. No. 153. 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), as amended by an Act approved August 17, 1925

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(Georgia Laws 1925, pages 867-872, inclusive), designated as Augusta Firemen's Pensions; Act of 1923 amended, as amended by an Act approved March 23, 1933 (Georgia Laws 1933, pages 866-868), designated as Augusta Policemen's Pensions, as amended by an Act approved March 3, 1943 (Georgia Laws 1943, pages 1234-1256), designated as Augusta Charter Amendments, and as amended by the various other amendatory Acts thereof, so as to strike and repeal from Section 4 of the Act approved August 17, 1925 (Georgia Laws 1925, pages 867-872), the following words: or that may be hereafter be employed by the Fire Department of the City of Augusta; to require that three per cent (3%) of the salary, wage or remuneration of each fireman and policeman that is employed by the City of Augusta after the effective date of this Act be deducted from his pay and paid into the Firemen's and Policemen's Pension Funds; to require said City to pay into said Fund as part thereof, a sum equqal to the amount deducted from said firemen's and policemen's salaries, wages and remunerations; to provide authority to The City Council of Augusta to increase or reduce from time to time such withholdings from firemen's and policemen's salaries, wages or remunerations that are employed after the effective date of this Act and to increase or reduce from time to time the sum to be paid by said City Council of Augusta in matching said withholdings from such firemen's and policemen's salaries, wages or remunerations; to specifically exclude from the provisions of Section 3 of this Act firemen and policemen of the City of Augusta regularly employed before the effective date of this Act; to provide for the Commissioner of Public Safety of the City of Augusta to be retired under the provisions of said charter as amended on one-half () of his salary, wage or remuneration and emoluments of his office; to repeal all 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 same:

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Section 1. That the charter of the City of Augusta, incorporated as The City Council of Augusta by the Act approved January 31, 1798 (Georgia Laws 1798), as amended by an Act approved August 17, 1925 (Georgia Laws 1925, pages 867-872, inclusive), designated as Augusta Firemen's Pension Act; Act of 1923 Amended, as amended by an Act approved March 23, 1933 (Georgia Laws 1933, pages 866-868), designated as Augusta Policemen's Pensions, as amended by an Act approved March 3, 1943 (Georgia Laws 1943, pages 1234-1256), designated as Augusta Charter Amendments, and as amended by the various other amendatory acts thereof, be and is hereby amended as hereinafter set out. Acts amended. Section 2. That Section 4 of the Act approved August 17, 1925 (Georgia Laws 1925, pages 867-872), is hereby amended by striking the last sixteen (16) words of said Section that read as follows: or that may be hereafter be employed by the Fire Department of the City of Augusta, which words are hereby stricken and repealed. Part stricken. Section 3. Be it further enacted that the sum of three (3%) per centum shall be deducted by the Comptroller of The City Council of Augusta from the salary, wage or remuneration of each fireman and policeman that is employed as provided by law by The City Council of Augusta after the effective date of this Act. This deduction shall be deposited by said Comptroller in the respective pension funds of the firemen and policemen. Each three months after the effective date of this Act, the City Council of Augusta shall pay over to said Firemen's and Policemen's Pension Funds and which shall become a part thereof and be the property of such fund, a sum equal to the amount deducted by the Comptroller from the salaries, wages or remunerations, and it is hereby made the duty of said Comptroller to collect and receive said equal sum from the City Council of Augusta, and the City Council of Augusta shall pay it over to him as herein directed, and deposit into said pension funds; provided, however, the City Council of Augusta shall have authority from time to time to increase the contributions by said firemen and policemen affected by this Act up to

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five (5%) per centum of such salary, wage or remuneration, but upon each such increase upon the part of such firemen and policemen, then and in that event the City Council of Augusta shall make its contribution correspond to the percentage of deductions from such firemen or policemen's salaries, wages or remunerations; provided, however, that before said City Council of Augusta shall be authorized to increase said contributions by itself and said firemen and policemen, said pension funds shall have been depleted so that there shall not be in the fund an amount sufficient to pay the pensions of those on the pension roll for a period of twelve months; provided, however, should in the judgment of said City Council of Augusta said pension fund shall have grown to such an extent as to reduce the contributions to this fund down to as low as three (3%) per centum, then in that event said City Council of Augusta shall have authority so to do. This section shall not apply to regular firemen and policemen of the City of Augusta regularly employed under the rules of the Civil Service Commission of said City before the effective date of this Act, nor does it add to, subtract from or alter the provisions of law already of force and effect relating to contributions of the present members of the Fire and Police Departments of the City of Augusta to the pension fund already provided for. Deduction from salaries. Pension fund. Equalizing fund. Increased contributions. Under Civil Service. Section 4. Be it further enacted that should the Commissioner of Public Safety of the City of Augusta be retired under the pension provisions of the charter of the City of Augusta as amended, he shall be retired on and pensioned at one-half () of the salary, wage or remuneration and emoluments of his office at the time of his retirement. The City Council of Augusta shall determine the value of the emoluments of his office in addition to his salary, wage or remuneration and he shall receive as his pension one-half () of the amount that is determined by said Council as the emoluments of said office in addition to one-half () of his salary, wage or remuneration. Commissioner of Public Safety. Section 5. Be it further enacted that each section of

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this Act and every part of each section are declared to be independent sections and the holding of any section or part of any section to be void, shall not affect the other sections or parts of such sections, and it is declared that the other sections not so held to be void, or parts of sections not held to be void would have been enacted regardless of any section or part of any section being held void. Invalid parts. Section 6. That this Act shall become effective immediately upon being signed by the Governor of Georgia and beginning with said date this Act is declared to be effective and an existing law of this State. Effective date. Section 7. All laws and parts of laws, Acts and Ordinances in conflict with this Act are hereby repealed. Approved February 23, 1945. COLUMBUS FIRE DEPARTMENT. No. 154. An Act amending the charter of the City of Columbus in the County of Muscogee; providing for the employment of the fire department and other departments of said city in fighting, preventing, handling and policing fires within the County of Muscogee outside of the corporate limits of said city, as said limits now exist or may be hereafter extended; providing that the city may enter into agreements whereby the city receives compensation for such services; 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 City of Columbus in the County of Muscogee shall have full power and authority to employ its fire department and other departments of said city in fighting and preventing fires within the County of Muscogee outside of the corporate limits of said city, as said limits now exist or may be hereafter and from

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time to time extended. The city is authorized to enter into any agreement or agreements with any persons or corporations whereby the city receives such compensation for the services of its fire department and such other departments outside of its corporate limits as, in the discretion of the Commission of the City of Columbus, may be deemed proper and expedient. The portion or portions of the territory in said county outside of the corporate limits of said city to be serviced under the provisions of this Act shall be within the discretion of said Commission. Said Commission is hereby fully authorized to adopt such ordinances or resolutions as it may deem necessary to carry out the purpose of this Act. Fire Department employed outside city limits. Section 2. That in all cases where, pursuant to this Act, the fire department of or other departments of said city are engaged in going to, coming from, fighting, preventing, handling or policing fires, the city, and its officers and employees so engaged, shall be held to be performing governmental duties. Governmental duty. Section 3. That all laws or parts of laws in conflict herewith are hereby repealed. Approved February 23, 1945. RICHMOND SCHOOL TAX. No. 155. An Act to amend an Act approved August 7, 1925 (Acts 1925, page 741 et seq.) entitled: An Act to amend an Act, approved August 2, 1924 (entitled `An Act to regulate public instruction in the County of Richmond', approved August 23, 1872, by striking out the words `one per cent' in the fifth (5th) line of the caption of said Act, approved August 2, 1924, and in the sixth (6th) and ninth (9th) lines of Section 1 of said Act, approved August 2, 1924, and in lines five (5) and eight (8) of Section 16 of the Act approved August 23, 1872, as amended and set out in said act, approved August 2, 1924; and substituting in lieu of the words

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so stricken, the figures and words `12 mills', so as to raise the limit of the amount of tax that may be levied by the County Board of Education from a rate not to exceed one cent to a rate not to exceed 12 mills on the assessed value of the taxable property in the county, and for other purposes); so as to strike in the 12th line of the caption of said Act of 1925, in the printed Act, the figures and word, to-wit: 12 mills, and to insert in lieu thereof the figures and word, to-wit: 15 mills; and so as to strike in the 15th line, in the printed Acts, of the caption of said Act of 1925 the following figures and word, to-wit: 12 mills and to insert in lieu thereof the figures and word, to-wit: 15 mills; so as to empower the fixing of a tax rate of 15 mills in addition to such taxes as may be necessary to pay the principal and interest of the bonded indebtedness of the County Board of Education as provided for in Section 16 of said Act, approved August 7, 1925; to amend said Act of 1925 in the body thereof to conform to said caption as amended; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved August 7, 1925 (Acts 1925, page 741 et seq.) entitled An Act to amend an Act entitled `An Act to regulate public instruction in the County of Richmond', approved August 23, 1872, by striking out the words one per cent in the fifth (5th) line of the caption of said Act, approved August 2, 1924 and in the sixth (6th) and ninth (9th) lines of Section 1 of said Act, approved August 2, 1924, and in lines five (5) and eight (8) of Section 16 of the Act approved August 23, 1872, as amended and set out in said Act, approved August 2, 1924; and substituting in lieu of the words so stricken, the figures and words 12 mills, so as to raise the limit of the amount of tax that may be levied by the County Board of Education from a rate not to exceed one cent to a rate not to exceed 12 mills on the assessed value of the taxable property in the county, and for other purposes is hereby amended so as to strike in the twelfth (12th) line of the caption

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of the said Act of 1925, in the printed Act, the figures and word, to-wit: 12 mills, and to insert in lieu thereof the figures and word, to-wit: 15 mills; and to amend said Act so as to strike in the fifteenth (15th) line of the caption of the said Act of 1925, in the printed Act, the figures and word, to-wit: 12 mills, and to insert in lieu thereof the figures and word, to-wit: 15 mills; so as to empower the fixing of the tax rate of 15 mills in addition to such taxes as may be necessary to pay the principal and interest of the bonded indebtedness of the County Board of Education as provided for in Section 16 of said Act, approved August 7, 1925. Acts amended. School tax increased. Section 2. Be it enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that Section 1 of said Act, approved August 7, 1925, be amended so as to strike therefrom wherever the same appears the figures and word, to-wit: 12 mills, and by inserting in lieu thereof the figures and word, to-wit: 15 mills, so that Section 16 of the Act approved August 23, 1872, as amended by Act approved August 22, 1924, as amended by Act approved August 7, 1925 and as amended by this Act shall read as follows: Section 16. Be it further enacted that at their first meeting in January of each year, or as soon thereafter as practicable, the County Board, by a two-thirds vote of all of its members shall levy such taxes as they may deem necessary for public school purposes, not to exceed a rate of 15 mills on the assessed value of taxable property in the county, as shown by the county digest of the year in which levy is made, provided, however, that this limitation of 15 mills shall not apply to the levying of such taxes as may be necessary to pay the principal and interest of any bonded indebtedness of the County Board of Education, incurred or which may hereafter be incurred by authority of an election held for the purpose of incurring such debt, and in conformity with an enabling Act or Acts of the General Assembly. It shall be the duty of the County Commissioner to make out an assessment and return of such tax against all the legal tax payers in the county, and furnish a copy of said assessment and

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return to the county tax collector, whose duty it shall be to collect the said tax and deposit it to the credit of the county board in such bank in the City of Augusta, as may be designated by the State Commissioner for the deposit of the County school fund. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that all laws or parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Approved February 23, 1945. DODGE PROBATION OFFICER. No. 156. An Act to provide for the appointment of a probation officer for Dodge County; to fix his compensation; to provide for the manner of his appointment; to fix the source of his compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that from and after the passage of this Act, and within sixty (60) days thereafter, the Judge of the Oconee Judicial Circuit is hereby authorized and directed to appoint a Probation Officer for Dodge County. Probation officer appointed. Section 2. That said probation officer shall be one of the law enforcement officers (Deputy Sheriffs) serving under the Sheriff of said county, or even the Sheriff himself. However, if a deputy sheriff, he shall serve at the pleasure of, and under the jurisdiction and supervision of said Sheriff, but in no event shall said probation officer's term exceed that of the Sheriff. Should a deputy sheriff acting as probation officer under the terms of this act be dismissed by the Sheriff the said Judge of the Oconee Judicial Circuit shall appoint another as provided in Section 1 of this Act. Law enforcement officer. Section 3. That said Probation Officer, whoever he may be, shall be paid a monthly salary of $150.00 (One

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Hundred and Fifty Dollars), the same to be paid by the County Commissioner of said County of Dodge from county funds, or such other officer as may have in charge the fiscal affairs of said county. The first monthly salary to such probation officer to be due and payable thirty days following his appointment. Salary. Section 4. The County Commissioner of said County, or such other officer thereof as may have in charge the fiscal affairs of said county is hereby expressly authorized and directed to pay said salary according to the terms of this Act. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 23, 1945. HOMERVILLE CHARTER AMENDMENTS. No. 157. An Act to amend an Act approved March 4, 1937 (Ga. L. 1937, p. 1921) entitled An Act to incorporate the municipality heretofore known as the `Town of Homerville' and the `City of Homerville,' in Clinch County, Georgia, under the name of the `City of Homerville,' in the County of Clinch and State of Georgia, approved August 22, 1907, and the several Acts amendatory thereof, and to provide a new charter for said municipality; etc., by striking Section 5 thereof relating to the election of the mayor and his term of office and enacting in lieu thereof a new section thereof providing for the election of mayor and his term of office; by striking Section 6 of said Act relating to the election of aldermen and their terms of office and substituting a new section in lieu thereof so as to provide for the election and terms of office of aldermen; by striking Section 8 relating to elections and vacancies in office and enacting in lieu thereof a new section providing for elections and the filling of vacancies in office; to repeal Section 26 relating to charges and

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assessments against cattle and hogs; to repeal Section 33 relating to a sinking fund for the purpose of paying off the principal and interest on bonds issued by the city, the creation of the Sinking-fund Commissioners of the City of Homerville, the number of persons who shall compose the commission, their election, qualifications, terms of office, etc.; to repeal Section 37 relating to the fiscal year, budget system, auditing of books, etc.; to repeal Section 49 of said Act relating to how purchases of supplies, etc., shall be made; to amend Section 56 providing for the employment of a clerk by the city council by striking the figures and numerals one hundred ($100.00) dollars and substituting in lieu thereof the figures and numerals one hundred twenty five ($125.00) dollars; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That the Act approved March 4, 1937 (Ga. L. 1937, p. 1921) entitled An Act to incorporate the municipality heretofore known as the `Town of Homerville' and the City of Homerville, etc., be and the same is hereby amended by striking Section 5 of said Act relating to the election of mayor and his term of office and substituting in lieu thereof a new section so that Section 5 shall read as follows: Section 5 of Act of 1937 stricken. Section 5. Be it further enacted by the aforesaid authority that the Mayor of said city shall be elected as herein prescribed and shall hold office for a term of two years beginning with the term commencing January 1, 1949. New section 5. Mayor's term. Section 2. That said Act be further amended by striking Section 6 thereof, relating to election of aldermen and their terms of office, and substituting in lieu thereof a new section so that Section 6 of said Act shall read as follows: Section 6 stricken. Section 6. That from and after January 1, 1949 the terms of office of the aldermen of said city shall be as follows: For the new term beginning on January 1,

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1949 two aldermen shall be elected as herein provided for a term of two years and two aldermen for a term of four years from that date. The two receiving the highest number of votes in the election preceding said term shall serve for the four years terms and the two next highest shall serve for the two year terms; thereafter, the terms of their successors shall be four years each. New section 6. Aldermen. Terms. Section 3. That said Act be further amended by striking Section 8 thereof, relating to elections and vacancies in office, and substituting in lieu thereof a new Section 8 so that said section shall read as follows: Section 8 stricken. Section 8. Be it further enacted by the authority aforesaid, that if at any time scheduled for a regular election in said city the same should not, for any reason, be held said election may thereafter be held at any time by order of a majority of the City Council of Homerville, or if said Council should fail to call such election then the same may be held by a petition signed by as many as twenty-five registered voters of said town being filed with the Ordinary asking for the same to be held and, thereupon, said Ordinary shall proceed to advertise such election and hold the same or cause the same to be held in the same manner as provided by Section 7 and other sections of this Act. All such elections whether called by the Ordinary or by the Council shall first be given public notice by publishing a notice for ten days in the official organ of said city and by posting a copy of the notice at the city hall or usual place of holding council meetings. All vacancies on the Council or in the office of Mayor shall be filled at a special election called by the Mayor or Mayor pro tem or by order of the Council, or in case they fail to act then by order of the Ordinary in the manner above provided. All such elections to fill vacancies shall be under the same rules and conditions as govern the regular elections for mayor and council. New section 8. Called elections. Vacancies. Section 4. That Section 26 of said Act, relating to charges and assessment against cattle and hogs, be and the same is hereby repealed. Section 26 repealed.

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Section 5. That Section 33 of said Act, relating to a sinking-fund for the purpose of paying off the principal and interest on bonds issued by the city, the creation of the Sinking-fund Commissioners of the City of Homerville, the number of persons who shall compose the commission, their election, etc., be and the same is hereby repealed. Section 33 repealed. Section 6. That Section 37 of said Act, relating to the fiscal year, budget system, auditing of books, etc., be and the same is hereby repealed. Section 37 repealed. Section 7. That Section 49 of said Act, relating to how supplies, etc., shall be purchased, be and the same is hereby repealed. Section 49 repealed. Section 8. That Section 56 of said Act be and the same is hereby amended by striking the figures and numerals one hundred ($100.00) dollars and substituting in lieu thereof the figures and numeral one hundred twenty five ($125.00) dollars so that said section when so amended shall read as follows: Section 56 amended. Section 56. Be it further enacted, That the city council of Homerville shall have full power and authority to employ a clerk whose compensation shall not exceed one hundred twenty five ($125.00) dollars per month. They shall have power to exact from him a bond in any amount they see fit, and said clerk shall serve at their pleasure. Clerk. Compensation. Section 9. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 23, 1945. PUBLIC LIBRARIES IN CERTAIN COUNTIES. No. 159. An Act to authorize the Ordinary, Board of Commissioners of Roads and Revenue, or other taxing authorities of counties in the State of Georgia having a population of not less than 31,000, and not more than 31,050,

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according to the 1940 Federal Census, to levy an annual tax of not more than one mill, or one dollar on the one thousand dollars of taxable values, to establish, maintain and support public libraries under the provisions of Section 32-2706 of the Code of Georgia Annotated, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that, from and after the passage of this Act, the Ordinary, Board of Commissioners of Roads and Revenue, or other taxing authorities of any county in the State of Georgia having a population of not less than 31,000, nor more than 31,050, according to the 1940 Federal Census, is hereby authorized to levy an annual tax of not more than one mill, or one dollar on the one thousand dollars of taxable values within said county, in addition to any other taxes levied for educational purposes, for the purpose of establishing, maintaining and supporting a public library or libraries in said county in accordance with Section 32-2706 of the Code of Georgia Annotated. Tax for public libraries in counties of 31,000 to 31,050 population. Section 2. Be it further enacted that all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 26, 1945. CRAWFORDVILLE OFFICERS AND SALARIES. No. 161. An Act to amend the Act to revise and consolidate the several Acts of the General Assembly of Georgia as to granting corporate authority to the town (now city) of Crawfordville (Acts 1894, pp. 147 et seq.) and Acts amendatory thereof, particularly Georgia Laws 1914, p. 697, providing compensation for mayor and council, marshal and nightwatchman, so as to authorize and empower said mayor and council to employ a waterworks superintendent, who shall be neither mayor nor a member of council, except by a majority vote of

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council; to provide that the mayor and council may employ one who is neither mayor nor member of council to perform the duties of treasurer of said city; to provide for bond; to fix the compensation of said mayor and council, marshal and nightwatchman and said waterworks superintendent and acting treasurer; 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 that from and after the passage of this Act the mayor and council of the City of Crawfordville shall be authorized and empowered to employ a waterworks superintendent for said city, to serve at their pleasure, not a member of said council, except a member of council may be employed by a majority vote of said council other than the member seeking said position, whose duties shall be prescribed by said council and whose salary shall not exceed $50.00 per month. Waterworks superintendent. Section 2. Be it further enacted by the authority aforesaid that said mayor and council shall also be authorized and empowered to employ one not a member of said mayor and council to serve at its pleasure, to perform the duties normally required of the treasurer of said city, if a majority of said council should so desire, who shall account to said mayor and council. Said council shall prescribe the duties of the one so employed, and he shall, before entering upon such duties, give a good and solvent bond, payable to said mayor and council in the sum of $1000.00 for the faithful performance of such duties. The compensation of the person so employed shall not exceed $40.00 per month. Treasurer. Section 3. Be it further enacted by the authority aforesaid that the salary of the marshal and nightwatchman of said city shall not exceed $75.00 per month each, in addition to the costs now allowed by said mayor and council. The term of office of the marshal and nightwatchman shall be at the pleasure of said mayor and council. Such marshal and nightwatchman, each, shall before entering upon their duties prescribed by said

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mayor and council, give a good and solvent bond payable to said mayor and council in the sum of $500.00 for the faithful performance of duty. Marshal and nightwatchman. Section 4. Be it further enacted by the authority aforesaid that the salary of the mayor of said city shall not exceed $100.00 per annum; that the salary of the clerk of said council shall not exceed $25.00 per annum; that the clerk shall be a member of the city council; that each of the members of the city council other than the clerk shall receive a salary not to exceed $18.00 per annum, unless a member of said council is elected treasurer by the mayor and council to perform the duties of treasurer in lieu of the person authorized in Section 2 hereof, in which event the duties of such member of the council, salary and other requirements shall be as set out in Section 2 hereof. Salaries. Clerk. Treasurer. Section 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 26, 1945. DODGE FORMER SHERIFF'S TURNKEY FEES. No. 162. An Act to authorize and direct the county authorities of the County of Dodge to pay J. C. Lewis, former sheriff, the sum of $1,775.80, from the county treasury, to compensate him for loss of turnkey fees. Be it enacted by the General Assembly of Georgia: Section 1. That the County authorities of the county of Dodge are hereby authorized and directed to pay to J. C. Lewis, former sheriff, the sum of $1,775.80, from the county treasury, to compensate him for loss of turnkey fees. Former sheriff's turnkey fees. Section 2. Be it further enacted that all laws or parts of laws in conflict with this act are hereby repealed. Approved February 26, 1945.

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EASTMAN PUBLIC UTILITY FRANCHISE. REFERENDUM. No. 163. An Act to amend an Act approved August 15, 1922, which amended an Act creating a new charter for the City of Eastman by adding a new section to said charter of the City of Eastman so as to provide that no franchise relating to any public utility shall be granted, renewed or extended until the same has been approved by the voters of the City of Eastman, to provide for 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 as follows to-wit: Section 1. That the Act approved August 15, 1922, which amended an Act creating a new charter for the City of Eastman is hereby amended by adding a new section and which is to read as follows: The City Council shall not grant, renew or extend any public utility franchise for and on behalf of the City of Eastman until the same has been approved by a majority of the voters of the City of Eastman, voting at an election as now provided by law. Said election shall be called by the City Manager after resolution voted by the Council authorizing the City Manager to call such election and providing for said election to be held. Said election shall be held at any time after thirty days notice of the call for election and said notice shall be published once a week for four weeks immediately preceding said election in the official organ of said City, and shall plainly specify the time and place of said election and the offer for the grant, renewal or extension of any public utility franchise. Election to extend public utility franchise. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 26, 1945.

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ALMA PARK AND TREE COMMISSION. REFERENDUM. No. 164. An Act to amend an Act approved August 21, 1906 (Acts 1906, pp. 496-507), 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 create a Park and Tree Commission for the City of Alma; to provide for the appointment of the members of such Commission, their term of office and the filling of vacancies; to provide for the oath of office of such members; to authorize the Mayor and Councilmen to set their compensation; to define the jurisdiction of the Commission; to authorize the Commission to employ necessary help; to require the Commission to make a budget, and to authorize the City Council to levy a tax to finance the work of the Commission; to provide for the records to be kept by the Commission; to provide for a referendum; 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 21, 1906 (Acts 1906, pp. 496-507), 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 are hereby amended by creating for the City of Alma a Park and Tree Commission, with powers, duties and responsibilities as hereinafter enumerated. Park and Tree Commission created. Section 2. A Park and Tree Commission is hereby created and established in and for the City of Alma, the Commission to be composed of three members. Two of the members shall be appointed by the Mayor from among the City Councilmen, such members to hold their office during their respective time of office as Councilmen. On the expiration of the term of office of any member of the Commission as Councilman, his term of office as a member of the Park and Tree Commission shall

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automatically expire, and the Mayor shall be authorized to make an appointment to fill such vacancy from among the Councilmen then serving. The third member of the Commission shall be selected by the Mayor and Councilmen from among the residents of the City of Alma, to serve a term of one year. Should a vacancy occur in said Commission at any time, by reason of death, resignation, removal from the City, or from other cause, the vacancy shall be filled for the unexpired term in the same manner as the original appointment was made. Same. Members. Terms of office. Vacancies. Section 3. Each person appointed as a member of the Park and Tree Commission shall, before taking office as such Commissioner, subscribe the following oath of office in a book to be kept for the purpose, before some officer authorized to administer the same, to-wit: I swear that I will faithfully and impartially discharge all the duties devolving upon me as a member of the Park and Tree Commission of the City of Alma, during my continuance in office; and I will neither be concerned nor interested pecuniarily, directly or indirectly, in any contract for work done or material furnished for or on behalf of any work or improvement or preservation of the parks, squares, grass plats, trees, flowers or cemeteries of said City, while a member of said Commission. Oath. Section 4. The Mayor and Councilmen of the City of Alma are hereby authorized to set a reasonable compensation for the members of the Park and Tree Commission, but the compensation paid shall not exceed the sum of $50.00 per year. Compensation. Section 5. Said Park and Tree Commission shall have exclusive management and control of all matters and things relating to the care, preservation, improvement, adornment, good order and regulation generally of the parks, squares, grass plats, trees, flowers and shrubs of said City and of the cemeteries in or controlled by said City, as well as the planting, arrangement, pruning, trimming, and care of trees, shrubs, flowers and grass in the parks, squares, and cemeteries aforesaid, and also in and along the streets of said City; it shall determine what

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trees may be removed from said parks, squares, streets and cemeteries aforesaid, and what trees may be planted therein, and when such removal or planting shall take place, and it shall superintend and take charge of such planting and removal. It shall have authority to purchase sites, equipment, tree plants, shrubbery and other necessary items. It shall have authority to receive and use gifts of monies, lands, equipment or other items, to confirm and dedicate memorials and the like in the official name of the City Government. It shall have authority to make rules and regulations concerning the planting of trees and shrubbery and the placing of sign-boards and other objects along the streets and sidewalks of said City, or other regulations with reference to the projects within its control which the Commission may deem proper. Such rules and regulations shall be submitted to the Mayor and Councilmen of the City, and when approved by them shall become binding and effective, and after being so approved, provision shall be made by the City Council for any penalties necessary for the due observance of said rules and regulations. Commissioners' authority. Section 6. The members of the Park and Tree Commission shall hold such meetings as they may deem necessary, and shall keep a record of their proceedings. They shall choose one of their number as Chairman, but such Chairman may vote in any proceedings. The agreement of a majority of the members of the Commission only shall be necessary to authorize any action by the Commission. The Commission shall have the power to employ such help as may be necessary to assist them in discharging the duties placed on them by this Act, such employment to be at the will of the Commission, and shall set such reasonable amounts as compensation for the services of the persons employed by them as they may deem proper, but such compensation shall not exceed the sum of $100.00 per month for any one person. Meetings Chairman. Majority may act. Employees. Section 7. Said Commission at the beginning of each fiscal year shall make up a detailed budget of the expenditures necessary to be made by it in accomplishing the purposes of the Commission as set forth in this Act,

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and of the amount of money needed by it for such purposes, and it shall then be the duty of the Mayor and Councilmen of the City to make the necessary appropriation for the year to meet such expenditures, or as much thereof as the condition of the City Treasury and the demands of the City will allow; and the City Council shall have authority to levy a tax to cover the amount of appropriation which the needs of the Commission will require. The funds for the use of said Commission shall be held in a separate fund by the City Treasurer, and shall be disbursed upon approval of the Commission, over the joint signatures of the Chairman of the Commission and the City Treasurer. Budget. Appropriation Tax. Disbursements. Section 8. Said Commission shall keep accurate accounts of their expenditures, and shall make regular reports to the City Council. The Commission shall submit, on or before the 1st day of January of each year, to the City Council, its reports for the preceding year, showing all its actings and doings, its receipts and expenditures of money, with such recommendations as it may see fit to make relating to this department. The Mayor of the City shall have the right to make such recommendations in writing to said Commission from time to time as he may deem proper, as well as the right of free access at all times to the records, proceedings, books and papers of said Commission, and the other members of the City Council, not members of the Commission, shall have a similar right of access to and inspection of the proceedings, books and papers of said Commission. Reports. Recommendations by mayor. Records subject to inspection. Section 9. This Act shall not become effective until the same shall have been approved by a majority of the qualified voters of the City of Alma voting in a special election to be held on a day appointed by the Mayor and Council of the City of Alma. The election shall be held on a day within nine months from the approval of this Act, and two weeks' publication and notice of the date of the election shall be given by publication once each week in a newspaper published in said City, or if no newspaper is published in said City, then in the official organ of Bacon County, Georgia, in which Sheriff's sales

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are published, and by posting a notice of such election in some prominent place in the City. Such publication and notice shall briefly state the purpose of the election, the time, place and hours of holding the same. The rules and laws now governing municipal elections shall govern. The ballots in said election shall read, For the creation of a Park and Tree Commission for the City of Alma, and Against the cration of a Park and Tree Commission for the City of Alma. The Mayor and Council shall declar the rsults of such election, which shall be entered upon the minutes, so as to show the number of votes cast for and against the creation of said Park and Tree Commission. In the event that a majority of the qualified voters voting at such election shall vote in favor of the cration of a Park and Tree Commission, then this Act shall become effective immediately upon the declaration of the results of such election by the Mayor and Council, but in the event the majority of the votes cast are against the creation of such Park and Tree Commission, then this Act shall become void and of no effect. Referendum. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1945. CALHOUN SCHOOL TAX. No. 165. An Act to amend the charter of the City of Calhoun, in the County of Gordon, State of Georgia, approved August 20th, 1918, repealing section 100 of said charter, and all Acts amending said section, and enacting in lieu of said section 100 a new section to read that the mayor and aldermen of the City of Calhoun are authorized to levy a tax annually, not to exceed 1.5 per cent. on the real and personal property in the City of Calhoun for the purpose of establishing and maintaining a system of public schools in said city. Section 1. Be it enacted by the General Assembly of

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the State of Georgia, and it is hereby enacted by authority of the same, that section 100 of the Charter of the City of Calhoun as contained in an Act of the General Assembly of Georgia approved August 20th, 1918, and all amendments of said section, be and the same are hereby repealed. Section 100 of 1918 charter, as amended, repealed. Section 2. Be it further enacted, that a section designated as 100 be substituted in lieu of said repealed section to read as follows: That the mayor and aldermen of the City of Calhoun are hereby authorized to levy a tax annually, not to exceed 1.5 per centum on the real and personal property in the City of Calhoun for the purpose of establishing and maintaining a system of public schools in said city; provided, that the money so raised shall be used for school purposes as hereinafter set forth. School tax. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 26, 1945. TALIAFERRO COMMISSIONERS' SALARIES AND VACANCIES. No. 166. An Act to amend the Act of 1939 (Acts 1939, page 734) entitled An Act to amend the Act of 1922 (Acts 1922, pages 416-418), approved August 17, 1922, so as to change the term of office of the Board of County Commissioners of Taliaferro County, from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and duties, and for other purposes by striking sections 3 and 4 of said Act in their entirety, and substituting in lieu thereof two new sections, numbered respectively 3 and 4, as follows:Section 3. That in case of a vacancy on said Board

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from any cause, the remaining members of said Board shall elect one to fill such vacancy, either for the unexpired term, or until the next general election, as the case may be, should there be a general election before the end of such unexpired term.Section 4. That the salary of the Chairman of said Board shall be one hundred and twenty-five ($125.00) dollars per month, and that the compensation of the other two members of said Board shall be five ($5.00) dollars a day for each day they shall, in the discharge of their duties, attend a meeting of said Board. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of 1939 (Acts 1939, page 734), entitled An Act to amend the Act of 1922 (Acts 1922, pages 416-418), approved August 17, 1922, so as to change the term of office of the Board of County Commissioners of Taliaferro County from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and duties, and for other purposes be, and the same is hereby amended by striking Sections 3 and 4 of said Act in their entirety and substituting in lieu thereof the following: Section 3. That in case of a vacancy on said Board from any cause, the remaining members of said Board shall elect one to fill such vacancy, either for the unexpired term, or until the next general election, as the case may be, should there be a general election before the end of such unexpired term. Vacancy. Section 4. That the salary of the Chairman of said Board shall be one hundred and twenty-five ($125.00) dollars per month, and that the compensation of the other two members of said Board shall be five ($5.00) dollars per diem for each day they shall, in the discharge of their duties, attend a meeting of such Board. Compensation. Section 2. That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved February 26, 1945.

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CITY COURT OF LAGRANGE, CLERK'S FEES. No. 167. An Act to amend an Act entitled An Act to establish the City Court of LaGrange, in Troup County, approved December 19, 1899, and all other amendatory Acts, so as to provide that the Clerk of the City Court of LaGrange shall receive the same fees and costs as are paid to the Clerk of the Superior Court of Troup County, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 3 of an Act approved November 30, 1900, amending Section 7 of the original Act creating the City Court of LaGrange, be and the same is hereby repealed, and the following section is enacted and inserted in lieu thereof, to-wit: Section 3 of Act of 1900 repealed That the Clerk of the Superior Court of Troup County shall be ex officio Clerk of the City Court of LaGrange. The duties of said Clerk of the City Court of LaGrange shall be the same in all respects as the duties of the Clerk of the Superior Court, so far as may be applicable. The fees and costs of the Clerk of the City Court of LaGrange shall be the same as are now or may be hereafter allowed the Clerk of the Superior Court. Provided further, that said Clerk shall not be required to give any additional bond for the discharge of his duties as Clerk of said City Court, but the bond required of him as Clerk of the Superior Court shall be conditional for the faithful performance of his duties as ex officio Clerk of the City Court of LaGrange, in addition to his duties as Clerk of the Superior Court of Troup County. Clerk of City Court of LaGrange. Section 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with the provision of this Act be and the same are hereby repealed. Approved February 26, 1945.

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ELBERT SUPERIOR COURT, DEPUTY CLERK. No. 168. An Act to provide for payment of salary of Deputy Clerk of Elbert Superior Court in an amount not to exceed Seventy-Five ($75.00) Dollars, monthly; providing method of payment and source from whence payment shall be made. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that the Clerk of the Superior Court of Elbert County, Georgia, shall have authority to employ one deputy clerk whose salary, not to exceed Seventy-Five ($75.00) Dollars monthly, shall be paid by the County Treasurer of Elbert County, Georgia, out of funds now levied and hereafter levied for court expenses, same to be paid monthly by the Treasurer of Elbert County, Georgia, upon warrant drawn by said named deputy clerk and approved by the Judge of the Superior Court of Elbert County. Deputy Clerk of Superior Court of Elbert County. Section 2. This Act, when approved by the Governor, shall take effect from Jan. 1, 1945. Approved February 26, 1945. GAINESVILLE TERRITORIAL LIMITS EXTENDED. REFERENDUM. No. 169. An Act to amend the charter of the City of Gainesville, by providing for incorporation into and as a part of said city the various suburbs occupying territory contiguous to the corporate limits of said City of Gainesville, and for all other purposes relating thereto. 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 an Act entitled an Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Gainesville; to incorporate said city, prescribe its limits, provide for a mayor and aldermen, prescribe their powers and duties, and for other purposes, Acts of 1877, page 163, approved 28th day of February, 1877, be and the same is hereby amended so as to provide that the territory contiguous to the corporate limits of the City of Gainesville may be incorporated into and as a part of said city by the consent of the Commissioners of said City of Gainesville and a majority of the persons residing in said territory sought to be so incorporated, qualified by law to vote for members of the General Assembly of this State, and who have duly registered, qualified and voted as hereinafter provided. Extension of city limits. Section 2. Be it further enacted by the authority aforesaid, that said Act be, and the same is, hereby further amended so as to provide that it shall be lawful for as many as twenty (20) qualified voters residing in any of the territory which is sought to be incorporated, contiguous to the corporate limits of said City of Gainesville to petition the Commissioners of said city for incorporation of said territory into and as a part of said city, which petition shall particularly describe the metes and bounds of the territory sought to be incorporated, and shall be signed by said petitioners and filed with said commissioners, and thereupon, if the said commissioners shall approve the same, said approval by resolution shall be filed with the clerk of Hall Superior Court, and thereupon the judge of said court shall order an election by the persons residing within said territory sought to be incorporated, qualified to vote as aforesaid and who have duly registered and qualified as hereinafter provided. Petition for incorporation of contiguous territory. Election. Section 3. Be it further enacted by the authority aforesaid, that said Act be, and the same is, hereby further amended so as to provide that all persons qualified to vote for members of the General Assembly of this State in the County of Hall, and who are and have been, for thirty days immediately preceding said election bonafide

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residents of said territory sought to be incorporated as aforesaid, and who have duly registered as hereinafter provided, shall be qualified to vote at the election ordered as aforesaid. Qualified voters. Section 4. Be it further enacted by the authority aforesaid, that said Act, be, and the same is, hereby further amended, so as to provide that it shall be the duty of the judge when an election is ordered as aforesaid, to fix the time when said election shall be held, and to designate within said territory sought to be incorporated such number of voting places as the size of said territory sought to be incorporated and the convenience of the persons residing therein may seem to require. Time of election. Voting places. Section 5. Be it further enacted by the authority aforesaid that said Act be, and the same is, hereby further amended so as to provide that it shall be the duty of the judge, when an election is ordered as aforesaid, to appoint three freeholders for each voting place from said territory sought to be incorporated, who shall be qualified to vote at said election, to manage said election. Said managers' duties shall be the same, and they shall take the same oath as those duties prescribed and oath required by said Act for managers holding elections for the said City of Gainesville. The polls at said election shall be kept open the same length of time as is now prescribed for keeping open the polls in all the elections of said city. Election managers. Polls. Section 6. Be it further enacted by the authority aforesaid, that said Act be, and the same is, hereby further amended so as to provide that if any person offering to vote at said election ordered and held as aforesaid is challenged; he shall take the oath as now prescribed, to wit: I am bona fide resident of the territory sought to be incorporated, and have been for thirty days next preceding said election. Challenged voter's oath. Section 7. Be it further enacted by the authority aforesaid, that said Act be, and the same is, hereby further amended, so as to provide that when an election is ordered as aforesaid it shall be the duty of the two registrars

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to be appointed by said judge to act as registrars for said election, and they shall open books at the courthouse for the signatures of persons residing in the territory sought to be incorporated as aforesaid. Said books for registration shall be kept open for at least seven days, exclusive of Sundays, before the date fixed for said election, from 8 o'clock a. m. to 5 o'clock p. m. It shall be the duty of the judge to fix the days on which said books for registration shall be kept open. The registration lists shall be consolidated within three days after the last day of registration and immediately turned over to the clerk of the Superior Court. In making up the registry of the voters the said registrars shall enter thereon the name and age of the applicant. The names of white and colored voters shall be kept separate. Certificates of registration shall be furnished on application at the time of registration. Registration of voters. Section 8. Be it further enacted by the authority aforesaid, that said Act be, and the same is, hereby further amended so as to provide that the qualifications necessary for registration as aforesaid shall be as follows: The person shall be at the time he offers for registration and shall have been for thirty days preceding said election a bona fide resident of the territory sought to be incorporated as aforesaid; and shall have paid all poll taxes which have been required of him. Qualifications for registration. Section 9. Be it further enacted by the authority aforesaid, that said Act be, and the same is, hereby further amended so as to provide that there may be an appeal from the decision of the registrars aforesaid to a comittee which shall be appointed by the judge from the commissioners of said city and the citizens residing in the territory sought to be incorporated as aforesaid, and the decision of said committee shall be final. All appeals shall be made up, heard and decided within two days from the close of said registration list, exclusive of Sunday. Appeals from registrars' decision. Section 10. Be it further enacted by the authority aforesaid, that the said Act be, and the same is, hereby further amended so as to provide that it shall be the duty

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of the judge to cause to be published in one or more newspapers published in the County of Hall a notice of the election when ordered as aforesaid, which published notice shall particularly describe the metes and bounds of the territory sought to be incorporated as set out in the petition for incorporation, the time fixed for said election, the names of the freeholders appointed to manage the same, the days on which the books for registration will be open, and shall designate and describe the place or places where the said election will be held. Said notice shall be published at least fifteen days prior to the time fixed for said election. The said commissioners shall provide all necessary material for carrying on the said election. Notice of election. Supplies. Section 11. Be it further enacted by the authority aforesaid, that said Act be, and the same is, hereby further amended so as to provide that all persons voting at an election held as hereinbefore set forth, who are in favor of incorporating the said territory sought to be incorporated, shall have written or printed on their ballots the words For incorporation, and those opposed to the same shall have written or printed on their ballots Against incorporation. Ballots. Section 12. Be it further enacted by the authority aforesaid, that said Act be, and the same is, hereby further amended so as to provide that if, upon examination of the tally sheet by said judge, it shall appear that a majority of the persons voting at an election ordered and held as hereinbefore set forth, have voted in favor of incorporation, judge shall declare the result by order entered on the minutes, and thereupon the commissioners of the City of Gainesville shall so declare by resolution, and thereupon the mayor of the said city shall issue his proclamation declaring said territory incorporated into and as a part of the City of Gainesville. Said territory so incorporated shall be laid off into a ward, or wards, or attached to an existing ward as the said commissioners shall determine, and for each ward so laid off in the said incorporated territory there shall be added one commissioner of the City of Gainesville, to be elected at the

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times and in the manner prescribed by law for the election of commissioners for the said City of Gainesville. The first election for said commissioner from said ward, or wards, so laid off shall be held at the next regular election for commissioners held in and for said city after the date of the incorporation of said territory. Declarations of incorporation. Wards. Additional commissioners. Section 13. Be it further enacted by the authority aforesaid, that Act be, and the same is, hereby further amended so as to provide that any person voting in any election held as hereinbefore set forth without having registered as hereinbefore set forth shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section of the Penal Code of this State. Penalty for voting without registering. 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 26, 1945. MONROE FREEZER LOCKER PLANT. No. 170. An Act to amend the charter of the City of Monroe, in the County of Walton, approved December 3rd, 1896, Acts of 1896, pages 212 to 225, inclusive, and other amendments thereto, so as to authorize the City of Monroe to provide for the establishment of a municipal freezer locker plant and for the operation and maintenance of same; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act, the Mayor and Council of the City of Monroe, at their discretion, may establish, erect, equip, operate and maintain a freezer locker plant for the purpose of engaging in any activity or activities in connection with the marketing, selling, purchasing, preserving, curing, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling or utilizing of any products delivered to it, and collecting for same, and

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other necessary and proper acts connected with the proper maintenance and operation of said plant. Freezer locker plant authorized. That said Mayor and Council shall have authority to create by ordinance such officers or board of officers, as shall be necessary and proper, to carry out the provisions of this Act in establishing, maintaining and operating said freezer locker plant for the purposes heretofore enumerated; to fix the terms of office for said officers, or board of officers, and the compensation for their services, and to do all other acts not in conflict with the charter provisions of the City of Monroe, the Constitution and laws of Georgia, necessary to carry out the purposes of this amendment. Officers. Section 2. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act, be, and the same are, hereby repealed. Approved February 26, 1945. AUGUSTA EMPLOYEES' PENSION FUND. No. 173. 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, as amended by an act as appears in Georgia Laws 1943, pages 1256 to 1258, inclusive, designated Augusta Charter Amendments, and as amended by an act appearing in Georgia Laws 1943, pages 1259 to 1263, inclusive, designated Augusta Officers and EmployeesFurloughs; to amend, ratify and confirm said charter and the amendments thereto approved December 31, 1937, designated as Augusta Officers and Employees Tenure, appearing in Georgia Laws Extra-Session 1937-38, pages 938 to 943, inclusive, as amended by an Act approved February 19, 1941, appearing in Acts of General Assembly of Georgia, 1941 (Ga. Laws, 1941, pages 1071-1072), and designated

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Augusta City Attorney; so as to provide a permanent city employee pension fund for permanent employees of the City of Augusta; define permanent employees, totally and permanently disabled and other terms; require that three (3%) per cent of the salary, wage or remuneration of each employee of said City be deducted from his pay check and paid into said fund as part thereof; require said City, each three months, to pay into said fund as part thereof, a sum equal to the amount deducted from its employees' salaries, wages or remuneration; to provide authority to the City Council of Augusta to increase or reduce from time to time such withholdings from such employees' salary, wage or remuneration and to increase or reduce from time to time the sum to be paid by said City Council of Augusta in matching said withholdings from such employees' salary, wage or remuneration; exclude from provisions of this act certain officers and employees of said City; require said City and certain employees and officials thereof to perform duties and obligations in connection with said fund; provide for payments to a permanent employee from said fund; a retirement pension when his total service amounts to twenty-five (25) years; a retirement pension upon his reaching 65; a retirement pension when after twenty years' service he is separated therefrom; a total permanent disability pension for total and permanent disability incurred while in discharge of his duties; a temporary disability pension; to provide for a refund of 50% of deductions from said salary, wage or remuneration in event of voluntary separation from service or separation from service by discharge, less deductions provided; to provide a refund upon separation from service by death of 100% of deductions from said salary, wage or remuneration, less deductions; to further provide all retirement pensions and total disability pensions shall increase in proportion to salary, wages or remunerations held; to declare the City Attorney a permanent employee of the City Council of Augusta; to further provide punishment under the Criminal Law for persons who violate the terms of this Act; and for other

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purposes; and to repeal the following acts amending the charter of the City of Augusta to-wit:An Act appearing in Georgia Laws of 1923, pages 443 to 445, inclusive, designated Augusta City of; payment of retired Employees; and an act appearing in Georgia Laws of 1924, pages 450 and 451, amending said act of 1923, designated Augusta, Pension of Retired Employees, additional increase of; and an act appearing in Georgia Laws of 1933, pages 868 and 869, designated Augusta; Retirement of Employees; provided specifically, however, that the repeal of the above designated acts shall in no way affect the Augusta Firemen's pension fund or the Augusta Policeman's pension fund and the several laws and amendments relating to said funds or either of them; nor any way affect any pension from The City Council of Augusta now being paid or due or that becomes due before the effective date of this Act by reason of any existing ordinances or act; and to repeal all laws and parts of laws in conflict with this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Charter of The City Council of Augusta as amended by an Act of the extra session of the General Assembly of Georgia, Extra Session Georgia Laws 1937-38, pages 938-43, designated as Augusta Officers and Employees Tenure Act, as amended by the Act approved February 19, 1941, Georgia Laws 1941, pages 1071-1072, designated as Augusta City Attorney, and as amended by an Act as appears in Georgia Laws of 1943, pages 1256 to 1258, inclusive, providing for recall to duty of any officer or employee who may have retired from service under the various pension acts applying to The City Council of Augusta, and for other purposes, and as amended by an Act appearing in Georgia Laws of 1943, pages 1259 to 1263, inclusive, providing for furloughs for all officers and employees of The City Council of Augusta, including all regular firemen and policemen while in the armed forces of the United States

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during the present war, and providing for their tenure of office during their absence, and providing that the time they are in the armed forces be included as time served with said City of Augusta in computing the time of employment for retirement purposes, and for other purposes, is hereby amended by providing as hereinafter set forth, a City Employees' Pension Fund for the permanent employees of the City of Augusta, from which fund shall be paid retirement pension, total permanent disability, temporary disability pension; a refund upon death before retirement, a refund upon separation from the services as hereinafter provided, and there is hereby repealed the following Acts, to-wit: An Act appearing in Georgia Laws of 1923, pages 443 to 445, inclusive, designated Augusta City of; Payment of Retired Employees; and an Act appearing in Georgia Laws of 1924, pages 450 and 451, amending said Act of 1923, designated, Augusta; Pension of Retired Employees, Additional Increase of; and an Act appearing in Georgia Laws of 1933, pages 868 and 869, designated Augusta; Retirement of Employees; providing specifically, however, that the repeal of the above designated acts shall in no way affect the Augusta Firemen's Pension Fund or the Augusta Policemen's Pension Fund and the several laws and amendments relating to said funds or either of them, nor any way affect any pension from The City Council of Augusta now being paid or due or that becomes due before the effective date of this Act by reason of any existing Ordinances or Act. Acts amended. Employees' Pension Fund. Acts repealed. Section 2. Definitions. As used in this Act, the following terms and phrases shall have the following meaning, to-wit: Words defined. (a) Employee shall include all employees; casual employees, temporary employees, permanent employees, and officers of the City of Augusta elected by City Council, appointed by the Mayor, a Council Committee or Committee Chairman, or Commission, upon the authority of The City Council, not excluded in Section 3 of this Act. (b) City and City Council shall mean The City

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Council of Augusta. (c) The masculine shall include the feminine, and the singular shall include the plural, wherever the context requires it. (d) Effective date shall mean the first day of the first month following the approval of this Act by the Governor. (e) The term year as used herein, defining the probationary period of any employee, shall mean Two Hundred and Seventy-five (275) working days of twelve (12) consecutive months period of continuous employment, including such period as may have been or may be allowed for annual vacation. (f) Continuous Employment shall mean employment unbroken by discharge or resignation. Re-election or re-appointment at the end of a term shall be regarded as continuous employment. (g) A permanent employee is an employee as above defined, who has continuous employment for the requisite probationary period, as provided by the terms of this Act. (h) Temporary Employee is defined as one who has not been employed for the requisite probationary period provided by this Act so as to become a permanent employee, or employees who now are, or who hereafter substitute for a permanent employee in the armed forces under the terms of the Act of the General Assembly 1943, pages 1259-63, inclusive, designated Augusta Officers and Employees-Furloughs. (i) Casual employee shall mean an employee who is employed at definite times and periods for special or temporary work and whose employment is not under the terms of this Act, continuous for the probationary period herein provided for. Section 3. There is excluded from the provisions of this Act the employees of the University Hospital, employees of the Auditorium Commission and the Sinking

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Fund Commission, except that they be now permanent employees, or hereafter permanent employees of the City of Augusta, by virtue of Georgia Laws, 1943, pages 1256 to 1258, inclusive, designated Augusta Charter Amendments, in which Act University Hospital Employees (Section Three) is referred to; officers elected by vote of the electorate; members of the City Fire Department and members of the City Police Department; provided, however, any person who has served, or who may hereafter serve, as a member of The City Council of Augusta, and is now, or may hereafter become, a permanent employee under the terms of this Act, or the Officers and Employees Tenure Act as amended, shall have the time that said person was a member of Council computed and made a part of the time of employment with the City Council of Augusta in determining the time said employee has [been] so employed. Employees excluded. Section 4. The probationary period is hereby fixed at one (1) year of continuous employment either before the effective date of this Act or after the effective date of this Act, or total continuous employment for one year, part of which is prior to the effective date of this Act and part of which is after the effective date of this Act. Probationary period. Section 5. There is created a permanent pension fund for the benefit of every permanent employee covered by this Act, and said fund shall be known as the City Employees' Pension Fund, and shall be kept in a separate account earmarked City Employees' Pension Fund with a separate permanent record thereof, which record shall be kept by the Comptroller of said City, and no warrant shall be drawn on said Fund except as provided in this Act, except that at any time said Fund exceeds the sum of Five Thousand Dollars ($5,000.00) on deposit in any one bank, said Comptroller shall purchase bonds for the benefit of the said pension Fund with all excess above Five Thousand Dollars ($5,000.00), provided said bonds are approved by the Georgia Laws for purchase by Trustees of Trust Estates in Georgia. The Comptroller shall at no time have in any one bank more than Five Thousand Dollars ($5,000.00) of said pension funds, and all

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such depositories shall be in Richmond County, Georgia. The said Comptroller's voucher, when countersigned by the Mayor of the City, shall be the method of withdrawal from said pension fund; acting Comptroller, or acting Mayor, when properly designated as such in accordance with the Ordinances of The City Council of Augusta, shall have authority to perform all acts and duties, and shall perform all acts and duties conferred by this Act on said Comptroller or Mayor, hereinafter provided for, shall likewise include and cover anyone acting in his stead as acting Comptroller or Mayor. Fund. Separate account. Funds deposited in bank. Excess invested. Vouchers. Section 6. It shall be the duty of the City to see that the provisions of this Act are carried out strictly in conformity with this Act. City's duty. Section 7. Said City Employees' Pension Fund shall be kept separate from all Municipal monies. Funds kept separate. Section 8. All decisions of Council in regard to said Pension Fund, or any withdrawal therefrom, shall be entered on a separate pension record kept by the Comptroller, and shall also be kept on the minutes of said Council and all entries appearing on the minutes of Council shall be transcribed by said Comptroller upon his permanent record book as to said Pension Fund, in order to readily determine the status of said Fund, and each of the said records shall be a legal record thereof, and it shall be the duty of said Council to see that said records conform one to the other at all times. Pension record. Section 9. The sum of three (3) per centum shall be deducted by the said Comptroller from the salary, wages or remuneration of each employee of the City, whether temporary, casual, or permanent, not specifically excluded by this Act, as and when paid, by pay vouchers, or other forms of payment, for services rendered. This deduction shall be deposited by said Comptroller in the City Employees' Pension Fund in conformity with this Act, and he, the said Comptroller, is designated as custodian of such fund. Each three (3) months after the effective date of this Act, the City shall pay over to said Comptroller for said City Employees' Pension Fund, and

Page 820

which shall become a part thereof and be the property of such Fund, a sum equal to the amount deducted by the Comptroller from the salaries, wages or remunerations, and it is hereby made the duty of said Comptroller to collect and receive said equal sum from the City, and the City shall pay it over to him, as herein directed, and he shall collect the same promptly and deposit it in said City Employees' Pension Fund; provided, however, the City shall have authority from time to time to increase the contributions by said employees up to five (5) per centum of such salary, wage or remuneration, but upon each such increase on the part of such employees, then and in that event the City shall make its contributions correspond to the percentage deduction from such employees' salary, wage or remuneration, provided, however, that before said City shall be authorized to increase said contributions by itself and said employees, said Pension Fund shall have been depleted so that there shall not be in the fund an amount sufficient to pay the pensions of those on the pension roll for a period of twelve months; provided, however, should in the judgment of said City, said pension fund shall have grown to such an extent as to reduce the contributions to this fund down to as low as three per centum, then and in that event, said City shall have authority so to do. Deductions from salaries. Matching fund by City. Increased contributions. Section 10. The Comptroller shall keep a full and complete record of receipts for and deductions from said Fund, and of deductions from the salaries, wages and compensation of employees; and of the payments made into said Fund. Such records of the Comptroller, together with any records furnished him by the City, shall be open to inspection at all regular business hours. Records kept. Section 11. The said Fund is hereby declared not to be the property of said City, and this includes any sum paid in or directed to be paid in by said City, and it shall reserve no property in any sum raised or due by virtue of this Act. Fund not property of City. Section 12. That when a pension is properly allowed as herein provided, and becomes a charge on said Pension

Page 821

Fund, if there is not sufficient money in said Pension Fund to pay said pension promptly at the time it falls due, and from time to time, then the City shall provide by appropriation a sufficient sum to meet any such deficiency in payment of such pension or pensions, so that any and all pensions shall be paid when due. Deficiency. Section 13. Any person who becomes an employee after the effective date of this Act, in order to come under any of the benefits of this Act, or be entitled to any of the benefits of this Act as a permanent employee, shall not be over thirty-five years of age when employed, and shall furnish to said City proof of his age and a health certificate to its satisfaction as to his age and to its satisfaction as to his good health at the time of such employment and at the time of his employment shall file the proof of his age and certificate of his health with the Clerk of Council of said City and said certificate shall be from a reputable practicing physician in the City of Augusta, designated for that purpose by said City; provided that the age limitation of thirty-five years shall not apply to any employee holding now or hereafter an office or position with said City, which positions are named as official positions by Ordinances of Council, within thirty days from the effective date of this Act. Age and health certificate. Section 14. That every permanent employee in active service and employment at the time of the effective date of this Act, or hereafter, whose total service as a permanent employee shall at any time amount to twenty-five (25) years, may retire on his own motion, and this shall include any permanent employee who shall have served twenty-five (25) years prior to the effective date of this Act, and any permanent employee who shall serve his twenty-five (25) years after the effective date of this Act, and also include any permanent employee who serves twenty-five (25) years regardless of whether part of said service is before the effective date of this Act and part of the service is after the effective date of this Act, such permanent employee shall be retired at one-half of the highest salary or wage or remuneration he has received as a permanent employee within the period

Page 822

of seventy-two months immediately preceding his retirement, plus two (2) per centum for each year's service beyond said twenty-five years, however, at no time shall any pension exceed sixty (60) per centum of the highest salary, or wage or remuneration paid to said permanent employee within the period of seventy-two months immediately preceding his retirement. Retirement age and service. Section 15. That each permanent employee in active service and employment at the time of the effective date of this Act, or hereafter, whose total services as a permanent employee which amounts to at least twenty years, that is permanently separated from the service involuntarily by action of said City will constitute a retirement of such employee if he so elects. Such permanent employee so retired shall be retired at two (2) per centum of his salary times the number of years he has served as a permanent employee, at the highest salary, wage or remuneration he has received as a permanent employee within the period of seventy-two months immediately preceding his retirement; the years of service shall be twenty or more years before the effective date of this Act, or twenty or more years after the effective date or twenty or more, part of which was served prior to the effective date of this Act and part of which was served after the effective date of this Act, provided, however, no permanent employee shall draw any benefits under this section if his involuntary separation from the services of the City is found by the City to have been caused by the permanent employee's wilful misconduct, or self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication or wilful misconduct, or due to the commission of crime under the laws of this State, or any other State or the United States. Involuntary retirement. Misconduct, self-inflicted injury, etc. Section 16. Any permanent employee when he is sixty-five years of age, whether he became sixty-five years of age prior to the effective date of this Act, or becomes sixty-five on or after the effective date of this Act, may retire at will at two per centum of the highest salary, or wage or remuneration he has received as a permanent employee within seventy-two months immediately preceding

Page 823

his retirement, times the number of years served, not to exceed sixty per centum of the highest of such salary, or wage or remuneration received, provided that said permanent employee has at least ten or more years of service as a permanent employee; and, provided further that during the first five years from the effective date of this Act, the foregoing provisions shall not apply unless such voluntary retirement is approved by a majority of said City Council, anything in this Act to the contrary notwithstanding. Retirement at age of 65. Section 17. Any permanent employee who is permanently and totally disabled while in the discharge of his duties, and arising out of and in the course of his employment for said City, whether said disability is caused by injury or disease, shall be placed on the pension list, provided he has prior to said permanent and total disability, continuously, actively performed the duties of his employment for one year after the effective date of this Act, and shall be paid while so permanently and totally disabled one-half of the highest salary or wage or remuneration that he has received as a permanent employee within the period of seventy-two months immediately preceding his said permanent and total disability. Provided, however, that should such employee receive any Workmen's Compensation while so disabled, such Workmen's Compensation so received, excluding medical, doctor, nursing and hospitalization, shall be subtracted from any pension voucher paid said employee, and he shall receive only the excess of any pension due him after the subtraction of the amounts of Workmen's Compensation received by him, less any other indebtedness due the City by said employee, and it shall be the duty of said City to determine the cause and manner of the claimed permanent and total disability and to declare in its findings whether or not such disability is permanent and total. Totally and permanently disabled shall mean that the permanent employee is not able, on account of disability received in the discharge of his duties, to adequately discharge the duties of his job or office,

Page 824

nor ever will be, and no permanent employee shall be declared to be totally and permanently disabled to discharge the duties of his job or office, except upon the recommendation of three reputable physicians, after examination, who shall consider the case and make their findings. One of said physicians shall be selected by said City, one by the permanent employee, and these two shall select the third. The recommendations of the physicians shall state that they find him totally and permanently disabled from performing the duties of his job or office and/or they do not find him totally and permanently disabled from performing the duties of his job or office, and the majority report of the physicians shall govern. Should the report of the physicians state that they find the employee totally and permanently disabled from performing the duties of his job or office then said employee shall be declared totally and permanently disabled, and entitled to draw the pension hereinbefore set out, and his right to draw said pension shall date back to the time of injury; provided, however, that no permanent employee shall draw any benefits under this section if his disability is found by the City to have been caused by the permanent employee's wilful misconduct, or selfinflicted injury, or growing out of his attempt to injure another, or due to intoxication or the wilful misconduct, or due to the commission of crime under the laws of this State, or any other State or the United States; and provided further it shall be the duty of said City to make frequent investigations of the disability of such employee, and in the event it determines that he is no longer totally and permanently disabled and is able to actively perform his duties or services that he was employed to perform at the time of his injury that resulted in the claimed permanent and total disability, to order said pensioner to return to work and remove him from the pension list; provided, however, after said employee is declared permanently and totally disabled and he desires to accept other employment with the City that he is able to perform that is offered him by said City, as long as he performs such duty he shall be paid at least as much as he would receive from his pension but shall not receive

Page 825

a pension, and in such cases the employee may leave such employment at any time he sees fit and be immediately returned to the pension list at the sum that he was retired on, and the City may strike him from the pay roll and return him to the pension list at any time it sees fit. Permanent disability. Workmen's compensation deducted. Total disability defined. Examination by physicians. Disability self-inflicted. Section 18. Any permanent employee who after one year from the effective date of this Act that shall become disabled and cannot perform the duties of his employment and who has to his credit twelve years of employment as a permanent employee, whether such twelve years be before the effective date of this Act, or be after the effective date of this Act, or part of such years are before the effective date of this Act, and part after the effective date of this Act, and who, after four weeks continuous unbroken disability, makes application in person or by his authorized representative, to City Council, and is found by City Council disabled and cannot perform the duties of his employment, shall be placed on the pension list and receive, while so disabled, excluding first four (4) weeks, a pension of two (2) per centum of the highest salary or wage or remuneration he has received as a permanent employee within seventy-two (72) months immediately preceding such disability times the number of years served, during the continuance of his disability. Provided, it shall be the duty of the City to make frequent investigations of such cause and return such employee to active duty or service as soon as he is able to return, at which time his pension, by virtue of this Section, will stop. Provided, that should such employee receive any Workmen's Compensation, while so disabled, such Workmen's Compensation so received, excluding medical, doctors, nursing and hospitalization, shall be subtracted from any pension voucher paid said employee and he shall receive only the excess of any pension due him after the subtraction of the amounts of Workmen's Compensation, as well as any other indebtedness that he may be due the City; provided, further, that no permanent employee shall draw any benefits under this section if his disability is found by the City to have been caused by the permanent employee's wilful misconduct or self-inflicted

Page 826

injury, or growing out of the attempt to injure another, or due to intoxication, or wilful misconduct, or due to the commission of a crime under the laws of this State, or any other State or the United States. Disability one year after effective date of Act. Investigations by City. Section 19. Any permanent employee who, before retirement, voluntarily, absolutely separates from the service, or who is discharged, or whose office or position is abolished as provided by the Augusta Officers and Employees Tenure Act appearing in Georgia Laws, Extra-Session 1937-38, pages 938-943, inclusive, as amended by the Acts of the General Assembly of Georgia, approved February 19, 1941, Georgia Laws, 1941, pages 1071-1072, or hereafter amended, shall have returned to him or his estate, within ninety (90) days of the date of application after he is absolutely separated or his discharge becomes final, fifty (50) per centum of the amount of deduction from his salary, wages or remuneration by virtue of this Act, without interest, less any disability payments he has received, also less any indebtedness whatever that he may be due the City, provided such permanent employee has, after becoming such permanent employee and after the effective date of this Act, continued in continuous employment as provided by this Act for twelve months, and when said Fifty (50) per centum is returned to said employee, he shall not have any further claim or rights to receive any fund, or payments whatsoever of any kind or character from said fund. Discharged or position abolished. Part of deductions returned. Section 20. If a permanent employee is separated from the service of his employment, as defined in this Act, by death, there shall be returned to his or her surviving spouse, if one and if not, then to his or her next of kin upon application therefor, one hundred (100) per centum of the deductions from his or her salary, wages or remuneration, less any payments made to him or her by reason of any other provisions of this Act, and less any sum that might be due by him or her to the City, which amount so due shall be paid to the City; and when said one hundred (100) per centum less authorized deductions, if any, is returned to said employee, or his or her

Page 827

estate, or his or her personal representative shall receive from said fund, no other sums whatsoever. Deductions returned to next of kin. Section 21. Any permanent employee, who before retirement, or who voluntarily separates from the service, or is discharged, or his office or position abolished as provided by the Augusta Officers and Employees Tenure Act appearing in Georgia Laws, Extra Session 1937-38, pages 938-943, inclusive, as amended by the Act approved February 19, 1941, Georgia Laws, 1941, pages 1071-1072, designated as Augusta City Attorney, and as amended, and is thereafter re-employed by the City, and upon the presentation to City Council of a certificate from a doctor designated by The City Council of Augusta, certifying that such permanent employee is in good health and able to perform actively the duties of his employment by the City, his services prior to such separation or discharge shall be counted in his length of service with the City, provided he shall, before he completes said twelve months continuous permanent employment after being so re-employed by the City, pay back into the pension fund, by paying to the Comptroller of said City, the amount refunded to such permanent employee by reason of such separation or discharge. Re-employment. Section 22. There shall not be paid to any person whomsoever more than one benefit at a time under this Act. Only one benefit. Section 23. None of the retirement provisions of this Act shall be construed to repeal the Act of the General Assembly of Georgia, Extra Session, 1937-38 (Georgia Laws, Extra Session, 1937-38, pages 938-943, inclusive), designated as Augusta Officers and Employees Tenure Act, as amended by an Act of the General Assembly, approved February 19, 1941, (Georgia Laws 1941, pages 1071-1072), designated as Augusta City Attorney, but to the contrary both of said Acts are hereby ratified and confirmed and the City Attorney of said City is hereby declared to be a permanent employee under the terms of said Acts herein enumerated as well as this Act. Acts ratified. Section 24. That whenever any permanent employee

Page 828

of the City is properly placed on the pension list to draw a pension from said pension fund, his pension shall be increased in proportion as the salary, wage or remuneration of the job or position that he retired on at the time of retirement shall be increased. Provided that reduction shall be made in the pension in proportion with the salary, wage or remuneration decreased from time to time for such job or position that said permanent employee so pensioned retired on, however, said pension shall never be reduced to less than the original pension granted. Increase in pension. Section 25. All applications for pension shall be made to the Clerk of Council on forms prescribed by City Council and printed for use in such cases, and it shall be the duty of The City Council to provide said forms at all times and the Clerk of Council shall immediately transmit such application to the City Attorney for his approval as to form and procedure, and upon his approval, same shall then be presented to Council. Applications for pension. Section 26. At the close of each year the Comptroller shall make a written report to City Council of funds on hand and liabilities of said pension, both accrued and contingent. This report shall be published in the City Year Book of annual reports as a part of the financial report of the City. Report by Comptroller. Section 27. Each section of this Act and every part of each section are declared to be independent sections and the holding of any section or part of any section to be void, shall not affect the other sections or parts of such sections, and it is declared that the other sections not so held to be void, (or parts of sections not held to be void) would have been enacted regardless of any section or part of any section being held void. Invalid part. Section 28. This Act constitutes a contract between the City of Augusta and each permanent employee now and hereafter from the date it becomes effective. Contract between city and employee. Section 29. Any person whosoever covered by this Act, or administering the provisions of this Act that violates the provisions of this Act shall be guilty of a misdemeanor

Page 829

and shall be punished, if found guilty, as provided for the punishment of a misdemeanor in this State. Violation of provisions of Act misdemeanor. Section 30. That the first day of the first month after the approval of this Act by the Governor of Georgia shall be the Effective Date of this Act, and beginning with said Effective Date this Act is declared to be effective and an existing law of the State of Georgia. Effective date. Section 31. All laws and parts of laws, Acts and Ordinances in conflict with this Act are hereby repealed. Approved February 28, 1945. CLINCH COUNTY COURT SOLICITOR. No. 174. An Act to amend an Act approved February 22, 1943 by providing for the filling of vacancies in the Office of Solicitor of Clinch County Court, to prescribe their eligibility, appointment, to provide for vacancies and other purposes. 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 February 22, 1943 creating the County Court of Clinch County in and for the County of Clinch and defining its jurisdiction powers, etc., and providing for a Judge and Solicitor and other officers and prescribing their powers, duties and compensation, etc., and for other purposes, be and the same is hereby amended to strike out in its entirety In case of a vacancy in the Officer of Solicitor of said Court it shall be filled by appointment by the Governor for the unexpired term and striking out the entire balance of said Act approved Georgia Laws, page 747, 1943 [sic], so that said Act shall read as follows: Act 1943 amended. Be it further enacted by the authority aforesaid, that there shall be a Solicitor of said County Court of Clinch County elected and commissioned in the same manner

Page 830

provided for 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 fee for all other services rendered shall be the same as allowed Solicitors Generals of the Superior Courts; 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) dollars per month, the same to be paid out of the County Treasury. The said Solicitor shall receive no other fees or compensation for his services, except that the Solicitor of said County Court shall for his services in the Supreme 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 any case of a vacancy in the office of Solicitor of the County Court of Clinch County (voluntary or involuntary) it shall be filled for the entire unexpired term by the County Commissioners of Clinch County, Georgia. Fees paid into Treasury. Salary of Solicitor. Vacancy. The Solicitor of the County Court of Clinch County may be County Attorney or member of the Legislature or Senate but said Solicitor shall not be an employee of the State in any other way or an employee of the U. S. Government. If said Solicitor draws a salary from the State or Government except as hereinbefore stated his office shall be declared vacant and a successor appointed immediately. It shall be unlawful and illegal for the County Commissioners to pay the salary to any one holding any position with the U. S. Government or any department of the State or receiving funds from either. Qualifications. Ineligible to hold other government office. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 2, 1945.

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SHERIFF'S COMPENSATION IN CERTAIN COUNTIES. No. 178. An Act to amend an Act approved January 24, 1945 which Act authorizes and directs the Ordinary or other proper officials having control of finances of certain counties to compensate the sheriff of said counties in addition to the fees and compensation now paid to said sheriff, by striking the figures, 1910 and inserting the figures 1940, 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. The Act approved January 24, 1945 is hereby amended by striking the figures 1910 in the caption and section 1 of said Act and inserting in lieu thereof the figures 1940 so that said section 1 of the act approved January 24, 1945 shall read as follows: Act 1945 amended. Sec. 1. That from and after the passage and approval of this Act, the Ordinaries or other county officials having control of county funds in all counties in the State of Georgia having a population of not more than nine thousand one hundred and ten (9,110), nor less than nine thousand one hundred (9,100) according to the Federal Census of 1940 and all future census, are hereby authorized and directed to pay to the sheriffs of said counties the sum of One Hundred Dollars ($100.00) per month in addition to the fees and compensation now paid to said sheriffs. Sheriff's compensation. Section 2. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 3, 1945.

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CORONER'S SALARY IN CERTAIN COUNTIES. No. 179. An Act to amend Section 21-105 of the Code of Georgia of 1933, so as to provide that coroners in counties having a population of not less than 37,000 and not more than 41,000, according to the United States Census of 1940, or any future United States census, shall receive a salary of $600.00 per year in lieu of the fees now allowed a coroner for holding inquests 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 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. In all counties of this State having a population of not less than 37,000, and not more than 41,000, according to the United States Census of 1940, or any future United States Census, the coroner shall receive a salary of Six Hundred ($600.00) Dollars per year, out of the County Treasury, payable monthly, said salary to be in lieu of the fees allowed a coroner by law for holding inquests. Coroner's salary. 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, 1945. JASPER CHARTER AMENDMENT. No. 180. An Act to amend the Charter of the Town of Jasper (Ga. Laws 1923, pp. 682-693) by further defining the

Page 833

rights, powers and duties of the municipal Government 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 powers and duties of the municipal Government of the town of Jasper (Ga. Laws 1923, pp. 682-693), be and the same are amended by adding the following language to paragraph twelve: The right to open, close, increase and reduce widths of streets herein granted shall be in such manner as may be directed by law and the authorities of the town of Jasper may make such disposition of the property consisting of such street or streets as may be closed or widths reduced as they deem to be right and proper. They may sell said property to adjoining property owners or the same may be sold in such other manner as the authorities of said town may elect. The right to open, close, increase and reduce widths of streets shall be full, adequate and complete and shall be done under provisions of existing general laws. Act 1923 amended. Sale of closed streets. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1945. MACON, SALE OF CITY PROPERTY. No. 181. 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, with certain changes in said Acts; to consolidate into one act with such changes as may have become necessary or proper all Acts constituting the Charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes, said Act described appearing on

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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 acts whenever passed and wherever set forth, including any and all acts amending, changing, or re-enacting any section of said act or acts; to vest the title of certain property in the City of Macon located within the limits of the City of Macon being a part of the reserved square and known as the Water Works Shop Property; to authorize the sale of said property; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act that the Charter of the City of Macon with the several acts amendatory thereof be and the same is hereby amended so as to authorize the City of Macon to close up and discontinue for use as a public street or reserved square of the City of Macon the following described tract or parcel of land located within the City of Macon: Discontinuance of street or reserved square authorized. All that tract or parcel of land situated, lying and being in the City of Macon, Bibb County, Georgia and being more particularly described as follows: Beginning at an iron pin which is three hundred five and six-tenth (305.6) feet southwest of the center line of Walnut Street and four hundred fifty (450) feet southeast of the center line of Broadway (formerly Fourth Street) and from said beginning point running south eighty (80) degrees fifty-nine (59) minutes west two hundred one and one-tenth (201.1) feet to an iron pin; thence north thirty-four (34) degrees forty-nine (49) minutes east one hundred twenty and four-tenths (120.4) feet to the beginning of a curve; thence on the arc of a circle with a twenty (20) foot radius for a distance of thirty-one and three-tenths (31.3) feet to the end of the arc; thence north fifty-four (54) degrees forty (40) minutes west one hundred twenty-four and nine-tenths (124.9) feet to the point of beginning.

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Section 2. Be it further enacted by the General Assembly of Georgia and it is enacted by authority of the same, that from and after the passage of this Act the title in fee-simple to the above described property located within the City of Macon shall vest in the City of Macon. Title vested in City. Section 3. Be it further enacted by the General Assembly of Georgia that the City of Macon shall have full power and authority to sell said above described property to R. A. Bowen and convey title thereto to him. Authority to sell. Section 4. Be it further enacted by the General Assembly of Georgia that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1945. LUDOWICI TERRITORIAL LIMITS EXTENDED. No. 182. An Act to amend an Act entitled An Act to create a new charter for the City of Ludowici in the county of Long and to re-incorporate said city and define its territorial limits approved August 18, 1923 (Ga. Laws 1923, pp. 701-728) by extending the North and Northwestern boundary lines of the city of Ludowici so as to extend the territorial limits of said city; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That an Act of the General Assembly incorporating the city of Ludowici in the County of Long (Ga. Laws 1923, pp. 701-728), being an Act to re-incorporate said city and define its territorial limits, be and the same is hereby amended by extending the North and Northwestern boundary lines of said city of Ludowici as follows: Beginning at an established corner 200 feet Northwest of the residence of D. P. Sallette on the old

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Macon-Darien public road, and running thence along said Macon-Darien public road North 36 degrees West 667 feet to a stake corner; thence South 63 degrees West 2,308 feet to a corner; thence South 40 degrees East 1,100 feet to a corner; thence South 47 degrees West 1,818 feet to the margin of Jones Creek. North and Northwestern boundaries extended. That on and after the passage and approval of this Act, the above shall be the North and Northwestern boundary lines of the city of Ludowici in the County of Long. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 6, 1945. CALHOUN COMMISSIONERS' COMPENSATION. No. 183. An Act to amend an Act entitled An Act to increase the number of commissioners of roads and revenues for the County of Calhoun from three to five; to provide that they shall be elected by popular vote; to provide that one of said commissioners shall be elected from each of the five militia districts of said county, and for other purposes approved August 10, 1908, (Ga. L. 1908, p. 276) as amended by an Act approved August 9, 1911, (Ga. L. 1911, p. 398) and as further amended by an Act approved August 8, 1917 (Ga. L. 1917, p. 323) by adding a proviso at the end of Section 10 of said Act so as to limit the amount the county commissioners can receive and spend in any one month for salary and expenses to $16.00 per month for each member; 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 entitled An Act to increase the number of commissioners of roads and revenues for the County of Calhoun from three to five; etc., approved

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August 10, 1908 (Ga. L. 1908, p. 276) as amended, be and the same is hereby amended by adding a proviso at the end of Section 10 of said Act so as to limit the amount the county commissioners can receive and spend in any month, so that said section when so amended shall read as follows: Sec. 10. Be it further enacted by the authority aforesaid, that said commissioners shall be each paid the sum of four dollars per day for each day actually engaged in the discharge of their official duties as such commissioners; and they shall be exempt from road, jury and militia duty; Provided, that each of said commissioners shall not be paid more than $16.00 per month, including both expenses and compensation for the discharge of his official duties. Commissioners' compensation. Monthly pay limited. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1945. HOSPITAL AUTHORITY IN CERTAIN COUNTIES. No. 184. An Act to amend an Act entitled: An Act to provide a budget in all counties in this state having a population of 200,000 or more by the United States Census of 1930, or by any future census;..... and for other purposes, approved March 16, 1939 (Ga. Laws 1939, page 272) so as to provide a new section to be known as Section 14 (B), and to provide that the budget of such counties may be increased, notwithstanding any other provision of the act, by such amounts as may be necessary to permit such counties to create, contract with and maintain, wholly or jointly, with some other municipality or county, a hospital authority; to provide that the aggregate of any budget adopted under this act may be increased by such amount as may lawfully be levied as taxes or lawfully spent for such purposes; and for other purposes.

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Be it enacted by the General Assembly of Georgia that the Act entitled: An Act to provide for a budget in all counties in this state having a population of 200,000 or more by the United States Census of 1930 or by any future census,..... and for other purposes, approved March 16, 1939, (Ga. Laws 1939, page 272) be amended as follows: By adding a new section to be known as Section 14 (a), in the following language, to-wit: Section 14. (a). This Act shall not prevent the levy of additional taxes for hospital purposes and/or for the purpose of creating, contracting with, or supporting a Hospital Authority, where authorized by law, or the expenditure of such funds or any other funds lawfully obtained by such counties, for the purpose of creating, contracting with, or supporting Hospital Authorities where so authorized by law. The aggregate sum for which the county may prepare and adopt its budget, may be increased by all such sums, which shall not be subject to the limitation imposed by Section 9 of this Act, as amended by the Acts of 1941, page 387. Funds for hospital purposes. 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 6, 1945. SHERIFF'S COMPENSATION IN CERTAIN COUNTIES. No. 185. An Act to authorize and direct the Ordinary or other proper officials having control of the finances of the counties in the State of Georgia, having a population of not more than six thousand nine hundred seventy (6,970), nor less than six thousand nine hundred and forty (6,940), according to the Federal Census of 1940 and all other future census; to provide for compensation for the sheriffs of said counties in addition to the fees and compensation now allowed by law, during the

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present national emergency and six months thereafter, because of the extra duties imposed on such sheriffs. 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 or other county officials having control of county funds in all counties in the State of Georgia, having a population of not more than six thousand nine hundred and seventy (6,970), nor less than six thousand nine hundred and forty (6,940) according to the Federal Census of 1940 and all future census, are hereby authorized and directed to pay to the sheriffs of said counties the sum of Fifty ($50.00) Dollars per month in addition to the fees and compensation now paid to said sheriffs, during the present national emergency and six months thereafter, because of the extra duties imposed on said sheriffs by the present national emergency. Sheriff's emergency compensation in certain counties. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 6, 1945. MADISON SUPERIOR COURT TERMS. No. 186. An Act to provide for holding four terms of the Superior Court of Madison County, in the Northern Judicial Circuit and to prescribe the time for holding the same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that from and after the passage of this Act that there shall be held in each year four terms of the Superior Court in and for the County of Madison, said State, in the Northern Judicial Circuit. Number of terms. Section 2. Be it further enacted, that the terms of said Court shall be held on the first Monday in March, fourth

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Monday in July, first Monday in September, and the second Monday in December in each year. Dates. Section 3. Be it further enacted, that the Judge of said Court shall only draw a Grand Jury for the March and September terms of said Court; provided, that the presiding Judge in his discretion may require the attendance of said Grand Jury at the July term of said Court and at the December term of said Court, or either of them, as the case may be, if the business of the Court may require it, but the Grand Jury shall not be required to perform any other service at said terms other than that with which said Jury shall be by the presiding Judge especially charged. Grand juries. Section 4. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 6, 1945. COBB COMMISSIONER'S CLERK'S SALARY. No. 187. An Act to amend an Act approved August 7, 1924 (Ga. Laws 1924, page 314), 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, as amended by an Act of the General Assembly approved January 29, 1943 (Ga. Laws 1943, pages 892-899), by amending Section 4 thereof with reference to the salary of the Clerk of the Commissioner; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. Section 1. That Section 4 of the Act approved August 7, 1924 (Ga. Laws 1924, page 314), as amended by an Act approved January 29, 1943 (Ga. Laws 1943, pages

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892-899), be amended by striking from Section 4 the following language: But said salary is not to exceed the sum of $2,100.00 per annum. so that said Section, as amended, shall read as follows: 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. Said salary for said Clerk is to be in full for compensation for his services, free from any perquisites of any kind or character. Said clerk shall perform 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 taxpayer of said county. Commissioner clerk. Salary. Duties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1945. COLUMBUS TERRITORIAL LIMITS EXTENDED. REFERENDUM. No. 188. An Act to amend the charter of the City of Columbus in the County of Muscogee; to extend the present corporate limits of said city so as to include therein certain territory in the County of Muscogee contiguous to and north, northeast, east, southeast and south thereof; defining the boundaries of such territory; providing for a referendum to be held in said city and in the territory proposed to be annexed to determine whether this Act shall go into effect; fixing the qualifications of voters in said referendum and providing for the declaration of the result thereof; providing penalties

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for illegal voting; providing that prior to the date when said territory would become a part of said city the proper city authorities may make assessments of property located in such territory for purposes of taxation so that taxation may become effective upon said territory actually becoming a part of said city, enact such tax ordinances and other ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said city; providing the voting qualifications of the inhabitants of said territory in general, special and primary elections held in said city next before the date of the actual inclusion of said territory within the corporate limits of the city; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the charter of the City of Columbus in the County of Muscogee be, and it is, hereby amended as follows: Section 1. That the present corporate limits of the City of Columbus hereinafter designated as city, be, and they are, hereby extended so as to include within said corporate limits that certain territory in the County of Muscogee contiguous to and north, northeast, east, southeast and south of such present corporate limits as is comprised within the following boundary lines, to-wit: Corporate limits extended. Beginning at a point on the present city limit line located at the southeast corner of Second Avenue and Thirty-eighth Street, which is the northwest corner of Block 15 of the North Highlands Land Improvement and Manufacturing Company Survey, and running thence North, along the east side of Second Avenue, to the north side of Fortieth Street, which is the southeast corner of Block 17 of said North Highlands Land Improvement and Manufacturing Company Survey; thence west to the west side of Second Avenue, on the north side of

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Fortieth Street, to the southeast corner of Block 7 of said North Highlands Land Improvement and manufacturing Company Survey; thence north, along the west side of Second Avenue, to the southeast corner of Lot 13 in Block 7 of said North Highlands Land Improvement and Manufacturing Survey; thence west, along the south side of said Lot 13 in Block 7, to an alley; thence north, along the east side of said alley, to the south side of Forty-second Street; thence west, along the south side of Forty-second Street, to a point, which point is due south of the southwest corner of Lot 1 of Block 18 of said North Highlands Land Improvement and Manufacturing Company Survey; thence due north, along the west side of said Lot 1 in Block 18, to the northwest corner thereof; thence northeasterly, along the west side of Block 10 of Sharp-Horne, North Highlands Park Survey, to Forty-third Street; thence northeasterly, across Forty-third Street and northeasterly along the west line of Lots 5 and 6 in Block 5 in said Sharp-Horne Survey, to Forty-fourth Street; thence west, along the south side of Forty-fourth Street, to a point south of the southeast corner of Lot 1 in Block 1 of the said Sharp-Horne Survey; thence north, along said line, across Forty-fourth Street to the southeast corner of Lot 1 in Block 1 of the said Sharp-Horne Survey; thence west, along the south line of said Lot 1 in Block 1 of the said Sharp-Horne Survey, to the southwest corner thereof; thence north, along the west of rear line of Block 1 of the said Sharp-Horne Survey, to the northwest corner thereof, which line is the south line of a 50 foot street known as Forty-fifth Street; thence north 50 feet; thence east on a line 50 feet north of the south line of 45th Street, to a point of 1,150 feet east of the center line of Seventeenth Avenue extended, which point is 50 feet north of the south line of the Yarbrough Road (a prolongation of Forty-fifth Street) and immediately northwest of the east intersection of the south line of the Yarbrough Road and the east line of the Woodruff Road; thence southeasterly in a straight line, to the point where lots 52, 53, 48 and 49 in the Eighth District of Muscogee County corner; thence east, along the line between said lots 48 and 49, for a distance of 2,230 feet, to a point;

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thence south 2,230 feet to a point; thence west 1,050 feet, more or less, to a point, which point is 1,200 feet east of the center line of Hilton Avenue; thence south to the south line of Lot 50 in said Eighth District, which point is also 1,200 feet east of the center line of Hilton Avenue; thence southeasterly, in a straight line, to an iron on the south side of the Macon Road, which is the northernmost corner of the Briarwood Subdivision; thence south forty-nine degrees, thirty minutes east, 700 feet more or less, to the east line of Lot 93 of the Coweta Reserve; thence south along the continuation of the lot line aforesaid, to a point where the east line of Lot 89 of the Coweta Reserve intersects the north line of Andrews Road; thence along the north line of Andrews Road in a southwesterly direction, following the general curve of the North line of Andrews Road, to where same intersects the south side of the right-of-way of the Seaboard Airline Railroad; thence in a southeasterly direction along the general curve of the south side of the Seaboard Airline Railroad right-of-way, to a point where said south side of said Seaboard Airline Railroad right-of-way meets the mean high water mark line on the east bank of Bull Creek; thence southerly with the meanderings of said creek and along the mean high water mark line on the east bank of Bull Creek, to the south side of the Cusseta Road Highway Bridge, said point being in Lot 102 of the Coweta Reserve; thence westerly by south to a point where the east mean highwater mark line of Weracoba Creek meets the north side of the Super Highway to Fort Benning; thence with the meanderings of said Weracoba Creek and along the mean high water mark line on the south bank thereof to its meeting point with the north mean high water mark line on the north bank of Bull Creek; thence directly across Bull Creek to the mean high water mark line on the south bank of Bull Creek; thence with the meanderings of said Bull Creek and along the mean high water mark line on the south bank of Bull Creek to the Chattahoochee River thence directly across the Chattahoochee River to the mean high water mark line on the west bank thereof; thence northwesterly and westerly, along the mean high

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water mark line on the west (or south) bank of the Chattahochee River, to a point where it meets a line extended south from the east line of Tenth Avenue, which point is the present city limit line corner; thence, starting north and following the present city limit line in its various directions, to the point of beginning at the southeast corner of Second Avenue and Thirty-eighth Street. Section 2. That the inclusion within the corporate limits of said city of the territory above described shall not become effective until referendum elections held in said city and in said territory, in accordance with the provisions hereinafter set forth, have resulted in a vote favoring such annexation. Effective date. Section 3. That the Commission of the City of Columbus, at a regular or special meeting, shall, by adoption of a resolution to be effective immediately upon passage, submit to the qualified voters of the city, at a referendum election to be held as hereinafter provided and upon a day named in said resolution, the question of the inclusion of said described territory within the corporate limits of said city. Said election called by said Commission shall be held under the same rules and regulations governing general and special elections, and at the same place, as elections for members of said Commission are held. City referendum. Section 4. That the Ordinary of Muscogee County shall submit to the qualified voters residing within the territory above described, by giving the notice provided for in Section 9 hereof, the question of the inclusion of said territory within the corporate limits of said city by ordering a referendum election to be held on the same day as the city election above provided for. The Ordinary shall provide two polling places for voters in said territory, so located in said territory as the Ordinary

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may deem convenient for the voters therein. In locating said polling places the Ordinary shall designate a boundary line, and voters residing north of said line shall vote at the northernmost polling place, and voters residing south of said line shall vote at the southernmost polling place. He shall appoint three managers for each ballot box at said polling places, the managers to be sworn by the Ordinary or a Notary Public to manage said election. Voting booths shall be used at said polling places and the laws and regulations applicable to general county elections, and which are not in conflict with specific provisions of this Act, shall apply to said election. Contiguous territory referendum. Section 5. At said election in said territory proposed to be annexed, only qualified voters of said county who have continuously resided in said territory for at least three months next preceding the day of said election shall be permitted to vote. Qualifications of territorial voters. Section 6. That lists of the qualified voters in said territory proposed to be annexed shall be prepared, purged and supplemented in accordance with the provisions relating to general and special elections, as contained in Code of Georgia of 1933, Chapter 34-4, and other applicable statutes of Georgia; provided, that the preparation, purging and supplementing of said voters' lists shall be limited to voters residing in said territory proposed to be annexed. No person shall be a qualified voter in said election held in the territory proposed to be annexed whose name does not appear upon said list of registered voters in this section provided for. Territorial voters' lists. Section 7. In cases of challenge of any voter, or upon their own motion, the said managers or either of them may require any voter to swear that he has resided within the territory where he offers to vote continuously for three months next preceding the date of said election, and for this purpose said managers are hereby empowered to administer oaths. Territorial voter's oath. Section 8. The managers of said election in said territory proposed to be annexed shall, immediately upon the closing of the polls, count the ballots cast at the election,

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and shall deliver to the Ordinary the sealed ballot boxes, ballots, tally sheets and lists of voters. At or before noon of the day following said election, or as soon thereafter as practicable, the managers shall certify to the Ordinary the result of the election. Count of territorial ballots. Certification of result. Section 9. The two elections herein provided for shall be held within not less than ninety (90) days and not more than one hundred and fifty (150) days from the date of the approval of this Act by the Governor. The polls within the city and in the territory proposed to be annexed shall open at six (6) o'clock, A. M. and close at seven (7) o'clock P. M., Central War Time. After the passage of this Act and its approval by the Governor, and prior to the date of said elections, the City Clerk of said city shall cause the entire Act to be published one time in the newspaper in said city in which advertisements of sheriff's sales in Muscogee County are published. Notice of said election shall be published in said newspaper once a week for four weeks on any dates prior to the date of said elections. Said notice shall be a joint notice, signed by the Ordinary and the City Clerk of said city, and shall set forth the date of the elections, the hours for voting and the location of the polling places. A detailed description of the territory proposed to be annexed need not be set forth in said notice, but certified copies of this Act shall be kept on file by the Ordinary and the City Clerk prior to said elections, and such certified copies of the Act shall be subject to public inspection at all reasonable times. Time of elections. Notice. Section 10. The general form of ballot and the method of voting to be used in said two elections shall comply as nearly as practical with the form and method set forth in the Act of the General Assembly of Georgia approved March 20, 1943, contained in Georgia Laws 1943, pages 290 and 291. The ballot shall show the purpose of the elections by general reference to this Act, and shall have plainly printed thereon the words For Annexation and Against Annexation. Voters favoring annexation shall strike from the ballot the words Against Annexation, and voters opposing annexation

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shall strike from the ballot the words. For Annexation. Form of ballot. Section 11. The managers of the election held in the City of Columbus shall at noon of the day following said election, or as soon thereafter as practicable, certify to the Commission of the City of Columbus, at a regular or special meeting, the result of said election in the city; and the Mayor and Ordinary shall consolidate the total vote cast in said elections both inside the city and in the territory proposed to be annexed as hereinbefore provided, and if it shall appear that a majority of the total number of votes cast in said election (adding all votes cast inside and all votes cast outside the city together) favor annexation, then the Ordinary and Mayor shall make a joint proclamation of such results, and thereupon the corporate limits of the City of Columbus shall be extended on December 31, 1948, so as to include the territory within the boundaries hereinbefore described, and said territory shall on December 31, 1948, become a part of said City of Columbus and subject to all the laws and ordinances governing the same. The consolidation of the votes in said election and the proclamation of the Mayor shall be entered on the minutes of the Commission of said city and on the minutes of the Court of Ordinary of Muscogee County. Certification of city election. Consolidation of city and territorial votes. Joint proclamation. Effective date. Record. Section 12. That at the primary election and at the general election to be held in said city, for the nomination and election of members of the Commission of the City of Columbus, as well as any special election, held next before the date upon which said territory proposed to be annexed becomes part of the City of Columbus, those residents of said territory proposed to be annexed shall be qualified voters in said primary, in said general and special elections, upon the same terms and conditions, as to residence, registration and otherwise, as if said territory were on the days of said primary, general or special elections actually a part of said city. The city registrars in making up the list of qualified voters in said elections shall include the residents of said territory so qualified to vote as above set forth. Territorial voters qualified for city elections before annexation. Section 13. That the entire expense of the two elections

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herein provided for, to be held within the city and in the territory proposed to be annexed, shall be paid by the City of Columbus. The Ordinary shall certify to the Treasurer of the City the cost of holding the election in the territory proposed to be annexed, including reasonable compensation to the managers of said election and to the board of county registrars in purging and compiling the list of qualified voters in said territory, together with other reasonable expenses usually incident to elections. Expenses of two elections. Section 14. That should any person vote in said election who is not registered and qualified to vote, or shall vote at more than one polling place, or (in case of those voting in the proposed extension), who has not continuously resided in the territory where he votes for at least three months next preceding the day of the election, he shall be deemed guilty of illegal voting, and upon conviction thereof shall be punished as prescribed in section 27-2506 of the Code of Georgia of 1933. Illegal voting. Section 15. That if the combined vote of the two elections provided for herein is in favor of said annexation, then between the date of the proclamation of the result of said elections, and the date when said territory actually becomes part of said city, the proper city authorities may make assessments of property located in such territory for purposes of taxation, so that taxation may become effective upon said territory actually becoming a part of said city; enact such tax ordinances and other ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said city. Tax assessments. Ordinances. Section 16. That all laws or parts of laws in conflict with this Act be, and they are, hereby repealed. Approved March 6, 1945.

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FULTON CIVIL SERVICE BOARDMERIT SYSTEM. No. 189. An Act to amend an Act entitled An Act to create a Civil Service Board in Fulton County;..... and for other purposes, so as to provide a complete Merit System for employees of Fulton County (Ga. Laws 1943, p. 971), so as to provide that the Secretary of the Civil Service Board shall be paid a salary to be fixed by the Board, with the approval of the County Commission, the same to be not less than $4,200.00 per year; to amend the definition of Classified Service so as to include the officers and employees of the Police and Fire Departments of Fulton County; the County Agricultural Agent, the Home Demonstration Agent, and their assistants, stenographers, and clerks; to define the meaning of Head of the Department as used in classified service; to provide that the Secretary and/or Bailiff appointed by each Judge, other than Judges of the Civil Court, shall not be a classified employee; to increase the aggregate compensation which may be paid to Members of the Board in one year; to provide that temporary appointments and seasonal appointments shall be made only with the approval of the Civil Service Board and after certificates of eligibility; to provide that the County Commission may prefer charges against employees in the classified service; to provide a right of appeal to employees in all cases; to strike the provision if approved by the appointing authority in line 17 of Section 18; 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 entitled An Act to create a Civil Service Board in Fulton County;..... and for other purposes, so as to provide a complete merit system for employees of Fulton County (Ga. Laws 1943, page 971) be and is hereby amended as follows: Section 1. Section 4, subsection (5) of said Act is

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amended by striking said subsection in its entirety and inserting in lieu thereof the following: (5) The Secretary shall be paid such salary, not less than $4,200.00 per year, as may be fixed by the Civil Service Board with the consent and approval of the County Commission. Secretary's salary. Section 2. Section 3, subsection (3) of said Act is amended by striking the word twenty-four in the last line of said section and said subsection and inserting in lieu thereof the word fifty-two so that said section when so amended shall read as follows: (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 fifty-two days of service in any one year. Board members compensation. Section 3. Section 5, subsection (1) (f) of said Act is amended by striking the period at the end of said subsection and inserting in lieu thereof a comma and by adding thereto the following: Provided, however, the phrase, `Head of Department' as used in this section shall mean the executive head of a department who is directly responsible for forming policies, and who is vested with discretion as to his acts, being solely responsible for the administration of the department concerned. An employee performing purely functional or administrative duties, e.g., the Librarian, Clerk in charge of Court Cost Collections, and of Automobile Mileage, shall not be classified as the head of a department. Head of Department defined. Section 4. Section 5, subsection (1), (h) of said Act, is amended by striking the words of police, fire and in lines one and two of said section and subsection so that said Section 5, subsection (1) (h) when so amended shall read as follows: Section 5, subsection (1), (h) of Act of 1943 amended. (1) (h) Officers and employees in the Department

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of Education having their own Civil Service or Tenure Rules. Section 5. Section 5, subsection (1) (i) of said Act is amended by striking same in its entirety. Section 5, subsection (1) (i) of Act of 1943 stricken. Section 6. Section 5, subsection (1) (n) of said Act is amended by inserting before the word Personal in line one of said subsection, the word the; and by inserting after the word Secretary the words and/or Special Bailiff, not to exceed two employees in all; and by striking the word Civil; and by inserting a semicolon after the word County so that said subsection when so amended shall read as follows: Section 5, subsection (1) (n) amended. (1) (n) The Personal Secretary and/or Special Bailiff, not to exceed two employees in all, of any Judge of the Superior, Criminal, or Juvenile Court of Fulton County; and the official court reporters thereof. Section 7. Section 5, subsection (1) of said Act is further amended by adding thereto a new subsection to be known as subsection (p) as follows: (p) The County Attorney and all Assistant County Attorneys. County attorney and assistants. Section 8. Section 5, subsection (2) of said Act is amended by inserting after the comma after the word Department in line eight of said subsection, the words officers and employees in the Department of Police and Fire Department, the County Agricultural Agent, the Home Demonstration Agent and their assistants, clerks and stenographers and all, so that said section and subsection when so amended shall read as follows: 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, Adult Probation Officer, employees of the Sanitary Department, officers and employees in the Department of Police and Fire Department; the County Agricultural Agent, the Home Demonstration

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Agent and their assistants, clerks and stenographers, and all others not placed in the unclassified service. After the effective date of this Act, all appointments, employments, removals, promotions, demotions, transfers, lay-offs, reinstatements, 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. Officers and employees included in 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. Public welfare and health departments. Provided further that the Board shall be authorized to 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. Cooperative agreements with other merit systems. Section 9. Section 18 of said Act is amended by adding thereto the following new paragraph: The County Commission shall have the right to prefer charges against any employee in the Classified Service for violation of any Civil Service rule or regulation or any provision of this Act, in which case the employee against whom such charges are filed shall have an opportunity to answer the charges in writing within ten (10) days after written notice thereof, and to file with the Board affidavits in support of such answer. Thereafter, the proceedings shall be the same as in cases where

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disciplinary action is taken or charges are preferred by an appointing authority in accordance with the provisions of this Act. Charges against employees in classified service. Section 10. Be it further enacted that said Act be further amended by striking from Line 17 of Section 18 the words if approved by the appointing authority so that said Section 18 when so amended shall read as follows: Section 18. Removal. Any appointing authority may dismiss a subordinate in the classified service for cause, upon filing with the Board copy of written notice furnished the employee to be removed, setting forth in detail the reasons for such action, before the effective date of such removal. The dismissed employee shall have an opportunity to answer the charges in writing within ten (10) days, and to file with the Board affidavits in support of such answer. All papers filed in the case shall be subject to inspection by the persons affected. Such action of the appointing authority shall be final, except the Board may reinstate an officer or employee so removed in case it appears after proper hearing that the removal was made for personal political or religious reasons and not justified. The Board may, after proper investigation of the circumstances surrounding the dismissal and the fairness thereof, approve the transfer or reemployment of the employee involved either to the same position or to a lower position as the Board may direct. Provided, however, the Board within thirty (30) days from any action removing, demoting, suspneding or accepting the resignation of any officer or employee may on its own motion, or on the motion of any party, reopen the case and vacate, modify or revise its former order so as to lessen, but not increase, the penalty imposed, but after the end of such thirty (30) days, the Board shall not have any authority to reopen such case for any cause. Dismissal of subordinate. Reinstatement Transfer or Reemployment. Reopening of case. Section XI. Said Act is further amended by adding thereto a new section to be known as Section 18 (a) in the following language to-wit: Section 18 (a). Whenever an employee has been suspended, demoted, discharged, disciplined, or otherwise

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caused to suffer any loss in classification, grade or salary, such employee shall have the right of appeal to the Civil Service Board. This right may be exercised at any time within ten days from the date of such suspension, demotion, discharge or other disciplinary action by a request in writing for such hearing filed with the Secretary of said Board. Immediately upon the receipt of such request, the Secretary shall notify the members of the Board and call a meeting of the Board for proper hearing of the case. The Board shall proceed to hear all parties at interest and such evidence as may be introduced by any of them at the earliest practicable date after notice of the appeal has been filed. The filing by an employee of an answer to charges to the written statement filed by the appointing authority with the Board as provided in Section 18 above, without further formality shall be deemed a sufficient demand for a hearing. Appeal to Civil Service Board. Section 12. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and are hereby repealed. Approved March 6, 1945. WILLACOOCHEE, ELECTION OF MAYOR AND ALDERMEN. No. 190. An Act to amend an Act entitled an Act to create a new charter for the Town of Willacoochee, in the County of Coffee (now Atkinson County) and to consolidate and declare the right and powers of said corporation; etc., approved August 15, 1904 (Acts 1904, pp. 701-723) and all Acts amendatory thereto, by striking from said Act all of Section 3 in its entirety and by enacting a new Section 3 to provide that the mayor and two councilmen are to be elected on the third Saturday in December, 1945, shall hold office for two years and that three aldermen are to be elected on said date, shall hold office for one year and to provide for the election of their successors, so that the mayor and two

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aldermen will be elected at different times from the remaining aldermen; 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 Act entitled an Act to create a new charter for the Town of Willacoochee, in the county of Coffee (now Atkinson County) and to consolidate and declare the rights and powers of said corporation, etc., approved August 15, 1904 (Acts 1904, pp. 701-723) and all Acts amendatory thereto, be and the same is hereby amended by striking from said Act all of Section 3 in its entirety and by enacting in lieu thereof a new Section 3 to read as follows: Section 3. Be it further enacted, that the municipal government shall be vested in the mayor and board of aldermen, consisting of five members. Said mayor and aldermen shall be elected on the third Saturday in December, 1945, and the mayor and two aldermen so elected shall hold office for two years, or until his or their successors are elected and qualified. Thereafter the successors to the mayor and two aldermen elected for two years shall be elected on the third Saturday in December, 1947, and every two years thereafter. Three aldermen so elected in 1945 shall hold office for one year, or until their successors are elected and qualified. The successors to the three aldermen elected for one year term shall be elected on the third Saturday in December, 1946, and every two years thereafter, and the term of office shall be for two years, so that the mayor and two aldermen will be elected at different times from the three aldermen. Any male person shall be eligible to the office of mayor or alderman who is a bona fide resident of said town at the time of his election, and who shall have paid all taxes, except the year of election and is a qualified voter in said town. Mayor and aldermen. Elections and terms of office. Qualifications. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby amended. [sic] Approved March 6, 1945.

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COLUMBUS BOARD OF EDUCATION. No. 191. An Act amending the charter of the City of Columbus in the County of Muscogee, such amendment relating to the existing independent public school system of said city; providing that the Board of Trustees of the Public Schools of the City of Columbus shall hereinafter be known as Board of Education of Columbus, Georgia, and the superintendent of said school system shall be known as Superintendent of Education; empowering said city, through the Board of Education, to establish and maintain junior colleges as part of its existing public school system; constituting the Board of Education as the board of trustees of the public library of said city; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the charter of the city of Columbus in the county of Muscogee be, and it is, hereby amended as follows: Section 1. The Board of Trustees of the Public Schools of the City of Columbus, which board is in charge of administering the existing public school system of said city, shall hereafter be known as Board of Education of Columbus, Georgia; and the superintendent of said school system shall hereafter be known as Superintendent of Education. Official names of Board and superintendent. Section 2. The City of Columbus, through said Board of Education, is hereby empowered to establish and maintain junior colleges as part of said school system, with full power to support and maintain such junior colleges through taxation, as said existing system is now supported and maintained. Said city may also receive, and may administer through said Board, donations for the support and maintenance of said junior colleges. The Board of Education may admit to said junior colleges non-residents of said city, charging such fees therefor as said Board, in its discretion, may deem proper. Junior colleges.

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Section 3. The Board of Education of Columbus, Georgia, is hereby constituted the board of trustees of the public library of said city, and of such other public library or libraries as the city or said board may hereafter establish. Separate meetings of said Board for administering the affairs of said libraries and for administering the affairs of said public schools shall not be required, it being the intention hereof to make said libraries part and parcel of said city school system. Public library trustees. Section 4. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 6, 1945. SYLVANIA SCHOOLS. No. 192. An Act to amend an Act entitled An Act to amend, consolidate, and supersede the several Acts incorporating the City of Sylvania in the County of Screven; to create a new charter and municipal government for said city; to declare the rights and powers of such corporation, and for other purposes, by authorizing the creation of a public school system in said City; to provide for a board of trustees of same; defining their powers and duties; authorizing the levying and collections of local school maintenance tax by the Mayor and Council; the issuance of school bonds by the City; the payment of public school funds direct to the Board of Trustees and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act, the above entitled Act approved August 17, 1909, be and same is hereby amended by adding the following sections: Act of 1909 amended. Section 2. Be it enacted by the authority aforesaid, that the Mayor and Council of said city may, and they shall have the power and authority, to create and maintain in the said City of Sylvania, a system of schools, by

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passing a resolution adopting this Act, at any special or regular meeting of said Mayor and Council, notice of which meeting, and the purpose of which shall be advertised for two weeks next preceding said meeting in the Sylvania Telephone, the newspaper in which the sheriff's advertisements are published. City school system authorized. Section 3. Be it further enacted, that the management and control of such school system, and all property of said system, shall be vested in a board of trustees, consisting of five qualified voters of the City of Sylvania, and who shall be elected for a term of two years. The present board of trustees of the Sylvania School District, to wit, J. A. Mills, Jr., Dr. J. C. Cail, Dr. W. H. Bennett, W. H. McElveen and C. H. Waters, shall constitute said board of trustees, until the first Thursday in January, 1946, and until their successors are elected and qualified. There shall be an election of a board of trustees on the first Thursday in January 1946, and each two years thereafter, at the same time, under the same rules and regulations, and by the same voters qualified to vote in the election of other city officers, at which the Mayor and Council for said City is elected. Board of trustees. Elections. Section 4. Be it further enacted, that said Board of Trustees shall have the authority to recommend to the Mayor and Council of the City, and it shall be the duty of the Mayor and Council to levy a tax so recommended, in addition to the tax now authorized by law, an annual tax, not to exceed five mills, on real and personal property, and any other property taxable under State laws, located in the City of Sylvania, for the purpose of establishing and maintaining a system of public schools in said City; provided that should the constitutional limitation for school purposes be raised by amendment to the Constitution, or the adoption of a new constitution, then, upon recommendation of the board of trustees, it shall be the duty of the Mayor and Council, to levy such tax so recommended, not exceeding such constitutional limitation; provided further, that the money so raised shall be used for school purposes as herein set forth. School tax. Section 5. Be it further enacted, that the Mayor and

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Council are authorized and empowered to issue bonds, upon the recommendation of said Board of Trustees, for the purposes of building, repairing and establishing school buildings, or units, which said sums shall be turned over to said Board of Trustees, for said purposes; and that the said Mayor and Council shall have the authority to fix the maturity dates, denominations and rate of interest of said school bonds; provided, that no such bonds shall at any time be issued without a majority vote of the qualified voters of the City of Sylvania, at an election, of which thirty days notice shall be given in the newspaper in Screven County, Georgia, in which the sheriff's advertisements are published, which said election shall be held under the same rules and regulations as elections for city officers are held, and the qualification of voters at said election shall be the same. School building bonds. Referendum. Section 6. Be it further enacted, that all funds raised by taxation or the issuance of bonds, under this Act, shall be kept in a separate account, and paid out only on the order of said Board of Trustees. Separate account. Disbursements. Section 7. Be it further enacted, that there shall be maintained for at least nine scholastic months in each year, one or more schools for white children, and one or more schools for colored children. All children of school age, who are entitled to the benefit of public school funds under the laws of this State, and who are bona fide residents with their parents, guardian or natural protectors, and in the event they have no parents, guardians or natural protectors, are themselves residents, of the City of Sylvania, shall be admitted free to said schools. 9 months' school. Free to whom. Section 8. Be it further enacted, that said board of trustees shall have authority to employ teachers, and other needed employees, in said school system, fix their salaries, and make rules for the governing of themselves, the teachers and employees, and the pupils in said schools; to make and prescribe grades and studies therein, not in conflict with the laws of this state, or rules and regulations of the State Board of Education. Said board of trustees shall have the sole and exclusive right to contract

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with teachers and other employees of said school system. Authority of board. Section 9. Be it further enacted, that all State school funds to which the children, on a pro rata basis, who shall attend said schools, or who are residents of said City of Sylvania, as herein provided, shall be paid over to said Board of Trustees directly by the State Board of Education, and in the event any of said funds shall come into the hands of the County Board of Education, or the Superintendent of Schools of Screven County, Georgia, then said funds shall be immediately, by them, delivered to said board of trustees. State school funds. Section 10. Be it further enacted, that it shall be the duty of the Mayor and Council of the City of Sylvania, to collect all taxes levied as hereinbefore provided, and they shall have authority to enforce collection of same as in case of other taxes; that said funds shall be kept in a separate account, and shall be subject to the order of said board of trustees. School tax. Section 11. Be it further enacted, that all laws or parts of laws in conflict herewith be, and they are hereby repealed. Approved March 6, 1945. COLUMBUS TAXATION. No. 193. An Act to amend the charter of the City of Columbus, Georgia, as said charter has been heretofore amended, this following amendment conferring power and authority upon said city to levy and collect, for the purpose of paying the ordinary current expenses of said city, an ad valorem tax upon all property within said city, subject to taxation, of not exceeding nine (9) mills upon the value of said property for the years 1946, 1947, 1948, 1949 and 1950, and an ad valorem tax, for such purpose, of not exceeding eight (8) mills annually thereafter; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the charter of the City of Columbus, Georgia (approved November 29, 1890) as amended by Act of the General Assembly of Georgia approved February 24, 1941 (contained in Georgia Laws 1941, pages 1275-1277) be, and it is, hereby amended by striking all of the second paragraph of Section 1 of said Act approved February 24, 1941, which paragraph relates to and authorizes the levy and collection of taxes to pay the ordinary current expenses of said city, and is known as Section XV-A2 of said charter approved November 29, 1890, and enacting in lieu of said paragraph so stricken a new paragraph, to be known as Section XV-A2 of said charter approved November 29, 1890, and to read as follows: Section XV.-A2. That for the purpose of paying the ordinary current expenses of the City of Columbus, Georgia, as such term `ordinary current expenses' is defined in Section 92-4102 of the Georgia Code of 1933, said city is hereby empowered and authorized to levy and collect, under any new ordinance or by amendment to existing ordinance, an ad valorem tax upon all property within said city, subject to taxation under the laws of Georgia, said levy not to exceed nine (9) mills upon the value of said property for each of the years 1946, 1947, 1948, 1949 and 1950, and an ad valorem tax, for such purposes, not to exceed eight (8) mills annually thereafter. Tax for ordinary current expenses. Section 2. That all laws or parts of laws plainly in conflict herewith are hereby repealed; but all powers of taxation granted said city under its own charter or under the general laws of the State, and not specifically limited hereby, are preserved. Repealing clause. Powers preserved. Approved March 6, 1945.

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BIBB OCCUPATION TAXESBUILDING REGULATIONS. No. 194. An Act to amend an Act approved February 6, 1873, appearing on pages 219, et seq., of the published Acts of the General Assembly of Georgia of 1873, and captioned: An Act to establish a County Board of Commissioners for the County of Bibb; to define its duties; and for other purposes therein named, and Acts amendatory thereof, so as to vest in said county board of commissioners for the county of Bibb, in addition to powers, and authorities heretofore conferred upon said board, the power and authority to levy license and specific or occupation taxes on all those who transact or offer to transact business in said county other than within the incorporated limits of an incorporated town or city, and to provide for the collection thereof; and to fix penalties for those who transact or offer to transact business in said area without first obtaining a license therefor; to authorize and empower said county board of commissioners to pass all necessary ordinances or rules regulating buildings, fences, and other similar structures within Bibb County and other than within the incorporate limits of an incorporated town or city, including the right to require anyone within said area before erecting a building, fence, or other similar structure to obtain a permit from said county board of commissioners, and to pay therefor a reasonable fee, and also to pay the reasonable costs of necessary inspection; and to provide for the expiration of said act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act approved February 6, 1873, appearing on pages 219, et seq., of the published Acts of the General Assembly of Georgia of 1873, and captioned, An Act to establish a county board of commissioners for the County of Bibb; to define its duties; and for other purposes therein named, and Acts amendatory

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thereof, be and the same is hereby amended by including therein the following provision, to-wit: 1. Said county board of commissioners for the County of Bibb is authorized and empowered to levy such licenses and specific or occupation taxes on all those who transact or offer to transact business within said county and other than within the incorporated limits of an incorporated town or city, as said County Board of Commissioners may deem expedient or necessary for the safety, benefit, convenience, or advantage of said County, and the citizens thereof; to classify businesses or occupations for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses before engaging in business or offering to transact business in such area; to compel the payment of such licenses and taxes by execution or in any other lawful manner, and to make all suitable laws and regulations necessary and proper to the carrying out of the powers herein conferred, and to prescribe suitable penalties for violations thereof, without in any way limiting other methods by which the payment of such licenses may be enforced, it is enacted that the same may be enforced as provided in Section 92-3907; Section 92-3908; Section 92-3909; and Section 92-3910, of the Code of 1933 relating to collection of licenses for the exhibition of shows, etc. Licenses and occupation taxes outside of cities. 2. Said Board is further authorized and empowered to pass necessary rules and ordinances regulating buildings, fences, and similar structures within the limits of said county and other than within the incorporated limits of an incorporated town or city, and to require a permit from said County Board of Commissioners for the erection of any building, fence, or similar structure where in the opinion of said County Board of Commissioners the erection of any such 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

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and standards adopted by said Board of County Commissioners, and said Board is further empowered to require the payment of such reasonable fees as may be fixed by the Board for the issuance of such permit and the expense of necessary inspection for the purpose of seeing that such rules and regulations are complied with. Regulation of structures outside of cities. (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 therefor shall be subject to a fine not exceeding $50.00 or imprisonment, not exceeding thirty (30) days, either one or both, in the discretion of the presiding judge. Section 2. The provisions of subsection 1 of Section 1 of this Act respecting the levying of license, specific or occupation taxes shall affect all those who transact or offer to transact business within the defined limits for any portion of the years 1945, 1946, 1947, and/or 1948, and shall remain in effect until January 1, 1949 and no longer. The remaining provisions of this Act shall be and remain in effect until repealed. Periods covered by Acts. 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 6, 1945. AUGUSTA FIREMEN'S COMPENSATION. No. 195. An Act to provide that, while not fixing a ceiling, the minimum salaries or wages that shall be paid officers and men on the Fire Department of the city of Augusta, shall not be less than those fixed on July 1st, 1944; to repeal conflicting laws; and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act the minimum wages or salaries of the officers and men of the Fire Department of the city of Augusta, shall be not less than those fixed and in force on July 1st, 1944; provided, nevertheless, nothing herein contained shall be construed to prevent the appropriate authority of the city of Augusta to increase said salaries or wages from time to time. Compensation of Fire Department officers and men. 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 6, 1945. RICHMOND BOARD OF EDUCATION BUDGET. No. 196. An Act to require the County Board of Education of Richmond County to provide for and establish an annual budget as to its anticipated income and expenditures; to regulate and control the expenditures of funds of said board of education; to provide for penalties for violations of this act; to repeal laws in conflict herewith, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. In addition to the existing provisions of law in reference to the County Board of Education of Richmond County, there is hereby created and established a Budget Commission, consisting of the Secretary of said Board and the members of the Finance Committee of said Board, with the president of said Board as ex-officio member thereof, as the same may be comprised from time to time. Budget commission. Section 2. On or before July 15, 1945, and on or before July 15 of each year thereafter, the Budget Commission

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shall estimate the total amount of revenue of said County Board of Education for the entire current fiscal year, commencing on the previous July 1st, designated also as the Budget year in this Act, and shall submit its estimate along with a tentative appropriation resolution to the County Board of Education, filing the same with the Secretary of said Board. Estimate of revenue. Tentative appropriation resolution. Section 3. The estimates of revenue shall include only an estimate of: (a) Receipts from current taxes based on assessments of real and personal property, excluding taxes based upon assessments made through the office of the Comptroller General of the State of Georgia. This estimate shall be made up by first establishing the amount of such school taxes actually collected in the Budget year preceding the current Budget year, then calculating the proportion which the amount collected in such preceding Budget year bears to the total digest for the preceding calendar year. The amount of estimated receipts from taxes on real and personal property for the budget year shall be determined at no greater proportion of the tax digest for the current year than the proportion established between actual collections and the amount of the tax digest for the preceding year; provided that the estimate of receipts may be revised in accordance with this section by the Budget Commission when the tax digest for the budget year is made up and established. Contents of revenue estimate. (b) Receipts from executions on real and personal property to be estimated by first finding the total amount of such executions, not more than seven years old, outstanding at the beginning of the Budget year preceding the current budget year, and then establishing the proportion that the amount collected in cash from such executions during said preceding Budget year bears to the total amount of executions outstanding at the beginning of said preceding Budget year. The estimate of receipts for the budget year shall then be made at no larger proportion of the total amount of such executions outstanding at the beginning of the Budget year.

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(c) Receipts from all other sources, except from special grants and other non-recurring income, but including taxes based upon assessments made through the office of the Comptroller General of the State of Georgia, and State of Georgia appropriations, whether through legislative act or executive order and Federal funds which have then been allocated for the current Budget year, estimated at no more than the amount in dollars received in cash from such sources during the Budget year preceding the current Budget year. Section 4. The budget shall contain appropriations for: (a) The sums necessary to pay the interest on the bonded debt of said County Board of Education and interest on the notes issued by said Board. Appropriations. in budget. (b) The sums necessary to pay the principal of all bonds maturing in the Budget year. (c) Such amount as may be necessary to retire at least one-tenth of the current indebtedness of the County Board of Education of Richmond County, outstanding on the 1st day of July 1945. (d) The sums, if any, to be paid into the sinking fund by the terms of any provision of law in respect to issuance of bonds. (e) Deficiency appropriations, if any, which are required to be made pursuant to Section 10 of this Act. (f) Other contract obligations. (g) The cost of operation of the schools in the Richmond County School System, including teachers' salaries; salaries of officers; salaries of employees and expense incident to the operation of said school system. (h) Any other purpose for which said Board may legally appropriate money. The estimates of revenue provided by Section 3 and the tentative appropriations provided by Section 4 of this Act shall constitute the final budget and the same

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shall be binding upon the said County Board of Education and all of its officers and employees. Final budget. Section 5. In the event of an increase in the digest of real and personal property, when finally made up and established, or an increase in the tax rate, or an increase in the schedule of charges and the like, the Budget Commission may revise its budget, and considering assessments, tax rates, and charges and the like for the previous year, may apply the new rates and adjust its estimates in proportion thereto. Revision of budget because of increased taxes. Section 6. Extraordinary receipts or receipts from sources not included in the estimate of receipts as provided in Section 3 above, shall be available for appropriation at any time subsequent to their actual receipt, but the amount of such receipts shall not be included in estimating revenue in the budget for the ensuing year, except in the case of new sources of revenue created by law or resolutions, the operation of which shall continue in or which shall be re-enacted for such ensuing year. Extraordinary receipts. Section 7. Should the income of the said County Board of Education be decreased by law, either by Act of the General Assembly of Georgia, or the said Board of Education, it shall be the duty of the said Budget Commission immediately to adjust its budget to comply with such decreased revenue. Except as herein expressly authorized, the total expenses incurred and appropriations made by said Board of Education in any year shall never exceed the total revenue estimated for that year as provided for in Section 3 of this Act, and as thereafter reduced as provided in this Section. Adjustment of budget to comply with decrease in revenue. Section 8. The Secretary, and the members of the County Board of Education shall be individually, jointly and severally liable to the County Board of Education to repay any amounts appropriated or expenses incurred in excess of said budget limits when present at the voting of the same, except such of them who vote in the negative and have their names so entered upon the Minutes of said Board. Suit may be brought against the Secretary and members of said Board in any court of competent jurisdiction of this State by any resident of

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Richmond County, suing in the name of and for the use of the County Board of Education, to recover amounts appropriated or expenses incurred in violation of this Act. Board members' liability for exceeding budget. Section 9. Any unencumbered balance at the beginning of any year after the effective date of this Act, in excess of all outstanding obligations payable, and exclusive of the balances of trust or other special funds, shall be available for appropriation at any time after the amount of such excess shall have been determined by the Budget Commission, and certified to the County Board of Education. Appropriation of unencumbered balance. Section 10. If at the end of any year after the effective date of this act, the total expenditures of such year, including obligations payable though not yet paid, shall be in excess of the actual cash receipts of such year applicable to such expenditures, then there shall be a deficiency appropriation in the budget for the immediate ensuing year for the amount of such excess, and, if the budget for such ensuing year shall already have been adopted when such excess becomes apparent, it shall be immediately revised to include such deficiency appropriation. Deficiency appropriation. Section 11. No money shall be paid from funds belonging to the County Board of Education, nor any obligation or contract for the payment of any money incurred except in accordance with an appropriation duly made, nor in excess of the unencumbered balance of such appropriation. Said Board may at any time appropriate any portion of the revenue for the year for which the budget is made and established as provided in Sections 3 and 7 of this Act, which shall not theretofore have been appropriated; and transfers of appropriations, except appropriations for debt service deficiencies or other contract obligations, from one department or purpose to another, may be made by said Board by a two-thirds affirmative vote by all members elected to said Board, with the Secretary of said Board, who shall have a vote upon all questions arising under this Act. Obligation incurred according to appropriations. Transfer of appropriations. Section 12. Money received by said Board from the

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sale of bonds may be appropriated from time to time by the said Board of Education for the purposes for which said bonds were issued, anything else herewith to the contrary notwithstanding. Appropriations from bond sales. Section 13. In case of conflagration, flood or other disaster, the said Board of Education may, by proper resolution, in which the name of the disaster be sent forth, passed by an affirmative vote of two-thirds of all the members elected to same, including the Secretary of said Board, appropriate such sums of money that may be necessary, provided the amount of such appropriation shall be included in the budget for the next fiscal year beginning more than three months after the date after the adoption of such resolution unless the expenditures authorized by such resolution shall have been in the meantime financed by a bond issue. Appropriations in case of disaster. Section 14. Any person violating any portion or section of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months, or by a fine of not less than Two Hundred and Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or by both fine and imprisonment in the discretion of the Court. Penalty for violation. Section 15. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 6, 1945. GAINESVILLE ZONING. No. 197. An Act to amend the Act approved February 28, 1877 (Georgia Laws 1877, p. 163) as amended on August 15, 1922 (Georgia Laws 1922, pp. 834-867) and all amendments thereof, providing a charter for the City of Gainesville and prescribing the jurisdiction, powers

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and duties of the governing officials of said city by vesting the Commissioner of the city of Gainesville with authority to pass zoning and planning laws for said city, to enforce the same; 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 the Act approved February 28, 1877 (Georgia Laws 1877, p. 163) as amended August 15, 1922 (Georgia Laws 1922, pp. 834-867) and all amendments creating and establishing a charter for the City of Gainesville, prescribing the jurisdiction, powers and duties of the governing officials of said city, be and the same are hereby amended by adding the following provisions, to-wit: The City Commission of the City of Gainesville or such other governing authority or authorities thereof as may hereafter be constituted, shall, in addition to any and all other powers or duties now vested in them, have the power and authority to pass and enforce zoning and planning laws or ordinances with respect to said city, and shall have power to prescribe and regulate the use for which such zones or districts, as may be set apart, fixed or established, shall be used and enjoyed by the owners of property therein, and the manner in which real estate in such zones or districts may be improved or developed, and to enact such laws, ordinances, rules or regulations with respect thereto as the general welfare, public health, or public safety shall authorize or demand. Zoning and planning authorized. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 6, 1945. CARROLLTON CHARTER AMENDMENTS. No. 198. An Act to amend the Act establishing a new charter for

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the City of Carrollton approved September 9, 1891, and all Acts amendatory thereof, amending said charter to provide: for the method of taxing property not returned in said City; to provide for partial payment or prepayment on city taxes pending for any current year of any taxpayer; to provide for closing date of registration of voters' list of said City; the election and qualification of the Mayor and City Councilmen; 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 charter granting corporate authority to the City of Carrollton, Georgia, heretofore shall be amended, revised and changed as hereinafter provided and set forth. Charter amended. Section 2. That the Mayor and four councilmen shall be elected by the duly registered and qualified voters of said City from the qualified residents of said City at large without regard to place of residence, or with reference to any ward in said City. The purpose being that the Mayor and each Councilman shall be bona fide residents of said City and qualified for the office regardless of whatever part of said City each may so reside, and to restore the election of the Mayor and City Councilmen as provided in the Acts of 1891, granting charter to said City. Mayor and councilmen Election. That the candidate receiving the highest number of votes polled in any primary, nomination or election on the date as now prescribed or herein prescribed by law to be held shall be declared the nominee, or elected to the respective offices. Section 3. That the next general election shall be held on the first Saturday in October, 1945, and biennially thereafter; the Mayor and each councilman in said next regular primary who are elected shall be elected for a full term of two years. Election. Term of office. Section 4. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted

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by the authority aforesaid that no person shall be eligible to the office of the Mayor of the City of Carrollton unless he shall have attained the age of thirty years and is a citizen of the United States, a freeholder and shall have resided in said City of Carrollton two years continuously immediately preceding his nomination or election. Qualifications. No person shall be eligible to the office of councilman unless he shall have attained the age of twenty five years, a freeholder, and a citizen of the United States and shall have resided within said City of Carrollton twelve months continuously immediately preceding his election or nomination. Each of the aforesaid officers shall have paid all of his taxes due and demanded of him by the State and County, and the City of Carrollton, except for the year in which said election shall be held, and who shall have paid all legal assessments, license fees and business taxes required of him or her for either of the aforesaid offices. Section 5. Be it further 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 any taxpayer, person, firm or corporation having due, or becoming due, taxes payable to the City of Carrollton in any year may pay said taxes quarterly, or semi-annually, or any part of his annual taxes, using the amount of his taxes as assessed for the prior year as a basis. When any taxpayer so elects to make payment prior to due date of his city taxes due the City of Carrollton the Clerk of the City of Carrollton is hereby authorized to issue a written receipt to said taxpayer, setting forth the amount so paid and credit same on the tax account of said taxpayer for the year in which said payment shall be made; on said due date on which all taxes become annually due said City of Carrollton, the Clerk shall accept said receipt, or receipts, from the taxpayer upon presentation and return of said receipt heretofore issued to said taxpayer and credit said amount on said annual tax receipt, or deliver said annual tax receipt to said taxpayer, marking same paid in the event

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full payment had been made. The purpose being to enable the City of Carrollton to accept prepayment of taxes due, or to become due in order to permit the City of Carrollton to operate as nearly as possible on cash basis but it is in no wise intended to extend, or change the due date of taxes due said City which are due and payable annually on the 20th day of December of each year. Further, the granting of partial payment on the annual taxes of any such taxpayer is in no wise to restrict the Mayor and City Councilmen as to levy of assessment made for any year, it is only to enable the taxpayer to make prepayment and have an accounting on the payment of the final assessment when the rate has been duly fixed and the tax receipts properly issued, at which time the taxpayer shall have the right to have credited on his annual tax receipt such prepayment if any has been made. Partial prepayments of taxes. Be it further enacted that all taxes shall be declared to be due the said City on the 20th day of December of each year and shall bear interest at the rate of seven per centum (7%) per annum from said date if not paid. It shall be the duty of the Clerk to issue tax fi. fas. on all taxes not paid on said date and on the first day of January of the succeeding year to deliver all said tax fi. fas. which have been issued for taxes so due said City to the Marshal of said City for collection, including the cost of fi. fas., fifty cents (50) each. All of said tax fi. fas. so issued and delivered to the Marshal shall be delivered under written receipt from the Marshal, setting forth the name of each taxpayer, and the amount of taxes due thereon, and when said tax fi. fas. are so delivered the receipt for said fi. fas. so delivered shall be signed by the said Marshal and kept on file in the Clerk's office and there remain. When each of said tax fi. fas. are paid and delivered it shall be the duty of the

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Marshal to make a return to the Clerk's office of the amount so collected, at which time the Clerk should credit, mark, or cancel said name from the list of unpaid tax fi. fas. held in his office. Due date. Interest. Fi. fas. Be it further enacted, that the Marshal, or any other officer to whom said tax fi. fas. have been delivered shall within seventy days thereof make a written report to the Mayor and City Councilmen on each of said fi. fas. in his hands, showing all collections on any and all fi. fas. that shall be turned over to him and he shall make weekly written reports thereafter to the Clerk of the Mayor and City Council of Carrollton which shall be kept on file in the Clerk's office. Section 6. Be it further 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 Clerk of the Mayor and City Council of Carrollton shall open and keep a book for the registration of voters as a permanent record in his office as now required by law; yet, the registration list shall be closed prior to any general or special election or primary sixty days prior thereto and no person shall be permitted to vote on any such general, special or regular election or primary unless his or her name appears upon said registration record, having been properly registered thereon in sufficient time as herein provided. Registration of voters. Section 7. Be it further enacted, that the Board of Education of the City of Carrollton shall determine as early as practical, after the beginning of each scholastic year, the amount of money that will be necessary to defray the expenses of running said public schools for the ensuing scholastic year, and shall lay the same before the Mayor and City Council of Carrollton. The Mayor and City Council of Carrollton shall in its discretion proceed to levy and collect such amount as it may deem necessary by levy and collection of same as other taxes are collected, and provided that the rate of taxation under this Act shall not exceed eighty-five one-hundredths of one per centum when the Mayor and City Council of Carrollton, through its collecting officer, shall be required to

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pay the same over to the Treasurer of the Board of Education of said City from time to time as necessary for the operation of said schools which shall then constitute a fund to be expended by said Board in payment of all legitimate expenses in running, operation and maintenance of said schools. Board of education's estimate for Mayor and Council. School taxes. Section 8. Be it further enacted, that all laws, or parts of laws in conflict with this amendment are hereby expressly repealed. Approved March 6, 1945. BARROW SUPERIOR COURT TERMS. No. 199. An Act to amend an Act entitled An Act to provide for holding four terms a year of the Superior Court of Barrow County; to prescribe the time for holding the same; to prescribe when and how Grand Juries shall be required to attend said court; to repeal conflicting laws; and for other purposes to provide for a change in the terms of the Superior Court of Barrow 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 the Act approved March 27, 1941, entitled An Act to provide for holding four terms a year of the Superior Court of Barrow County; to prescribe the time for holding the same; to prescribe when and how Grand Juries shall be required to attend said court; to repeal conflicting laws; and for other purposes, be, and the same is hereby amended by striking Section 2 of said Act appearing in the Georgia Laws of 1941, pages 607-608, and inserting in lieu of said Section 2 so stricken a new Section 2 reading as follows: Section 2. Be it further enacted that the terms of said court shall be held on the third and fourth Mondays in February and August of each year and on the first Mondays in May and November of each year. Barrow Superior Court terms.

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Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 6, 1945. ATLANTA DEPUTY RECORDER. No. 200. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of Georgia, as follows: Section 1. The Act approved February 28, 1874, establishing a new charter for the City of Atlanta and the several Acts amendatory thereof, as set forth in the official Code of the City of Atlanta of 1942, is amended by striking Section 10-109 of chapter 10 of said official Code and inserting in lieu thereof a new paragraph, to be known as Section 10-109, which shall read as follows: Section 10-109. There is hereby created the position of Deputy Recorder of the Recorders' Court of the City of Atlanta, whose duties are to serve as the senior clerk to both divisions of the Recorders' Court and shall have power to act as Recorder in the absence or the disqualification of either of the Recorders. In the absence of both Recorders and the Deputy Recorder, the Mayor shall designate some competent person to preside in either or both divisions. Said Deputy Recorder shall be appointed by and serve at the pleasure of a committee, consisting of the Mayor and the two Recorders, or a majority of said committee. His compensation shall be Three Hundred ($300.00) Dollars per month, with the authority of the Mayor and General Council to either reduce or increase said salary. The Deputy Recorder herein provided for shall be a licensed attorney at law, admitted to practice in the Superior Courts of this State. Deputy recorder of recorder's court.

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Section 2. Any and all laws or parts of laws in conflict herewith are hereby repealed. Approved March 6, 1945. FITZGERALD AND BEN HILL AIRPORT COMMISSION. No. 203. An Act to create and establish a joint Airport Commission for the City of Fitzgerald and County of Ben Hill; to designate the name of such Commission and fix and prescribe the number, qualifications, manner of appointment and term of office of the members thereof; to fix and prescribe the powers, duties and authority of said Commission; and for 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 be, and is hereby, created, set up and established a joint airport commission for the City of Fitzgerald and the County of Ben Hill to be known as the Fitzgerald Airport Commission for the purposes and with the powers, duties and authority hereinafter set out. Commission established. Section 2. Be it further enacted by the authority aforesaid that said Commission shall be composed of three members, two of whom shall be aldermen of the City of Fitzgerald to be designated and appointed by the Mayor and Council of the City of Fitzgerald, and one of whom shall be a member of the Board of Commissioners of Roads and Revenues of the County of Ben Hill to be designated and appointed by that body, such members so appointed by the Mayor and Council and the Board of Commissioners of Roads and Revenues to serve for the calendar year in which appointed or until their successors are named and appointed. The Mayor of the City of Fitzgerald and the Chairman of the Board of Commissioners of Roads and Revenues of the County of Ben Hill shall, by virtue of their offices and during their tenure in office

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as such, be ex-officio members of said Commission and shall serve in an advisory capacity without voting power. Members. Exofficio members. Section 3. Be it further enacted by the authority aforesaid that said Commission shall have the management, supervision and control of any airports or landing fields owned jointly by the City of Fitzgerald and the County of Ben Hill and shall direct and control the construction, equipment, improvement, maintenance and operation thereof, including the adoption and enforcement of rules and regulations and the fixing and establishing of charges, fees and tolls for the use of such airports or landing fields. Authority of Commission. Fees and tolls. Section 4. Be it further enacted by the authority aforesaid that said Commission, by and with the consent and approval of the Mayor and Council of the City of Fitzgerald and the Board of Commissioners of Roads and Revenues of the County of Ben Hill, is authorized and empowered to make and enter into contracts for the construction, development, equipment, improvement, maintenance and operation of any such airports or landing fields, provided, however, that no contract obligating the City of Fitzgerald or the County of Ben Hill for the payment of any monies shall be entered into by said Commission without having been first authorized by resolution duly passed by the Mayor and Council of the City of Fitzgerald and the Board of Commissioners of Roads and Revenues of the County of Ben Hill and provided further that any contract obligating the expenditure of funds shall be a liability of the City of Fitzgerald to the extent of sixty per cent. and of the County of Ben Hill to the extent of forty per cent. of the total amount provided in said contract, and neither said City nor County shall be liable for the payment of more than its respective portion thereof. Said Commission shall have no authority to bind either the City of Fitzgerald or the County of Ben Hill for the payment of any sum of money unless and until the same shall have been authorized by the proper governing authorities of said City or County. Contract for construction, etc. of airport. Liability of city and county. Section 5. Be it further enacted by the authority aforesaid that said Commission shall have the right to lease

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or assign to private persons, firms, corporations, Governmental agencies or political subdivisions all or any portion of the space, area and improvements of and equipment on such airports or landing fields, provided that such lease be submitted to the governing authorities of said City and County and their approval obtained before its execution, and provided that the public is protected in its rightful, equal and uniform use of such airports or landing fields. Said Commission shall have no right to sell such airports or landing fields or any portion thereof, the right so to do being expressly reserved to the governing authorities of said City and County. Lease of airports. Approval of governing authorities. Section 6. Be it further enacted by the authority aforesaid that all fees, charges, tolls, rentals or other revenues derived from the operation or lease of such airports or landing fields shall be used by said Commission to meet in whole or in part the expenses of operation and maintenance of such airports or landing fields. In the event the revenue from the operation or lease of such airports or landing fields exceeds the expenses of operation and maintenance, such excess may, by and with the consent and approval of the governing authorities of said City and County, be used for further development, improvement or equipment of such airports or landing fields and if not so used shall be paid to said City and County in proportion to their respective interests therein. Expenses paid from tolls, etc. Excess of funds. Section 7. Be it further enacted by the authority aforesaid that said Commission shall have the control and expenditure of funds appropriated by said City and County for the construction, development, maintenance, improvement and operation of such airports or landing fields provided, however, that no funds appropriated by either the City or the County shall be expended until both the City and County shall have appropriated and deposited with said Commission its pro rata portion of the total appropriation. Control and expenditure of funds. Section 8. Be it further enacted by the authority aforesaid that said Commission shall keep separate books and accounts showing receipts from all sources and expenditures for all purposes and shall deposit all funds received

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by it, including appropriations made by said City and County and revenues from the operation or lease of such airports or landing fields, in a bank named as depository for either said City or said County. The Clerk of the City of Fitzgerald shall, by virtue of his office, be and serve as Clerk of said Commission. Books and accounts kept. Clerk. Section 9. Be it further enacted by the authority aforesaid that, if any section or portion of this Act be declared unconstitutional, the remaining sections or portions hereof shall not be affected thereby. Invalid parts. Section 10. 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 6, 1945. CORONERS' AND JURORS' FEES IN CERTAIN COUNTIES. No. 204. An Act to increase the fees of coroners, and jurors summoned by the coroner, for services in connection with the holding of inquests in counties having a population of not less than 25,055 and not more than 25,075, according to the United States Census of 1940 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 same. Section 1. That in all counties of the State having a population of not less than 25,055 and not more than 25,075 according to the United States Census of 1940, or any future census, the fees of coroners for summoning a jury and holding an inquest upon a dead body and rendering an inquisition shall be $15.00. Population. Fees of coroner. Section 2. That in all such counties the fee of a juror serving upon the coroner's inquisition shall be $2.00. Jurors' fees.

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Section 3. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 6, 1945. SUMTER PRIMARY ELECTIONS. No. 206. An Act to require candidates in primary elections for members of the General Assembly in Sumter County to specify the particular incumbent which they desire to oppose or succeed. To require the preparation of ballots accordingly; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act, any person seeking to qualify as a candidate in any primary for representative in the General Assembly from Sumter County shall specify the particular candidate or incumbent whom he desires to oppose or succeed. The candidate receiving a plurality of the votes cast for candidates for such office shall be declared the nominee therefor. Candidates shall specify opponent. Section 2. All ballots in such primary elections shall be prepared by listing the candidates to succeed each incumbent in separate brackets, and improper striking in one of said brackets shall not affect the validity of a ballot in the bracket or brackets properly marked. Ballots shall list candidates to succeed incumbent. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 6, 1945. SHERIFFS' COMPENSATION IN CERTAIN COUNTIES. No. 207. An Act to authorize and direct the authority having control of the expenditure of County funds and/or other proper officials in all Counties in the State of Georgia

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having a population of not less than 11,790, and not more than 11,810, according to the Federal Census of 1940 or any other future Federal Census, because of the extra duties imposed on such Sheriffs by reason of national defense activities, to pay the Sheriffs of said Counties the sum of $100.00 a month in addition to the fees and compensations now paid 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 authority of the same: 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 less than 11,790, and not more than 11,810 according to the Federal Census of 1940, or any other future Federal Census, because of the extra duties imposed on such Sheriffs by reason of national defense activities, are authorized and directed to pay to the Sheriffs of said Counties the sum of $100.00 a month in addition to the fees and compensations now paid to said Sheriffs. Sheriffs' compensation in certain counties. 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 period. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1945. CORONER'S SALARY IN CERTAIN COUNTIES. 21-105. No. 208. An Act to amend Section 21-105 of the Code of Georgia

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of 1933, so as to provide that 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, shall receive a salary in lieu of the fees allowed by law for holding inquests: to provide for the manner in which such salary shall be fixed, 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 21-105 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 86,000, and not more than 88,000, according to the United States census of 1940, or any future United States census, the Coroner shall receive an annual salary, payable monthly out of the county treasury, in lieu of the fees allowed a coroner by law for holding inquests. Said salary shall be in the sum of Twelve Hundred ($1200.00) Dollars per annum for and during the term of the present coroners, and shall thereafter be fixed in the same manner that other county officers' salaries are fixed in said counties. Coroner's salary in certain counties. Section 2. This act shall become effective and of force upon approval by the Governor. Effective date. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 6, 1945. FORT VALLEY CHARTER AMENDMENTS. REFERENDUM. No. 209. An Act to amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the town of Fort Valley; to confer

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additional powers upon the mayor and city council of Fort Valley; to have the same incorporated as a city; to extend the corporate limits of said city, and for other purposes. (Georgia Laws 1907, pp. 651-666), and also to amend an Act entitled An Act to amend the Charter of the City of Fort Valley; to provide for the creation of a Board of Water and Light Commissioners of said City; to enlarge and extend the limits of said City so as to take in and include the City cemetery, and for other purposes. (Ga. Laws 1909, pp. 900-902), by providing for additional powers for the Mayor and Council and the Board of Water and Light Commissioners of the City of Fort Valley, and by providing for the investment and deposit by the Board of Water and Light Commissioners, of revenue derived from the operation of the public utilities under their charge, and in conjunction with the Mayor and City Council to expend or invest revenue derived from said public utilities in the promotion of the common welfare of said City and its citizens, particularly for the benefit of the Fort Valley Consolidated School District, and by providing that neither the Mayor and City Council of Fort Valley nor the Board of Water and Light Commissioners, nor the City itself, may sell, lease, or otherwise dispose of the electric distribution system or the water pumping, storing, or distribution system or grant any franchise for the sale of electric current or service of less than 100 horsepower to any single consumer, or grant any franchise to pump, store, or distribute water within or without the limits of said City, unless not less than 75% of the qualified voters of said City vote in favor of such grant or privilege or franchise, sale, lease, or other disposition at an election called for that purpose by the Mayor and City Council of Fort Valley after publication of notice of such election in the official newspaper of Peach County once a week for four weeks next preceding the election date, stating the time and place of the election and the purpose for which held.

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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. On and after the passage of this amendment to the Charter of the City of Fort Valley, the Mayor and Council of said city with the approval of the Board of Water and Light Commissioners may use, expend or invest revenue derived from the operation of utilities under the said Water and Light Commission of said city for any cause or purpose in promotion of the common welfare of said city or its citizens, and for this purpose may use the revenue derived from the operation of such utilities to supplement the funds available for the Fort Valley Consolidated School in said city, and for such other purpose or purposes as the Mayor and Council and the Water and Light Commission may determine. Use of revenue derived from utilities under Water and Light Commission. Section 2. In addition to the powers heretofore conferred upon the Mayor and Council of the City of Fort Valley, and the Water and Light Commission they shall have the right to extend the public utilities in said city, water, power, sewage and other public utilities owned and controlled by said city in such manner and under such terms and conditions as the Board of Water and Light Commission may elect, not in violation of the Constitution or laws of this State. Extension of public utilities. Section 3. The Board of Water and Light Commissioners of the City of Fort Valley, in addition to all other rights it now has is vested with the right and authority to set aside any money realized from the sale of electricity or water or both to be used, from time to time, for the construction, maintenance, and repair of any or all facilities which said Water and Light Commission may consider necessary or proper for the manufacture, sale, production, re-sale, and distribution of water and power. Said funds may be invested in Government Bonds, Bonds of the State of Georgia, Municipal Bonds, or other Bonds which, in the discretion of the Water and Light Commission are safe; or may be deposited in any bank which they consider sound and safe; pending the use of said funds as aforesaid. Construction and maintenance of water and power facilities. Investment, etc., of funds.

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Section 4. Before any funds are used as aforesaid for promoting the common welfare of Citizens of the city or to supplement funds available to the Fort Valley Consolidated School District, the Mayor and Council of the City of Fort Valley and the Board of Water and Light Commissioners of the City of Fort Valley, or a majority of each body, shall agree to such use and the amount to be so used in each instance. Use of funds for citizens' welfare. Section 5. Be it further enacted that neither the Mayor and City Council of Fort Valley, nor the Board of Water and Light Commissioners, nor the city itself, may sell, lease or otherwise dispose of its electric distribution system or its water pumping, water storing, or water distribution system, or grant any franchise, privilege, or right to sell or distribute electric current to any user of such current in quantities of less than 100 horsepower, or grant any franchise to pump, store or distribute water within or without the limits of said city unless and until not less than 75% of the qualified voters of said city vote in favor of such sale, lease, or other disposition of said public facilities at an election called for that purpose by the Mayor and City Council of Fort Valley. A notice of such election shall be published in the official newspaper of Peach County once a week for four weeks next preceding the election date; stating the time and place of the election and the purpose for which held. Election on disposing of electric or water distribution system. Section 6. If any word, sentence, clause, part, portion or section of this Act is for any reason unconstitutional, such unconstitutional part shall not affect the remainder of this Act. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1945.

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CLERKS', ORDINARIES', AND SHERIFFS' COMPENSATION IN CERTAIN COUNTIES. No. 211. An Act to authorize and direct the authority having control of the expenditure of County funds and/or other proper officials in all Counties in the State of Georgia having a population of not less than 9,130 nor more than 9,140, according to the Federal Census of 1940, or any other future Federal Census, because of the extra duties imposed on such officers by reason of national defense activities, to pay to the Clerk of the Superior Court, Ordinary and Sheriff of said Counties the sum of $50.00 per month each in addition to the fees and compensations now paid to said officers; 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 authority of the same: Section 1. That from and after the passage and approval of this Act, the authority having control of the expenditure of County funds and/or other proper officials of all Counties in the State of Georgia having a population of not less than 9,130 nor more than 9,140, according to the Federal Census of 1940, or any other future Federal Census, because of the extra duties imposed on such officers by reason of national defense activities, are authorized and directed to pay to the Clerk of the Superior Court, Ordinary and Sheriff of said Counties the sum of $50.00 per month each in addition to the fees and compensations now paid to said officers. Clerks', ordinaries', and sheriffs' additional compensation in certain counties. Section 2. Be it further enacted that this Act shall become effective immediately upon its passage and approval, and shall remain in effect until six months after the duration of the present World War. Effective period. Section 3. All laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 6, 1945.

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BRUNSWICK JUDICIAL CIRCUIT JUDGE'S SALARY. No. 212. An Act to supplement the salary of the Judge of the Superior Courts of the Brunswick Judicial Circuit and to apportion the amount thereof among the several counties of the circuit; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. The several counties of the Brunswick Judicial Circuit are hereby authorized and directed to supplement the salary of the judge of the Superior Courts of such circuit to the extent of twelve hundred dollars ($1200.00) per annum, to be paid monthly. Brunswick Judicial Circuit judge's salary supplemented. Section 2. The said sum shall be apportioned among the counties composing such circuit so that the monthly payments by each county to such judge shall be as follows: Jeff Davis County 6.05 Pro rata shares of counties composing the circuit. Appling County 15.72 Wayne County 18.35 Glynn County 52.76 Camden County 7.12 Section 3. This Act shall become effective as soon as an amendment to the constitution authorizing the same is ratified, but the payment of said supplement shall be made retroactive to February 1, 1945, and the accrued supplement shall be paid to the judge entitled thereto promptly upon this Act becoming effective. Effective date. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1945. JOHNSON OFFICERS' AUDITS. No. 214. An Act to amend an Act entitled An Act to create a

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Board of Commissioners of Roads and Revenues for the County of Johnson, provide the manner of their election, to define their duties and powers, fix their salaries and terms of office, provide for filling vacancies, to provide for the appointment of a clerk, name the commissioners, name the Chairman and Vice-Chairman and for other purposes, approved March 27, 1941 (Ga. Laws, 1941 pp. 887-898), so as to strike Sections 14 and 17 from said Act and to provide for the auditing of the accounts of said Board of Commissioners of Roads and Revenues and the other county officers of said county and the publication of said audits and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act approved March 27, 1941 (Ga. Laws, 1941, pp. 887-898) creating a Board of Commissioners of Roads and Revenues for the county of Johnson, be and the same is hereby amended by striking out and repealing Sections 14 and 17 in their entirety. Sections 14 and 17 of Act of 1941 repealed. Section 2. Be it further enacted by the authority aforesaid, that immediately after the passage and approval of this Act the ordinary of Johnson County shall secure the services of a competent public accountant of this State to audit the books and records of the Board of Commissioners of Roads and Revenues for the County of Johnson as of at the close of business on February 28, 1945 and shall cause to be published in the newspaper in which the Sheriff's advertisements for Johnson County are published the results of said audit sufficient to show the actual financial condition of Johnson County at that time by showing the actual balance of cash on hand, or deficit, as the case may be, the cost of said audit and the cost of publishing to be paid by the County Commissioners of said County out of County funds. Not later than the fifteenth day of each and every month thereafter said Commissioners shall cause to be published in said newspaper a complete list of all receipts and disbursements of moneys or its equivalent by said Commissioners of Roads and Revenues for the County of Johnson for

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the previous month, giving the sources from where received, the different amounts paid out for what purpose paid, to whom paid, and showing the balance of cash on hand, or the deficit, as the case may be. Audit of Johnson Commissioners' records. Publication of results. Cost of audit. Publication of receipts and disbursements. Section 3. Be it further enacted by the authority aforesaid: that said Board of Commissioners of Roads and Revenues shall enter on the minutes of the Board, a copy of each and every report so made and cause to be filed in the Ordinary's office of Johnson County one copy of each of said reports as a public record and to pay the cost of publishing of said reports out of County funds not to exceed twenty (20) cents per column inch for said publications. Record of reports. Section 4. Be it further enacted by the authority aforesaid: that the said Board of Commissioners of Roads and Revenues shall as early as practical, after the passage and approval of this Act, have the books and accounts of the Tax Collector, the County School Superintendent, the County Treasurer, the Sheriff, the Ordinary and all custodians of Johnson County funds audited as of December 31, 1944 and every calendar year thereafter (except the Tax Collector which shall be as of April 20, of each year) by a certified public accountant of this State. Said audits shall be filed in the office of the Board of Commissioners of Roads and Revenues of said County and shall at all times be subject to inspection by any citizen or taxpayer of Johnson County. Audit of other county officers. Record of audits. Section 5. Be it further enacted by the authority aforesaid: that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1945. SUMMERVILLE TERRITORIAL LIMITS EXTENDED. No. 217. An Act to amend an Act approved August 16, 1909 (Ga. Laws 1909, pp. 1366-1380) as amended, the same relating to the incorporation of the City of Summerville,

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defining the city limits thereof, and prescribing the election of officers, etc., by adding thereto a new section to be known as Section 3(a) increasing the city limits to a radius of one mile from the courthouse; to extend the jurisdiction of the city over this increased territory; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. That an Act approved August 16, 1909 (Ga. Laws 1909, pp. 1366-1380) as amended, relating to the incorporation of the City of Summerville, and defining the jurisdiction of same and giving the powers and duties of the city authorities, etc., be, and the same is hereby amended by adding a new section thereto to be known as Section 3 (a), and to read as follows: Sec. 3 (a). The city limits of the City of Summerville shall be increased to a radius of one mile in all directions from the courthouse. The jurisdiction of the city and all of its powers and authorities as contained in the city charter and all amendments thereto shall extend over the entire territory embraced in the new city limits. City limits extended. City's jurisdiction. Section 2. That all laws or parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1945. PULASKI SHERIFF'S COMPENSATION No. 218. An Act to authorize the authority having control of the expenditures of county funds of Pulaski County, because of the extra duties imposed on such sheriffs by reason of national defense activities, to pay the sheriffs of said county an amount not to exceed $100.00 a month in addition to the fees and compensation 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.

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Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage and approval of this Act, the authority having control of the expenditures of the county funds of Pulaski County, because of the extra duties imposed on such sheriffs by reason of the national defense activities, are authorized to pay to the sheriffs of said county an amount not to exceed $100.00 a month in addition to the fees and compensations now paid to said sheriffs. Pulaski sheriff's 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 period. Section 3. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 6, 1945. BRUNSWICK STREET CLOSING RATIFIED: CONVEYANCE AUTHORIZED. No. 219. An Act to amend the charter of the City of Brunswick, Georgia; to ratify the Act of its City Commission in closing certain portions of Amherst and Wolf Streets; to confer certain additional powers therein set out upon its City Commission, with respect to certain portions of Amherst and Wolf Streets, including the right to convey such portions of said streets to the Board of Education of Glynn County, Georgia, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows, to-wit: Section 1. That the action of The City of Brunswick, a municipal corporation, acting by and through its commission, in closing portions of the following streets shown upon the well known maps and the plan of said City as

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that portion of Amherst Street from the northern line of H Street to the southern line of I Street and that portion of Wolf Street from the northern line of Mansfield Street to the southern line of Monk Street, is hereby ratified, approved and confirmed in all respects. Closing of parts of Amherst and Wolf streets ratified. Section 2. That said City is hereby authorized and empowered to retain title to said portions of said streets and to permit the Board of Education of Glynn County, Georgia, a corporation created by the General Assembly of the State of Georgia, to use the same for school purposes; or in its absolute discretion, and at any time after the passage of this Act, to execute and deliver without monetary consideration to said Board of Education of Glynn County, Georgia, a quit claim deed conveying all of said City's right, title and interest in and to the following portion of Amherst Street and of Wolf Street, as shown upon the map of the plan of the said city, as follows, to-wit: Use thereof for school purposes. (a) All of Amherst Street from the northern line of H Street to the southern line of I Street, and (b) All of Wolf Street from the northern line of Mansfield Street to the southern line of Monk Street. Section 3. That the said property, if and when conveyed to the Board of Education of Glynn County, Georgia, shall be held by said Board to be used for purposes of education and in connection with its school system in Glynn County, Georgia, and in the event that such use should be discontinued or abandoned, the title to the said portion of Amherst Street and to said portion of Wolf Street shall revert to the City of Brunswick, Georgia, to become again a part of the system of streets of said City. Title to revert to city upon discontinuance of use for school purposes. Section 4. Be it further enacted by the authority aforesaid that from and after the passage of this Act all laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1945.

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CHATTAHOOCHEE JUDICIAL CIRCUIT SOLICITOR'S GENERAL COMPENSATION. CLERK. No. 220. An Act, approved August 20th, 1927, (Georgia Laws, 1927, page 741) increasing the salary of the Solicitor General of the Chattahoochee Circuit, by providing that should said Solicitor General be called upon by the duties of his office to render services outside of the State in connection with the extradition of fugitives or otherwise, the authorities of the Counties of Muscogee and Harris having jurisdiction in the particular case in which service is rendered shall pay his actual expenses in rendering such services; and providing further that said Solicitor General shall have the power to appoint a clerk for the performance of such duties as may be required of said clerk and to fix the salary and the payment thereof out of the treasury of Muscogee County, at $125.00 per month as a part of the court expenses of Muscogee County, Georgia, and for other purposes. [sic] Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that Section 1 of said Act approved August 20th, 1927, be and the same is hereby amended by inserting after the word him and before the word except in the thirty-fourth line of Section 1 on page 742, the following: provided, however, that should said Solicitor General be called upon by the duties of his office to render services outside of the State in connection with the extradition of fugitives or otherwise, the authorities of the Counties of Muscogee and Harris having jurisdiction in the particular case in which service is rendered shall pay his actual expenses in rendering such services; and provided further that said Solicitor General shall have the power to appoint a clerk for the performance of such duties of his office as may be required of said Clerk and to fix the salary and payment thereof out of the treasury of Muscogee County, at $125.00 per month

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as part of the court expenses of Muscogee County, Georgia, so that said Section 1 of the Act approved August 20th, 1927, when amended shall read as follows: The salary of the Solicitor General of the said Chattahoochee Judicial Circuit shall be $7,250.00 per annum in addition to the salary of $250.00 prescribed in Paragraph 1, section 13 of Article 6 of the Constitution of this State which said salary (additional) to the constitutional salary of $250.00 per annum shall be paid pro rata out of the general treasuries of the various counties composing said circuit, in the following proportion, to wit; Chattahoochee County shall pay the sum of $150.00; Harris County shall pay the sum of $800.00; Marion County shall pay the sum of $450.00; Muscogee County shall pay the sum of $4,950.00; Talbot County shall pay the sum of $450.00; Taylor County shall pay the sum of $450.00. It shall be and is hereby made the duty of the ordinary, County Commissioners, or other authority having control of county matters in each of the said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to the solicitor general quarterly in each year out of the funds of said counties; that is to say, on the first day of April, July, October, and January, and upon regular county warrants issued therefor, and it is further made the duty of said ordinary, County Commissioners, or other county authority having control of county matters, to make provisions annually, when levying taxes for expenses of courts, for the levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth, and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of $7,250.00 and the constitutional salary of $250.00 shall be in full payment for all services of said solicitor for all travelling and other expenses, and for all sums paid out by said solicitor general for clerical aid and legal assistance engaged or employed by him; provided, however, that should said solicitor general be called upon by the

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duties of his office to render services outside of the State in connection with the extradition of fugitives or otherwise, the authorities of the counties of Muscogee and Harris having jurisdiction in the particular case in which service is rendered shall pay his actual expenses in rendering such services; and provided further that said solicitor general shall have the power to appoint a clerk for the performances of such duties of his office as may be required of said clerk and to fix the salary and payment thereof out of the treasury of Muscogee County, at $125.00 per month as part of the court expenses of Muscogee County, Georgia; except as provided in Section 5 of the Act approved August 20, 1920, [sic] Georgia Laws 1917, pages 283, 284, 285, 286 and 287. Solicitor's General compensation. Pro rata shares of counties composing circuit. Harris and Muscogee counties authorized to pay extradition expenses of Solicitor General in certain cases. Clerk for Solicitor General. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 6, 1945. POLK COMMISSIONERS' ELECTION. No. 221. An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the county of Polk and defining their powers and duties approved August 19, 1919 (Acts 1919, pp. 719-727) and all Acts amendatory thereto by striking from lines 21, 22, 23, 24 and 25 of Section 4 of said Act the following language: but each member shall be elected by the voters of the entire county and not by the voters of his district alone. The candidate in each of the three districts receiving the largest number of votes in the county shall be declared elected.; and by striking from line 21 the comma (,) where the same appears immediately after the word same and before the word but and substituting in lieu of the comma (,) a period (.), and by adding thereafter the following: After January 1, 1946, each member of the Board of Commissioners

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shall be elected by the voters of his respective road district. Voters of other road districts shall not participate except in the election of a Commissioner from the road district where the voter resides. The candidate receiving the highest number of votes from the road district where he resides, and from which he is a candidate, shall be declared elected.; 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 Act creating the Board of Commissioners of Roads and Revenues for the county of Polk and defining their powers and duties approved August 19, 1919 (Acts 1919, pp. 719-727) and all amendatory Acts thereto be and the same is hereby amended by striking from lines 21, 22, 23, 24 and 25 of Section 4 of said Act the following language: but each member shall be elected by the voters of the entire county and not by the voters of his district alone. The candidate in each of the three districts receiving the largest number of votes in the county shall be declared elected.; and by striking from line 21 the comma (,) where the same appears after the word same and before the word but and substituting in place of the comma a period and by adding thereto the following: After January 1, 1946, each member of the Board of Commissioners shall be elected by the voters of his respective road district. Voters of other road districts shall not participate except in the election of a Commissioner from the road district where the voter resides. The candidate receiving the highest number of votes from the road district where he resides, and from which he is a candidate, shall be declared elected.; so that said Section 4 of said Act when so amended shall read as follows: Sec. 4. Be it further enacted by the authority aforesaid, that the term of office of said named Commissioners shall expire on the first day of January, 1921, and their successors shall be elected in the general election for State and County officers to be held in and for said County of Polk in the year 1920. The Commissioners of

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Roads and Revenues so elected in the general election for State and County officers of 1920 shall qualify and assume the duties of office on the first day of January, 1921. They shall each hold office for four years and until their successors are elected and qualified. The term of office for Commissioners of Roads and Revenues to be elected as herein provided, is fixed at four years and said Commissioners shall be elected in the general State and County election every four years, and all persons qualified to vote therein for members of the General Assembly shall be qualified electors at such election. One member of said Board of Commissioners of Roads and Revenues 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. After January 1, 1946, each member of the Board of Commissioners shall be elected by the voters of his respective road district. Voters of other road districts shall not participate except in the election of a Commissioner from the road district where the voter resides. The candidate receiving the highest number of votes from the road district where he resides, and from which he is a candidate, shall be declared elected. Commissioners' term of office. Election. One Commissioner elected by each road district. Section 2. That this Act shall become effective January 1, 1946, and shall continue in effect unless and until repealed by law. Effective date. Section 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 6, 1945. BUILDING CODES IN CERTAIN COUNTIES. No. 225. An Act to protect the health and safety of the several counties of this State and the inhabitants of such counties; to authorize the Commissioners of Roads and Revenues, or other governing authority, of all counties in this State having a population of not less than 75,484

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and not more than 75,504 according to the United States census of 1940 or any future United States census, to make, adopt, amend, repeal and prescribe building codes, rules and regulations as to the erection, construction, repair, equipment, re-building, alteration, renovation, remodeling, changing and removal of buildings, dwellings, houses and any other structures whatsoever erected or repaired outside the corporate limits of any municipality, including codes, rules and regulations relating to the installation and connection of plumbing, septic-tanks, sewer lines, man holes, drains and electrical wiring, and connections; to provide that such codes, rules and regulations shall have the force and effect of laws; to provide for the appointment of building, plumbing and electrical inspectors for said counties; to empower said county commissioners or other governing authorities to prescribe the qualifications, terms, duties and compensation of said inspectors; to authorize said county commissioners or other governing authorities to fix charge and prescribe inspection fees to be paid; to authorize and empower said governing authorities to require building permits under said building codes, rules and regulations and to make a charge therefor; to provide for the enforcement of said codes, rules and regulations and to provide penalties and punishments for the violation of said building codes, rules and regulations; and for other purposes. 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 or other county authorities having charge of the roads and revenues of all counties in this State having a population of not less than 75,484 and not more than 75,504 by the U. S. Census of 1940 or any future U. S. Census, are hereby authorized and empowered to make, adopt, alter, amend, change, repeal, and prescribe building codes, rules and regulations concerning, affecting or relating to the construction, erection, equipment, alteration, repair, changing or removal of buildings, houses

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and any structure whatsoever in the several counties of the State outside of the incorporated limits of any municipality, including codes, rules and regulations relating to plumbing, electrical work and all matters included or embraced in the erection, construction, equipment, alteration, repair, changing or removal of buildings, houses or any structure of any kind. Population. Building regulations. Section 2. Be it further enacted by the authority aforesaid that said building codes, rules and regulations may embrace such matters as codes, rules and regulations as to repairs, excavations, foundations, walls, allowable loads, stresses and strains, means of ingress and egress, quality and weight of materials, steel construction, timber construction, roofs and roof structures, fire doors, cellars, vaults, industrial construction, fire proofing, chimney flues, heating and plumbing apparatus, the demolition of existing buildings, protection of workmen and the public and such other matters relative to the construction, alteration, demolition and removal of houses, buildings and other structures as may be proper or useful for the proper protection and preservation of the public health and safety. The enumerations hereinbefore shall not be construed as exclusive. Section 3. Be it further enacted, that the Board of Commissioners or other governing authorities as the case may be, of the several counties, shall have the right, power and authority to appoint a building, plumbing and electrical inspector for said county and such other assistants as the said governing authorities may deem necessary. Said county commissioners or other governing authority shall have the right, power and authority to prescribe the qualifications, terms, duties and compensation of said building, plumbing and electrical inspector and such assistants as they may authorize or appoint. Inspection and assistants. Section 4. Be it further enacted by the authority aforesaid, that the Board of County Commissioners or other governing authorities shall have the right, power and authority to make rules, codes and regulations as to permits for and inspections of construction, equipment alteration, repairing or removal of houses, buildings, or

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other structures outside of the incorporated limits of municipalities and may prescribe fees or charges for permits and such inspections which fees shall be fixed and charged by the board of county commissioners and shall be paid to the county treasurer by the owner or owners of the property upon which said construction, altering, equipment or repairing is done or is proposed to be done. Permits. Fees. Section 5. Be it further enacted by the authority aforesaid, that the compensation of the county building, plumbing and electrical inspector and his assistants, shall be paid out of general funds in the county treasury which may be used for such purpose in the discretion of the governing authorities, including any funds derived from fees provided for in this Act. Compensation of inspector. Section 6. Be it further enacted by the authority aforesaid, that all codes, rules and regulations adopted, promulgated or prescribed under this Act shall have the force and effect of laws of the State of Georgia. Rules shall have effect of laws. Section 7. Be it further enacted, that all violations of any of the codes, rules and regulations adopted, promulgated or prescribed by the boards of county commissioners, or other governing authorities, under the provisions of this Act are hereby declared to be misdemeanors and any person violating any such codes, rules and regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor under the provisions of Section 27-2506 of the Code of Georgia of 1933. Violations misdemeanor. Section 8. Be it further enacted by the authority aforesaid, that the violation of any of the provisions of any such codes, rules and regulations as may be adopted, prescribed or promulgated by the board of county commissioners or other authority under this Act may be restrained and enjoined by an action in the name of the county against the person or persons violating or aiding in violating any of the provisions of such codes, rules and regulations and it shall be the duty of the court having jurisdiction thereof to restrain and enjoin such violators in such proceedings, such injunction or restraining

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order shall likewise be applicable to any threatened violation or any continuance of such codes, rules or regulations. Injunctions. Section 9. Be it further enacted by the authority aforesaid, that if any portion of this Act shall be declared to be unconstitutional the same shall not affect the remaining portions of this Act. Invalid parts. Section 10. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 6, 1945. PROBATION OFFICER IN CERTAIN COUNTIES. No. 226. An Act to provide that in all counties in the State of Georgia, having a population of not less than 14,523 and not more than 14,527, by the last or any future census of the United States where there is a Probation Officer appointed by the Judge of the Superior Court of said County that, before said Probation Officer shall draw any salary from the public funds of said County, his appointment and salary shall be approved by the Board of County Commissioners of said County or other governing authority having charge of the finances of said County, and that to be eligible to serve as Probation Officer of said County. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, that in all counties in the State of Georgia having a population of not less than 14,523 and not more than 14,527, by the last or any future census of the United States where there is a Probation Officer appointed by the Judge of the Superior Court of said County, before said Probation Officer shall draw any salary from the public funds of said County, his appointment and salary shall be approved by the Board of County Commissioners

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of said County or other governing authority having charge of the finances of said County, and that for any person to be eligible to serve as Probation Officer of said County, he must be a resident of said County. Population. Probation officer appointed by Superior Court Judge. Qualification. Section 2. Be it further enacted that before such Probation Officer shall be entitled to act as such, his appointment and salary shall be approved by the Commissioners of said County or other governing authority having charge of the finances of said County by entering an order to that effect upon the minutes of such Board or governing authority. Approval of appointment and salary. 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 6, 1945. ATLANTA TERRITORIAL LIMITS EXTENDED. No. 228. An Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several Acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act establishing a new charter for the City of Atlanta, approved February 28, 1874 and the several acts amendatory thereof be amended as follows: Section 1. The limits of the City of Atlanta are hereby extended so as to include and embrace therein the following tract of land, to-wit: Beginning at a point on the present City Limits on the center line of Memorial Drive where the west side of Wilkinson Drive projected northward intersects said center line of Memorial Drive in Land Lot one hundred seventy-nine (179) of the Fifteenth (15th) District of DeKalb County, Georgia; thence southeasterly along the west side of Wilkinson Drive to the north side of Glenwood Avenue; thence westerly along the said north side

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of Glenwood Avenue to a point two hundred (200) feet east of the northerly projection of the center line of Clifton Road; thence southerly half the width of Glenwood Avenue to the center line of said Glenwood Avenue and the present City Limits; thence westerly, northerly and easterly following the present City Limits to the point of beginning on the center line of Memorial Drive, all of the territory herein described being portions of Land Lots one hundred seventy-eight (178) and one hundred seventy-nine (179) of the Fifteenth (15th) District of DeKalb County. Extension described. Section 2. 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, on the passage of this Act. The power and authority of the officers of the city are made coextensive with the limits as extended by this Act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this Act. The power of the Health Department, Police Department, City Tax-Assessors and Receivers, Tax-Collector, Marshal, Clerk of Council, Building Inspector, Recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits and under the present charter, the laws, and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and are bound for

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the payment of said bonds equally with the former territory of the City of Atlanta. Ordinances, etc. applicable to extension. Subject to bonds. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1945. ATLANTA BOARD OF EDUCATION REIMBURSED TAX LOSSES. No. 229. An Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. The Act approved February 28, 1874 establishing a new charter for the City of Atlanta and the several acts amendatory thereof are further amended as follows: Code of Atlanta Sec. 10-108 amended. The Charter of the City of Atlanta as set forth in the official code of the City of Atlanta of 1942 is amended by adding a new paragraph, which is to be known as Paragraph a of Section 14-108 of said Code, which shall read as follows: 14-108a. If by reason of the transfer of the public hospitals of the City of Atlanta to a Hospital Authority, there is a reduction in the amount of gross income to the City because of the lowering of the millage rate or for any other reason because of the transfer of said hospitals, the Mayor and General Council of Atlanta shall make up from other funds or tax sources and deliver to the Board of Education the amount said Board of Education would have received under the provisions of Section 14-108 of said Code, if there had not been a reduction in the millage rate or said gross income. Transfer of public hospitals to Hospital Authority. Board of Education reimbursed for loss in taxes.

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Section 2. Any and all laws or parts of laws in conflict herewith are hereby repealed. Approved March 6, 1945. DIVORCE SUITS COSTS IN CERTAIN COUNTIES. No. 230. 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 28,465 inhabitants, nor more than 28,470 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 Ten ($10.00) Dollars as costs deposit, instead of Six ($6.00) 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 in all counties having a population under the last or any future Federal Census of not less than 28,465 inhabitants, nor more than 28,470 inhabitants, all applicants for divorce in the Superior Court of any such county shall be required to deposit with the Clerk of said Court, before the filing of such applicant's petition for divorce, the sum of Ten ($10.00) Dollars as costs deposit, instead of Six ($6.00) Dollars. Population in certain counties. Cost deposit of $10.00. 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. Default. Section 3. Said Ten ($10.00) Dollars shall be disbursed by the Clerk of the Court as follows: Seven ($7.00) Dollars to the Clerk and Three ($3.00) Dollars to the Sheriff; provided, however, where service is acknowledged upon any suit so filed, the Ten ($10.00) Dollars shall go to the Clerk of the Court as costs deposit in said suit so filed. Disbursement of costs.

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Section 4. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be and the same are hereby repealed. Approved March 6, 1945. BANKS COMMISSIONERS' AND CLERK'S SALARIES. No. 231. An Act to amend an Act entitled an Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for Banks County; to define their powers and prescribe their qualifications; to provide for their elections, the term for which they shall be elected, and other purposes, pertaining to county matters, as found in Georgia Laws 1916, page 349, and approved August 19, 1916, and as amended by an Act to amend an Act to create a Board of Commissioners of Roads and Revenues of Banks County, approved August 19, 1916, and amended August 15, and 21, 1917, so as to provide the manner of fixing the salary of the members of the Board of Commissioners of Roads and Revenues of Banks County, and for other purposes; as found in Georgia Laws Acts 1920, page 440, and approved August 9, 1920 and for other purposes; approved March 27, 1941, Georgia Laws 1941, pages 738-739, so as to increase the compensation of the County Commissioners of said county, and to increase the compensation of the Clerk of the Board of Commissioners of Roads and Revenues of said county; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That from and after the passage of this Act that Section 8 of the Act creating a Board of Commissioners of Roads and Revenues of Banks County, approved August 19, 1916, as amended August 15, and 21, 1917 and the Acts of 1920, and further amended by the Act approved March 27, 1941, be and the same is hereby

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amended by striking the words and figures Four Hundred forty four ($444.00) per annum in the seventh and eighth lines of Section 2 of the amendatory Act of 1941, and substituting in lieu thereof the words and figures Fifty ($50.00) dollars per month, and further amending the original Section 8 of said Act, as amended by Section 2 of the amendatory Act of 1941, by striking the words and figures Three hundred ($300.00) dollars as set forth in lines 9 and 10 of said Section 2 on pages 738 and 739 of said amendatory Act, and substituting in lieu thereof the words and figures Thirty-seven dollars and fifty cents ($37.50) per month, so that Section 8 of the original Act creating the Board of Commissioners of Roads and Revenues of Banks County, approved August 19, 1916, and as amended by the amendatory Acts of 1916, 1917 and 1920, and further amended by the Act of 1941, as set forth in Section 2 of said amendatory Act of 1941, shall read as follows, to-wit: Acts 1916-1917, 1941 amended. Salaries increased. Section 8. Be it further enacted by the authority aforesaid, that the members of the Board of Commissioners hereby created shall receive the following salaries to-wit: The Chairman of said Board shall receive a salary of fifty ($50.00) dollars per month; and the other two members of said Board shall receive a salary of Thirty-seven dollars and fifty cents ($37.50) per month, each, to be paid out of the General Treasury of said county, which said salary or compensation shall be paid monthly, and they shall receive no other or further compensation for their services as such Commissioners. Sec. 2 as amended. Salaries of Commissioners. Section 2. Be it further enacted by the authority aforesaid that Section 7 of the said Act of 1916 on page 350, as amended by the amendatory Acts of 1916, 1917 and 1920, and further amended by the Act of 1941, be and the same is hereby amended by striking the words and figures Three hundred and fifty ($350.00), wherever the same may appear in the fourth and fifth lines of Section 3 of the amendatory Act of 1941, and substituting

Page 911

in lieu thereof the words and figures Fifty ($50.00) dollars per month, so that Section 7 of the Act of 1916, as amended by the several amendatory Acts, when so amended, shall read as follows to-wit: Acts further amended. Section 7. Be it further enacted by the authority aforesaid, that the Ordinary of Banks County shall be the Clerk of the Board of Commissioners of Roads and Revenues of said County, whose duty it shall be to keep in a well bound book a complete record of all the Acts and doings of said Board of Commissioners, said records to be open to inspection of any citizen of said County at all times, provided the same does not interfere with the meetings of the Board. Said Ordinary, or Clerk of the Board of County Commissioners shall receive the sum of Fifty ($50.00) dollars per month for his services as such clerk, to be paid monthly out of the treasury of said County. Ordinary to act as Clerk of Board. Records kept. Salary. 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 6, 1945. SYLVANIA SCHOOL DISTRICT. No. 233. An Act to establish a system of public schools for the Sylvania School District; to define the boundaries of same; to provide for a Board of Trustees for same; to define their duties; to empower said board of trustees to receive from the Board of Education of Screven County, Georgia, and the Superintendent of schools of said county, and from all other sources, the pro rata share collected by the State and County for school purposes; to authorize the County Board of Education and the County School Superintendent, and the State Board of Education, to pay over to said board of trustees such pro rata part of State and County funds belonging to said Sylvania School District; to authorize said Board of Trustees to levy a maintenance tax; to

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authorize the issuance of bonds for school improvements, and to confer on said board of trustees other powers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act, there shall be an independent school district known as the Sylvania School District; that the management and control of all schools, within said district, shall be vested in a Board of Trustees consisting of five persons, who are residents of said district, and by that name and style shall have perpetual succession, a common seal, and shall have power to purchase, have and hold, receive, enjoy, possess and retain to them and their successors in office, for school purposes, any property, real or personal, of whatever kind or character, within the jurisdictional limits of said school district; and by said name shall be capable of suing, or being sued, in any court. Sylvania School District. Board of Trustees. Section 2. Be it further enacted by the authority aforesaid, that the territorial limits of said school district shall be the same as those of the present Sylvania Consolidated School District, and laid off and defined by the Board of Education of Screven County, Georgia, and as of record in the office of the Board of Education and the Superintendent of Schools of said County. Territorial limits. Section 3. Be it further enacted by the authority aforesaid, that the present Board of Trustees of the Sylvania School District, to-wit, J. A. Mills, Jr., Dr. J. C. Cail, Dr. W. H. Bennett, W. H. McElveen and C. H. Waters, shall be and constitute the Board of Trustees, until the First Tuesday in January, 1946, at which time, or as soon as their successors are elected and qualified, their term of office shall expire, unless they shall be re-elected. Trustees designated. Section 4. Be it further enacted by the authority aforesaid, that the Board of Trustees of the Sylvania School District shall be elected every two (2) years, said election to be held in the Court House in Sylvania, Screven County, Georgia, between the hours of ten o'clock A. M. and four o'clock P. M., on the first Tuesday in January, 1946, and every two years thereafter. The five persons so

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elected shall serve a term of two (2) years, and until their successors are elected and qualified. Said election shall be held under the same rules governing General elections, and all persons residing in said district for a period of six months prior to said election, and who are registered to vote in a general election, and are otherwise qualified to vote in a general election, shall be qualified voters and entitled to vote in said election. Election of trustees every 2 years. Terms. Elector's qualifications. Section 5. Be it further enacted by the authority aforesaid, that the Board of Trustees shall organize by electing from their numbers a President, Vice-president, and a Treasurer. No member of said Board shall receive any compensation for his services, except a secretary, if elected from their number, and if so elected, may act as Secretary and Treasurer, for said Board, and said Board is authorized to provide such compensation, not exceeding Fifty Dollars per month, for said Secretary. Said Board is authorized to employ a secretary other than from its numbers, and if it should do so, shall have authority to fix the compensation of said secretary in such amount as the Board thinks proper. Officers of Board. Secretary. Section 6. Be it further enacted by the authority aforesaid, that said Board shall have authority to define the duties of said Secretary; that in addition to other duties defined by the Board, it shall be the duty of the secretary to keep an accurate [sic] of the minutes of all acts and doing of said Board of Trustees; to keep an accurate list of the registered and qualified voters of said school district, and to keep same on file in the office of the Board of Trustees of said district, and no one shall be allowed to vote in said elections unless their names appear on said list, as provided in general elections. Section 7. Be it further enacted by the authority aforesaid, that the Treasurer of said Board shall receive all funds from the Board of Education and the Superintendent of Schools of Screven County, Georgia, and from the tax collector of said county, for any local taxes collected, and the State Board of Education, and from any other sources, and shall pay out same on proper order of the Board of Trustees; and that all funds shall be kept

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in a separate account, in the name of the Sylvania School District, and paid out only upon proper order of the Board of Trustees. Funds. Funds kept in separate account. Section 8. Be it further enacted by the authority aforesaid, that said Board of Trustees shall have power and authority to control and maintain a system of schools in said district; to elect a superintendent of schools, a principal; to employ teachers; to suspend and remove said principal, superintendent and teachers; to fix their compensation; to provide school buildings, vocational buildings, equipment, and other things which in the discretion of the board may be necessary or which they deem proper for progressive development of the school system; to have and to hold title to property; to receive gifts and bequests, and to hold same for the benefit of said school system; and to make such rules for the government of themselves and said schools as they may deem proper, and not in conflict with the laws of this State; and to do any and all things promotive to the best educational interest of said School District, not in conflict with this Act and the laws of this State. Superintendent and teachers. Rules. Section 9. Be it further enacted by the authority aforesaid, that there shall be maintained in said district such schools, separate for the white and colored races, for a term of at least eight months in each year, and not less than one for the white and one for the colored races, as the board may deem proper. All children entitled to the benefit of free public schools under the laws of this State, whose parents, guardian or natural protectors, or in the event they do not have such parents, guardian or natural protectors, who are bona fide residents of said district, shall be entitled to free benefits of said schools. Separate schools for white and colored. Free benefits for children. Section 10. Be it further enacted by the authority aforesaid, that it shall be the duty of the Board of Education of Screven County, and the Superintendent of schools of said county, to turn over, at least monthly, to the Board of Trustees of the Sylvania School District, such public school funds as is the pro rata share of said school district. It shall be the further duty of said Board of Education and the County School Superintendent to

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turn over to said Board of Trustees, all taxes collected by the tax collector of Screven County, for local school purposes, that are due and payable upon property, franchise or other things located in said Sylvania School District. Funds and taxes turned over to board. Section 11. Be it further enacted by the authority aforesaid, that said Board of Trustees are hereby authorized to recommend to the Board of Commissioners of Roads and Revenue of Screven County, Georgia, and it shall be the duty of said Board of Commissioners, to levy a tax annually, not to exceed five mills on the real and personal property, including franchises, and other taxable property, within the territorial limits of said school district, in addition to that now authorized by law, for the purpose of establishing and maintaining a system of public schools in said district; provided, that should the constitutional limit for local taxation for school maintenance purpose be changed by amendment, or the adoption of a new constitution, the said board of trustees shall have authority to recommend to said Board of Commissioners, and it shall be their duty to levy such additional tax, not exceeding the limitation placed thereon by said constitutional provisions; provided that said funds shall be used for school purposes, as provided by law. Tax levy. Section 12. Be it further enacted by the authority aforesaid, that said Board of Trustees is authorized and empowered to issue bonds of said school district, in such amounts and payable at such times, and provide for interest thereon at such rate, as they may deem proper; for the purpose of building and improving buildings, acquiring property, or other things they deem necessary for the betterment of said school system; provided, that no such bonds shall be issued without first submitting same to a vote of the registered voters of said district, after giving notice of an election thereon for at least thirty days in the newspaper published in Screven County, Georgia, in which the sheriff's advertisements are published, and at which election a majority of the qualified voters of said district shall vote for the issuing of said bonds. At said election those voting favorable to same shall vote For Bonds, and those opposed shall vote

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Against Bonds. Said election shall be held in the same manner and under the same rules and regulations governing general elections, except only those qualified voters residing in said district shall be entitled to vote. Bonds for building purposes. Submitted to vote. Section 13. Be it further enacted by the authority aforesaid, that said Board of Trustees shall have absolute control over the schools in said districts, and they shall be authorized and it shall be their duty to care for and protect all property belonging to said school district, in any manner that they may deem to the best interest and improvement of same. Control over schools. Section 14. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and same are hereby repealed. Approved March 6, 1945. CLINCH COMMISSIONERS' COMPENSATION. No. 234. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Clinch (Ga. Laws 1933 p. 456) as amended by an Act of the General Assembly approved January 13, 1938 (Ga. Laws 1937-38 Ex. Sess. p. 788) by striking the figure 3 in Section 1 and inserting in lieu thereof the figure 5 so as to provide that the members of the Board, other than the Chairman, shall receive $5.00 per day; and for 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 entitled an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Clinch (Ga. Laws 1933 p. 456) as amended by an Act of the General Assembly approved January 13, 1938 (Ga. Laws 1937-38 Ex. Sess. p. 788) be, and the same is hereby amended by striking the figure 3 in Section 1 and inserting in lieu thereof the figure 5,

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so as to increase the compensation of said commissioners from $3.00 to $5.00 per day; by inserting the word remaining between the word each and member in said Section 1 so as to provide $5.00 per day compensation for the members of the Board other than the Chairman. Acts amended. Per diem increased. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 6, 1945. 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, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper all Acts constituting the Charter of the City of Macon and relating to the rights, powers, and duties of said Corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes, said Act described appearing on pages 1283 to 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927; and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any Section of said Act or 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 37 of the Act of the General Assembly of Georgia approved August 3, 1927, and as said Section is set forth on Page 1309 of the published Acts of the General Assembly 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: The treasurer shall, upon direction by a resolution or ordinance

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of the Mayor and Board of Aldermen, establish, with surplus moneys of the City and in the name of the City, trusts with any or all local State depositing banks, from which withdrawals shall only be made upon order of the Mayor and Board of Aldermen and for the sole purpose of construction or repair or replacement of public works or property or facilities. Act amended. Trust funds for construction or repairs. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act, Section 94 of the Act of the General Assembly of Georgia, approved August 3, 1927, and as the same may have been amended, re-enacted, or changed, and particularly as amended, re-enacted, and changed by an Act of the General Assembly approved March 28, 1935, be and the same is hereby amended by striking from said Section the following words, figures, signs, and symbols, as they appear on page 1111 of the re-enactment of said section as it appears in the published Acts of the General Assembly for 1935: Act 1927, Sec. 94 amended. Per diem compensation to the members of said Board shall be prescribed by the Mayor and Council of the City of Macon, but shall in no event exceed the sum of ten dollars ($10.00) per member for each day in which said Board of Tax Appeals is actually in session. The compensation shall not be changed during the term of office of the members; and inserting in lieu of the words, figures, signs, and symbols so stricken, the following: Part stricken. The compensation to each of the present members of said Board shall be $200.00 per annum, which shall not be changed during their present terms. Thereafter the compensation of the members shall be fixed from time to time by the governing authority of the City, but when so fixed shall not be changed during the term of the members to be affected. Compensation of Board members. Section 3. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act, Section 130 of the Act of the General Assembly

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of Georgia approved August 3, 1927, as the same appears on page 1355 of the published Acts of 1927, and as the same may have been amended, re-enacted, or changed, be and the same is hereby amended by striking said section in its entirety and inserting in lieu thereof the following words, figures, signs, and symbols: Act 1927, p. 1355 Sec. 130 stricken. Sec. 130. Notwithstanding any seeming ambiguity in other sections of this charter or as the same or any section thereof may have heretofore been amended, re-enacted, or changed, all legal advertisements of the City of Macon (without limiting this generality, including all public sales of property for any cause, sales under tax executions and applications for encroachments) shall be displayed in the same local newspaper then utilized for sheriff's sales under execution in the County of Bibb, and all sales of property under execution by the City shall be made and conducted in the same way and manner as such sheriff's sales under execution. New Sec. 130. Sale of property under execution. Section 4. If this Act or any portion hereof shall be declared invalid for any reason, the remainder of such Act and the application of said Act or any portion thereof to other persons or circumstances shall not be affected. Section 5. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 6, 1945. DECATUR SANITARY TAX. No. 236. An Act to amend an Act approved August 17, 1909, creating and establishing a new Charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act establishing a new charter for the Town of Decatur, now City of Decatur, approved August 17th,

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1909, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. By striking Section 28 of said Charter entitled Sanitary Tax and substituting in lieu thereof the following Section to be known as Section 28 of the Charter of the City of Decatur, to-wit: Act 1909, Sec. 28 stricken. Section 28. Be it further enacted that the City Commissioners of the City of Decatur are hereby authorized to make assessment of the various lots of land and lot owners in said City for sanitary purposes in such amounts, rates or methods of assessment that they may, in their discretion, deem proper, and the said City Commissioners are hereby authorized and empowered to collect same by execution against the lot so assessed and the owner thereof; the amount so assessed shall be a lien on the lot from the date of assessment. The executions are to be issued and enforced in the same manner as tax executions are issued and enforced in said City. The sanitation tax so collected shall be used solely for sanitary purposes. Sanitary Tax. Liens and executions. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 6, 1945. BALDWIN SUPERIOR COURT TERMS. No. 241. An Act to provide for the holding of four terms each year of Baldwin Superior Court, to provide for the 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 Baldwin, State of Georgia, in the Ocmulgee Circuit. Four terms. Section 2. Be it further enacted by the authority aforesaid,

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that the terms of said Court shall begin on the second Monday in January, Second Monday in April, Second Monday in July and the Second Monday in October. Terms designated. Section 3. Be it further enacted by the authority aforesaid, that both traverse and grand jurors shall be drawn for the terms of said court convening on the Second Monday in January and the Second Monday in July. Traverse jurors shall be drawn for the terms of said court convening on the Second Monday in April and on the Second Monday in October. The presiding judge may, in his discretion, draw and require the attendance of a grand jury at either or both of the terms convening on the Second Monday in April and Second Monday in October. Grand and traverse 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 6, 1945. WARREN SUPERIOR COURT TERMS. No. 242. An Act to amend an Act approved August 12, 1910, (Ga. Laws 1910, pp. 63-65) creating the Toombs Circuit and providing the days for holding sessions of court in each county thereof by changing the term in Warren County from the first Mondays in April, July, October and January to the first Mondays in April, July, October and the third Monday in January; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 6 of the Act approved August 12, 1910 (Ga. Laws 1910, pp. 63-65, incl.) be and the same is hereby amended by changing the terms of Superior Court of Warren County as follows: Warren, first Mondays in April, July, October and January and substituting the following: Act amended.

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Warren, first Monday in April, July, October and the third Monday in January. so that Section 6 as amended will read as follows: Sec. 6. Be it further enacted by the same authority, that the courts of the counties of the Toombs Circuit shall be held quarterly, as follows: Lincoln, fourth Mondays in April, July, October and January; Glascock, third Mondays in February, May, August and November; Taliaferro, fourth Mondays in February, May, August and November; Warren, first Mondays in April, July, October and third Monday in January; Wilkes, first Mondays in May, August, November and February. Provided, however, that the grand juries of the counties of this Circuit shall not be convened except for the spring and fall terms of the court, unless in the discretion of the presiding judge it shall be deemed expedient to call a special session of the grand jury at some other term. Terms of court. Grand Jury. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 6, 1945. LINCOLN ORDINARY, SHERIFF AND CLERK'S COMPENSATION. No. 243. An Act to amend an Act entitled an Act to provide for the compensation of the Ordinary, Sheriff and Clerk of the Superior Court of Lincoln County, approved August 24, 1881 (Georgia Laws 1880-81, pages 527) by changing the salary of the Ordinary from $150.00 per annum to $600.00 per annum and by changing the salary of the Sheriff from $100.00 per annum to $700.00 per annum; 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 same. Section 1. That the Act approved August 24, 1881

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(Georgia Laws 1880-81, page 527) providing for compensation of the Ordinary, Sheriff and Clerk of the Superior Court of Lincoln County be and the same is hereby amended by striking the following: and Sheriff of Lincoln County in the sixth line thereof, and the word each in the seventh line thereof, and by placing a semicolon after the words per annum in the eighth line thereof and adding the following thereafter: the Sheriff of Lincoln County shall receive as extra compensation the sum of $700.00 per annum, and by striking the words $150.00 per annum and inserting in lieu thereof the words $600.00 per annum to be paid in lieu of any and all other salary authorized by law to the Ordinary or to the Superintendent of Roads and Bridges heretofore enacted, so that said Section 1 of the Act approved August 24, 1881, will read as follows: Act 1881 p. 527 amended. Section 1. Be it enacted by the General Assembly of Georgia, that, from and after the passage of this Act, the Ordinary of Lincoln County shall receive from the Treasury of said county the sum of $600.00 per annum to be paid in lieu of any and all other salary authorized by law to the Ordinary or to the Superintendent of Roads and Bridges heretofore enacted for services rendered in attending to the county business of said county, and that the Clerk of the Superior Court shall receive as extra compensation the sum of one hundred dollars per annum; the Sheriff of Lincoln County shall receive as extra compensation the sum of $700.00 per annum. Ordinary's salary. Clerk's salary. Sheriff's salary. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1945. LEE COMMISSIONERS. ROAD DISTRICTS. No. 244. An Act to amend an Act approved August 6, 1921 (Acts 1921, pp. 517-521) entitled an Act to create a Board of Commissioners of Roads and Revenues, and public buildings, and public property, and finance for

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the county of Lee, by repealing and striking in its entirety Section 1 of said Act as amended by an Act approved August 15, 1922 (Acts 1922, pp. 404-407) and as amended by an Act approved August 15, 1929 (Acts 1929, pp. 653-655) and to rewrite the provisions of Section 1 into different Sections; to provide that the Board of Commissioners shall consist of five commissioners, one to be elected from each of the five road districts herein created; to create five road districts; to provide that the five members now constituting the Board of Commissioners of Roads and Revenues of Lee County shall serve as Commissioners until January 1, 1949; to provide that the term of Commissioners thereafter elected shall be four years, and that the successors to the present Commissioners shall be elected in the general election, wherein county officers are elected, to be held in November, 1948, and every four years thereafter as county officers are elected; to provide that the voters shall elect a chairman of said Board and that the candidate who is elected chairman shall devote as much time and attention to said office as is required to diligently perform the duties of same, and shall maintain an office in the courthouse in the city of Leesburg; to provide that the chairman is amendable to the full Board of Commissioners, and for a quorum for transaction of county business; to provide that the chairman shall act as purchasing agent of said board; and shall be paid a salary of $600.00 per annum; to provide that the other four members of said board shall be paid a salary of $60 per annum; that a clerk shall be elected by said board who shall be paid at the rate of $300.00 per year; to provide that the Board of Commissioners shall make all purchases for the county under fair and reasonable competitive bids so far as may be possible, and shall not make purchases from members of the Board nor their families except when necessary; to provide that the Board shall publish in the newspaper of the county, which is its official organ, every three months a detailed statement of the expenditures of the county; 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 same: Section 1. That the Act approved August 6, 1921 (Acts 1921, pp. 517-521) entitled an Act to create a Board of Commissioners of Roads and Revenues, and public buildings, and public property, and finance for the county of Lee, be and the same is hereby amended by repealing and striking in its entirety Section 1 of said Act as amended by an Act approved August 15, 1922 (Acts 1922, pp. 404-407) and as amended by an Act approved August 15, 1929 (Acts 1929, pp. 653-655). Acts amended. Section 2. That from and after the passage and approval of this Act, the Board of Commissioners of Roads and Revenues for Lee County, Georgia, shall consist of five members. Each of the five militia districts in Lee County is hereby created a road district of Lee County. The 715 militia district shall be known as the first road district; the 938 militia district shall be known as the second road district; the 975 militia district shall be known as the third road district; the 976 militia district shall be known as the fourth road district; and the 1238 militia district shall be known as the fifth road district; and one of the five commissioners shall be elected by the voters of the entire county from each of the said road districts, and not more than one Commissioner shall serve from the same road district at any one time. The Commissioners now in office shall constitute the Board, and shall remain in office, and shall serve as Commissioners until January 1, 1949, at which time their term is ended. The successors thereto shall be elected in the general election wherein other county officers are elected to be held at the general election in November, 1948, and the term of office of such successors shall be four years, or until their successors shall be elected and qualified. The ballots to be used in the general election for Commissioners shall have thereon a blank line, preceded by the words for Chairman County Commissioners, and the voters voting shall write on their ballots on the blank line herein provided for the name of the candidate for County Commissioner whom they desire to be chairman thereof.

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The candidate for County Commissioner, who is elected Commissioner in said election, and who also receives the majority number of votes for Chairman in said election, shall be Chairman of the Board of Roads and Revenues elected at such general election. The Chairman shall devote as much time and attention to said office as is required to diligently perform the duties of the same, and shall have and maintain an office in the courthouse in the city of Leesburg, and shall act as the purchasing agent of said Board of Commissioners of Roads and Revenues. Five Commissioners Road districts. Elected from entire county. One Commissioner from each district. Terms. Chairman. Section 3. The Chairman of the Board of Commissioners of Roads and Revenues of Lee County shall be paid from the county funds a salary of $600.00 per year, payable monthly, and the other four members of said Board of Commissioners of Roads and Revenues of Lee County shall each be paid a salary of $60.00 per annum, payable monthly. The Chairman of said Board shall at all times be under the jurisdiction of, and amenable to, the Board of Commissioners of Roads and Revenues, and a majority of said Board shall constitute a quorum for the transaction of all business relating to the affairs of the county. Chairman's salary. Commissioners' salaries. Quorum. Section 4. The said Board of Commissioners of Roads and Revenues shall elect a clerk for said board who shall keep a record of the proceedings had by the Board, and who shall perform such other duties as may be required by the Board. The clerk shall be paid a salary of $300.00 per year from the county funds. Clerk and salary. Section 5. In so far as possible, and for the best interest of the county, the Board of Commissioners shall make all purchases for the county under fair and reasonable competitive bids. They shall not make purchases from members of the Board nor their families, except when necessary. A full and complete detailed statement of all of the expenditures of the county and all of the acts and doings of the Board of Commissioners of Roads and Revenues shall be published in the newspaper of the county,

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which is its official organ, at least once every three months, and the expense thereof shall be paid from county funds. Competitive bids. Statements published. Section 6. That all laws and parts of law in conflict herewith be, and the same are, hereby repealed. Approved March 6, 1945. COLUMBUS TEACHERS' TRUST PROPERTY INVESTMENTS. No. 245. An Act to amend the charter of the City of Columbus in the County of Muscogee; empowering the Board of Trustees of the Public Schools of the City of Columbus to sell, transfer and convey any bonds, corporate stocks and other securities, as well as other property, real or personal, now or hereafter in the custody of said board and which have been or may hereafter be donated to or received by said board or said city, from individuals or corporations, to be used by said board for the benefit of teachers or employees of said public schools; authorizing the investment and reinvestment by said board of the proceeds of said property, and the investment and reinvestment of any other funds now or hereafter in the custody of said board for said purposes; providing that such sales, transfers and conveyances and such investments and reinvestments may be made without order of any 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 same: Section 1. That when the Board of Trustees of the Public Schools of the City of Columbus has in its custody any bonds, corporate stocks or other securities, or other property, real or personal, which have been donated to or received by said board or said city, from individuals or corporations, to be used by said board for the benefit of teachers in or employees of said public schools, and

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the instrument creating the trust fails to provide adequate powers of sale, transfer or conveyance, said board is hereby empowered to sell, transfer or convey said trust property, for such trust purposes, at private sale and without order of court. Said sales, transfers and conveyances shall be made in the name of the board, signed by the president and the secretary of the board, and the official seal of the City of Columbus affixed. Sale of Columbus teachers' trust property by school board. Section 2. That when the instrument creating a trust for the purposes designated in Section 1 fails to empower said board to invest or reinvest funds coming into its custody for said trust purposes, whether said funds are derived from the sale of trust property or otherwise, said board may make investments or reinvestments of such funds for such purposes without order of court. Unless the instrument creating the trust provides otherwise, such investments and reinvestments shall be in the class of securities provided by the general laws of Georgia. Investment of Columbus teachers' trust funds. Section 3. That before any sale, transfer, conveyance, investment or reinvestment is made pursuant to this act, a resolution providing therefor shall be adopted by a majority vote of the board members present at a regular meeting. Board's resolution for sale or investment. Section 4. The powers herein granted to said board shall apply to trust property or funds now or hereafter in the custody of said board. To what property this Act applies. Section 5. That the powers herein granted are to be liberally construed. Powers to be liberally construed. Section 6. That all laws or parts of laws in conflict herewith are hereby repealed. Approved March 6, 1945. VALDOSTA EMPLOYEES' RETIREMENT SYSTEM. No. 247. An Act to amend the charter of the City of Valdosta and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the following provisions be added to the charter of the City of Valdosta: Section 1. That there be and there is hereby created a system of retirement payments for certain employees of the City of Valdosta, Georgia, and a method of providing a retirement fund for the payment of retirement benefits to such employees, and that there be and there is hereby created a Board of Trustees for administering such retirement fund. Retirement system for Valdosta city employees created. Board of trustees. Section 2. From and after the passage of this Act the City of Valdosta, by and through its Mayor and Council, shall levy upon the monthly salary of each and every full time employee of said city whose salary is paid by the month, an assessment of three 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. In like manner the City of Valdosta shall appropriate each month respectively from the general funds of the City of Valdosta 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 Valdosta 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 Valdosta, but nothing in excess thereof. All payments 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. City appropriations. Retirement fund. Disbursement. Employees' interest in fund.

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Section 3. 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; two members who are employees among the remaining monthly salaried full time employees of the City of Valdosta, elected by the employees of such group at the time of such election; and the Chairman of the Finance Committee of the Mayor and Council of the City of Valdosta, who shall be ex-officio member of said Board of Trustees and also ex-officio chairman with a right to vote only in case of a tie vote. A Secretary of said Board of Trustees, whom the Board shall select and whose compensation shall be fixed by the Board and to be paid out of the said retirement fund, 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 Valdosta, to be kept in the office of the Clerk of the City of Valdosta. Board of trustees. Secretary. Minutes. The Board of Trustees shall have authority to employ a bookkeeper, who may also be the Secretary of the Board, to keep the records of receipts and disbursements and of such other records of the Board of Trustees (except such records as are herein provided to be kept by the Secretary of said Board) as may be required of him to be kept by such Board; and that such Board shall have authority to pay such bookkeeper such compensation as may be fixed by such Board out of the said retirement fund and he shall serve at the pleasure of such Board. Bookkeeper.

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The first elective members 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, 1949; one from the Police Department, for a term to expire May 1, 1948; and two from the remaining monthly salaried full time employees, for a term to expire May 1, 1946 and May 1, 1947, respectively. 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 Clerk of the City of Valdosta 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 Clerk of the City of Valdosta 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. In event a vacancy of an elective member should occur on said Board of Trustees, the Clerk of the City of Valdosta 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 City of Valdosta 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 United States mail, at least five days before the time of such election, which notice shall state the time and place of such election. Election and vacancies. All elections for elective members of said Board of Trustees shall be held at a time and place to be designated by the Clerk of the City of Valdosta, and the Clerk of said City of Valdosta 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 each such election shall be elected.

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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 applications for, and matters concerning, retirement under the provisions of this Act, and authorize disbursements of said retirement fund, provided, in case of the question of disability of the employee should arise, his disability shall be determined for the Board by a majority of the following physicians, to-wit: Board's duties. Determining disability of employee. (a) City physician (b) Physician selected by the Board (c) Physician selected by the employee affected. 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 Lowndes County, Georgia, within thirty days from the date of such action of the Board, provided such employee 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. Appeal to jury. Section 4. 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 5. The members of said Board of Trustees shall serve without compensation. No compensation. Section 6. 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 municipal bonds of cities of Georgia of the population of 15,000 or more, but not otherwise. Investment of surplus funds. Section 7. Each of said Trustees shall subscribe to an

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oath before any officer of this State authorized to administer oaths 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 City of Valdosta as a part of the public records of the City of Valdosta. Oath of board members. Section 8. 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. Attendance of board members. Section 9. 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. Withdrawing money from fund. Section 10. Retirement-Eligibility. (a) Each Monthly salaried full time employee of the City of Valdosta, and while still in the employ of the City of Valdosta, 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 full time employee of the City of Valdosta for an aggregate of twenty-five years and also has attained the age of sixty years or (3) who has been in the said city's employment for such length of time and who has been injured to such an extent and under such circumstances as set out in subsection (b) of Section 11 of this Act. No person, however, shall be eligible for retirement under this Act who has not paid into said retirement fund three per centum of his monthly salary for at least one month. Eligibility for retirement benefits. When a full time employee of the City of Valdosta, who cames within the provisions of this Act, is, while so employed, inducted into the armed forces of the United States during a war of which the United States is a belligerent, he shall be considered an employee of the City of Valdosta during such time for the purpose

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only of calculating his length of service as such employee of said city under this Act. Employee in armed forces. (b) No person employed full time by the City of Valdosta on the day of passage hereof, who has attained the age of seventy years, unless he is disabled to the of Trustees to retire before said person shall have reached the age of seventy years, unless he is disabled to the extent and as determined in subsection (c) of this section. Retirement age and service period. (c) Except as provided in sub-section (b) of this section and in sub-section (b) of Section 11 of this Act, 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 has served an aggregate of twenty-five years and also has attained the age of sixty years, but such person may not be retired before he reaches the age of 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 a majority of the following physicians, to-wit: (1) City Physician (2) Physician selected by the Board. (3) Physician selected by the employee affected. 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 as otherwise provided in sub-section (b) of this section. (d) 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. Section 11. Retirement Benefits.

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(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 Valdosta and attained the age of at least sixty years, shall be paid monthly from said retirement fund and for and during his natural life the sums of money equal to one-half of the average salary received from the City of Valdosta by such employee during the last five years during which such employee received a salary from the City of Valdosta, irrespective of whether such years were served consecutively or not; provided, however, such monthly retirement payments shall in no event exceed the sum of one hundred dollars per month. For the purposes 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 Valdosta at the time of his retirement under the provisions of this Act but has 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 Valdosta is of twenty-five years, except as hereinafter provided in sub-section (b) of this section. Benefits to retiring 60-year old employees. (b) An employee who, while in the employ of the City of Valdosta, becomes totally and permanently disabled, from an injury received in line of duty as such employee in the discharge of his duties as such employee, and who has served an aggregate of at least five years or more as an employee of the City of Valdosta at 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 fifty per cent of his average monthly salary during the five year period, above stated. Total and permanent disability benefits. (c) Any employee leaving, or discharged from, the employ of the City of Valdosta before he becomes eligible

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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 Valdosta 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. Refunds to employees discontinuing employment. (d) Should an employee die while in the employ of the City of Valdosta 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. Beneficiaries upon employee's death. (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. Same. (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. Same. Section 12. Employees subject to the provisions of this Act shall be all full time employees of the City of

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Valdosta who receive a monthly salary, such as firemen, policemen, clerks, mechanics and persons of skill. Occasional and temporary employees, day laborers and persons working for weekly wages and school teachers are not subject to the provisions of this Act. Employees included. Employees excluded. Section 13. 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 Valdosta 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. Employees' service records. Section 14. From and after the passage of this Act, no person thereafter employed for the first time by the City of Valdosta who has attained the age of 40 years and who, except for the provisions of this section, would be full time employees of said city entitled to the retirement benefits of this Act, shall not become subject to the provisions of this Act and, therefore, shall not be entitled to the retirement benefits of this Act. Forty-year old beginners excluded. Section 15. Said Board of Trustees of the retirement fund are hereby authorized to receive donations thereto and, when so received, the same shall be paid to the Secretary of such Board, who shall thereupon cover same in such retirement fund, and such donations shall thereupon become a part of such retirement fund. Donations. 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. Benefits not subject to debts. Section 17. This Act shall in no wise alter, change, modify or affect any provision or authority for the removal or discharge of an employee of the City of Valdosta in effect prior to the passage of this Act. Act does not affect discharge of employees. Section 18. This amendment does not repeal nor in any wise affect any benefit or pension now being paid

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under some previous ordinance, resolution or act of the Mayor and Council of the City of Valdosta and the City of Valdosta is expressly authorized to continue to make any such payments previously so authorized, but no person shall receive a pension from the City of Valdosta and also payments from said retirement fund, and no person shall draw a salary from the City of Valdosta and payments from said retirement fund. Those persons now receiving pensions or disability benefits from the City of Valdosta shall not be subject to any of the provisions of this Act. Effect of Act upon other city pensions. Section 19. All laws and parts of laws in conflict with this Act are hereby expressly repealed. Approved March 6, 1945. HOUSTON SUPERIOR COURT TERMS. No. 249. An Act to provide for holding two regular terms each year of the Superior Court of Houston County, Georgia; to fix the time for holding said terms; 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, from and after the passage of this Act, there shall be two regular terms of the Superior Court of Houston County, Georgia, one to be held on the First and Second Mondays of April of each year and one to be held on the Third and Fourth Mondays of September of each year, each of said terms to continue in session until adjourned in the manner provided by law. Houston Superior Court 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 6, 1945.

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STOCKBRIDGE TERRITORIAL LIMITS EXTENDED. No. 250. An Act to amend an Act of the General Assembly of Georgia, approved August 6, 1920, entitled an Act to incorporate the City of Stockbridge in the County of Henry and State of Georgia, to define the corporate limits of said City, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the Charter of the City of Stockbridge heretofore granted by the General Assembly of Georgia (Acts of the General Assembly 1920, page 1531) be amended as follows: Section 1. That Section 1 of said Charter commencing on the 10th line thereof reading at present as follows: Extending Three-Eighths ([frac38]) of a mile in every direction from a point in the center of the main track of the Southern Railroad where same is crossed by the public road leading from McDonough, Georgia, to Atlanta, Georgia, that is from a point in the center of both the main track of the railroad known as the Southern Railroad and the track of the public road leading from McDonough to Atlanta, where they cross each other in the City of Stockbridge, Henry County, Georgia, be repealed and stricken from said Charter, and that the following paragraph be substituted in lieu thereof, to-wit: Extending Three-Fourths ([frac34]) of a mile in every direction from a point, which said point is located thus; by the intersection of a line run along the center of the main line tracks, an equal distance from each track, of the Southern Railway Company's tracks as they now stand, and a line run along the center of the pavement of the public road known as State Highway No. 42, leading from McDonough, Georgia, to Atlanta, Georgia, said line to be equidistant from the edges of said pavement, where said center line of said Southern Railway Company's main line tracks and the center line of said State Highway No. 42, leading from McDonough to Atlanta, intersect in said City of Stockbridge, Henry County, Georgia. Corporate limits extended.

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Section 2. That Section 2 of said Charter reading as follows: Be it enacted, that the boundaries of said City of Stockbridge shall be and extend three-eighths ([frac38]) of a mile in every direction from a point in the center of the main track of the railroad known as the Southern Railroad, and in the center of the public road leading from McDonough, Georgia, to Atlanta, Georgia, where said railroad and said public road cross each other in the Town of Stockbridge, be repealed and stricken from the Charter, and that the following paragraph be substituted in lieu thereof and made Section 2 of said Charter, to-wit: Section 2. Be it further enacted, that the boundaries of said City of Stockbridge shall be and extend Three-Fourths ([frac34]) of a mile in every direction from a point, which said point is located thus; by the intersection of a line running along the center of the main line tracks, an equal distance from each track, of the Southern Railway Company's tracks as they now stand, and a line run along the center of the pavement, an equal distance from each edge of said pavement, of the public road known as State Highway No. 42, leading from McDonough, Georgia, to Atlanta, Georgia, where said center line of said Southern Railway Company's main line tracks and the center line of said State Highway No. 42, leading from McDonough to Atlanta, intersect in said City of Stockbridge, Henry County, Georgia. Boundaries. 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 6, 1945. CLAYTON TAX COMMISSIONER'S CLERK'S SALARY. No. 251. An Act to amend the Act abolishing the office of Tax Receiver and the office of Tax Collector of Clayton County, Georgia, and to create the office of County

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Tax Commissioner of said County, approved August 18, 1925 (Acts 1925, pp. 600-603) as amended by an Act approved March 12, 1941 (Acts 1941, pp. 824-827) by striking from Section 3 of said Act as amended the semi-colon where the same appears after the word county and before the word provided in line 7 and substituting in lieu thereof a period; and by striking from lines 7, 8 and 9 the following: provided in no event shall the said county authorities allow said County Tax Commissioner more than the sum of Three Hundred Dollars ($300.00), and by inserting in lieu thereof the following The Commissioner of Roads and Revenues of Clayton County, Georgia, shall fix the compensation to be paid from county funds for such assistants and clerks. The compensation to be paid from county funds shall in no event be less than three hundred ($300.00) nor more than nine hundred ($900.00); so that the said county authorities may pay the Tax Commissioner of Clayton County for the employment of assistants and clerks, within his discretion, no less than $300.00 nor more than $900.00 per annum; 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 Act approved August 18, 1925 (Acts 1925, pp. 600-603) abolishing the office of Tax Receiver and the office of Tax Collector of Clayton County, Georgia, and creating the office of County Tax Commissioner of said county as amended by an Act approved March 12, 1941 (Acts 1941, pp. 824-827) be and the same is hereby amended by striking from Section 3 of said Act as amended by the Act approved March 12, 1941 and from line 7 thereof the semi-colon where the same appears after the word county and before the word provided and by inserting in lieu thereof a period, and by striking from lines 7, 8 and 9 the following: provided in no event shall the said county authorities allow said County Tax Commissioner more than the sum of Three Hundred Dollars ($300.00), and by inserting in lieu thereof the following: The Commissioner of Roads and

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Revenues of Clayton County, Georgia, shall fix the compnesation to be paid from county funds for such assistants and clerks. The compensation to be paid from county funds shall in no event be less than three hundred dollars ($300.00) nor more than nine hundred dollars ($900.00), so that said Section 3 of said Act as amended by the Act approved March 12, 1941, when so amended as herein provided shall read as follows: Section 3.Be it further enacted by the authority aforesaid, that the County Tax Commissioner of and for Clayton County, Georgia, is authorized to employ such assistants and clerks as will be necessary to transact, do and perform the duties of the office and that compensation for the same shall be paid for by the county authorities out of the general funds of said county. The Commissioner of Roads and Revenues of Clayton County, Georgia, shall fix the compensation to be paid from county funds for such assistants and clerks. The compensation to be paid from county funds shall in no event be less than three hundred dollars ($300.00) nor more than nine hundred dollars ($900.00) per annum for the pay of such clerks, however, said Tax Commissioner may supplement said sum out of his salary; that the fees and commissions heretofore allowed the Tax Receiver and Tax Collector of Clayton County shall be paid to the County Treasurer of Clayton County, to be accounted for by him as other county funds are accounted for, and all commissions, fees, compensations or other charges heretofore paid by the State of Georgia to the Tax Commissioner of said county for collecting any of its taxes, either special, ad valorem, occupation or other tax or licenses of any nature whatever, shall be charged and collected by said Tax Commissioner of and for Clayton County, Georgia, and paid to the Commissioners of Roads and Revenues of Clayton County, Georgia, and they shall be accounted for by him as other county funds. Tax commissioner assistants and clerks. Compensation. Fees. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 6, 1945.

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SPALDING COMMISSIONERS, COMPENSATION. No. 252. An Act to fix the compensation of the Commissioners of Roads and Revenues of Spalding County, so as to fix the compensation of the Chairman of said board not to exceed Twelve Hundred ($1200.00) Dollars per annum, and the compensation of the other two commissioners not to exceed Nine Hundred ($900.00) each, amending Acts of General Assembly approved July 27, 1929. 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 July 27, 1929, fixing the compensation of Commissioners of Roads and Revenues in and for said county, be, and the same is hereby amended by striking Section 1 of said Act in its entirety and substituting in lieu thereof, the following section: Section 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 Chairman of the Commissioners of Roads and Revenues of Spalding County, Georgia, shall receive Twelve Hundred ($1200.00) Dollars per annum in full for his services, and that the other Commissioners of Roads and Revenues of said County, shall receive Nine Hundred ($900.00) Dollars each per annum in full for their services. This amendment to take effect on and after April 1, 1945. Commissioners' compensation. Effective date. 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 6, 1945. CITY COURT OF LYONS. ACTS REPEALED. No. 253. An Act to repeal an Act entitled An Act to amend an

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Act establishing the City Court of Lyons approved August 27, 1931, as amended by an Act approved March 24, 1933, by further amending said Act so as to give said City Court of Lyons jurisdiction in civil cases where the principal sum claimed is less than $100.00; to create a monthly term of said court to have jurisdiction over all civil cases where the principal sum claimed does not exceed $100.00; etc.; approved March 18, 1937 (Acts 1937, pp. 1193-1195); and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act approved March 18, 1937 (Acts of 1937, pp. 1193-1195) entitled an Act to amend an Act establishing the City Court of Lyons approved August 27, 1931, as amended by an Act approved March 24, 1933, by further amending said Act so as to give said City Court of Lyons jurisdiction in civil cases where the principal sum claimed is less than $100.00; to create a monthly term of said court to have jurisdiction over all civil cases where the principal sum does not exceed $100.00, etc., be, and the same is hereby repealed in its entirety. City Court of Lyons Acts repealed. Section 2. That all laws or parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1945. GORDON TAX COMMISSIONER'S COMPENSATION. No. 256. An Act to amend an Act abolishing the office of Tax Collector and the office of Tax Receiver and creating the office of Tax Commissioner of Gordon County, Georgia, by changing the compensation paid to the Tax Commissioner of Gordon County. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the

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same, that Section 7 of an Act approved August 7, 1925, creating the office of Tax Commissioner of Gordon County, Georgia, fixing the salary of said officer, as amended by an Act approved August 7, 1925, be amended by striking from the fourth line thereof the words two thousand, and inserting in lieu thereof the words twenty-seven hundred and fifty, so that said Act as amended shall read as follows: Section 1. Be it further enacted by the authority aforesaid that the salary of County Tax Commissioner of and for Gordon County, Georgia, be, and the same is, fixed at twenty-seven hundred and fifty dollars per annum, payable monthly out of the general funds of said county. Gordon Tax Commissioner's salary. Section 2. The provisions of this Act shall be effective on and after April 1, 1945. Effective date. Section 3. Be it enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 6, 1945. OCONEE JUDICIAL CIRCUIT REPORTER'S COMPENSATION. No. 257. An Act to further define the duties of the Reporter or Stenographic Reporter for the Oconee Judicial Circuit, to provide for additional compensation for him and for other purposes. Section 1. Be it enacted and it is hereby enacted by the General Assembly of Georgia that from and after the passage of this Act the Reporter or Stenographic Reporter of the Oconee Judicial Circuit shall in addition to his duties as now prescribed by law attend on request of the judge of the circuit all sessions of the superior courts of said circuit both in term time and at chambers; shall by direction of the judge of the court take down and transcribe the evidence in any misdemeanor case and file same with the clerk of the court; and shall on request

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of the solicitor general of the circuit when approved by the judge of the circuit attend any inquest or court of inquiry and take down and transcribe the evidence adduced on the inquest or inquiry and file same with the clerk of the superior court of the county of the venue of the case. Oconee Judicial Circuit Reporter's additional duties. Section 2. Be it further enacted by authority aforesaid that for attending the superior courts, for taking down, transcribing and filing the evidence therein in criminal cases, and for taking down and transcribing the evidence in inquests and courts of inquiry and filing same the reporter or stenographic reporter of the circuit shall be paid as hereinafter stated by the counties of the circuit on the first day of each month on order of the judge of the circuit two hundred dollars. The same to be paid by the treasurer or other officer having in charge the county funds by the counties of the circuit as follows: Bleckley County shall pay $25.00; Dodge County $45.00; Montgomery County $25.00; Pulaski County $25.00; Telfair County $35.00; Treutlen County $15.00; and Wheeler County $25.00. Provided the payments aforesaid shall be in lieu of compensation now fixed by law or that may hereafter be fixed by law for attending the superior courts, inquests and inquiries, and for taking and transcribing the evidence in criminal cases, and in inquests and inquiries, and for filing same. Compensation for certain services. Section 3. Be it further enacted by the authority aforesaid that the reporter or stenographic reporter of said circuit shall receive for taking and transcribing the evidence in civil cases the compensation that is now fixed or may hereafter be fixed by law for same. Compensation in civil cases. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 6, 1945. MACON BOARD OF TAX ASSESSORS. No. 259. An Act to amend an Act approved August 3, 1927, entitled

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An Act to re-enact the Charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all Acts constituting the Charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes, as amended by an Act approved March 21, 1933, by creating a Board of Tax Appeals for the City of Macon and providing for the assessment and valuation of property for taxation; and by amending the Act of 1935, pages 1108 and 1109, pertaining to appointment of tax assessors; 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 3, 1927, entitled An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes, as amended by an Act approved March 21, 1933; as amended by an Act approved on March 28, 1935, pages 1108 and 1109, be and the same is hereby amended by striking and repealing all of Section 93 of said Act of August 3, 1927, which provides for a board of tax-assessors, prescribes the membership thereof and fixes the duties and powers of said board, and enacting in lieu thereof a new section to be numbered Section 93 and to read as follows: Section 93. Board of Tax-Assessors Created. There shall be a board of tax-assessors in said city, charged with the duty of receiving and equalizing tax returns on all property, real and personal, in said city, subject to

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taxation. Said board shall consist of three members elected by the mayor and council; provided, however, that the mayor and council shall have the power to designate any officer or employee as one or all of the members of said board, who shall discharge the duties of a tax-assessor without additional compensation therefor. Said board is hereby vested with full power and authority to assess for taxation the fair market value of all property, real and personal, in said city, subject to taxation, so that said property shall stand upon the tax digests at its reasonable and fair actual market value. The property in said city subject to taxation owned by said tax-assessors shall be assessed by the mayor and council. It shall be the duty of said Board at all times to locate property that is not duly returned for taxation, to equalize taxation and to ascertain the fair and reasonable market value of all property in said city subject to taxation. It shall be the further duty of said Board of Tax-Assessors (and the express power is hereby given to the City of Macon for the exercise of said duty) at any time within the period of seven years to assess or re-assess property that has, in the opinion of said board, escaped a just and proportionate burden of taxation by reason of having not been returned and/or not assessed, or if returned and/or assessed, upon which the original return and/or assessment was invalid for any reason, provided, however, no re-assessment shall be made in any case where the tax-payer has paid and the City of Macon has accepted payment of said alleged invalid or void return and/or assessment. If the owner of the said property has made a return of said property, and the return of said property has been raised by the assessment of the assessors and if the assessment for any reason is invalid, then another assessment or re-assessment may be made upon said property at any time within seven years and no new return shall be required or permitted by the said

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property owner. The assessment or re-assessment of said property, and all hearings, notices, appeals, and all other procedure shall be governed by the same rules, and made in the same form and manner as provided for matters of taxation generally by Section 94 of the Charter of the City of Macon. Macon Board of Tax Assessors. Authority and duties. Approved March 6, 1945. STEWART DISBURSING CLERK'S SALARY. No. 260. An Act to amend an Act approved August 20, 1927 (Ga. Laws 1927 p. 666), as amended by an Act approved Feb. 11, 1943 (Ga. Laws 1943, p. 1118) 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, qualifications and compensation, and for other purposes, by striking from Section II thereof the figures $500.00 and inserting in lieu thereof the figures $720.00, so that the salary of said disbursing clerk shall be $720.00 per annum; 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 II of the Act approved August 20, 1927 (Ga. Laws 1927, p. 666) as amended by Act approved February 11, 1943, (Ga. Laws 1943, p. 1118) relating to the compensation of the disbursing clerk, and the duties of said clerk, be amended by striking from said Section II the figures $500.00 and inserting in lieu thereof the figures $720.00, so that Section II as amended shall read as follows: Sec. II. Be it further enacted by the authority aforesaid, that the salary of the disbursing clerk shall be seven hundred twenty dollars ($720.00) 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,

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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 disbursing clerk, said Commissioner of Roads and Revenue shall appoint a successor upon the same terms as outlined in the aforesaid sections. Stewart County Board of Commissioners' disbursing clerk. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 6, 1945. SHERIFFS' COMPENSATION IN CERTAIN COUNTIES. No. 261. An Act to authorize and direct the Commissioner of Roads and Revenues or other authority having in charge the fiscal affairs in certain counties in the State of Georgia having a population of not more than 15,150, and not less than 15,140, according to the Federal Census of 1940 or any other future Federal Census, because of the extra duties imposed on such sheriffs because National Defense and Home Guard Activities, to pay the sheriffs of said counties the sum of $125.00, One Hundred and Twenty Five Dollars a month beginning the 1st day of March 1945, in addition to the fees and compensation now paid to said sheriffs; 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 Commissioner of Roads and Revenues, or other officer having in charge the fiscal affairs in all counties in the State of Georgia having a population of not more than 15,150, and not less than 15,140, according to the Federal

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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 $125.00 (one hundred and twenty five dollars) per month, beginning March 1st 1945, in addition to the fees and compensation now paid to said sheriffs. Sheriffs' compensation in certain counties. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1945. CARROLL SHERIFF'S AUTOMOBILE EXPENSE. No. 262. An Act to authorize the Commissioners of Roads and Revenues of Carroll County to furnish gas, oil, and repairs of car for the sheriff and sheriff's office of Carroll County as court expenses; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority aforesaid that, from and after the passage of this Act, the Commissioners of Roads and Revenues of Carroll County, Georgia, are authorized to furnish gas, oil, repairs and accessories necessary for the upkeep of an automobile for the sheriff's office and to pay to the sheriff of said county such sums necessary for the upkeep, operation and maintenance of said automobile on official business in his office in Carroll County not to exceed the sum of $100.00 per month, all in the discretion and approval of the Commissioners of Roads and Revenues of Carroll County, Georgia. Carroll sheriff's automobile expenses. Be it further enacted that any and all laws in conflict herewith are hereby repealed. Approved March 6, 1945.

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SUPERIOR COURT JUDGES' SECRETARIES IN CERTAIN COUNTIES. No. 263. An Act to provide for and regulate the salaries of secretaries of the Judges of the Superior Courts of all Judicial Circuits of this State in all counties having a population of not less than 75,484 or more than 75,504, according to the United States Census of 1940, or that may hereafter have such population according to any future United States census; and to provide for the payment of such compensation out of the treasury of such counties; 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 date of the approval of this Act, the Judges of the Superior Courts of all Judicial Circuits in this State may appoint a secretary to serve in any county having a population of not less than 75,484 or more than 75,504, according to the United States Census of 1940, or that may hereafter have such population according to any future census of the United States, and shall be paid the sum of One Hundred Fifty Dollars ($150.00) per month out of the treasuries of such counties, as other court expenses are paid. The duties of said secretary shall be to act as stenographer and secretary to said Judge and to perform such other and further duties in line with such position as may be required by the Judge of said Circuit. Secretaries for superior court judges in certain counties. Section 2. Be it further enacted by the authority aforesaid that laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 6, 1945.

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FEE SYSTEM ABOLISHED IN CERTAIN COUNTIES. No. 264. To change from the fee to the salary system in certain counties in Georgia having a population of not less than 81,000 inhabitants nor more than 83,000 inhabitants under the 1940 United States Census or any subsequent census, the Clerk of the Superior Court, (whether he be Clerk of the Superior Court or Ex-Officio Clerk of another court or courts); the Sheriff, the Ordinary, the Tax Collector, the Tax Receiver, the Treasurer; to make provisions regulating the carrying out of such charges; to regulate the collection and dispositions of costs; to provide for Deputies, Clerks and Assistants to such officers; to provide for the payment of salaries and compensation of County Officers, Deputies, Clerks, Assistants and the County Attorneys in such counties; to provide for the furnishing the Sheriffs in such counties with automobiles necessary for carrying on the work of his office and for the operation, upkeep and repair of the same; to provide for the necessary office expense of such officers and employees; to provide that no county official, Deputy, Assistant or member of the Board of Commissioners of Roads and Revenues, nor any Chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such Board; to authorize the transfer of any Deputy, Clerk, Assistant or Stenographer from one county office to another from time to time when the exigencies of the case may require same; to provide for emergency help; to provide for the payment of county officers, deputies, clerks, assistants and the county treasurer and the county attorney by the treasurer of such county; and for the disbursement thereof by the Sheriff, Clerk, Ordinary, Tax Collector and Tax Receiver as to their respective offices; to abolish county police in such counties, except as shall be done through the Sheriff's office in such counties; to fix the compensation of the members of the Board of Roads and Revenues of such Counties: to fix the salary of the County Attorney of

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such Counties and to denominate the County Attorney as an employee of such counties within the provisions of any laws dealing with employees; 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 81,000 inhabitants or more than 83,000 inhabitants, and to all counties in the State having, by an [sic] future census of the United States, a population of not less than 81,000 inhabitants 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, 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. Counties in which this Act applies. Fee system abolished. Section 2. Be it further enacted by the authority aforesaid that in all such counties the salaries of the following officials shall be as follows: Salaries of: (a) Clerk of the Superior Court, whether ex-officio clerk of another court or not, an annual salary of $6,000 per annum, payable in equal monthly installments. superior court clerk, (b) The Sheriff, an annual salary of $6,000 per annum, payable in equal monthly installments. sheriff, (c) The Ordinary, an annual salary of $6,000 per annum, payable in equal monthly installments. ordinary, (d) The Tax Collector, an annual salary of $6,000 per annum, payable in equal monthly installments. tax collector, (e) The Tax Receiver, an annual salary of $5,000 per annum, payable in equal monthly installments. tax receiver,

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(f) The County Treasurer, an annual salary of $5,000 per annum, payable in equal monthly installments; County treasurer. Provided, nevertheless, said salaries shall be in full payment of all fees or other emoluments that shall accrue to any and all such officers that would otherwise accrue to them except for this Act, and all fees or other emoluments collected by them or either of them from the State or any public agency by virtue of their respective offices, shall be paid by them unto the Treasurer of the county where such officer or officers hold office. Fees payable to county treasurer. Section 3. Be it further enacted by the authority aforesaid, that from and after the approval of this Act the Sheriff's deputies and assistants in all such counties shall consist of the following; all of whom shall be named from time to time by the Sheriff and all and each of whom shall serve as such at the will of the Sheriff and be discharged by such Sheriff without any claim to any unearned salary or salaries; and the salaries of such deputies and assistants shall be fixed by the Sheriff from time to time, at an amount not to exceed the following: Salaries of sheriff's deputies and assistants. 1 Chief Deputy Sheriff $250.00 per month 1 Deputy Sheriff 200.00 per month 1 Bookkeeper and Cashier 175.00 per month 1 Stenographer and File Clerk 145.00 per month 5 Deputy Sheriffs, each 185.00 per month 6 Deputy Sheriffs, each 180.00 per month 1 Deputy, Jailer and Finger Print Man 200.00 per month 1 Chief Deputy Jailer and Jail Record Keeper 165.00 per month 1 Deputy Jailer 150.00 per month 1 Deputy Jailer 150.00 per month Section 4. 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 such automobiles as may be necessary for carrying on the work of his said office, the number of said automobiles so furnished to be in the discretion of the Board of County Commissioners. The upkeep

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and repairs of said automobiles shall be paid for out of the county funds, and the county shall furnish all necessary gasoline, oil, and accessories for said automobiles; all in the discretion of and subject to the approval of the County Commissioners. Said automobiles are to be used in carrying on the work of the Sheriff's office. Automobiles for sheriff. Section 5. Be it further enacted by the authority aforesaid, from and after the approval of this Act, the Clerk of Superior Court's deputies and assistants, whether he be ex-officio clerk of another court or not, in all such counties, shall be as follows, and their salaries shall be fixed by the Clerk of the Superior Court from time to time, at an amount not to exceed the following: Salaries of superior court clerk's deputies and assistants. 1 Chief Deputy Clerk $200.00 per month 1 Deputy Clerk 185.00 per month 1 Deputy Clerk 175.00 per month 1 Minute Clerk and part Bookkeeper 160.00 per month 1 Recording Clerk and Bookkeeper 150.00 per month 2 Filing Clerk and Bookkeeper 150.00 per month [sic] 1 Stenographer, each 140.00 per month [sic] 1 Collector 80.00 per month All of whom shall be named from time to time by the Clerk of Superior Court and all and each of them shall serve at the will of the Clerk of such Court and be discharged by such Clerk, without any claim for any unearned salary or salaries. Discharge. Section 6. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the Ordinary's deputies and assistants in all such counties will be as follows and their salaries shall be fixed by the Ordinary from time to time, at an amount not to exceed the following: Salaries of ordinary's deputies and and assistants. 1 Clerk of Court of Ordinary $200.00 per month 1 Deputy Clerk-Stenographer 160.00 per month 1 Clerk-Stenographer 135.00 per month All of whom shall be named from time to time by the

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Ordinary of such county and all and each of them shall serve at the will of the Ordinary and be discharged by such Ordinary, without any claim for any unearned salary or salaries. Discharge. Section 7. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the Tax Collector's deputies and assistants in all such counties will be as follows and their salaries shall be fixed by the Tax Collector from time to time at an amount not to exceed the following: Salaries of tax collector's deputies and assistants. 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 Ex-Officio Sheriff 175.00 per month 1 Clerk and Stenographer 175.00 per month 1 Clerk and Stenographer 137.50 per month All of whom shall be named from time to time by the Tax Collector of such county and all and each of them shall serve at the will of the Tax Collector and be discharged by such Tax Collector without any claim for any unearned salary or salaries. Discharge. Section 8. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the Tax Receiver's deputies and assistants in all such counties will be as follows and their salaries shall be fixed by the Tax Receiver from time to time at an amount not to exceed the following: Salaries of tax receiver's assistants. 2 Clerks, each $175.00 per month All of whom shall be named from time to time by the Tax Receiver of such county and all and each of them shall serve at the will of the Tax Receiver and be discharged by such Tax Receiver, without any claim for any unearned salary or salaries. Discharge. Section 9. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the salary of each member of the Board of Commissioners of Roads and Revenues in all such counties shall be

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$1,500 per annum, payable in equal monthly installments. Salaries of commissioners of roads and revenues. Section 10. Be it further enacted by the authority aforesaid, the County Treasurer in all such counties shall be entitled to no deputy or assistant, unless such deputy or assistant shall come within the meaning of Section 15 hereof, in reference to emergencies. Assistants for county treasurer. Section 11. Be it further enacted by the authority aforesaid, that from and after the approval of this Act the County Attorney in all such counties shall be paid a salary of $4,200 per annum, to be paid in twelve equal monthly installments; and such county attorney shall be construed as an employee of said county in reference to any laws governing employees in such counties and deductions from his pay for any county pension law now or hereafter enacted shall be deducted from his salary monthly. County Attorney's salary. County attorney as employee under pension law. Section 12. Be it further enacted by the authority aforesaid, that in all counties described in Section 1 hereof, the necessary office expense of the officers herein named, as well as all other county officers and employees, shall, when approved by the County Board of Commissioners, or other fiscal agent of said county, be paid out of the treasury of such county monthly, and each of said officers and employees is required to furnish to the County Commissioners or other fiscal agent an itemized statement of such necessary expenses at the first regular meeting of such board or fiscal agent in each month; provided, the counties aforesaid shall only be liable for the payment of such items of expense as are approved by such Board of Commissioners, or other fiscal agent; provided, nevertheless, before any such item of expense shall be paid by the County Treasurer an itemized statement thereof shall be furnished such County Treasurer, and if such itemized statement is not furnished and the same shall have been paid, same shall be deducted from any amount or amounts that may be due to the person who has collected the same. No credit shall be taken for any such items unless duly itemized and authorized by said County Commissioners or other fiscal agent. Office expenses of county officers. Itemized statements.

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Section 13. Be it further enacted by the authority aforesaid, that no county official, deputy assistant and no member of the Board of County Commissioners of Roads and Revenues nor any Chairman thereof shall be paid from the county treasury any extra compensation, except legitimate expense duly authorized by said Board. Extra compensation. Section 14. Be it further enacted by the authority aforesaid, that there shall be no obligation upon the Clerk, Sheriff, Tax Receiver, Tax Collector, or the Ordinary to keep filled all of said positions in their respective offices, when, in their judgment, any such Deputy, Clerk or Assistant may be advantageously dispensed with; and such officials may from time to time fill or fail to fill any such positions. Filling all authorized positions not mandatory. Section 15. Be it further enacted by the authority aforesaid, that in case of emergency arising in any of said offices, that is to say, in the office of the Clerk of the Superior Court, or of the Sheriff, or of the Ordinary, or Tax Receiver, or Tax Collector, or County Treasurer, upon the same being called to the attention of the Board of Commissioners of Roads and Revenues of any such county by any of said officers in writing, the said Board upon a 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 from the county treasury in the same manner as other salaries are paid; provided, nevertheless, the Clerk of the Superior Court, the Sheriff, the Tax Collector, the Tax Receiver, or the Ordinary in any such county, or the fiscal agent of such county, may request any deputy's, clerk's, assistant's or stenographer's superior officer working under one office to be transferred from one office to another at such time or times as said superior officer may deem the service of such

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deputy, clerk, assistant, or stenographer to be unnecessary in his office from where removed, and during such time that such deputy, clerk, assistant or stenographer to be unnecessary in his office from where removed, and during such time that such deputy, clerk, assistant or stenographer may be working elsewhere under such orders, his or her position shall not be filled in the office from where removed, and as soon as such emergency may cease to exist then said superior officer from where removed, may order the return of such deputy, clerk, assistant, or stenographer to his or her original position. Additional assistants in emergencies. Section 16. Be it further enacted by the authority aforesaid, that it shall be proper and lawful for the Treasurer of the county or other custodian or depository of county funds, to pay out of the county funds the monthly portion of such salaries and expenses to each officer and County Attorney herein named, together with the salaries fixed for the assistants and deputies and expenses of the office, and it shall be the duty of the Sheriff, Clerk, Ordinary, Tax Collector and Tax Receiver to disburse the salaries of assistants and deputies and expenses of the office. Payment and disbursement of salaries. Section 17. 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 approval 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 accounted for and paid over to said county on or before the tenth day of each month, at which time a detailed itemized statement shall be made by the officer, under oath, showing such collections and the source from which collected, to the Board of Commissioners of such County. The fees received for the State by the Tax Collector and Tax Receiver shall be collected and received by such officers for and on behalf of such counties as are described in Section 1 hereof, and immediately upon collection of the same

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by said officers, the said funds so collected shall be turned over to the County Treasurer, or other depository of county funds. Fees payable to county. Itemized statements. Section 18. 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 so far as the same constitutes the compensation of said officers, but the same schedule of fees and costs prescribed under the existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasury of such counties as are described in Section 1 hereof. Salaries are sole compensation. Fees. Section 19. 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 or 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 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 costs, and as to the distribution thereof shall remain in force but as herein provided all such sums shall be collected for the use of the county, and shall be paid monthly into the county treasury, of such counties as are described in Section 1 hereof,

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by the officer by whom collected, as herein provided; and all fees collected by the Tax Receiver and Tax Collector from the State or from any source whatsoever by virtue of their respective offices, shall be paid into the county treasuries and belong to such county or counties. County subrogated to officers' rights as to collection of fees, etc. Section 20. Be it further enacted by the authority aforesaid, that the County Police in all such counties as coming within the provisions of this Act are hereby abolished, and all county police work in such counties shall be done by and through the Sheriff of said counties and his deputies; and in no such county shall the Board of Commissioners of Roads and Revenues established or maintain any county police in addition to that maintained through the Sheriff and his deputies. County police abolished. Section 21. Be it further enacted by the authority aforesaid, 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 or other fiscal agent of said counties. Premiums on bonds. Section 22. Be it further enacted by the authority aforesaid, the Board of Commissioners of Roads and Revenues of any such counties shall have the right, in case of emergency, to authorize employment of additional employees or assistants in any of said offices in any such counties and to fix their compensation; provided, nevertheless, said Board of Commissioners may at any time require the discharge of any such emergency employees without additional compensation to such employees. Emergency employees. Section 23. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict, whether general or special Acts, are hereby repealed; and, provided that this Act shall be construed as fixing such salaries from January 1, 1945, and if any part of this Act should be declared unconstitutional or invalid, it shall not affect the remaining portions thereof. Repealing clause. Effective date. Saving clause. Approved March 6, 1945.

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RICHMOND BOARD OF HEALTH PENSIONS. No. 265. An Act to amend the Act approved August 22, 1931 (Georgia Laws 1931, page 660-673), said Act being entitled: An Act to repeal an Act entitled, `An Act to authorize The City Council of Augusta to create a Board of Health for said city,' approved February 26, 1877, amended August 23, 1879, amended December 8, 1880, amended August 15, 1922, and amended August 2, 1924; to combine the Board of Health of the City of Augusta with the Board of Health for Richmond County, and said combined Body to be known as the `Richmond County Department of Health,' and for other purposes, so as to provide a retirement system and pension fund for the employees of the Board of Health and/or the Department of Health of Richmond County; to require that three (3%) per centum of the salary, wage or remuneration of each employee of said Board of Health be deducted from his pay and paid into said fund as part thereof; to require said Board of Health and/or Department of Health of Richmond County to pay into said fund as part thereof a sum equal to the amount deducted from its employees' salaries, wages or remuneration; to provide authority for said Board of Health and/or Department of Health of Richmond County to increase or reduce from time to time such withholdings from such employees' salaries, wages or remuneration and to increase or reduce from time to time the sum to be paid by said Board of Health and/or Department of Health of Richmond County in matching said withholdings from such employees' salaries, wages or remuneration; to provide and require that the sums of money to be paid into said pension fund by said Board of Health and/or Department of Health of Richmond County to be entered into and made a part of the annual budget of the Board of Health of Richmond County and said sums to be paid over to said Board of Health by The City Council of Augusta and Richmond County on the per centage basis as

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other appropriations now made by said City and County; to provide for the method of retirement and pension of said employees of said Board of Health and/or Department of Health of Richmond County; to provide for said retired employees to be paid from the employees pension fund of said Board of Health; to provide for total and permanent disability and temporary disability pensions; to provide for punishment under the criminal laws of Georgia for persons who violate the terms of this Act; to repeal all 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 the Act approved August 22, 1931 (Georgia Laws 1931, pages 660-673), said Act being entitled: An Act to repeal an Act entitled, `An Act to authorize The City Council of Augusta to create a Board of Health for said City,' approved February 26, 1877, amended August 23, 1879, amended December 8, 1880, amended August 15, 1922, and amended August 2, 1924; to combine the Board of Health of the City of Augusta with the Board of Health for Richmond County, and said combined Body to be known as the `Richmond County Department of Health,' the jurisdiction of said body to extend over both the city and county; and for other purposes, is hereby amended as hereinafter set forth so as to provide a retirement system and pension fund for the employees of the Board of Health and/or the Department of Health of Richmond County; to require that three (3%) per centum of the salary, wage or remuneration of each employee of said Board of Health be deducted from his pay and paid into said fund as part thereof; to require said Board of Health and/or Department of Health of Richmond County to pay into said fund as part thereof a sum equal to the amount deducted from its employees' salaries, wages or remuneration; to provide authority for said Board of Health and/or Department of Health of Richmond County to increase or reduce from time to time such withholdings from such employees' salaries, wages or remuneration and to increase

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or reduce from time to time the sum to be paid by said Board of Health and/or Department of Health of Richmond County in matching said withholdings from such employees' salaries, wages or remuneration; to provide and require that the sums of money to be paid into said pension fund by said Board of Health and/or Department of Health of Richmond County to be entered into and made a part of the annual budget of the Board of Health of Richmond County and said sums to be paid over to said Board of Health by The City Council of Augusta and Richmond County on the percentage basis as other appropriations now made by said City and County; to provide for the method of retirement and pension of said employees of said Board of Health and/or Department of Health of Richmond County; to provide for said retired employees to be paid from the pension fund of said Board of Health; to provide for total and permanent disability and temporary disability pensions. Acts amended. Board combined. Retirement system created. Matching and withholding fund. Section 2. Definitions. As used in this Act, the following terms and phrases shall have the following meaning, to-wit: Words defined. (1) Time of service as an employee shall mean the time spent in the service of the Augusta Board of Health and/or Department of Health that was operated immediately prior to the present Board of Health and which was operated by virtue of an Act of the General Assembly, approved February 26, 1877, as amended by an Act approved August 23, 1879, as amended by an Act approved December 8, 1880, as amended by an Act approved August 15, 1922, as amended by an Act approved August 2, 1924, shall be counted in computing the total number of years of service credited to those employees who were in the service of either organization and who continued in the service of the present Richmond County Board of Health and/or Department of Health and who are in the service of said Board and/or Department of Health at the time of the adoption of this Act. (2) Time spent in the armed forces of the United States during the present war by any employee shall be

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counted in the total time of service of such employee for retirement purposes, providing said employee returns to his position with said Board within ninety days after his discharge from said armed services. (a) Employee shall mean all employees of the Richmond County Board of and/or Department of Health, that are elected or appointed by the Board. (b) Board or The Board shall mean the Richmond County Board of Health; Department shall mean the Richmond County Department of Health. (c) The masculine shall include the feminine and the singular shall include the plural, wherever the context requires it. (d) Year or Years shall mean full calendar years; intervening legal holidays, annual leaves, and sick leaves not to be deducted. (e) Effective Date shall mean the first day of the first month following the approval of this Act by the Governor. (f) Finance Officer shall mean some person designated by the Board to be responsible for the collection, disbursement, and keeping records of the Fund. (g) Chairman of the Board shall mean the Chairman of the Richmond County Board of Health. Section 3. There is created a permanent pension fund for the benefit of every employee covered by this Act, and said fund shall be known as the Board of Health Employees' Pension Fund and shall be kept in a separate account earmarked Board of Health Employees' Pension Fund with a separate permanent record thereof, which record shall be kept by the Finance Officer of said Board, and no warrant shall be drawn on said Fund except as provided in this Act, except that at any time said fund exceeds the sum of Five Thousand Dollars ($5,000.00) on deposit in any one bank, said Finance Officer shall purchase bonds for the benefit of the said pension Fund with all excess above Five Thousand Dollars

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($5,000.00) provided said bonds are approved by the Georgia Laws for purchase by Trustees of Trust Estates in Georgia. The Finance Officer shall at no time have in any one bank more than Five Thousand Dollars ($5,000.00) of said pension funds, and all such depositories shall be in Richmond County, Georgia. The said Finance Officer's voucher, when countersigned by the Chairman of the Board, shall be the method of withdrawal from said pension fund; acting Finance Officer, or acting Chairman, when properly designated as such in accordance with the Ordinances of the Richmond County Board of Health, shall have authority to perform all acts and duties, and shall perform all acts and duties conferred by this Act on said Finance Officer or Chairman, hereinafter provided for, shall likewise include and cover anyone acting in his stead as acting Finance Officer or Chairman. Board of Health employees' pension fund. Record kept by finance officer. Purchase of bonds with excess funds. Depositories. Section 4. It shall be the duty of the Board to see that the provisions of this Act are carried out strictly in conformity with this Act. Section 5. Said Board of Health Employees' Pension Fund shall be kept separate from all Board monies. Pension fund kept separate from Board money. Section 6. All decisions of the Board in regard to said pension Fund, or any withdrawal therefrom, shall be entered on a separate pension record kept by the Finance Officer, and shall also be kept on the minutes of said Board and all entries appearing on the minutes of the Board shall be transcribed by said Finance Officer upon his permanent record book as to said pension Fund, in order to readily determine the status of said Fund, and each of the said records shall be a legal record thereof, and it shall be the duty of said Board to see that said records conform one to the other at all times. Record kept separate. Section 7. The sum of three (3) per centum shall be deducted by the said Finance Officer from the salary, wages, or remuneration of each employee of the Board not specifically excluded by this Act, as and when paid, by pay vouchers, or other forms of payment, for services rendered. This deduction shall be deposited by said

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Finance Officer in the Board of Health Employees' Pension Fund in conformity with this Act, and he, the said Finance Officer, is designated as custodian of such fund. During each year after the effective date of this Act, the Board shall pay over to said Finance Officer for said Board of Health Employees' Pension Fund, and which shall become a part thereof and be the property of such Fund, a sum equal to the amount deducted by the Finance Officer from the salaries, wages or remunerations, and it is hereby made the duty of said Finance Officer to collect and receive said equal sum from the Board, and the Board shall pay it over to him, as herein directed, and he shall collect the same promptly and deposit it in said Board of Health Employees' Pension Fund; provided, however, the Board shall have authority from time to time to increase the contributions by said employees up to five (5%) per centum of such salary, wage or remuneration, but upon each such increase on the part of such employees, then and in that event the Board shall make its contributions correspond to the percentage deducted from such employee's salary, wage or remuneration, provided, however, that before said Board shall be authorized to increase said contributions by itself and said employees, said Pension Fund shall have been depleted so that there shall not be in the Fund an amount sufficient to pay the pensions of those on the pension roll for a period of twelve months; provided, however, should in the judgment of said Board, said pension fund shall have grown to such an extent as to reduce the contributions to this fund down to as low as three per centum, then and in that event, said Board shall have authority so to do. Deduction from wages. Matching fund. Contributions increased when funds depleted. Section 8. The Finance Officer shall keep a full and complete record of receipts for and deductions from said Fund, and of deductions from the salaries, wages and compensation of employees; and of the payments made into said Fund. Such records of the Finance Officer, together with any records furnished him by the Board, shall be open to inspection at all regular business hours. Records open to inspection. Section 9. The said Fund is hereby declared not to

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be the property of said Board and this includes any sum paid in or directed to be paid in by said Board, and it shall reserve no property in any sum raised or due by virtue of this Act. The Fund is not the property of Board. Section 10. That when a pension is properly allowed as herein provided, and becomes a charge on said Pension Fund, if there is not sufficient money in said Pension Fund to pay said pension promptly at the time it falls due, and from time to time, then the Board shall provide by appropriation a sufficient sum to meet any such deficiency in payment of such pension or pensions, so that any and all pensions shall be paid when due, which will be at the same time and in the same manner as monthly salaries are paid, provided further that the contributions to said fund by said Board shall be a legitimate item in the annual appropriations of said Board, which shall be paid over to said Board by The City Council of Augusta and Richmond County on the same percentage basis as other annual appropriations made to said Board by said City and County. Deficiencies met by appropriations. Section 11. Any person who becomes an employee after the effective date of this Act, in order to come under any of the benefits of this Act, or be entitled to any of the benefits of this Act as an employee shall furnish to said Board proof of his age and a health certificate to its satisfaction as to his age and to its satisfaction as to his good health at the time of such employment and at the time of his employment shall file the proof of his age and certificate of his health with the Secretary of the Board and said certificate shall be from a reputable practicing physician in the City of Augusta, designated for that purpose by said Board. Employees after effective date. Health certificate. Section 12. That every employee in active service and employment at the time of the effective date of this Act, or hereafter, whose total service as an employee shall at any time amount to twenty-five (25) years, may retire on his own motion, and this shall include any employee who shall have served twenty-five years prior to the effective date of this Act, and any employee who shall serve his twenty-five (25) years after the effective date of this

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Act, and also include any employee who serves twenty-five (25) years regardless of whether part of said service is before the effective date of this Act and part of the service is after the effective date of this Act, such employee shall be retired at one-half of the highest salary or wage or remuneration he has received as an employee within the period of seventy-two months immediately preceding his retirement, plus two (2) per centum for each year's service beyond said twenty-five years, however, at no time shall any pension exceed sixty (60) per centum of the highest salary, or wage or remuneration paid to said employee within the period of seventy-two months immediately preceding his retirement, nor shall any pension be granted under the provisions of this or any other section of this Act to exceed One Hundred and Twenty-Five ($125.00) Dollars per month and no part of any salary exceeding Three Thousand ($3,000.00) Dollars per annum shall be considered in the computation of the pension contribution by the employee or the amount of pension to be paid. Retirement age. Term of service. Pension based on percentage of wages. Section 13. That each employee in active service and employment at the time of the effective date of this Act, or hereafter, whose total services as an employee which amounts to at least twenty years, that is separated from the service involuntarily by action of said Board will constitute a retirement of such employee if he so elects. Such employee so retired shall be retired at two (2) per centum of his salary times the number of years he has served as an employee, at the highest salary, wage or remuneration he has received as an employee within the period of seventy-two months immediately preceding his retirement; the years of service shall be twenty or more years before the effective date of this Act, or twenty or more years after the effective date, or twenty or more, part of which was served prior to the effective date of this Act and part of which was served after the effective date of this Act, provided, however, no employee shall draw any benefits under this section if his involuntary separation from the services of the Board is found by the Board to have been caused by the employee's wilful misconduct,

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or self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication or wilful misconduct, or due to the commission of crime under the laws of this State, or any other State or the United States. Involuntary separation from service. Not operative in case of wilful misconduct, etc. Section 14. Any employee when he is sixty-five years of age, whether he became sixty-five years of age prior to the effective date of this Act, or becomes sixty-five on or after the effective date of this Act, may retire at will at two per centum of the highest salary or wage or remuneration he has received as an employee within seventy-two months immediately preceding his retirement, times the number of years served, not to exceed sixty per centum of the highest of such salary, or wage or remuneration received, provided that said employee has at least ten or more years of service as an employee; and, provided further that during the first five years from the effective date of this Act, the foregoing provisions shall not apply unless such voluntary retirement is approved by a majority of said Board, anything in this Act to the contrary notwithstanding; provided, however, should any employee retire under the terms of this Section who has served twenty-two (22) years or more as an employee, he shall then receive as his pension fifty (50%) per centum of his salary, wage or remuneration at the time of his retirement, subject to the limitations of maximum pensions provided for in Section 12 hereof. When employee reaches 65 whether before or after effective date of this Act. Retirement at will. Section 15. Any employee who is permanently and totally disabled while in the discharge of his duties, and arising out of and in the course of his employment for said Board, whether said disability is caused by injury or disease, shall be placed on the pension list, provided he has, prior to said permanent and total disability, continuously, actively performed the duties of his employment for one year after the effective date of this Act, and shall be paid while so permanently and totally disabled one-half of the highest salary or wage or remuneration that he has received as an employee within the period of seventy-two months immediately preceding his said permanent and total disability. Provided, however, that should said employee receive any Workmen's Compensation

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while so disabled, such Workmen's Compensation so received, excluding medical, doctor, nursing and hospitalization, shall be subtracted from any pension voucher paid such employee, and he shall receive only the excess of any pension due him after the subtraction of the amounts of Workmen's Compensation received by him, less any other indebtedness due the Board by said employee, and it shall be the duty of said Board to determine the cause and manner of the claimed permanent and total disability and to declare in its findings whether or not such disability is permanent and total. Totally and permanently disabled shall mean that the employee is not able, on account of disability received in the discharge of his duties, to adequately discharge the duties of his job or office, nor ever will be, and no employee shall be declared to be totally and permanently disabled to discharge the duties of his job or office, except upon the recommendation of three reputable physicians, after examination, who shall consider the case and make their findings. One of said physicians shall be selected by said Board, one by the employee, and these two shall select the third. The recommendations of the physicians shall state that they find him totally and permanently disabled from performing the duties of his job or office and/or that they do not find him totally and permanently disabled from performing the duties of his job or office, and the majority report of the physicians shall govern. Should the report of the physicians state that they find the employee totally and permanently disabled from performing the duties of his job or office, then said employee shall be declared totally and permanently disabled, and entitled to draw the pension hereinbefore set out, and his right to draw said pension shall date back to the time of injury; provided, however, that no employee shall draw any benefits under this section if his disability is found by the Board to have been caused by the employee's wilful misconduct, or self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication or the wilful misconduct, or due to the commission of crime under the laws of this State, or any other State or the United States; and provided

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further it shall be the duty of said Board to make frequent investigations of the disability of such employee, and in the event it determines that he is no longer totally and permanently disabled and is able to actively perform his duties or services that he was employed to perform at the time of his injury that resulted in the claimed permanent and total disability, to order said pensioner to return to work and remove him from the pension list; provided, however, after said employee is declared permanently and totally disabled and he desires to accept other employment with the Board that he is able to perform that is offered him by said Board, as long as he performs such duty he shall be paid at least as much as he would receive from his pension but shall not receive a pension, and in such cases the employee may leave such employment at any time he sees fit and be immediately returned to the pension list at the sum that he was retired on, and the Board may strike him from the pay roll and return him to the pension list at any time it sees fit. Permanently and totally disabled. Employment one year before disability. Workmen's compensation deducted. Indebtedness due the Board. Definition of total disability. Examinations by physicians. Other employment. Return to pension roll. Section 16. Any employee who after one year from the effective date of this Act that shall become disabled and cannot perform the duties of his employment and who has to his credit twelve years of employment as an employee, whether such twelve years be before the effective date of this Act, or be after the effective date of this Act, or part of such years are before the effective date of this Act, and part after the effective date of this Act, and who, after four weeks continuous unbroken disability, makes application in person or by his authorized representative, to the Richmond County Board of Health, and is found by said Board disabled and cannot perform the duties of his employment, shall be placed on the pension list and receive, while so disabled, excluding first four (4) weeks, a pension of two (2) per centum of the highest salary or wage or remuneration he has received as an employee within seventy-two (72) months immediately preceding such disability times the number of years served, during the continuance of his disability. Provided, it shall be the duty of the Board to make frequent investigations of such cause and return such employee to active

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duty or service as soon as he is able to return, at which time his pension, by virtue of this Section, will stop. Provided, that should such employee receive any Workmen's Compensation, while so disabled, such Workmen's Compensation so received, excluding medical, doctors, nursing and hospitalization, shall be subtracted from any pension voucher paid said employee and he shall receive only the excess of any pension due him after the subtraction of the amounts of Workmen's Compensation, as well as any other indebtedness that he may be due the Board; provided, further, that no employee shall draw any benefits under this section if his disability is found by the Board to have been caused by the employee's wilful misconduct or self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication, or wilful misconduct, or due to the commission of a crime under the laws of this State or any other State or the United States; provided, however, none of the provisions of this Act shall detract from the rights of such employee under the rules pertaining to annual or sick leave as fixed by the laws of Georgia and the rules and regulations of the Georgia Merit System for employees covered by said Merit System; provided, further, that such pension shall date from the expiration of any annual or sick leave that may be to the credit of the employee at the beginning of his disablement. Twelve years' service prior to disability. Percentage. Frequent investigations When disability caused by wilful misconduct, etc. Section 17. Any employee, who, before retirement, voluntarily, absolutely separates from the service, or who is discharged, or whose office or position is abolished, shall have returned to him or his estate, within ninety (90) days of the date of application after he is absolutely separated or his discharge becomes final, ninety (90) per centum of the amount of deductions from his salary, wages or remuneration by virtue of this Act, without interest, less any disability payments he has received, also less any indebtedness whatever that he may be due the Board, provided such employee has, after becoming such employee and after the effective date of this Act, continued in continuous employment as provided by this Act for twelve months, and when said ninety (90) per centum is returned to said employee, he shall not have any further

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claim or rights to receive any fund, or payments whatsoever of any kind or character from said fund. Part of deductions returned upon separation from service. Section 18. If an employee is separated from the service of his employment, as defined in this Act, by death, there shall be returned to his or her surviving spouse, if one, and if not then to his or her next of kin upon application therefor, ninety (90) per centum of the deductions from his or her salary, wages or remunerations, less any payments made to him or her by reason of any other provisions of this Act, and less any sum that might be due by him or her to the Board, which amount so due shall be paid to the Board; and when said ninety (90) per centum less authorized deductions, if any, is returned to said employee or his or her estate, or his or her personal representative shall receive from said fund no other sums whatsoever. Separation from service by death, return of deductions. Section 19. Any employee who before retirement, or who voluntarily separates from the service, or is discharged, or his office or position abolished and is thereafter re-employed by the Board, and upon the presentation to the Board of a certificate from a doctor designated by the Richmond County Board of Health, certifying that such permanent employee is in good health and able to perform actively the duties of his employment by the Board, his services prior to such separation or discharge shall be counted in his length of service with the Board, provided he shall, before he completes twelve months continuous employment after being so re-employed by the Board, pay back into the pension fund, by paying to the Finance Officer of said Board, the amount refunded to such employee by reason of such separation or discharge. Re-employment after separation from service. Repayment of refund. Section 20. There shall not be paid to any person whomsoever more than one benefit at a time under this Act. Only one benefit at a time. Section 21. That whenever any employee of the Board is properly placed on the pension list to draw a pension from said pension fund, his pension shall be increased in proportion as the salary, wage or remuneration of

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the job or position that he retired on at the time of retirement shall be increased. Provided that reduction shall be made in the pension in proportion with the salary, wage or remuneration decreased from time to time for such job or position that said employee so pensioned retired on; however, said pension shall never be reduced to less than the original pension granted. Pension increased in proportion to increase in wages. Section 22. All applications for pension shall be made to the Secretary of the Board on forms prescribed by the Richmond County Board of Health and printed for use in such cases, and it shall be the duty of the Richmond County Board of Health to provide said forms at all times and the Secretary of the Board shall immediately transmit such application to the attorney for said Board for his approval as to form and procedure, and upon his approval, same shall then be presented to the Board. Applications for pension. Section 23. That the pension Fund of the Richmond County Board of Health and/or Department of Health heretofore created by Acts of the General Assembly and all funds therein at the time of the effective date of this Act shall be made a part of the Fund provided for herein. Said Board is further authorized to set aside other sums as may be available from earnings of the Department and received as bequests and legacies that may be bequeathed to said Employees' Pension Fund. Funds of Boards consolidated. Bequests and legacies. Section 24. Said Board is further granted authority to integrate the pension system herein provided for with that of the Georgia State Department of Health where same may work to the advantage of the Board and said employees. Integrate with State Dept. of Health. Section 25. At the close of each year the Finance Officer shall make a written report to the Richmond County Board of Health of funds on hand and liabilities of said pension, both accrued and contingent. Written reports yearly. Section 26. Each section of this Act and every part of each section are declared to be independent sections and the holding of any section or part of any section to be void, shall not affect the other sections or parts of such

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sections, and it is declared that the other sections not so held to be void, or parts of sections not held to be void would have been enacted regardless of any section or part of any section being held void. Invalid parts. Section 27. The Act constitutes a contract between the Richmond County Board of Health and each employee now and hereafter from the date it becomes effective. This Act constitutes contract. Section 28. Any person whosoever covered by this Act, or administering the provisions of this Act that violates the provisions of this Act shall be guilty of a misdemeanor and shall be punished, if found guilty, as provided for the punishment of a misdemeanor in this State. Violation a misdemeanor. Section 29. That the first day of the first month after the approval of this Act by the Governor of Georgia shall be the Effective Date of this Act, and beginning with said Effective Date this Act is declared to be effective and an existing law of the State of Georgia. Effective date. Section 30. All laws and parts of laws, Acts and Ordinances in conflict with this Act are hereby repealed. Approved March 6, 1945. FULTON PARKS AND RECREATION COMMISSION. No. 266. An Act to establish a Parks and Recreation Commission in Fulton County; to prescribe the duties of such Commission and the rights, powers and responsibilities of the members thereof; to provide the manner of appointment of such Commission; to provide that the Chairman of the Public Works Committee and the Chairman of the Parks Committee of Commissioners of Roads and Revenues Fulton County shall be ex-officio members of said Commission; 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:

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Section 1. A Parks and Recreation Commission for Fulton County is hereby established. Commission established. Section 2. Such Commission shall be composed of nine (9) members elected for terms of three (3) years each, by the vote of a majority of the members of Commissioners of Roads and Revenues Fulton County. It shall be the duty of Commissioners of Roads and Revenues Fulton County immediately upon the adoption of this Act, to name nine (9) persons to serve as members of the Parks and Recreation Commission. Three (3) of the nine (9) so named shall serve for a period of three (3) years; three (3) of the members so named shall serve for a period of two (2) years; and the remaining three (3) members so named shall serve for a period of one (1) year. Upon the expiration of the term for which such members are originally appointed, they shall be eligible for reappointment for a full term of three (3) years. The Chairman of the Public Works Committee and the Chairman of the Parks Committee of Commissioners of Roads and Revenues Fulton County shall be ex-officio members. Members and terms. Section 3. The members of the Parks and Recreation Commission shall be citizens of Fulton County whose interest in parks and recreational activities, education, and in the activities of young people and social welfare work, has been demonstrated. No person shall be eligible for appointment unless such person shall be at least twenty-five (25) years of age. No person shall be eligible for appointment who holds any other public office under the government of Fulton County, except the County Superintendent of Schools. Members shall be citizens. Eligibility. Section 4. The Parks and Recreation Commission shall select its own Chairman who shall serve for a term of one (1) year but shall be eligible for re-election as such Chairman. In all matters before the Commission, ex-officio members shall be eligible to vote but the ex-officio members shall not be eligible to act as Chairman of the Commission. Chairman. Section 5. It shall be the duty of the Parks and Recreation Commission to investigate, plan, promote and recommend

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to the Commissioners of Roads and Revenues Fulton County a complete parks and recreational program for Fulton County. It shall likewise be the duty of such Commission to investigate, plan and recommend the location of new parks and recreational areas, improvement, expansion, use, management, personnel, and operation of existing parks and recreational facilities. No land shall be purchased for park purposes unless same has first been submitted to the Parks and Recreation Commission for its consideration and recommendation; provided, however, it shall be within the power and discretion of the Commissioners of Roads and Revenues Fulton County to adopt or reject any proposal or recommendation or any budget, notwithstanding the approval or disapproval or recommendation of the Parks and Recreation Commission. Duties. Section 6. The Director of Recreation for Fulton County shall serve as Secretary of the Parks and Recreation Commission for which service he shall receive no compensation but such services shall be deemed a part of the regular services performed by such Director. Secretary. Section 7. The members of the Parks and Recreation Commission shall serve without compensation. Nothing in this Section shall be construed to prevent the Commissioners of Roads and Revenues Fulton County from furnishing stationery and office supplies, including facilities for keeping the records of such Commission. Members to serve without compensation. Section 8. The Parks and Recreation Commission shall have no employees but in the performance of its duties and responsibilities, shall be entitled to receive the services and cooperation of the Parks and Recreation Department of Fulton County and the Director and other employees thereof, subject, nevertheless, to the supervision and control of Commissioners of Roads and Revenues Fulton County. No employees. Section 9. 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 6, 1945.

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LANIER SUPERIOR COURT TERMS. No. 267. An Act to amend an Act approved March 15, 1943, No. 334, providing for the holding of four terms each year of Lanier Superior Court, 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 2 of said Act No. 334 be, and the same is hereby amended by striking therefrom wherever it occurs the word Third, and substituting in lieu thereof the word Fourth, so that said section as amended will read as follows: 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 Fourth Monday in May, Fourth Monday in August and Fourth Monday in November. Terms of court. Section 2. Be it further enacted by the authority aforesaid that Section 3 of said Act No. 334 be, and the same is hereby, repealed. Section 3 of 1943 Act repealed. 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 6, 1945. WILLACOOCHEE MAYOR AND ALDERMEN ELECTION. No. 268. An Act to amend an Act entitled an Act to create a new charter for the Town of Willacoochee, in the County of Coffee (now Atkinson County) and to consolidate and declare the right and powers of said corporation; etc., approved August 15, 1904 (Acts 1904, pp. 701-723) and all Acts amendatory thereto, by striking from said Act all of Section 3 in its entirety and by enacting

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a new Section 3 to provide that the mayor and two councilmen are to be elected on the third Saturday in December, 1945, shall hold office for two years and that three aldermen are to be elected on said date, shall hold office for one year and to provide for the election of their successors, so that the mayor and two aldermen will be elected at different times from the remaining aldermen; 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 Act entitled an Act to create a new charter for the Town of Willacoochee, in the county of Coffee (now Atkinson County) and to consolidate and declare the rights and powers of said corporation, etc., approved August 15, 1904 (Acts 1904, pp. 701-723) and all Acts amendatory thereto, be and the same is hereby amended by striking from said Act all of Section 3 in its entirety and by enacting in lieu thereof a new Section 3 to read as follows: Acts amended. Section 3. Be it further enacted, that the municipal government shall be vested in the mayor and board of aldermen, consisting of five members. Said mayor and aldermen shall be elected on the third Saturday in December, 1945, and the mayor and two aldermen so elected shall hold office for two years, or until his or their successors are elected and qualified. Thereafter the successors to the mayor and two aldermen elected for two years shall be elected on the third Saturday in December, 1947, and every two years thereafter. Three aldermen so elected in 1945 shall hold office for one year, or until their successors are elected and qualified. The successors to the three aldermen elected for one year term shall be elected on the third Saturday in December, 1946, and every two years thereafter, and the term of office shall be for two years, so that the mayor and two aldermen will be elected at different times from the three aldermen. Any male person shall be eligible to the office of mayor or aldermen who is a bona fide resident of said

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town at the time of his election, and who shall have paid all taxes, except the year of election and is a qualified voter in said town. Election of mayor and aldermen. Terms. Eligibility. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby amended [sic]. Approved March 6, 1945. AUGUSTA MUNICIPAL COURTSALARIES. No. 271. An Act to amend an Act approved December 29, 1937 (Acts 1937, page 675, et seq.), entitled: An Act to amend `An Act to abolish justice courts and the offices of justice of the peace and notary public ex-officio justice of the peace and the office of constable in the City of Augusta; to establish and create in lieu thereof a Municipal Court in and for the City of Augusta; to define its jurisdiction and powers; to provide for the election of a judge and clerk and sheriff, and the appointment of other officers thereof; to define their powers and duties and to fix their compensation; to provide for the rules and procedure and new trials in said court and writs of error therefrom; and for other purposes' amended by an Act approved March 24, 1933 (Acts 1933, pages 299-307) and amended by an Act approved March 21, 1935 (Acts 1935, pages 505-508); to enlarge the jurisdiction of said court to regulate and define the procedure in said court and make certain changes therein; to provide the manner of appointment of assistants to the clerk and sheriff; to fix the qualifications for the office of judge of said court; to provide the manner of holding elections for judge, clerk and sheriff; to change the manner of making up panels of jurors; to provide for trial by jury in certain cases, and to fix the costs in certain cases; and for other purposes; so as to change the salary of the Judge of said Court from $4,800 to $5,000.00 and the salary of the Clerk of said Court from $2,400 to $2,700 per annum, and the salary of the

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chief Deputy Clerk of said court to $1,800 per annum, and the salary of the Sheriff of said court to $2,700 per annum, and to provide that the salaries of the Deputy Sheriffs thereof shall be $1,800 per annum; 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 3 of the Act approved December 29, 1937 (Acts 1937, page 675 et seq.) whose caption is set forth in the caption hereof, be and the same is hereby amended so as to strike therefrom Section 3 of said Act approved December 29, 1937, and by inserting in lieu thereof, the following, to-wit: Act 1937 amended; Sec. 3 stricken. Section 3. Be it further enacted by the authority aforesaid that the salary of the Judge of said Municipal Court shall be $5,000.00 per annum; the salary of the Clerk of said Court shall be $2,700.00 per annum; the salary of the Chief Deputy Clerk of said court shall not exceed $1,800 per annum; the salary of the Sheriff of said court shall be $2,700.00 per annum; and the sheriff of said court shall have power, by and with the consent of the judge of said court, to appoint two deputy sheriffs at the salary of $1,800.00 per annum each, and with the consent of said judge of said court, a deputy sheriff or deputy sheriffs as the business of said court may demand at a salary not to exceed $5.00 per diem; provided nevertheless that said deputy sheriff or deputy sheriffs shall serve only during such time as both the judge and the sheriff may deem their services necessary for the best interests of the court. Any such deputy or bailiff may be discharged by the judge or sheriff at any time, and any such vacancy or vacancies thus created may be filled in the same manner as such officers were originally appointed under this Act as amended. The compensation of all officers of said municipal court shall be paid monthly out of the treasury of Richmond County, upon the warrants of the judge of said court, by the officer or officers charged by law with paying out the moneys of said county, and charged as a part of the court expenses of said court. Judge's salary. Clerk's salary. Sheriff's and deputies' salaries. Vacancies. Compensation paid from treasury.

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Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 6, 1945. SCHOOL BOND ELECTION IN CERTAIN COUNTIES. 32-1403 No. 277. An Act to amend Section 32-1403 of Title 32, Education, The Code of Georgia of 1933, so as to permit the Board of Education in counties having a population of more than 200,000 by the last or any future United States Census to call elections on the issuing of school bonds without the necessity of a petition signed by one-fourth of the registered voters; and for 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 32-1403, Bond Election. Tax to pay bonds and interest, of Title 32, Education of the Code of Georgia of 1933, be, and is hereby amended by inserting after the first sentence of said section the following: Provided also that in any case when the board of education of any county having a population of more than 200,000 by the last or any future census of the United States shall determine that an election should be held under this section for the purpose of determining whether school bonds should be issued, the board of education may call such election without the necessity of having a petition signed by one-fourth of the registered voters as would otherwise be required under the terms of this section. Amendment so that the section, as amended, will read as follows: 32-1403 amended. Tax to pay bonds and interest. In all counties in which a local tax is now or may hereafter be levied for school purposes, throughout the entire county, or

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throughout the entire county except that part embraced within the incorporated limits of a municipality or municipalities, when one-fourth of the registered qualified voters of such territory shall file with the board of education of such county, a petition asking for an election for the purpose of determining whether or not bonds shall be issued for the purpose of building and equipping a schoolhouse or schoolhouses for said county, or for the purpose of purchasing sites and buildings to be used for such purposes, or for the purpose of purchasing a site and erecting schoolhouses thereon, either one or all, the required number of petitioners to be determined by said board of education, it shall be the duty of said board of education to fix the amount, denomination, rate of interest, and dates when due, and call such election in terms of law now provided or which may hereafter be provided for a county issue of bonds, except as herein otherwise provided. Provided also that in any case when the board of education of any county having a population of more than 200,000 by the last or any future census of the United States shall determine that an election should be held under this section for the purpose of determining whether school bonds should be issued, the board of education may call such election without the necessity of having a petition signed by one-fourth of the registered voters as would otherwise be required under the terms of this section. Said board of education shall order such election to be held at the various polling places throughout the county or throughout the territory to be affected, of which they shall give notice by publication thereof once a week for four weeks previous to said election in the newspaper in which the legal advertisements of said county are published. None but registered qualified voters residing within the territory to be affected shall be permitted to vote in said election. The tax collector shall furnish a certified list of registered voters in such county or in the territory to be affected, to the managers of the election, 10 days previous to said election and after the same has been purged by the board of registrars, as now provided by

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law in cases of special elections. The ballots cast shall have written or printed thereon `For schoolhouse bonds' or `Against schoolhouse bonds.' The managers of the election, including such clerks as may be necessary, shall be appointed by the ordinary. The polls shall remain open during the hours as now fixed by law for general elections. The returns of the election, including all ballots cast, tally sheets, voters lists and other papers relating to the election, shall be made to the ordinary, who shall on the day following said election consolidate the vote and declare the result. In the event that two-thirds of the votes cast at such election shall be in favor of `schoolhouse bonds,' and such two-thirds is also a majority of all of the voters qualified to vote in said election, then the bonds shall be issued and sold, under all of the regulations now provided by law for other county bonds; the proceeds shall be turned over to the board of education in trust for the purpose or purposes aforesaid. Said board shall be authorized to remove, sell or otherwise dispose of old buildings, or buildings and grounds, and select new sites and erect new buildings thereon, or to contract for and purchase sites or sites and buildings, and add the proceeds of the sale of any such property to the proceeds from the sale of the bonds, and all to be held in trust for the purposes aforesaid, and no compensation or commission shall be paid to said board of education or any member thereof for services rendered in this respect. The county authorities, in levying and assessing taxes for the purpose of paying the interest and returning and paying off of said bonds shall, in the event that the entire county is not embraced within the area or territory in which said election is held, levy and assess such taxes only against the property located within the area or territory within which said election is held. For the purpose of taking care of and paying the principal and interest of these bonds, the board of education shall recommend, and the board of county commissioners or ordinary, as the case may be, shall levy upon the property subject to taxation in the entire county or in the area or territory within which said election is held, such tax as may be

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necessary to provide a sinking fund for the retirement of said bonds and for paying the principal thereof and the interest thereon; this to be in addition to the general tax for the maintenance of the schools of said county or territory. To read. Population. Election called without necessity of petition by one-fourth of registered voters. Ballots. Two-thirds of votes which are a majority of qualified voters bonds shall be issued. Tax for sinking fund and retirement. Section 2. Any and all laws or parts of laws in conflict herewith are hereby repealed. Approved March 8, 1945. COSTS IN DIVORCE CASES IN CERTAIN COUNTIES. No. 278. An Act to regulate the payment in advance of costs in divorce cases filed in the Superior Court in all counties in the State of Georgia having a population of not less than 33,000 and not more than 33,100 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 33,000 and not more than 33,100 according to the sixteenth census of the United States taken in 1940 or in any future census, there shall be paid into said court, as advance costs in said suits, the sum of $12.00 for each suit so filed. Population. Advance costs of $12.00. Section 2. In default of such payment the clerk of said Superior Court shall not be required to mark said suit filed, nor to issue process thereon. Suit not filed if default in payment of costs. Section 3. It shall be the duty of the clerk in all such cases to enter all of the pleadings upon the Writ Record of said court, and the verdicts and the decree of court upon the minutes of the court. Writ record.

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Section 4. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 8, 1945. LAKELANDELECTION OF ALDERMEN TO FILL VACANCIES. No. 279. An Act to amend an Act approved August 11, 1925 (Ga. Laws 1925 pp. 1217-1268) by striking Section 8 of said Act and substituting a new Section 8 by changing the method of electing Aldermen to fill a vacancy; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 11, 1925 (Ga. Laws 1925 pp. 1217-1268) be and the same is hereby amended by striking Section 8 in its entirety from said Act and by inserting in lieu thereof a new Section 8 to read as follows: Sec. 8 Act of 1925 pp. 1217-1268 stricken. Section 8. Be it further enacted that should the failure of said election at any time happen, the same may be held at any time thereafter upon ten days notice by the City Council of Lakeland. Should a vacancy occur in the office of the Mayor of said City, the Aldermen of said City shall elect from one of their members to fill such vacancy. Should a vacancy occur in the office of Aldermen of said City, within three months of the expiration of the term of office of such office holder, the City Council of Lakeland shall elect some qualified voter of said County for the unexpired term. In the event that the vacancy occurs more than three months before the expiration of the term of such Aldermen, the Mayor of said City shall call a special election within fifteen days after such vacancy with notice of such election to be published in one issue of the local newspaper. The law governing City elections insofar as applicable will govern such special election. Officers

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elected to fill vacancies shall be qualified immediately after the election. New Section 8. Vacancies filled. Special elections. Section 2. All laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 8, 1945. CITY COURT OF LUDOWICI JUDGE'S AND SOLICITOR'S SALARIES. No. 280. An Act to amend an Act creating the City Court of Ludowici in and for Long County, Georgia, approved August 6, 1921, and the Acts amendatory thereof, so as to increase the salary of the Judge thereof; to provide for the payment of a salary to the solicitor of said Court in lieu of fees therein provided; to provide that fees heretofore allowed the solicitor of said Court be paid into the Treasury of Long County, Georgia; to provide quarterly jury terms of said Court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act creating the City Court of Ludowici, Long County, Georgia, approved August 6, 1921, and the several Acts amendatory thereof, be and the same are hereby amended by striking the words and figures six hundred dollars ($600.00) in Section 4 of the said Act approved August 6, 1921, creating the City Court of Ludowici, and by striking the words and figures nine hundred dollars ($900.00) as appear in lines ten to fourteen Section 1, of an Act to amend an Act, approved August 20, 1927, at page 422, and inserting in lieu thereof the words and figures twelve hundred dollars ($1200.00), so that said sentence dealing with the salary of the judge shall read as follows: The judge of said Court shall receive a salary of twelve hundred dollars ($1200.00) per year, which shall not be increased or diminished during his continuance in office, and the same shall be paid monthly out of the funds of Long County. Acts amended. Judge's salary.

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Section 2. Be it further enacted by the authority aforesaid, that the Act creating the City Court of Ludowici, Long County, Georgia, enacted in 1921 Session of the General Assembly of Georgia, be and the same is hereby amended by striking from Section Five of said Act the following language: The solicitor shall receive the fees for each written accusation, and shall receive the same fees as are provided for and allowed the Solicitor-General of the Superior Courts for their services in misdemeanor cases, and other cases over which said court shall have jurisdiction, as same appears in lines twelve, thirteen, fourteen, fifteen, sixteen and seventeen of said Section five of said Act of 1921, page 367, and substituting in lieu of said stricken language the following language, to-wit: The said solicitor shall receive a salary of nine hundred dollars ($900.00) per annum, to be paid in monthly installments of seventy-five dollars ($75.00) each, out of the funds of said Long County, Georgia, which said salary shall be in lieu of all fees heretofore allowed said solicitor, and all fees heretofore allowed said solicitor shall be paid over to the proper authority designated by law to manage the fiscal affairs of the County of Long, and by said authority deposited in the general fund of said county. Solicitor's salary. Fees paid proper authority. Section 1 and 9 of Act 1931 p. 341 et seq. stricken. Section 3. Be it further enacted by the authority aforesaid, that from and after the passage and approval of this Act, that Sections One and Nine of an Act to amend the Act creating the City Court of Ludowici, approved August 26, 1931, page 341, et seq. be and the same are hereby stricken in their entirety, and substituting in lieu thereof Section Nine of the original Act creating the City Court of Ludowici, Long County, Georgia, as same appears in the said Acts of 1921, page 369. Sec. 9 of Act 1921 substituted. Section 4. Be it further enacted by the authority aforesaid that this Act shall become effective immediately upon its passage and approval. Effective date. 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 8, 1945.

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ASSISTANT SOLICITOR'S COMPENSATION IN CERTAIN COUNTIES. No. 283. An Act to amend an Act of the General Assembly of 1943 (Georgia Laws, Pages 431-33), entitled 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 the term of office, 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, so as to strike the figures $175.00 wherever they appear in said Act and insert in lieu thereof the figures $200.00. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same as follows: to-wit: That the Act of the General Assembly of Georgia, 1943, to-wit: Georgia Laws, pages 431-433, is hereby amended by striking from Section 1, Paragraph (3) the figures $175.00 wherever they appear in said Act and inserting in lieu thereof the figures $200.00, when and as amended in the above mentioned particulars said Section 1 Paragraph (3) of said Act approved March 18, 1943, shall read as follows: to-wit: Act 1943 pp. 431-433 amended. Section 1, Paragraph (3). The salary of said Assistant Solicitor of said City Court or County Court shall be $200.00 per month to be paid monthly out of the county treasury of the county of said Assistant's appointment, and he shall be entitled to and be paid monthly out of said county treasury of such county the sum of $50.00 per month for car allowance so long as he uses his car in connection with his office. Assistant Solicitor's salary. 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 8, 1945. AUGUSTA JUDICIAL CIRCUIT SOLICITOR GENERAL'S SALARY. No. 284. An Act to amend an Act entitled An Act to amend an Act approved August 18, 1919, entitled `An Act to abolish the fee system now existing in the Superior Courts of the Augusta Judicial Circuit, as applied to the office of solicitor-general and all fees, now, heretofore, or hereafter accruing to the office of solicitor-general, in said circuit, in so far as the same constitutes the compensation attached to said office; to provide for the payment of a salary to said solicitor-general, in addition to the salary prescribed in paragraph 1, of section 13 of article 6 of the constitution of this State. To provide for the disposition of the fines, forfeitures, and fees, including insolvent cost, accruing to the office of Solicitor-General in said Judicial Circuit; to impose certain duties upon the clerks of the Superior Courts of the counties composing said circuit, in reference to the collection, payment, and disposition of all funds, monies, and emoluments accruing to the office of Solicitor-General; to provide for the levy and collection of a tax by the county authorities of the various counties composing said circuit, for the purpose of paying the salary of said Solicitor-General, and for other purposes', which Act was thereafter amended by an Act approved August 17, 1920, and further amended by an Act approved August 15, 1922; to provide for the amount of money which each county composing said circuit is to pay said Solicitor-General of said circuit as a salary, to provide for an increase in the salary heretofore paid by Columbia County from $500.00 to $800.00 per annum, and for other purposes; so as to strike from Section 1 thereof, the following, to-wit: Richmond

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County shall pay the sum of $5,000 and to insert in lieu thereof, the following, to-wit: Richmond County shall pay the sum of $5,400; 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 whose caption is set forth in the caption hereof, as amended by an Act approved August 1, 1929 (Acts 1929, page 782 et seq.), be amended in Section 1 thereof so as to strike therefrom the following, to-wit: Richmond County shall pay the sum of $5,000, and by inserting in lieu thereof, the following, to-wit: Richmond County shall pay the sum of $5,400. Solicitor general's salary. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be, and they are hereby, repealed. Approved March 8, 1945. HOUSE NUMBERING IN CERTAIN COUNTIES. No. 287. An Act to authorize counties having a population of not less than 75,484 and not more than 75,504 according to the United States census of 1940, or any future United States census, to assign identifying numbers to all dwellings, stores and other structures in such counties and outside the corporate limits of any municipality; to provide the method of number assignment, changes in present or future number assignments, the keeping of records of all numbers; to provide punishment for willful display of any other than the assigned number, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Commissioners of Roads and Revenues or the Ordinary, as the case may be, having charge of the fiscal affairs of the county, be and they are hereby authorized

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to assign to each dwelling, store or other structure in such county and outside the corporate limits of a municipality, identifying numbers to the visibly displayed on or about such dwelling, store or other structure for the purpose of identifying same and distinguishing it from others, and are further authorized to change any existing or future assigned numbers so as to at all times maintain a definite plan and scheme of numbering to facilitate identification of buildings and to avoid confusion. Buildings outside corporate limits of municipality to bear numbers. Section 2. Numbers shall be assigned and changed by the County Engineer and Superintendent of Roads or either under the direction of the Commissioners of Roads and Revenues, or Ordinary, and books and records kept showing such numbers and the name of the head of the family or owner of the premises so numbered. Such books and numbers shall be checked, revised and reviewed at such periods of time as the Commissioners of Roads and Revenues or Ordinary shall decide. Numbers to be assigned. and changed. Records Section 3. Plates or numbers made of metal or other substance shall be furnished upon the assignment of a number, and an offer made to fasten or display such number and the cost of such number paid by the county. At the same time the occupant of the premises receiving such assigned number shall be furnished a writing setting forth the assignment of such identifying number under authority of the police power of the county as defined and provided in this Act. Cost of numbers paid by county. Section 4. Any person who willfully displays on or about or on the premises of a dwelling, store or other building any identifying number other than the one assigned by the county authorities, shall be punished as for a misdemeanor. Violation, penalty. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 8, 1945.

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CORONER'S FEES IN CERTAIN COUNTIES. 21-105. No. 288. 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 75,484 and not more than 75,504, 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 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 75,484 and not more than 75,504 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 $15.00 in lieu of the fee now allowed by law for said services. Population. Coroner's fees. Section 2. This Act shall become effective and of force upon approval of the Governor. Effective date. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1945. COLUMBUS MAYOR'S SALARY. No. 289. An Act to amend the Charter of the City of Columbus in the County of Muscogee, as said charter has heretofore been amended by the Act of the General Assembly of Georgia approved the 5th day of August, 1921;

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this following amendment providing that the compensation of the office of Mayor of said city shall be One Hundred ($100.00) Dollars per month in addition to the compensation of said official as a member of the Commission of the City of Columbus, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Charter of the City of Columbus in the County of Muscogee, as heretofore amended by the Act of the General Assembly of Georgia approved the 5th day of August, 1921, appearing on pages 800 to 850, both inclusive, of the published Georgia Laws 1921, be, and it is, hereby further amended by adding to Section 10 of said Act of 1921, which said Section relates to compensation of the members of the Commission of said city, the following language, to-wit, provided, that the compensation of the office of Mayor of said city shall be One Hundred ($100.00) Dollars per month in addition to the compensation of said official as a member of the Commission of said city, so that Section 10 as so amended shall read as follows: Act 1921 pp. 800-850 amended. Sec. 10. Each member of said Commission except as hereinafter provided shall receive a salary of twelve hundred ($1,200.00) dollars a year, payable in equal monthly installments, and shall give bond for the faithful discharge of the duties in the sum of five thousand ($5,000.00) dollars, with some bonding company regularly accorded to do business in the State of Georgia as surety thereof, to the City of Columbus; and the premium of such bond shall be paid by the city; provided, that the compensation of the office of Mayor of said city shall be One Hundred ($100.00) Dollars per month in addition to the compensation of said official as a member of the Commission of said city. Salary of each Commissioner of City of Columbus. Bond. Additional compensation of mayor. Section 2. The additional compensation of the Mayor of the City of Columbus herein provided for shall be applicable to all services rendered on and after the first day

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of the calendar month next succeeding the passage and approval of this Act. Effective date. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 8, 1945. COLUMBUS CLOSING AND SALE OF STREET. No. 290. An Act amending the charter of the City of Columbus in the County of Muscogee; vesting in said city full fee simple title to that tract of land therein known as that part of Ninth Avenue lying between the north line of Tenth Street and the south line of Eleventh Street; empowering said city to sell or lease said tract of land and to close the same as a public street; 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 full fee simple title to that part of Ninth Avenue in the City of Columbus, in the County of Muscogee, which begins at the north line of Tenth Street and runs to the south line of Eleventh Street is hereby vested in the City of Columbus as a municipal corporation, said part of Ninth Avenue having been made a dead-end street by the construction of the underpass on Eleventh Street. The City of Columbus, with the consent of the abutting owners of the land on the east and west of said part of said Ninth Avenue, is hereby empowered to close and to lease or sell said part of Ninth Avenue, upon such terms and for such consideration as the Commission of the City of Columbus may deem proper. Fee simple title to part of Ninth Ave. City empowered to close and sell street. Section 2. That all laws or parts of laws in conflict herewith are hereby repealed. Approved March 8, 1945.

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HANCOCK SUPERIOR COURT TERMS. No. 291. An Act to provide for the holding of four terms each year of Hancock 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 Hancock, State of Georgia, in the Ocmulgee Circuit. Four terms. Section 2. Be it further enacted by the authority aforesaid, that the terms of said court shall begin on the fourth Monday in March, second Monday in June, fourth Monday in September, and the second Monday in December. Terms designated. Section 3. Be it further enacted by the authority aforesaid, that both traverse and grand jurors shall be drawn for the terms of said court convening on the fourth Monday in March and the fourth Monday in September. Traverse jurors shall be drawn for the terms of said court convening on the second Monday in June and on the second Monday in December. The presiding judge may, in his discretion, draw and require the attendance of a grand jury at either or both of the terms convening on the second Monday in June and second Monday in December, which said grand jury for the June and December Terms shall pass upon such questions only as are referred to such grand jury for action and attention by the presiding judge. Traverse and grand 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 8, 1945.

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PENSIONS FOR CERTAIN EMPLOYEES IN CERTAIN CITIES. No. 292. An Act to amend an Act approved August 20, 1927 (Georgia Laws 1927, page 265) entitled An Act to provide that cities having a population of more than 150,000 by the United States census of 1920 or subsequent census shall furnish pensions to all officers and employees of such cities who have served for 25 years now in active service, whose names are on the payroll of the city and the future members as specified, and amended by the Georgia Laws of 1935, page 445 and by the Georgia Laws of 1941, page 468 and Georgia Laws of 1943, page 551; to add certain new sections so as to make the pension Act apply to all officers and employees other than casual employees; to grant authority to the Board of Trustees to reopen the pension fund upon certain conditions; to fix age and term of service for pension eligibility; provide credit to officers, employees and teachers of annexed municipality or unincorporated territory; to provide payment of the necessary expenses in the operation of the Board of Trustees; to strike Section 4 of the Act approved March 20, 1935 and insert a new section in lieu thereof; to amend Section 6 of the Act approved March 29, 1943 so as to provide a new paragraph as to the payment of arrearage by members on military leave; to strike the last paragraph in Section 9 as set out in Section 3 of the amending act approved March 27, 1941 and insert a new paragraph in lieu thereof as to granting pensions to members totally and permanently disabled; to repeal Section 4 of the Act approved August 20, 1927, which amended the Act of March 27, 1941, and insert a new Section 4; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section 1. That the Act approved August 20, 1927

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(Georgia Laws 1927, page 265) as amended by the Act approved March 28, 1935 (Georgia Laws 1935, page 447) and as further amended by the Act approved January 21, 1938 (Georgia Laws 1938, page 349) and as further amended by the Act approved March 27, 1941 (Georgia Laws 1941, page 468) and as amended by the Act approved March 19, 1943 (Georgia Laws 1943, page 551) be and is hereby further amended as hereinafter provided in this Act. Acts amended. Section 2. That Section 7 of the Act approved March 28, 1935, which amended the Act approved August 20, 1927, be and is hereby stricken and a new section enacted in lieu thereof, to be known as Section 7, to-wit: Sec. 7 of Act of 1935 as amended by Act of 1927 stricken. Section 7. Any and all officers and employees, except the Mayor and members of the General Council, members of Board of Education and Department Heads elected by the people, who shall become officers or employees of the City of Atlanta after April 1, 1945, shall be compelled to come under the provisions of this Act at the end of the first 3 months of their service, other than those eligible for participation in existing firemen and police pension laws, and those employees whose base compensation is $75.00 or less per month, and shall pay into said fund the amount prescribed by this Act. Provided, however, that this Act shall not apply to casual employees whose work or employment is irregular and who receive a daily or hourly wage for such occasional work. New Sec. 7. Exceptions to pensioners. Section 3. The aforesaid Act is amended by adding the following new sections: Section 34. The Board of Trustees shall permit any officer or employee on or before July 1st, 1945, who is not now contributing to said pension fund, on written application, to become a member of such pension fund and be entitled to all of the emoluments herein, provided such officer or employee shall pay into said fund the sum of two per centum of his salary computed from November 1, 1927 or, if he began his service with the City subsequent to November 1, 1927, but before May 1, 1935,

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then said two per centum shall be computed from such date of entering the service of the City, and by paying 3% of his salary to be computed from May 1, 1935 or if subsequent to May 1, 1935, then from the date of entry into the service of the City, to the date of his entry into the pension fund and in the event he desires to provide for the continuance of such payment to his widow, his contribution for the period of employment between November 1, 1927 to May 1, 1935 shall be 3% and from May 1, 1935 to the date of his entrance into the fund shall be 4% and, provided further he shall serve at least 5 years from the date of his entering said fund before becoming eligible to retire on a pension. Provided further that the per centum to be paid on the salary enumerated above shall not be computed on any salary in excess of $200.00 per month. Provided, further, that the total amount that may be due to be paid into said pension fund shall be divided into 50 installments to be paid monthly over a period of 50 months beginning as of the date of his entrance into said fund. Act amended by adding new sections. Members of pension fund. Contributions. Section 35. Effective April 1, 1945, any person employed on or after that date must attain the age of 55 years and have served 25 years before being eligible to retire on a pension, provided, however, that the provisions of this section as to age limit shall not apply to any person claiming a pension by reason of permanent disability, nor to any officer or employee on the payroll of the City as of March 31, 1945. Retirement age and term of service. Section 36. Any person who was an officer or employee of a municipality or a teacher or employee of a county or independent school system which has been or may in the future be annexed or merged with a municipality coming under the provisions of this Act who becomes an officer, employee or teacher of the annexing municipality shall be entitled to credit for the years of actual service they have rendered such annexed muncipality or school system in the annexed unincorporated territory; provided, that employees now on the payroll who are entitled to credit for service rendered an annexed territory must advise the Board of Trustees in

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writing on or before September 1, 1945 that they desire credit for such service; such persons shall pay into the pension fund the percentage of their monthly salary received from the annexed municipality or school system for the period subsequent to November 1, 1927 that they would have paid for such period if they had been employees of the annexing municipalities. The Board of Trustees may permit this arrearage to be paid in equal monthly installments not exceeding twenty-four months. Provided, the provisions of this section shall apply to the former officers, teachers and employees of those municipalities which have heretofore been annexed to the municipality coming under the provisions of this Act and all previous acts of Boards of Trustees giving credit for such prior service are hereby ratified and confirmed. Employees in annexed territory. Section 4. That Section 4 of the Act approved March 20, 1935 (Acts 1935, page 445) which Act amended the Act approved August 20, 1927 (Acts 1927, page 265) be and is hereby stricken and in lieu thereof the following section is enacted: Sec. 4 of Act of 1935 p. 445 stricken. Section 4. That any member participating in the provisions of this Act who leaves the employ of said City before being eligible for retirement shall have refunded to him an amount equal to the amount paid into the said fund less one-half of one per centum per year to cover each year that the member had paid into the fund and received protection under this Act. To illustrate, if at the end of the first year, the member has paid into said fund $10.00 and leaves the services of the City or withdraws from the pension fund, he shall be entitled to a refund of said $10.00 less one-half of one per centum or if at the end of twenty-four years, he has paid into said fund $240.00, he would be entitled to a refund of $240.00 less twelve per centum. New Sec. 4. Refunds on leaving employ of city. Section 5. That Section 6 of the Act approved March 19, 1943 (Acts 1943, page 551) which amended the Act approved August 20, 1927 (Acts 1927, page 265) is further amended by adding at the end of Section 6, the following paragraph: Act 1943 p. 551 amended.

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(f) Provided, however, if such officer or employee desires an extension of time to pay his arrearage into said pension fund upon request being made within 90 days after he returns to his service with the City, he shall be granted not more than thirty-six months in which to pay in said arrearage which shall be divided into equal monthly installments during the extended time and no interest shall be charged on said arrearage during the time of extension. Extension of time to pay arrearage. Section 6. Be it further enacted that the last paragraph of Section 9, as set out in Section 3 of the amending Act, of the Act approved August 20, 1927 (Acts 1927, page 265) which amended the Act approved March 27, 1941 (Acts 1941, page 468) which reads as follows: Should the Board of Trustees refuse to grant a pension upon the ground that the applicant was not totally and permanently disabled, the applicant may select a physician, the Board of Trustees, a physician, and these two shall elect a third physician. These three, who shall be physicians licensed to practice medicine in the State of Georgia, shall thereupon examine the applicant and determine whether or not he or she is totally and permanently disabled. A decision of a majority of these physicians shall be conclusive upon all parties, be and is hereby stricken and in lieu thereof the following paragraph, which shall be a part of the aforesaid Section 3 of the said amended Act of 1941, is enacted as follows: The Board of Trustees shall have the applicant for a pension on account of permanent and total disability examined by competent physicians and surgeons. In passing upon the question of permanent and total disability, they may receive and consider the reports and recommendations of such examining medical officers and the applicant shall have the right to submit medical and other competent evidence on the question of his disability and right to be retired. If the Board of Trustees determines that the applicant is not totally and permanently disabled, the act of the Board shall be final. If the determination be that the applicant is totally and permanently disabled, he shall be retired subject, however, to the following conditions: Part of Sec. 3 of Act of 1941 stricken. Examinations by physicians for disability.

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(a) The Board of Trustees shall have the right to at least once a year require the pensioner to submit to a medical examination for the purpose of determining whether or not the pensioner has sufficiently recovered from his disability and is able to return to his former position; (b) if the Board, after such examination, determines that the pensioner is not actually totally and permanently disabled but is able to return to the position or employment he occupied at the time of retirement and such employment and status as to position, pay and service credit at the time of retirement is offered to such pensioner and he accepts his former position or fails or refuses to accept such offer, then the payment of such disability pension shall cease, as of the date of the acceptance or rejection of the offer. Medical examination once a year. Section 7. Be it further amended that the following words appearing in the last 4 lines of Section 8 of the Act approved March 28, 1935 be and are hereby stricken: or for 5 years prior to the time such pensioner was entitled to retire on a pension or for 5 years prior to the death of such pensioner as provided by the terms of this Act. Words stricken from Sec. 8 of 1935 Act. Section 8. The aforesaid Act approved August 20, 1927, be further amended by adding the following, to be known as Section 39: Section 39. A member may designate someone, whether related to him or not, who would be entitled to a refund of the amount he has paid into the pension fund if such member should die before being eligible for retirement, and in the event he does not name a person to whom a refund is to be made, such refund shall be made to his estate. Refund to be paid to named person or estate. Section 9. That Section 4 of the Act approved August 20, 1927, as amended by the insertion of a new section under the Act approved March 27, 1941 be and is hereby stricken and a new Section 4 inserted in lieu thereof, which shall read as follows: Sec. 4 of Act of 1927 as amended stricken. Section 4. That there is hereby established a Board of

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Trustees, whose duty it shall be to see that the provisions of this Act are carried out by such cities, that the funds are kept separate. Each of such cities shall have a Board of Trustees composed of the Mayor, the City Comptroller, (or such other officials who may discharge the duties usually assigned to such officers) together with two other members to be elected annually by the Board of Education from the employees of the school department participating in said pension plan, one to be from the teaching employees and one from the non-teaching employees; and one member to be elected from the non-school employees by the Mayor and General Council at the first general council meeting to be held after the adoption of this Act, and annually thereafter. The Mayor shall be Chairman of the Board of Trustees and the Comptroller shall be Secretary thereof and all members of the Board shall serve without pay, except the Secretary who shall be paid $50.00 per month, from the pension fund. Whenever any pension has been granted by said Board, a check shall be drawn on the fund provided for the payment of the pension each month during the life of the pensioner, signed by the Mayor, countersigned by the Secretary and paid by the Treasurer. The City Treasurer shall be the Treasurer of said Board of Trustees but shall have no power to act as a member of said Board. The Board of Trustees shall be authorized to pay out of the pension fund all necessary expenses in the operation of said Board. Said Board is authorized to make all necessary rules for the carrying out of the provisions of this Act, to reconcile conflicts therein, if any should exist, and to provide for the equitable disposition of any matter not specifically covered by the provisions of this Act, provided, that all of such rules must be consistent with the terms and spirit of such Act. The present membership of said Board, as now constituted other than the City Treasurer, shall continue as Trustees for their respective terms and the trustee to be elected from the non-school employees shall take office immediately upon notice of his election being certified to the Secretary of the Board and shall hold for such term as is now provided by law, and successors shall be elected by the Mayor and General Council. New Sec. 4. Board of Trustees created. Members. Chairman. Secretary. Pensionshow paid. Treasurer. Rules

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Section 10. Section 8 of said Act approved August 20, 1927, is hereby repealed. Sec. 8, Act of 1927 repeated. Section 11. In the event the hospitals of a municipality coming under the provisions of this Act are taken over by a Hospital Authority or other political subdivision, the officers and employees of such hospitals who are members of this Pension Fund, at the time the hospitals were taken over by said Authority or subdivision and who become officers and employees of the Hospital Authority or political subdivision on taking over such hospitals and such Authority or political subdivision sets up a pension or retirement system, the Board of Trustees of said Pension Fund shall transfer to the authorities in charge of the pension or retirement fund of the Hospital Authority or political subdivision taking over said hospitals the amount of contributions made to the Pension Fund by the officer or employee of such hospitals while a member of said municipal pension fund, as well as the amount contributed by the municipality to match the contributions made by such members. When said Board of Trustees pays said funds into the pension or retirement fund of the Hospital Authority or political subdivision, such Board of Trustees shall stand fully discharged from any further obligations to such former member or members. Hospitals taken over by Hospital Authority. Transfer of funds. Section 12. All Acts or parts of Acts in conflict herewith are hereby repealed. Approved March 8, 1945. HAPEVILLE MERIT COUNCIL. No. 293. An Act to authorize the Mayor and Council of the municipality of Hapeville to create and maintain a civil service scheme to govern the appointment, promotion, demotion and dismissal of employees of the City of Hapeville; to create the Merit Council of the City of Hapeville and charge it with the duty to administer such civil service scheme; to provide for the appointment of

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members of said merit council and fix their terms of office; to fix the effective date of this Act; to repeal conflicting laws; and for other purposes; Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. Section 1. The Mayor and Aldermen of the City of Hapeville are hereby clothed with authority to create and maintain a merit system, or civil service scheme, to govern the selection of the employees of said municipality, and their promotion, demotion, and dismissal. Authority to create merit system. Section 2. Said merit system, or civil service scheme, shall be administered by a board, which is hereby created and designated The Merit Council of the City of Hapeville, to consist of three members who shall be appointed by the Mayor and who shall be residents of said municipality qualified under its charter and ordinances to hold office in its government. The initial appointees shall serve for terms of two, four and six years, respectively, and the successors of each shall serve for a term of six years. The member having the longest term to serve shall be Chairman. Administered by a board. Members appointed by mayor. Section 3. The Merit Council created by Section 2 hereof shall provide by regulations for the following: (1) The creation of a roster, or rosters, containing the names of persons eligible for appointment to positions in the city government; (2) For the selection from such rosters by appointing authority persons [sic] to be employed in the city government; (3) For annual leave, sick leave, leave without pay, and each of the same; (4) For a job classification prescribing the duties of persons in the several positions in the government of said municipality; (5) for an appeal on the part of any person who is a permanent employee of said municipality to the Merit Council from any order of dismissal; (6) For an appeal on the part of any person to the Merit Council complaining of any failure or refusal of any official or employee of said municipality to accord such appellant his, or her, full rights under any rule or regulation which might be of force in connection

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with the civil service scheme authorized to be set up under this Act; (7) And they may make and enforce any other rule, rules or regulations, not inconsistent with law, which will promote the purposes contemplated by this civil service scheme, but such rules and regulations shall conform to standard rules and regulations of force generally in like systems, and it is provided that the rules and regulations promulgated by the Merit Council of the State of Georgia are deemed to be standard. Rules and regulations. Section 4. The Merit Council shall submit to the Mayor and Council of said municipality a salary scale applicable to each position in the government of said city, exclusive of salaries fixed by legislative enactment, but the Mayor and Council shall have exclusive authority to fix salaries, and any salary scale submitted by the Merit Council shall be advisory only. Salary scale. Section 5. It is provided that this Act shall become effective on the date the same is ratified by the Mayor and Council, which ratification shall be evidenced by resolution entered on the minutes of the Mayor and Council, and the terms of office of the members of the Merit Council shall date from that day. It is provided, however, that the Mayor and Council shall not have the power to discontinue the civil service scheme authorized to be set up hereunder once it ratifies this Act in the manner pointed out hereinabove. Effective date. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 8, 1945. TAYLOR AND HARRIS SUPERIOR COURT TERMS. No. 294. An Act to provide the time of holding the Superior Court of Taylor County and of Harris County, both in the Chattahoochee Circuit; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. The time of holding the terms of Taylor County Superior Court, in the Chattahoochee Circuit, shall be on the first and second Mondays in January and July of each year; and the time of holding the terms of Harris County Superior Court shall be on the third and fourth Mondays in January and July of each year. Terms of court. 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 8, 1945. PROBATION OFFICERS AND ASSISTANTS IN CERTAIN COUNTIESCIVIL SERVICE. 27-2703. No. 296. An Act to amend Section 27-2703 of the Code of Georgia of 1933, entitled: Probation Officers; Volunteers and Assistants, the same being codified from the Acts of 1913, page 112, so as to provide that in all counties of Georgia having a population of 200,000 or more, according to the United States Census of 1940, or any future United States Census, in which the General Assembly has created or may create hereafter a Civil Service System, the officers and employees appointed pursuant to the provisions of said Section 27-2703 of the Code of Georgia, 1933, shall qualify in accordance with and be subject to all provisions of such Civil Service Statute; and for other purposes: Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same as follows: Section I. Section 27-2703 of the Code of Georgia of 1933, entitled Probation Officers; Volunteers and Assistants, codified from the Acts of 1913, page 112, is hereby

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amended by adding at the end of said Code section the following language, to-wit: 27-2703 amended. Provided, however, in all counties having a population of 200,000 or more, according to the United States Census of 1940 or any future United States Census, in which the General Assembly has created a Civil Service System for county employees, any probation officer or assistant probation officer, clerk or stenographer appointed pursuant to the provisions of this section shall qualify in accordance with the provisions of such civil service statute and shall be subject to all of the provisions thereof. Population. Probation officer or assistant to qualify for civil service. Section II. Be it further enacted by the authority aforesaid that all laws and/or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 8, 1945. CLOSING STREETS IN CERTAIN TOWNS AND CITIES. No. 297. An Act authorizing towns and cities having a population of 12,800 or less inhabitants according to the United States Census of 1940 and not more than 12,900 inhabitants according to the United States Census of 1940, of the State of Georgia shall have the power and authority to open or close streets or alleyways, or parts thereof; providing procedures; providing appeal; and for other purposes. Section 1. From and after the passage of this Act, all towns and cities, having a population of 12,800 or less inhabitants according to the United States Census of 1940, and not over 12,900 inhabitants according to United States Census of 1940, of the State of Georgia shall have the power and authority, to declare open or closed public streets and alleyways, or parts thereof, within their corporate limits. Population. Streets opened or closed. Section 2. Such action shall be initiated by petition of

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all abutting property owners of the portion of street or alleyway to be opened or closed, with recommendation exhibited signed by ten other tax payers of the town or city, and shall be brought to the governing body of the town or city. Petition by abutting property owners. Section 3. At the first regular meeting of the governing body of the town or city, the petition shall be read and tabled for action at the next regular meeting, at which time evidence shall be heard, if presented, and the determination of the governing body made at such time and spread upon the minutes of such body. Petition read and tabled until next meeting. Section 4. The title to streets or alleyways closed by such action shall revert according to existing laws. Reversion of title. Section 5. Any party dissatisfied with the determination of the governing body in such an action shall, within the period of six months from the date of such determination, have the right to his appeal from such adverse determination by certiorari to the Superior Court of the county in which the lands lie, or by asserting his rights in equity, and in the event no action is taken within such said time the determination of the governing body of said town or city shall become final and binding upon all persons. Appeals. Section 6. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 8, 1945. SHERIFFS' COMPENSATION IN CERTAIN COUNTIES. No. 298. 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 10,445 and not less than 10,435, according to the Federal Census of 1940 and all future Federal Census, because of the extra duties imposed on the Sheriffs of

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such counties by reason of National Defense and Home Guard activities, to pay the Sheriffs of said counties the sum of Fifty ($50.00) Dollars 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 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 10,445, nor less than 10,435, 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 Fifty ($50.00) Dollars per month, in addition to the fees and compensation now paid to said Sheriffs. Population. Sheriffs' compensation. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1945. CHEROKEE SUPERIOR COURT TERMS. No. 300. An Act to provide the dates of holding three terms of the Superior Court of Cherokee County, 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: Section 1. That from and after the passage of this Act the date of convening the August term of the Superior Court of Cherokee County, Georgia, shall be changed from the first Monday in August to the third Monday in August of each year so that hereafter the three terms of the Superior

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Court of Cherokee County, Georgia, shall be convened on the following dates, to-wit: Second Monday in March, the third Monday in August, and the first Monday in December, each year. Terms. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 8, 1945. DODGE TAX COMMISSIONER'S COMPENSATION. No. 301. An Act to amend an Act consolidating the offices and duties of the tax receiver and tax collector in the county of Dodge; creating the office of county tax commissioner for said county; and for other purposes, approved March 24, 1933, and found in Georgia Laws, 1933, pages 506-9 as amended by Sections 5 and 6, pages 1317-18 of the Acts of 1937, by increasing the salary of said tax commissioner to $4800.00 per annum, for the duration of the war, and for six months thereafter. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that from and after the passage and approval of this Act, that Section 5 of the Act of 1933, as amended by Sections 5 and 6 of the Act of 1937, pages 1317-18, be and the same is hereby amended by striking the words and figures $3600.00 in the fifth line of Section 5 of the Act of 1937, and inserting and substituting in lieu thereof the words and figures $4800.00. Salary increased to $4800.00. Section 2. Be it further enacted by authority aforesaid, that Section 6 of the Act of 1937 be stricken in its entirety, and the following substituted in lieu thereof, to-wit: This Act shall become effective immediately upon passage and approval, and shall continue effective for the duration of the war and for six months thereafter,

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and thereafter shall cease to be effective, and the salary of said Tax Commissioner shall then be reduced to $3600.00 as existed at the time of the enactment of this law. Provided said salary shall be paid in monthly installments. Sec. 6 of Act of 1987 stricken. Effective during war. Section 3. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1945. SHERIFFS' COMPENSATION IN CERTAIN COUNTIES. No. 302. An Act to authorize and direct the authority having control of the expenditure of county funds and/or other proper officials in all counties in the State of Georgia having a population of not less than 6,890 nor more than 6,900 according to the Federal Census of 1940, or any other future Federal Census, because of the extra duties imposed on such officer by reason of national defense activities, to pay to the Sheriff of said counties the sum of $50.00 per month each in addition to the fees and compensations now paid to said officers; 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 authority of the same: Section 1. That from and after the passage and approval of this Act, the authority having control of the expenditure of county funds and/or other proper officials of all counties in the State of Georgia having a population of not less than 6,890 nor more than 6,900 according to the Federal Census of 1940, or any other future Federal Census, because of the extra duties imposed on such officer by reason of national defense activities, are authorized and directed to pay to the Sheriff of said counties the

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sum of $50.00 per month each in addition to the fees and compensations now paid to said officers. Population. Additional compensation. Section 2. Be it further enacted that this Act shall become effective immediately upon its passage and approval, and shall remain in effect until six months after the duration of the present World War. Effective date. Section 3. All laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 8, 1945. CLERKS OF SUPERIOR COURTS IN CERTAIN COUNTIES. ADDITIONAL DUTIES. No. 303. An Act to provide in counties of the State of Georgia having a population of not less than 12,190, nor more than 12,210, according to the Federal Census of 1940 and all other future Federal Census, that the Clerk of Superior Court shall attend the trial in the Court of Ordinary of all cases for violation of all traffic laws of the State of Georgia in said counties; to provide for costs of same; 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 in all counties in the State of Georgia having a population of not less than 12,190, nor more than 12,210, according to the Federal Census of 1940 and all future census, the Clerk of Superior Court of said counties shall attend the trial in the Court of Ordinary on all cases in violation of the traffic laws of this State in said counties, and that the Clerk of Superior Court shall record the pleas and judgments in their respective offices, and shall receive a fee of $6.00 for attending the trial and the recording of the proceedings. Said fees shall be paid out of the costs assessed by the Ordinary in such cases. Population. Clerks shall attend Court of Ordinary in traffic cases. Fees.

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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 8, 1945. PUTNAM COUNTY COURT DEPUTY CLERK'S SALARY. No. 305. An Act to authorize the Commissioners of Roads and Revenues of Putnam County to pay a salary to the Deputy Clerk of the County Court, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, that, from and after the passage of this Act the Commissioners of Roads and Revenues of Putnam County are authorized to pay to the Deputy Clerk of the County Court of Putnam County a salary not to exceed fifty dollars per month. Deputy Clerk's salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1945. COUNTY POLICE IN CERTAIN COUNTIESCIVIL SERVICE ACT REPEALED. No. 306. An Act to repeal an Act entitled: An Act providing that in all counties of the State of Georgia having a population of 200,000 inhabitants, or more, according to the last or any future federal census, the county police therein shall serve during good behavior and efficient service under civil service regulations; authorizing county commissioners or ordinaries or other governing authorities to make necessary rules and regulations on a civil service plan; and for other purposes, approved March 10, 1933 (Georgia Laws 1933, page 212); and for other purposes.

Page 1017

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 entitled: An Act providing that in all counties of the State of Georgia having a population of 200,000 inhabitants, or more, according to the last or any future federal census, the county police therein shall serve during good behavior and efficient service under civil service regulations; authorizing county commissioners or ordinaries, or other governing authorities to make necessary rules and regulations on a civil service plan; and for other purposes, approved March 10, 1933 (Georgia Laws 1933, page 212) be and the same is hereby repealed in its entirety. Population. Act 1933 p. 212 repealed. Section 2. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 8, 1945. GRAND JURIESSTENOGRAPHERS IN CERTAIN COUNTIES. No. 307. An Act to authorize a stenographer to be present with the Grand Jury while witnesses are being examined by the Grand Jury in counties having a population of 200,000 or more according to the United States Census of 1940 or any future census; to provide for the appointment of such stenographer and to regulate the conduct of such stenographer; to provide the oath to be taken by such stenographer before appearing before the Grand Jury, and to prohibit such stenographer from testifying in any hearing or trial concerning anything learned or heard by such stenographer while in attendance on said Grand Jury; 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.

Page 1018

Section 1. That from and after the passage of this Act a stenographer may be appointed by the Solicitor General in counties having a population of 200,000 or more, according to the United States Census of 1940 or any future census and such stenographer, when so appointed, is hereby authorized to be present and in attendance upon the Grand Jury of such counties while any witness is being examined by that body provided, however, that before attending such Grand Jury such stenographer shall take the following oath, to-wit: I do solemnly swear that I will keep secret as provided by this Act all things and matters coming to my knowledge while in attendance upon the Grand Jury. So help me God. Oath. However, such stenographer is hereby authorized to take and transcribe the testimony or any part of the testimony of any witness who testifies before the Grand Jury and to furnish such transcript of testimony to the Grand Jury or to the Solicitor General only. Population. Stenographer for Grand Jury. To take and transcribe testimony. Section 2. Be it further enacted and it is hereby enacted by the authority of the same, that such stenographer shall be incompetent to testify upon any hearing or trial concerning any matter or thing coming to the knowledge of such stenographer while in attendance on the Grand Jury. Incompetent to testify in trials. Section 3. Be it further enacted and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 8, 1945. DIVORCE AND ALIMONY COSTS IN CERTAIN COUNTIES. No. 308. An Act to require the payment of fees or costs of the

Page 1019

clerks and sheriffs of the Superior Court in all divorce and alimony cases in all counties in the State of Georgia having a population according to the United States Census of 1940, of not less than 20,120 nor more than 20,130 persons: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that in all counties of said State having a population according to the United States Census of 1940, so made by the United States, of not less than 20,120 or more than 20,130 persons the fees of the Clerks and Sheriffs of said counties in all divorce and/or alimony cases filed in the Superior Courts of said counties shall be paid in the following manner: Population. That the party filing either a suit for divorce or alimony, or both, shall make a deposit of $10.00 with the Clerk of the Superior Court of the county in which said suit is filed, and the Clerk shall have no authority to accept and file the suit on the Docket of the Court, until the same is actually paid or deposited, and that all remaining costs due in such cases be fully paid to the Clerk of the Superior Court when final verdict is entered, and the presiding Judge shall be without authority to sign any final judgment or decree in the case until the party filing the suit presents to him proper receipt from the Clerk of the Court showing the full payment of all lawful costs due in such cases, and any decree or judgment signed before the full payment of all lawful costs shall be null and void. Deposit of costs with clerk. No final judgment until costs are paid. 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 8, 1945. COLUMBUS PRIMARY ELECTIONS. No. 310. An Act to amend an Act approved August 8, 1918, (contained

Page 1020

in Georgia Laws 1918, pages 608 to 624) amending the charter of the City of Columbus, Georgia, and relating to elections and voters in said city, as said Act of August 8, 1918, has heretofore been amended by the Act on the same subject approved December 29, 1937, (contained in Georgia Laws, Extraordinary Session, 1937-1938, page 1053); this following amendment changing the date for holding the primary election for nominating members of the Commission of the City of Columbus (formerly the Mayor and Aldermen), so that said primary election shall be held on the third Wednesday in October of each year in which, under the charter of said city or amendments thereto, there is to be held a general election for members of said Commission; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act approved August 8, 1918, (contained in Georgia Laws 1918, pages 608 to 624) as amended by the Act approved December 29, 1937, (contained in Georgia Laws, Extraordinary Session 1937-38, pages 1053 to 1055), amending the charter of the City of Columbus, Georgia, and relating to elections and voters in said city, be, and the same is, hereby further amended by striking from said Act of December 29, 1937, all of the second paragraph of Section 1 of said last named Act (which said paragraph begins at line 7 on page 1054 and ends near the bottom of page 1055 of said volume of Georgia Laws 1937), and enacting in lieu of said paragraph so striken a new paragraph, to constitute the second paragraph of Section 1 of said Act of 1918, and to read as follows: Acts amended. All political parties or organizations shall nominate their candidates for members of the Commission of the City of Columbus at primary elections. Such primaries shall be held on the third Wednesday in October of each year in which a general election for members of the Commission of the City of Columbus is to be held under present or future provisions of the charter of said city, and

Page 1021

it shall be the duty of the chairman or secretary, or other executive officer of the committee, or other governing body of such political party or organization holding such primary, to publish in one or more newspapers having a general circulation in said city, a notice that such primary will be held, (specifying also the offices in any committee or other party organization to be filled by election, and the date thereof), once a week for four weeks previous to the date fixed for same. All persons wishing to qualify so as to become candidates in any primary so to be held on the third Wednesday in October shall pay the assessments fixed by said committee, or other governing body, and to the person or official designated, on or before 12 o'clock noon of the Saturday two weeks previous to said primary. At all of said primaries, the polling places shall be opened and ready for the voters at 6 o'clock A. M., and shall be closed at 7 o'clock P. M. For all such primaries the executive committee or other governing body of the political party or organization holding them shall cause to be erected at all polling places where ballots are received, a booth or booths, each of sufficient size to accommodate one voter at a time, and so constructed that the voter, in preparing his ballot to be voted at said election, shall be screened from observation by any and all persons; and all voters in such elections are hereby required to enter the compartment or booth so erected for the purpose of preparing and casting their ballots, said booths to be constructed so as to admit of easy approach and access to the ballot box or boxes where the ballots of such voters shall be deposited. Only one voter at a time shall be admitted into a booth, and no person shall be allowed inside a booth or compartment until said voter then in said booth shall have prepared and cast his ballot, which he shall do as speedily as the same can be done, in order to permit other voters to enter for the same purpose; provided, that any voter may request any two managers of the election to prepare his ballot for him, if, by reason of being unable to read, or blindness, or other physical infirmity, such voter may be unable to prepare his ballot for himself. Sec. 1 of Act of 1918 to read. Primary elections. Notice. Assessments of candidates. Polls open. Voting booths. Preparation of ballots on request.

Page 1022

Section 2. That all laws or parts of laws in conflict herewith be, and they are, hereby repealed. Approved March 8, 1945. McINTOSH SUPERIOR COURT TERMS. No. 312. An Act to provide for the holding of four terms each year of McIntosh Superior Court, to prescribe and fix the time for holding the same; to provide for nonjury terms and jury and grand jury terms; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same. Section 1. That from and after the passage of this Act there shall be held in each year four terms of the Superior Court for the County of McIntosh, State of Georgia, in the Atlantic Circuit. Number of McIntosh Superior Court terms. Section 2. That the terms of said court shall begin and be held on the fourth Mondays in February, May [sic] and the second Monday in September and the first Monday in December of each year. Dates. Section 3. That both trial and grand jurors shall be drawn for the terms of said court convening on the fourth Monday in May and the first Monday in December of each year. The terms held on the fourth Monday in February and 2nd of September [sic] are to be nonjury terms. The presiding judge may, in his discretion, draw and require the attendance of a trial jury, or a trial jury and grand jury at either or both of the terms of said court convening on the fourth Mondays in February and 2nd of September [sic], which said trial jury, or trial jury and grand jury for the February and September terms shall pass upon such questions only as are particularly referred to such trial jury or grand jury for action and attention by the presiding judge. Juries. Section 4. That all writs, bills, processes, orders, summons

Page 1023

subpoenas, bonds and proceedings of every kind and character now pending in McIntosh Superior Court returnable to the May term, 1945, of said court, as provided by law, before the approval of this Act, shall hold good and relate to the May term 1945, of said court, and all writs, bills, processes, summons, orders, subpoenas, bonds and proceedings of every kind and character filed in said court on or before May 8, 1945 shall be made returnable to the May term, 1945, of said court, and thereafter all such proceedings shall be made returnable to the February, May, September or December term of said court as is provided by law. Pending matters Section 5. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 8, 1945. BRUNSWICK PORT AUTHORITY. No. 314. An Act creating the Brunswick Port Authority authorizing the Authority to promote, develop, construct, equip, maintain and operate at Brunswick in this State, terminal facilities of all kinds; conferring powers and imposing duties on the Authority; authorizing the issuance of revenue bonds of the Authority, payable from earnings and revenues, to pay the cost of such project; providing for the collection and for the pledging of revenues and other charges for the payment of such bonds and for the cost of maintenance, operation and repair of the project; authorizing the execution of trust indentures to secure the payment of such bonds and defining the rights of the holders of such bonds; making such bonds exempt from taxation; providing for condemnation; authorizing the issuance of revenue refunding bonds; providing for and repealing all laws and parts of laws in conflict with the provisions of this Act and for other purposes.

Page 1024

Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Short Titles. This Act may be cited as the Brunswick Port Authority Act. Section 2. Brunswick Port Authority. There is hereby created a body corporate and politic to be known as the Brunswick Port Authority, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of five members, two to be appointed by the governing authority of the City of Brunswick, two by the governing authority of the County of Glynn, and the fifth shall be chosen by the other members of the Authority. One of the members appointed originally by the City of Brunswick shall be designated to hold office for one year and another for three years, and one appointed by the County of Glynn shall be designated for a term of two years and the other for a term of four years. The one chosen by the other members shall hold his office for a term of five years. Upon the expiration of a term of the member of the Authority, his successor shall be chosen in the same manner and by the same body, but all of those appointed after the expiration of the original terms shall hold office for five years, unless in the case of a vacancy, in which event, the appointee shall serve for the remainder of the unexpired term. Any member of the Authority shall be eligible for reappointment. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and another as Vice-Chairman and shall also elect a Secretary and Treasurer who may not necessarily be a member of the Authority. Three members of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all rights and perform all the duties of the Authority. All vacancies shall be filled by selection by the body which was entitled to fill the place held by the predecessor. The members of the Authority shall not be entitled to compensation

Page 1025

for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. No member of the Commission of the City of Brunswick or of the Commissioners of Roads and Revenues for Glynn County, Georgia, shall be eligible to be appointed as a member of the Authority so long as he holds such office. And the Authority shall make necessary rules and regulations for its own government. The Authority may delegate to one or more of its members, or to its officers, agents and employees such powers and duties as it may deem proper. Said Authority shall have perpetual existence. Brunswick Port Authority. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meaning: Definitions. (a) The word Authority shall mean the Brunswick Port Authority created by Section 2 of this Act. (b) The word project shall be deemed to include wharves, docks, ships, piers, quays, elevators, compresses, refrigeration storage plants, warehouses and other structures, and any and all facilities needful for the convenient use of the same in the aid of commerce, including the dredging of approaches thereto, and the construction of belt line roads and highways and bridges and causeways therein, and other bridges and causeways necessary or useful in connection therewith, and shipping facilities and transportation facilities incident thereto and useful or convenient for the use thereof, including terminal railroads, and also airports, seaplane bases and air transportation terminals. (c) The term cost of the project shall embrace the cost of construction and the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary

Page 1026

incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. (d) Any project shall be deemed Self-liquidating if, in the judgment of the Authority, the revenues and earnings thereof will be sufficient to pay the cost of constructing, maintaining, repairing and operating the project, seaport or harbor and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, seaport or harbor. (e) The terms port and seaport shall include any place natural or artificial in which seagoing vessels may be sheltered or loaded or unloaded. (f) The term harbor shall include any place natural or artificial in which vessels capable of moving articles of commerce by water borne vessels may be loaded, unloaded or accommodated. Section 4. Powers of Authority. The Authority shall have powers: Powers. (1) to have a seal and alter the same at pleasure; (2) to acquire, hold and dispose of real or personal property for its corporate purpose; (3) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with and subject to the provision of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in

Page 1027

any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full. (4) to appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorneys, and fix their compensations; (5) to make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired. (6) to construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, to be located on property owned or leased by the Authority, the cost of any such project to be paid solely from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality or legal subdivision thereof; (7) to accept loans and grants, either or both, of money or materials or property of any kind from the United States of America or any agency or instrumentality or legal subdivision thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose; (8) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;

Page 1028

(9) to exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the constitution and the laws of this State; (10) to do all things necessary or convenient to carry out the powers expressly given in this Act. (11) to act as agent for the United States of America, or any agency, department, corporation instrumentality or legal subdivision thereof; in any matter coming within the purposes or powers of the Authority; (12) to adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business; (13) to do any and all other acts and things in this Act authorized or required to be done, whether or not included in the general powers in this section mentioned; (14) to receive gifts, donations or contributions from any person, firm or corporation; and (15) to contract with the City of Brunswick, the County of Glynn or the State of Georgia or any instrumentality thereof for the leasing, operation or management of real or personal property in or adjacent to the Port of Brunswick; (16) to develop and improve any harbor or seaport in Glynn County, Georgia; (17) to acquire, construct, equip, maintain, develop and improve said harbors or seaports and their port facilities; (18) to foster and stimulate the shipment of freight and commerce through said ports whether originating within or without this State, including the investigation and handling of matters pertaining to all transportation rate structures affecting the same; (19) to own, lease and operate tug boats, locomotives

Page 1029

and any and every kind or character of motive power and conveyances or appliances necessary or proper to carry passengers, goods, wares, merchandise or articles of commerce in, on or around its projects; and (20) to hold, use, administer and expend such any [sic] sum or sums as may hereinafter be appropriated by authority of the General Assembly for any of the purposes of the Authority. (21) to pledge, convey, assign, mortgage or encumber any property, real or personal which the Authority may from time to time own as security for any debt or obligation which it may incur in the exercise of the authority conferred upon it herein; (22) to buy, sell or lease upon such terms as the Authority may deem proper, property of all kind as it may deem necessary or proper in the exercise of its powers and duties hereunder. Section 5. Revenue Bonds. The Authority shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or any parts of the cost as hereinabove defined of any one or more projects. The principal and interest of such revenue bonds shall be payable from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding five per cent per annum, payable semi-annually, shall mature at such time or times not exceeding thirty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal

Page 1030

and interest thereof, which may be at any bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupons cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bond shall be duly authorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments, laws of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. Revenue bonds. The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The Authority may sell such bonds in such manner for such price as it may determine to be for the best interests of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than five per cent per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. The proceeds

Page 1031

of such bonds shall be used solely for the payment of the cost of the project or projects, and shall be disbursed upon requisition or order of the Chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definite bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.

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Section 6. Credit of State and Its Subdivisions Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the State or of the City of Brunswick or of the County of Glynn. Such bonds may have the property, real or personal, which may from time to time be owned by the Authority pledged as security for their payment but shall not directly or indirectly or contingently obligate the State or the City of Brunswick or the County of Glynn to levy or to pledge any form of taxation whatever therefor. All such revenue bonds shall contain recitals on their face covering the foregoing provisions of this section. Credit of State and its political subdivisions not pledged. Section 7. Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds, to be held and applied solely as provided in this Act. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank or trust company, which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Trust funds. Section 8. Trust Indenture. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign revenues and earnings to be received and the property both real or personal owned by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable

Page 1033

and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance operation and repair of the project or projects affected by such indenture. Trust indenture. Section 9. Agency Contracts Authorized. The Authority shall have the right to do all construction under an agency, or construction management form of contract without the necessity of taking competitive bids. Competitive bids not necessary. Section 10. Revenues and Earnings. The Authority is hereby authorized to fix and to revise from time to time fees, rentals and other charges for the use of each project and for the services and facilities furnished by the same and to charge and collect same and to lease and to make

Page 1034

contracts with any person, firm or corporation with respect to the use of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects from which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of new construction of projects, (b) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indenture, unless such cost shall be otherwise provided for, and (c) the principal of the revenue bonds and the interest thereon as the same shall become due. The revenues and earnings derived from the projects for which a single issue of bonds is issued, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the project or projects, and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust indenture in a sinking fund which is hereby pledged to, and charged with the payment of, (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any upon [sic] bonds retired by call or purchases as hereinafter provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking funds shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the revenue bonds of the trust indenture, any moneys in such sinking fund in excess of any amount equal to one year's interest on all

Page 1035

revenue bonds then outstanding may be applied to the purchase of redemption of bonds. All revenue bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Revenues and earnings. It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project constructed under the provisions of this Act, including rules and regulations to insure maximum use of each such project, and to impose rentals and other charges for the use of the facilities furnished by such project and to collect the same from all persons, firms or corporations using the same. Rules and regulations. Section 11. Remedies. Any holder of revenue bonds issued under the provisions of this Act, or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority or any officer thereof, including the fixing, charging, and collecting of revenues and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, the City of Brunswick or the County of Glynn nor shall any such bond constitute a charge, lien or encumbrance, legal or equitable, upon any property of the State, the City of Brunswick or the County of Glynn. Remedies. Section 12. Contributions Authorized. The Authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues and earnings derived under the provisions of this

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Act, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes of which such grants or contributions may be made. The City of Brunswick or the County of Glynn through their respective fiscal authorities may contribute from their respective treasurers such sum or sums from time to time as they may think proper or advisable for the use of the Authority for any of its purposes. They may likewise give and convey any property real or personal to the Authority that may be owned by either the said city or county. Federal grants and other contributions. Section 13. Revenue Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding the revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Revenue refunding bonds. Section 14. Legal Investment and Security for Deposits. The bonds are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, saving banks and saving associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrative, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State any properly and legally invest funds including capital in their control or belonging to them. The bonds

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are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Bonds as legal investments and security for deposits. Section 15. Governmental Function. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and this State covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained or acquired by it or any fees, rentals or other charges for the use of such facilities or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. Government function. Tax exemption. Section 16. Limitation of Actions. Upon the passage of a resolution providing for the issuance of revenue bonds under the provisions of this Act, the Authority may, in its discretion, cause to be published once in each of two consecutive weeks in at least one newspaper published and having a general circulation in the City of Brunswick a notice in substantially the following form (the blanks being first properly filled in): Publication of notice of resolution to issue revenue bonds. The Port Authority of the City of Brunswick on the __________ day of __________19__________, passed a resolution providing for the issuance of $__________ Revenue Bonds of the Authority for the purpose of financing the construction of __________, such Revenue Bonds being payable solely from the revenue of such project. Any action or proceeding questioning the validity of

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said resolution or said Revenue Bonds must be commenced within twenty days after the first publication of this notice. Limitation period for contesting validity of bonds. __________ Chairman of Port Authority of Brunswick. Any action or proceeding in any court to set aside a resolution providing for the issuance of revenue bonds under the provisions of this Act or to contest the validity of any such revenue bonds or of the trust indenture, if any, to the same, must be commenced within twenty days from the first publication of the above mentioned notice. After the expiration of such period of limitation, no right of action or defense founded upon the invalidity of their resolution or the trust indenture, if any, or of the revenue bonds, shall be asserted, nor shall the validity of such resolution, trust indenture or bonds be open to question in any court upon any ground whatever, except in an action or proceeding commenced within such period. Any such action and any action to protect or enforce any rights under the provisions of this Act shall be brought in the Glynn Superior Court, which shall have exclusive original jurisdiction of such actions. Venue Section 17. Powers Not Impaired. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the State, and Authority and the holders of any such bond, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Authority's powers, etc., not impaired to bondholders, detriment. Section 18. Act Liberally Construed. This Act, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purpose hereof. Act to be liberally construed.

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Section 19. Constitutional Construction. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Saving clause. Section 20. Alternative Method. The foregoing sections of this Act shall be deemed to provide an additional and alternative method of the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Alternative method. Section 21. All laws and parts of laws in conflict with this Act, be and the same are, hereby repealed. Approved March 8, 1945. R. D. BROWN, COMPENSATION FOR INJURIES. No. 323. An Act providing funds for the compensation of property damage and injuries sustained by Corporal R. D. Brown, Army of the United States, and his wife, Mrs. R. D. Brown, caused by a collision between Corporal and Mrs. Brown, while riding in their Chevrolet automobile, and W. A. Ross, of the Georgia Bureau of Investigation, while driving a car of the Department of Public Safety of the State of Georgia on U. S. Highway No. 41, five miles south of Cordele, Georgia, on November 19, 1944, and for other purposes. Whereas, Corporal R. D. Brown, Army of the United States, and Mrs. R. D. Brown were traveling north at approximately 2:30 A. M. on U. S. Highway No. 41 approximately five miles south of Cordele, Georgia, in an automobile owned by Corporal R. D. Brown; and Whereas, W. A. Ross, of the Georgia Bureau of Investigation, while driving a car of the Department of Public Safety south on U. S. Highway No. 41 had a collision with

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the car of said Brown on the Brown's side of the road; and Whereas, the car of said Brown was demolished and Mrs. R. D. Brown suffered severe and grievous injuries to her face and body, including a deep cut on her chin just below her lower lip, and the loss of approximately ten of her front teeth, upper and lower, as well as bruises to the right side of her head and neck, and which injuries are permanent; and Whereas, as the result of said accident and injuries, the said Brown has sustained pecuniary loss of his automobile and the cost of medical services to his wife, self and baby daughter, who were riding with him, to the extent of approximately Five Hundred ($500.00) Dollars; and Whereas, the injuries to Mrs. Brown are permanent and result in her disfigurement and although she is only twenty-two (22) years of age; and Whereas, said Corporal and Mrs. Brown have 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 Two Thousand ($2,000.00) Dollars to be paid to Corporal and Mrs. R. D. Brown, citizens of the State of Kentucky, for compensation of damage and injury sustained in said accident. Compensation to Corporal and Mrs. R. D. Brown for injuries, etc. 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 8, 1945.

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DIVORCE COSTS DEPOSITS IN CERTAIN COUNTIES. No. 324. 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 10,435 inhabitants, nor more than 10,445 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 Ten ($10.00) Dollars as costs deposit, instead of Six ($6.00) 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 in all counties having a population under the last or any future Federal Census of not less than 10,435 inhabitants, nor more than 10,445 inhabitants, all applicants for divorce in the Superior Court of any such county shall be required to deposit with the Clerk of said court, before the filing of such applicant's petition for divorce, the sum of Ten ($10.00) Dollars as costs deposit, instead of Six ($6.00) Dollars. Divorce costs deposits in certain counties. 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. Consequence of default. Section 3. Said Ten ($10.00) Dollars shall be disbursed by the Clerk of the court as follows: Seven ($7.00) Dollars to the Clerk, and Three ($3.00) Dollars to the Sheriff; provided, however, where service is acknowledged upon any suit so filed, the Ten ($10.00) Dollars shall go to the Clerk of the court as costs deposit in said suit so filed. Disbursement of deposits. 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 8, 1945.

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TWENTY-SECOND AND THIRTY-SIXTH SENATORIAL DISTRICTS RE-ARRANGED. No. 331. An Act to re-arrange and group the counties composing the Twenty-second and Thirty-sixth Senatorial Districts of the State of Georgia on a more reasonable and equitable basis according to the population and representation thereof in the Lower House of the General Assembly, as prescribed and provided by the Constitution of Georgia. Whereas Section 2-1303 of the Georgia Code of 1933, the same being Paragraph 111 Section 11 of Article 111 [sic] of the Constitution, provides as follows: Senatorial DistrictsHow changed. The General Assembly may change these Senatorial Districts after each census of the United States, provided that neither the number of districts nor the number of Senators from each district shall be increased. And whereas there appears to be an inequitable and unfair arrangement of the counties in accordance with their population and representation in the Lower House, which compose the Twenty-second, and the Thirty-sixth Senatorial Districts of Georgia as they now exist, and no change of the same having been made since the last United States Census in 1940, Therefore; Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the counties composing the Twenty-second, and the Thirty-sixth Senatorial Districts of the State of Georgia, be and they are hereby re-arranged and grouped as follows: (a) The Twenty-second Senatorial District of Georgia shall be composed of the counties of Bibb, Monroe and Lamar. Twenty-second and Thirty-sixth Senatorial Districts re-arranged. (b) The Thirty-sixth Senatorial District of Georgia

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shall be composed of the Counties of Coweta, Meriwether and Pike. Section 2. That each of said Senatorial Districts as thus re-arranged shall be entitled to elect one Senator from their respective district to serve them in the General Assembly of Georgia, and shall be elected in the counties in the following order, to-wit: Lamar, Bibb and Monroe in the Twenty-second Senatorial District and Pike, Coweta and Meriwether in the Thirty-sixth Senatorial District. Order of counties' election of Senator. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1945. SHERIFFS' ADDITIONAL COMPENSATION IN CERTAIN COUNTIES. No. 333. An Act to authorize and direct the authority having control of the expenditure of County funds and/or other proper officials in all Counties in the State of Georgia having a population of not less than 6,890 nor more than 6,900 according to the Federal Census of 1940, or any other future Federal Census, because of the extra duties imposed on such officer by reason of national defense activities, to pay to the Sheriff of said Counties the sum of $50.00 per month each in addition to the fees and compensations now paid to said officers; 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 authority of the same: Section 1. That from and after the passage and approval of this Act, the authority having control of the expenditure of County funds, and/or other proper officials of all Counties in the State of Georgia having a

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population of not less than 6,890 nor more than 6,900 according to the Federal Census of 1940, or any other future Federal Census, because of the extra duties imposed on such officer by reason of national defense activities, are authorized and directed to pay to the Sheriff of said Counties the sum of $50.00 per month each in addition to the fees and compensations now paid to said officers. Sheriff's additional compensation in certain counties. Section 2. Be it further enacted that this Act shall become effective immediately upon its passage and approval, and shall remain in effect until six months after the duration of the present World War. Effective period. Section 3. All laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 8, 1945. ATLANTA EMPLOYEES, UNCLASSIFIED AND CLASSIFIED SERVICE. No. 335. An Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874 and the several Acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. The Act approved February 28, 1874 establishing a new charter for the City of Atlanta and the several Acts amendatory thereof are further amended as follows: The Charter of the City of Atlanta as set out in the official code, City of Atlanta, 1942, with reference to the sections in said Code is amended as follows: That said Section 6-404 of Article 4 of Chapter 6 of the aforesaid code is amended by striking therefrom

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subparagraphs (k), (n) and (o) and by striking from subparagraph (d) of said Section 6-404 the following words: orderlies, maids, cooks, kitchen help, clinical assistants and social workers in public hospitals and by adding the following subparagraph (m): (m) When more than 50% of the officers and employees of the Departments of Police, Fire and Education, respectively, which are now, or are not now, under their own Civil Service tenure rules, request in writing to the Personnel Board that they be placed under the classified service provided for in this article, then such officers and employees shall thereafter be under the classified service. When more than 50% of the officers and employees of the Carnegie Library and its branches request in writing to the Personnel Board that the officers and employees of the Carnegie Library and its branches be placed under the classified service, they shall thereafter be under said classified service. Said Section 6-404 is further amended by adding at the end of said section the following: 3. All employees who, by reason of this amendment, were transferred from the unclassified service to the classified service, who on the date of the approval of this Act had been on the payroll of the City of Atlanta for at least 90 days immediately preceding shall continue to hold such position subject to the provisions of this article and shall be deemed to have received a regular appointment in accordance with such provisions by complying with such provisions by complying with such Section 6-405 of said chapter. When the officers and employees of the Departments as provided under sub-section (m) of Section 6-404 of this chapter by their request come under the classified service and all of such officers and employees who had been on the payroll of the City of Atlanta for 90 days immediately preceding the effective date of their transfer to said classified service shall continue to hold such position or positions, subject to the provisions of this chapter and shall be deemed to have received a regular appointment in accordance

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with such provisions by their complying with the provisions of Section 6-405 of this chapter. So that said Section 6-404 of Article 4 of Chapter 6 of said code as amended and the sub-sections re-lettered and re-numbered shall read as follows: 6-404. Unclassified Service and Classified Service. The civil service of the City of Atlanta shall be divided into the unclassified service and the classified service. (1) The unclassified service shall consist of the following: (a) Officers elected by the people and persons appointed to fill vacancies in such elective offices. (b) Officers and employees specifically exempted by law. Unclassified and classified civil service. (c) Members of boards or special commissions appointed by the Mayor or by the Board of Education, for special purposes, who serve without compensation. (d) Internes and student nurses. (e) All assistants and employees in the Department of Law. (f) The executive secretary and one other confidential employee of the Mayor, but not including his private secretary who shall be under the classified service. (g) Persons temporarily appointed or designated to make or conduct a special inquiry, investigation or examination where such appointment or designation is certified by the Board to be for employment which should not be performed by persons in the classified service. (h) Election officials. (i) Heads of departments elected by the Mayor and General Council. (j) Officers and employees in the Department of Police, Fire and Education having their own civil service or tenure rules.

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(k) Superintendents and assistant superintendents under the Board of Education, and other persons elected by said Board for definite terms; librarians employed through the Board of Education; clerks in schools; and nurses, maids and employees in cafeterias in schools. Promotion or election by the Board of Education from a position in which tenure is provided by law to another position under the Board in which tenure is not so provided shall not destroy the tenure status of such person. Librarians and clerks in schools shall serve during good behavior and efficient service under such rules and regulations as may be established by the Board. (1) Officers and employees of the Carnegie Library and its branches. (m) When more than 50% of the officers and employees of the Departments of Police, Fire and Education, respectively, which are now, or are not now, under their own Civil Service tenure rules, request in writing to the Personnel Board that they be placed under the classified service provided for in this article, then such officers and employees shall thereafter be under the classified service. When more than 50% of the officers and employees of the Carnegie Library and its branches request in writing to the Personnel Board that the officers and employees of the Carnegie Library and its branches be placed under the classified service, they shall thereafter be under said classified service. (2) The classified service shall include all other public officers and employees in the Atlanta employment service now or hereafter employed and all appointments, employments, removals, promotions, transfers, layoffs, reinstatements, suspensions and changes in grade or title in the classified service shall be made and permitted only as prescribed in this article, and not otherwise. (3) All employees who, by reason of this amendment, were transferred from the unclassified service to the classified service, who on the date of the approval of this Act had been on the payroll of the City of Atlanta for at least 90 days immediately preceding, shall continue

Page 1048

to hold such position subject to the provisions of this article and shall be deemed to have received a regular appointment in accordance with such Section 6-405 of said chapter. When the officers and employees of the Departments as provided under sub-section (m) of Section 6-404 of this chapter, by their request, come under the classified service and all of such officers and employees who had been on the payroll of the City of Atlanta for 90 days immediately preceding the effective date of their transfer to said classified service shall continue to hold such position or positions subject to the provisions of this chapter and shall be deemed to have received a regular appointment in accordance with such provisions by their complying with the provisions of Section 6-405 of this chapter. Section 2. That Section 6-417 of Article 4, Chapter 6 as set out in the aforesaid Code is stricken and in lieu thereof the following section is enacted: 6-417. Any appointing authority may suspend a subordinate in the classified service for cause and may recommend to the Personnel Board that he be dismissed from the service or recommend suspension, demotion or transferral. Such appointing authority shall, on the day of such suspension, file with the Board a copy of the written notice furnished the employee so suspended, setting forth in detail the reason for such action and his recommendations in the premises. The dismissed employee shall have an opportunity to answer the charges in writing within 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. It shall then be the duty of the Personnel Board, upon an investigation and a hearing thereon, to either approve or disapprove the suspension by the appointing authority and where recommendations are made, to either approve or disapprove such recommendations, with authority where the cause is shown to suspend the employee for any period of time it may designate; or reinstate the employee to his former status and in their discretion with authority to direct payment of salary

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during such period of suspension preceding the trial; or to transfer, demote or dismiss said employee. Provided, however, that the Board within 30 days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion or on the motion of any party, re-open the case and vacate, modify or revise his former order so as to lessen but not increase the penalty imposed, but after the end of such 30 days, the Board shall not have any authority to re-open such case for any cause. Anything herein to the contrary, notwithstanding where an appointing authority has adopted or hereafter adopts a rule for the compulsory retirement of all of its employees upon their reaching an age, provided by such appointing authority, the provisions of this article shall be subject to any such rule of such appointing authority. Suspension or dismissal of subordinate. Re-opening case. Section 3. That said Article 4 of Chapter 6 be further amended by adding a new section to be known as Section 6-418 (a) of the Code, City of Atlanta, 1942, to-wit: 6-418 (a). Where an employee is dismissed from the service, he shall have the right, within 2 years, to apply for reinstatement, upon making an application for reinstatement to the Personnel Board he may be reinstated, without taking an examination, to the classified service, provided, such reinstatement is recommended by the head of the department he was in at the time of his dismissal and approval of the Personnel Board. Re-instatement. Section 4. That Section 6-411 of Article 4 of Chapter 6 is stricken and in lieu thereof the following new section is enacted. Section 6-411. Promotion. Promotions of employees covered by this Article shall be made only according to merit and fitness and must be ascertained by competitive examinations, regardless of the number of applicants seeking promotion. Such examinations shall be conducted by the Director. Promotion. Section 5. That sub-paragraph (e) of Section 6-402 of Article 4 of Chapter 6 of the aforesaid code be amended by striking out the words first day of December of

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each year and inserting in lieu thereof the following words: first day of February covering the period of time from January 1st through December 31st of the preceding year so that as amended, the paragraph shall read as follows: (e) To examine and approve or modify the annual report prepared by the Director and submit such report to the Mayor on or before the first day of February covering the period of time from January 1st through December 31st of the preceding year, transmitting therewith any suggestions it may approve for the more effectual accomplishment of the purpose of this Article. Annual report to Mayor. Section 6. The said Article 4 of Chapter 6 of the aforesaid code is further amended by adding the following new sections, to be known as Sections 6-425 and 6-426, to-wit: 6-425. Any changes or amendments to the position classification plan now in effect in the classified service of non-school employees shall be made by the Personnel Board and concurred in by the Mayor and General Council, and such changes or amendments as to school employees under said classification plan shall be made by the Personnel Board and concurred in by the Board of Education. Changes in position classification plan. 6-426. No employee within the classified service shall be placed on the payroll of the City of Atlanta until the Personnel Director has properly certified the individual to the position. Certification by Personnel Director. Section 7. Any and all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1945. POLICE AND FIREMEN'S PENSIONS IN CERTAIN COUNTIES. No. 339. An Act to amend an Act entitled: An Act to provide

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that counties having a population of more than two hundred thousand (200,000) by the United States Census of 1920 or any subsequent census shall furnish aid and relief and pensions to regular members of county police departments but not to supernumeraries, now in active service; and to future members and their dependents in specified cases. To provide that regular members of such county police departments who have served twenty-five (25) years may retire as a matter of right and how such members shall be paid upon such retirement. To provide how such members shall be paid in case of total disability resulting from such service, and how such total disability may be determined. To provide how and what relief shall be paid widows, children or dependents of any such members in case of death of such members. To provide for the creation of a fund from which such payments shall be made. To provide how such funds shall be collected, deposited, managed and paid. To create a Board of Trustees and provide for their selection and election to manage, deposit, receive and disburse said funds and to invest such funds under certain conditions. To provide that the Board of Trustees shall make all necessary rules for carrying out the terms of this Act. To provide that none of the funds mentioned shall be subject to attachment, garnishment, judgment, nor shall they be assignable; but shall be paid in cash to the beneficiary. To provide that any 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 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, (Georgia Laws 1939, p. 278) as amended by an Act approved March 24, 1941 (Georgia Laws 1941, p. 404) and as thereafter

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amended by an Act approved February 23, 1943 (Georgia Laws 1943, p. 459) and thereafter amended by an Act approved March 12, 1943 (Georgia Laws 1943, p. 463), so as to define the term average monthly salary or wage and the term qualified widow and the term qualified minor children as used in this amendment; so as to change and set up a new schedule and new amounts and classifications of 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 policemen and firemen; to provide new benefits to policemen and firemen and their beneficiaries for causes and after periods of service not covered by prior law; to provide on terms herein stated new benefits to qualified widows and to qualified minor children after additional contributions for that purpose by county policemen and county firemen; to provide a service-connected disability pension for disability incurred in line of duty and to define the causes for which such pension shall be allowed and to fix the amount thereof and define the persons entitled to receive same; to provide the terms and conditions upon which continued payment of a disability pension depends and to provide for determination of an issue regarding the existence or the continuance of disability; to set a retirement age and to provide for and require retirement at that age of all policemen and firemen in such counties, and the effective date and method of such retirement and to provide for refunds to members who die, resign or may be dismissed from the service of the county without having received benefits under this Act and the amount of such refund and persons entitled to receive same; to provide for reentry into such pension system upon reemployment after resignation or dismissal from the service of the county, and the terms and conditions of such reentry; to change the personnel of the Board of Trustees after the expiration of terms of present members and the method of their election; to provide for the counting of years of service by a policeman or

Page 1053

fireman in other counties which may merge with a county subject to the provisions of said Act; to continue the authority of the Board of Trustees to compel retirement of a member with twenty-five (25) years of service whom they deem incapable of further service in the department and to provide the method thereof; to provide that any portion of this amendment not authorized by the Constitution at this time shall take effect upon appropriate amendment or change in the Constitution of this State; to provide a separability clause and to repeal conflicting laws. 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 as heretofore amended by the amendments specified in the caption hereof be, and the same is, hereby amended in the following particulars: Section I. Sections 2, 3, 4, 5 and 11 of said Act approved March 16, 1939 (which sections are published in Georgia Laws 1939, pp. 280, 282, 283 and 284) and Sections 1, 2 and 2-A, of said amendment approved February 23, 1943 (which sections are published in Georgia Laws 1943, pp. 461 and 462) are stricken and in lieu thereof the following new sections are enacted to be designated by the following numbers, to-wit: Section 2. Definitions. As used in this amendment, the following words and terms shall have the following meanings: Definitions. `Average monthly salary or wage' as used in this amendment shall mean an amount equivalent to the average monthly salary or wages paid during the two (2) consecutive years that a policeman or fireman subject to the provisions of said Act as amended drew his or her highest monthly salary or wage as a public employee subject to the provisions of this Act. The term `qualified widow' as used in this amendment refers to and includes only a surviving widow of a participating policeman or fireman who had been the wife of such policeman or fireman for the period

Page 1054

of time required by Section 23 of said Act approved March 16, 1939 (Georgia Laws 1939, page 285.) The term `qualified minor children' as used in this amendment refers to and includes only the surviving minor child or children of a deceased policeman or fireman who are unmarried and not more than eighteen (18) years of age. Upon marriage or upon attainment by a qualified minor child of the age of eighteen (18) years, such child's interest in any pension payable under this Act or any amendment thereto shall cease and determine. Any pension payable hereunder to `qualified minor children' shall be distributed in equal shares for the benefit of all children within that class as herein defined and as respective children who are so qualified attain the age of eighteen (18) years, any pension payable hereunder shall be payable only for the benefit of remaining children so qualified and distributed accordingly as long as there remains a minor child or children of such deceased policeman or fireman under the age of eighteen (18) years. Section 3. Jurisdiction and authority to continue to pay to policemen and firemen and to their widows and minor children the pensions lawfully allowed prior to this date under said original Act approved March 16, 1939 (Georgia Laws 1939, p. 278) or under any prior amendment thereto is retained. Beginning with the approval of this Act, the following pensions and no others shall be allowed and payable to policemen and firemen, their widows and minor children in counties of Georgia having a population of more than two hundred (200,000) thousand by the United States Census of 1920 or any subsequent census: Authority to continue payments under 1939 Act as amended retained. This Act exclusive as future pensions. Standard Service Pension Any such policeman or fireman in counties of Georgia having the population specified in the caption who has reached the age of fifty-five (55) years and has served twenty-five (25) years in active service in any county of Georgia subject or made subject by this

Page 1055

amendment to the terms of said Act (of which twenty-five (25) years of service five (5) years or more must have been immediately preceding the right to have benefits under this Act) if otherwise eligible to a pension under this Act as amended, shall be entitled to retire as a matter of right and to receive a standard service pension of one-half () the `average monthly salary or wage' paid to such policeman or fireman but not exceeding the sum of One Hundred ($100.00) Dollars per month in any instance, which standard service pension shall be paid monthly during the remainder of the natural life of such policeman or fireman, except that said pension shall cease immediately upon acceptance by such policeman or fireman of other public employment of the nature defined in Section 20 of said Act. Years of service to which any policeman or fireman may be entitled under Section 4 of said Act approved February 23, 1943 (Georgia Laws 1943, p. 462) are hereby preserved and shall be counted in determining eligibility for any pension under said Act or any amendment thereto. Standard service pension. Other public employment terminates pension. Years of service under Act of 1943 preserved. Service-Connected Disability Pension A service-connected disability pension in an amount equal to one-half () of the `average monthly salary or wage' paid to such policeman or fireman, but not exceeding One Hundred ($100.00) Dollars per month in any instance, shall be paid during the continuance of disability to any such policeman or fireman in counties of Georgia having the population specified in the caption (without regard to age or length of service) who shall become totally and permanently disabled as the direct and proximate result of either of the following causes, namely: Service-connected disability pension. (a) From accident suffered in line of duty resulting in the disability of such policeman or fireman, or (b) From an occupational or industrial disease due to specific poisons, mechanical or chemical irritants and the like, which are recognized as a peculiar

Page 1056

hazard of the occupation in the county's service in which such person was engaged and of a character which other persons not engaged in such occupation do not contract, or (c) From a disease or illness resulting exclusively from emergency exposure in line of duty as a policeman or fireman, without the intervention of natural causes. Partial Pension for Disability From Other Cause After Ten (10) Years of Service Any such policeman or fireman in counties of Georgia having the population specified in the caption who is not otherwise entitled to a pension under this law and who has been in the active service and on the payroll of such county for a period of ten (10) years or more (of which service five (5) years or more must have been immediately preceding the right to have benefits under this Act) 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 retire and to receive from the pension fund created by said Act for said county for the period provided by this amendment a disability pension in an amount proportionate to the total number of whole years of service to the county by such policeman or fireman. After ten (10) years of service, such policeman or fireman whose health during said ten-year period becomes totally and permanently impaired shall receive as a pension Forty ($40.00) Dollars per month during life or continuance of disability, and for each additional year of service the amount of such disability pension shall be increased in the sum of Four ($4.00) Dollars per month for each additional full year of service until a maximum of One Hundred ($100.00) Dollars per month is reached for disability after twenty-five (25) years of service. Such disability pension shall not exceed in any instance the sum of One Hundred ($100.00) Dollars per month. Partial pension for disability from other cause after 10 years' service.

Page 1057

Payment of Disability Pensions Conditional on Continuance of Disability Any disability pension provided by any paragraph of this amendment for disability from any cause, that is, either the service-connected disability pension or the disability pension allowed after ten (10) years or more of service (of which ten years the last five (5) years must have been continuous as herein provided) shall be allowed and paid to a disabled policeman or fireman only during the continuance of such disability, as defined by this Act. If a question should arise at any time as to the continuance of such disability and the eligibility for that reason of the pensioner to continue to receive a pension, then the failure or refusal of the county authorities to provide [Illegible Text] with duties comparable to those required of the same person at time of retirement and at the `average monthly salary or wage' of the pensioner as defined by this Act shall be conclusive evidence of the continuance of disability upon which the right to continue to receive a pension depends. For the purpose of ascertaining whether or not such disability continues, the Board of Trustees shall from time to time (but not oftener than once each six (6) months) be authorized to investigate and inquire into the physical condition of such pensioner (and if it deems it advisable) to have such pensioner examined by the county physician, and to make a new finding based upon such examination and the evidence regarding continuance of disability. In passing upon any question of continuance of disability of a pensioner, the Board of Trustees may receive and consider the reports and recommendations of physicians who have examined the pensioner, and either party shall have the right to submit medical and other competent evidence on the question of continuance of disability as herein defined. Continuance of disability as condition for continuance of disability pension. Investigations as to pensioner's disability. Should an issue arise between the parties as to the existence of disability or the continuance of disability, the applicant or the pensioner, as the case may be, shall select a physician, the Board of Trustees shall

Page 1058

select a physician, and the two (2) physicians so selected shall select a third, which physicians must be duly licensed to practice medicine in this State. These three (3) physicians shall examine the applicant, or the pensioner, as the case may be, and determine whether the applicant is disabled or whether disability continues as herein defined, and the decision of a majority of these physicians shall be final on the question and shall be entered on the minutes of the Board of Trustees as the judgment and finding of said Board. Determination of issue of disability. Section 4. Should a policeman or fireman in counties of Georgia having the population specified in the caption who has contributed to the pension fund the amounts required by Section 9 of said Act approved March 16, 1939 (Georgia Laws 1939, page 282) and the amendments thereto, be hereafter killed in the performance of duty as such policeman or fireman, then his surviving widow (and in the event he leaves no widow, his `qualified minor children') shall be eligible and entitled to receive as a pension a sum equivalent to fifty (50%) per cent of the `average monthly salary or wage' (as defined by this Act) of such policeman or fireman, except that such pension to a surviving widow shall not exceed the sum of Seventy-five ($75.00) Dollars per month in any instance. Said pension to a surviving widow of a policeman or fireman killed in the performance of duty shall be paid to the surviving widow only during her natural life or widowhood, and upon her death or remarriage continued to the `qualified minor children' of such deceased policeman or fireman to be distributed among them in the manner provided by this amendment until the youngest child attains the age of eighteen (18) years. Beneficiaries upon policeman's or fireman's death in performance of duty. Section 5. In counties of Georgia having the population specified in the caption, all members of the police department or the fire department shall be retired effective at the end of the calendar year in which he reaches his sixty-fifth (65th) birthday. Every policeman and fireman retired in such counties on account of age, after fifteen (15) or more full years of

Page 1059

service as a member of the police department or the fire department of such counties and not otherwise entitled to a pension under said Act as amended, shall receive a pension in an amount proportionate to the total number of whole years of service by such person as a policeman or fireman in such counties. After fifteen (15) years of service, such policeman or fireman so retired on account of age and not otherwise entitled to a pension under said law, shall receive as a pension the sum of Sixty ($60.00) Dollars per month to be paid to such pensioner for and during the term of his natural life, and for each additional year of service the amount of such pension shall be increase in the sum of Four ($4.00) Dollars per month for each additional full year of service, until a maximum of Ninety-six ($96.00) Dollars per month is reached as a pension for retirement on account of age after twenty-four (24) years of service. All policemen and firemen now in service in counties subject to the provisions of said Act who have passed or will pass their sixty-fifth (65th) birthday on or before June 30, 1945 shall be, and they are hereby, retired, effective June 30, 1945. The pensions provided by this section shall be payable to policemen and firemen so retired beginning with the month of July, 1945. retirements. Section II. Be it further enacted by the authority aforesaid, that Section 9 of said Act approved March 16, 1939 (which section is published in Georgia Laws 1939, p. 282) is stricken and in lieu thereof the following new section is enacted to be designated as Section 9, to-wit: Section 9. Beginning with the first month following the approval of this amendment, each policeman and fireman in counties of Georgia having the population specified in the caption is required to contribute and pay to the pension fund created by said Act three (3%) per cent of such policeman's or fireman's monthly salary or wages, except that the maximum contribution hereafter required to be paid by any policeman or fireman for benefits other than the benefits provided by Section 22 for widows and minor children

Page 1060

(which Section 22 is added by this amendment), shall not exceed the sum of Six ($6.00) Dollars per month. Such payment shall be made in the following manner: The Treasurer of such county shall each month deduct and retain said sum from the regular monthly salary of each regular member of such police or fire department. Such sum so retained shall then be paid into said pension fund monthly by the Treasurer of the County to the Treasurer of the Board of Trustees. Contributions. Salary deductions. Section III. Be it further enacted by the authority aforesaid, that Section 22 of said Act approved March 16, 1939 (which section is published in Georgia Laws 1939, p. 284) is stricken and in lieu thereof the following new section to be designated as Section 22 is enacted to read as follows: Section 22. No benefits provided by this section for the widow or the minor child of a policeman or fireman in counties in Georgia having the population specified in the caption shall hereafter accrue to any person unless the policeman or fireman upon whose service the pension depends shall comply with all provisions of this section. Prerequisites to pension for widows and minor children. Any regular policeman or fireman now employed in a county of Georgia having the population specified in the caption who desires the additional benefits provided by this section for widows and minor children shall, within a period of sixty (60) days following the approval of this amendment, give written notice to the Clerk of the Board of Commissioners of Roads and Revenues or other county authority of an election to make the additional contributions provided by this section for benefits for his widow or minor child or children. Any such policeman or fireman who becomes an employee of such county after the date of approval of this amendment and desiring the benefits of this section, shall give the same notice within sixty (60) days from the time such employment commences. Any former member of such police department or fire department

Page 1061

whose pension rights are preserved by compliance with the Act approved March 12, 1943 (Georgia Laws 1943, pp. 463-466) and desiring the benefits of this section shall give the same notice within sixty (60) days from the time reemployment commences. Said written notice by a returning employee shall be effective as to benefits for widows and minor children, provided and on condition that such returning employee within the time required by said Act approved March 12, 1943, pays into said pension fund the sum required by said Act approved March 12, 1943. Each policeman or fireman making said election shall, beginning with the first month following written notice to said Clerk, contribute and pay into the pension fund created by said Act an additional one (1%) per cent of such policeman's or fireman's salary or wages over and above the three (3%) per cent required by Section 9 of said Act as amended hereby, except that the maximum contribution for all benefits provided by this section shall be Two ($2.00) Dollars per month. In the event such election is made and notice given, the Treasurer of such county shall each month thereafter deduct and retain from such policeman's or fireman's salary or wages said additional one (1%) per cent contribution and pay same into said pension fund by paying same to the Treasurer of the Board of Trustees in the same manner as required by Section 9 as amended for other contributions to said pension fund. Salary deductions. As to any policeman or fireman complying with the provisions of this section and making the additional contribution of one (1%) per cent provided hereby, the following additional rights and benefits shall accrue to his `qualified widow' or `qualified minor children' as herein defined: (a) Upon the death of a pensioner making such additional contributions, any pension granted after the effective date of this Act pursuant to the provisions of the new Section 3, which is substituted by this amendment, shall be continued to his `qualified

Page 1062

widow,' if any, during the term of her natural life or widowhood, and after her death or remarriage to such pensioner's `qualified minor children', except that the amount of such pension continued to such widow or minor children shall be a sum equivalent to seventy-five (75%) per cent of the amount of the pension so provided by said Section 3 for such pensioner during lifetime. Benefits to qualified widow or qualified minor children. (b) In case such policeman or fireman making such additional contributions was eligible to apply for and receive a pension under any paragraph of the new Section 3, which is substituted by this amendment, but failed to do so and continued 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, then the `qualified minor children' of such policeman or fireman may apply for and receive as a pension a sum equivalent to seventy-five (75%) per cent of the amount to which said policeman or fireman 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 `qualified minor children' during the period of their qualification hereunder. Section IV. Be it further enacted by the authority aforesaid, That a new section to be known as Section 28 be added to the above entitled Act as amended, reading as follows: Section 28. Provision is hereby made for the refund of a portion of the contributions of policemen and firemen to the pension fund created by said Act in counties of Georgia having the population specified in the caption in the following amounts and on the following conditions, to-wit: Refunds No refund shall ever be made to any person of any part of the contribution to said pension fund by any

Page 1063

policeman or fireman if such policeman or fireman, or his beneficiary herein named, was ever at any time allowed, or is entitled to receive, a pension under any section of said Act or any amendment thereto. No further contribution shall be required by any policeman or fireman during the time that such party or his beneficiary is receiving a pension under said Act. Should any policeman or fireman who has contributed to such pension fund die, resign or be dismissed from the service of such county without having received or become entitled to receive a pension of any kind, and without having a qualified beneficiary entitled to a pension to be paid from the pension fund created by said Act, then such contributing policeman or fireman or his designated beneficiary or personal representative, as the case may be, shall be entitled to a refund of an amount equivalent to all contributions made by such policeman or fireman to said pension fund in said county less one-half of one (%) per cent of such aggregate contributions (including any contribution made for benefits to widows and minor children) for each year that such participating policeman or fireman while in life received protection under said Act. To illustrate, if at the end of the first year of service a policeman or fireman should resign after having paid into said pension fund, pursuant to Section 9 of said Act or amendments thereto, the sum of Ten ($10.00) Dollars, and without having made any contribution pursuant to the new Section 22 which is enacted by this amendment, the amount of refund herein provided for such policeman or fireman or his designated beneficiary or personal representative, as the case may be, would be $9.95; and if such policeman or fireman should leave the service of the county after having received the protection of said Act for a period of eleven (11) years and after having contributed, pursuant to Section 9, the sum of $110.00 and pursuant to said new Section 22, the additional sum of $30.00 for benefits for his widow and minor children, the amount of refund to such policeman or fireman or his designated beneficiary or representative,

Page 1064

as the case may be, would be the sum of $132.30, which is 94% of such person's aggregate contribution to the pension fund provided by all sections of said Act as amended hereby. Any contributing policeman or fireman may, by written designation filed with the Treasurer of the Board of Trustees, specify any person, whether related to him or not, to receive from such Treasurer any refund of a percentage of his contribution which may become due under this Act in the event of his death. If this privilege is exercised by a policeman or fireman, then such refund, if any, shall be made to the person so designated, and if no person is so specified to receive said refund, then such refund, in the event of death, shall be made to the contributing policeman's or fireman's personal representative. Except as to persons entering the Armed Forces of the United States, for whom special provision is made by said Act approved March 12, 1943 (Georgia Laws 1943, p. 463), should any policeman or fireman in a county of Georgia having the population specified in the caption who has resigned or been dismissed from the service of such county and has received any amount as a refund of any portion of such party's contribution to a pension fund covered by this law, thereafter again become a policeman or fireman entitled as such to share in a pension fund created by this Act or any amendment thereto, neither said policeman nor fireman, nor any beneficiary claiming by reason of his service shall thereafter be eligible or entitled to receive any pension under this Act or any amendment thereto unless and until such returning policeman or fireman has first repaid into the pension fund created by this Act for the county in which he returns to service the full amount theretofore withdrawn by such returning party from said pension fund, together with three (3%) per cent per annum interest thereon from date of withdrawal to date of payment. Any policeman or fireman withdrawing any portion of his contribution to such pension fund and thereafter employed by a county

Page 1065

subject to the terms of this Act, shall not be entitled to credit on his service record for former years of service to a county of this State governed by this Act until any amount so withdrawn from the pension fund, with interest thereon at the rate herein provided, has been fully repaid into the pension fund of the county where he is reemployed. Reinstatement of policeman or fireman returning after receiving refund. Service record lost by withdrawal of contribution. Section V. Be it further enacted by the authority aforesaid, that a new section to be known as Section 6-A be added to said Act, reading as follows: Section 6-A. The Board of Trustees as formerly constituted by Section 6 of said Act approved March 16, 1939 (Georgia Laws 1939, p. 281) shall continue to function with the personnel formerly provided by law until July 1, 1945. Board of Trustees. Effective July 1, 1945, the Board of Trustees shall consist of two (2) members of the police department, one (1) member of the fire department, the Clerk of the Board of Commissioners of Roads and Revenues of such county, and the County Treasurer. The former requirement that one member of the police department holding office on said Board shall be an officer is abolished. The two (2) policemen and the one (1) fireman to be voted on at the election to be held the first Tuesday in June, 1945, and annually thereafter, shall be elected by secret ballot by all the members of the police department and all members of the fire department all of whom shall vote upon the candidates from both departments. Members so elected annually on the first Tuesday in June of each year, beginning the first Tuesday in June, 1945, shall take office on July 1 next following their election and shall serve for a term of one (1) year and until their successors are elected and qualified. The jurisdiction and authority of the Board of Trustees shall continue as now provided by law. Authority. Section VI. Be it further enacted by the authority aforesaid, that a new section to be known as Section 29 be added to the above entitled Act, reading as follows:

Page 1066

Section 29. In any case where a county of this State has been or may be dissolved and merged with a contiguous county in the manner provided by Article XI, Section I, Paragraph V of the Constitution of this State, and the latter county with which the dissolved county merged is of the class specified in the caption of said Act, all years of service by a policeman or fireman in the county so dissolved and merged shall be included and counted for all purposes under this Act as years served in such contiguous county so subject to the provisions of said Act. Years of service in merged contiguous county. Section VII. Be it further enacted by the authority aforesaid, that Section 12 of said Act which is published in Georgia Laws 1939, pp. 282 and 283, as amended by said Act approved March 24, 1941 (Georgia Laws 1941, p. 404) be, and the same is, hereby amended by striking the words Section 3 hereof which are the last words in the first sentence of said section and by substituting therefor the words the new Section 3 which is enacted by this amendment, so that Section 12 of said Act as amended shall read as follows: Section 12. In case a member has served twentyfive (25) years and does not wish to retire and the Board of Trustees deems such member incapable of further service in the department, the same proceeding shall be had as that to determine the condition of a disabled member of the police or fire department, set forth in the new Section 3 which is enacted by this amendment. The decision shall be final. Determination of capacity for service, after 25 years' service. Section VIII. Be it further enacted by the authority aforesaid, that if any section or provision added by this amendment is unconstitutional at the time of the approval of this amendment, same shall become valid and take effect upon the ratification of a constitutional amendment or upon the adoption of a new Constitution authorizing the pensions or benefits provided thereby. Any unconstitutional provision to be validated by constitutional amendment. Section IX. Be it further enacted by the authority aforesaid, that if any part, parts or section of this Act should for any reason be declared unconstitutional, such

Page 1067

decision shall not affect the validity of any remaining portion of this Act, which remaining portion the General Assembly intends shall continue in force as if such Act had been passed with unconstitutional portion thereof eliminated. Saving clause. Section X. Be it further enacted by the authority aforesaid, that Section 24 of said Act approved March 16, 1939 which is published in Georgia Laws 1939, p. 285, be, and the same is, hereby repealed. Section 24 of 1939 Act repealed. Section XI. Be it further enacted 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, 1945. POLICEMEN'S PENSIONS IN CERTAIN COUNTIES. No. 340. An Act to amend an Act approved February 15, 1933 (Acts 1933, Page 213) entitled An Act to repeal an Act approved March 18, 1925, etc., and to provide for a pension for members of the Police Department in cities having a population of 150,000 or more in the State of Georgia according to the last census of the United States, etc., as amended by the Act approved March 16, 1939 (Acts 1939, Page 356); to provide for the method of service and age to retire as a matter of right; to strike Section 3 of the Act of 1933 and insert a new Section 3 as to amount of pension to be paid on retirement as a matter of right to pensioner and his beneficiaries; to strike Section 4 of the Act of 1933 as amended by the Act of 1939 as to amount to be paid to pensioner by reason of disability received in line of duty or because of poor health; to strike Section 4a of the Act of 1939 and enact a new Section 4a as to pensions to be paid on account of disability arising outside of police duties; to add a new section to be known as Section 4b as to the method of determining total disability; to add a new section to provide for giving

Page 1068

credit to members on military leave; to provide a new section to be known as Section 4c for pensions to be paid widows of members who lose their lives in line of duty; to provide for contribution by members out of their salaries and wages for the support of the 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 as follows: Section 1. That the Act approved February 15, 1933 (Acts 1933, page 213) as amended by the Act approved March 16, 1939 (Acts 1939, page 356), which is entitled An Act to repeal an Act approved August 18, 1925, etc., and to provide for a pension for members of the Police Department in cities having a population of 150,000 or more in the State of Georgia according to the last census of the United States, etc. (Acts 1933, page 213) be and the same is hereby amended as follows: Section 2 of said Act as amended by the Act approved March 16, 1939 is amended by adding thereto a new sub-section to be known as Section 2 (b): Section 2 (b). All persons becoming members of such Police Department on or after April 1, 1945 must attain 55 years of age and have served a minimum of 25 years to be eligible to retire as a matter of right, provided, however, that this provision shall not apply in cases of actual total and permanent disability nor to any members of said department as of March 31, 1945 but shall apply solely to those employed or becoming members of said department after March 31, 1945. Retirement eligibility for those joining police department after March 31, 1945. Section 2. That the aforesaid Act is further amended by striking Section 3 thereof and inserting in lieu of the same the following: Section 3. Be it further enacted, that when such member shall retire as a matter of right, as aforesaid, he shall be paid thereafter, if otherwise entitled thereto under the provisions of this Act, 55% of the monthly salary or pay he was receiving at the time of his retirement for the rest of his life to be paid monthly, provided, that the maximum amount to be paid to any member as a pension shall be the sum of $100.00 per month.

Page 1069

In the event of the death of such member who is receiving a pension under the provisions of this Act, if he has designated a beneficiary, his widow and minor children, and, if no widow, his minor children, shall draw from the time of such pensioner's death, three-fourths of the sum that the pensioner was drawing at the time of his death; and such pensions shall continue until such widow dies or remarries, and at her death or remarriage, then said pension shall be continued to be paid to the minor child or children of such deceased pensioner, and shall continue to be so paid until such child, or the youngest of such children, shall attain the age of 16 years. The term widow as herein used shall mean the wife of a policeman or pensioner who was married to him at least five years prior to the time the said policeman became eligible to retire by reason of length of service; and unless such widow whose husband participated in the pension fund hereunder was married to such policeman or pensioner at least five years prior to becoming eligible to retire by reason of length of service, she shall not be entitled to a pension under this Act; nor shall the provisions of this Act be extended to include a wife of a policeman or pensioner who is not living with her husband, who is a policeman or pensioner hereunder, at the time of his death; nor shall the provisions of this Act be construed to include a wife who has deserted her husband who is such a policeman or pensioner and has not been supported by him. But if such policeman or pensioner is not married and should leave a widowed mother who was designated as beneficiary who is dependent upon such policeman or pensioner under this Act, then and in that event the widowed mother shall draw the pension which would otherwise have gone to the widow of such policeman or pensioner, or his minor child or children, under the provisions of this Act, had he been a married man, and that such pension shall not exceed three-fourths of the sum that the pensioner was drawing at the time of his death. Retirement benefits. Deceased member's beneficiaries. Section 3. That said Act is further amended by striking Section 4 of said Act as amended by the Act approved March 16, 1939 (Acts 1939, page 356) and inserting in

Page 1070

lieu thereof the following: Section 4. That in the event a member of such police department, in good standing, shall be retired under the provisions of this Act, because of total disability from injuries received in line of duty, or because of poor health, that shall render him totally disabled as a result of such police service, but not on account of injuries or ill health brought about on account of his own indiscretion or his own act, he may apply for a disability pension under the provisions of this Act, which shall not exceed the sum of 55% of the monthly salary or pay he was receiving at the time he was found to be disabled, but not to exceed $100.00 per month, to be paid monthly, subject to the conditions of Section 5 of this Act, and in the event of his death, after being placed on such pension, his widow, if designated as beneficiary, if living, shall receive three-fourths of the amount which pensioner was drawing at the time of his death per month for her benefit and the benefit of dependent children under sixteen years of age of the deceased officer. If the widow should die or remarry the pension going to her shall go to the dependent children under sixteen years of age, and be discontinued when they reach the age of sixteen years, and if no children, to the mother of the deceased officer if she be a widow and dependent. The disability pension herein provided for shall be continued to the beneficiary after the death of such pensioner at three-fourths of the rate paid the pensioner wherever a provision has been made for the beneficiary. Where there is no beneficiary or no one has been named, the disability pension shall cease at the death of the pensioner. Pension for total disability received in line of duty. Beneficiaries of deceased, total disability. pensioner. Section 4. The said Act is further amended by striking Section 4a of the Act of 1939 and inserting in lieu thereof the following: Section 4a. Any member of said pension fund who shall hereinafter become because of accident, injuries or illness outside of police duties, and not from his own indiscretion, totally and permanently disabled within the meaning of said term as defined by law, he may apply for a disability pension and if such pension is approved by a majority of the Board of Trustees the same

Page 1071

shall be granted upon the following conditions: No person shall be granted any pension whatsoever for such disability until such person has been in the employment of the department for a period of 10 years. Such person shall be entitled to receive as a pension such percentage of the full pension provided for as his years of service bears to 25 years. That is to say, a person granted a pension at the expiration of 10 years shall be entitled to 10/25ths of the amount he would receive had he served a period of 25 years. To illustrate, if he has served 11 years, he would receive 11/25ths of the amount he would have received if he had served 25 years, or, if such person had served 20 years, he would receive 20/25ths of whatever sum he would receive had he served 25 years. In determining the number of years of service, no fractional part of the year shall be considered. That is to say, a person who has served 18 years and 9 months to be pensioned on a basis of 18/25ths of the full pension or for 18 years of service. The disability pensions herein provided for shall be continued to the beneficiary after the death of such pensioner at three-fourths of the rate paid the pensioner wherever a provision had been made for the beneficiary. Where no beneficiary has been named, or none exist, the disability pension shall cease at the death of the pensioner. Pension for total disability received not in line of duty after 10 years' service. Beneficiaries of such deceased pensioner. Section 5. That said Act of 1933, as amended by the Act of 1939, is further amended by adding a new section to be known as Section 4b. Section 4b. The Board of Trustees shall have the applicant for a pension on account of permanent and total disability examined by competent physicians and surgeons. In passing upon the question of permanent and total disability, they may receive and consider the reports and recommendations of such examining medical officers and the applicant shall have the right to submit medical and other competent evidence on the question of his disability and right to be retired. If the Board of Trustees determines that the applicant is not totally and permanently disabled, the act of the Board

Page 1072

shall be final. If the determination be that the applicant is totally and permanently disabled, he shall be retired subject, however, to the following conditions: (a) the Board of Trustees shall have the right to at least once a year require the pensioner to submit to a medical examination for the purpose of determining whether or not the pensioner has sufficiently recovered from his disability and is able to return to his former position; (b) if the Board, after such examination, determines that the pensioner is not actually totally and permanently disabled but is able to return to his former position or employment he occupied at the time of his retirement and such employment and status as to position, pay and service credit at the time of retirement is offered to such pensioner and he takes the former position or fails or refuses to take such offer, then the payment of such disability pension shall cease. Determining issue of permanent and total disability. Conditions of retirement for permanent and total disability. Section 6. All members of said Police Department who are on approved military leave from active employment service may receive service credit toward retirement by making the same contribution to the said pension fund as they would have made if they had been on active employment service where a leave of absence from active employment service has been granted to one on military leave. Said contribution shall be paid within 36 months after re-assignment to active Police duty. No credit will be allowed to any member who voluntarily re-enlists in the military service after the end of said leave for the period of re-enlistment unless he be granted an additional military leave by the proper authority. Service credit for military leave. Section 7. That said Act of 1933 as amended by the Act of 1939, is further amended by adding a new section to be known as Section 4c. Section 4c. The widow of any member in good standing, whether designated as a beneficiary or not, who is killed while in the discharge of his duty as an officer but before he has served sufficient time to retire as a matter of right, shall be entitled to receive three-fourths of the pension that he would have been entitled to if he had served sufficient time to have retired

Page 1073

as a matter of right and if such member at the time of his death leaves no widow, then the minor children or minor child, if any, will be entitled to receive such pension. This provision is made retroactive so that it shall apply to the widow of any member who was killed subsequent to September 1, 1944, as well as those who may be killed in line of duty in the future. Pensions to beneficiaries of member killed in discharge of duty. Retroactive. Section 8. Said Act is further amended by striking Sections 9 and 9a of said Act as amended by the Act approved March 16, 1939 (Acts 1939, page 356) and enacting in lieu thereof the following section to be known as Section 9: Section 9. Beginning April 1, 1945, three per centum shall be deducted from the salaries or wages of all members of said Police Department up to a maximum of $200.00 per month, or a total of $6.00 per month, but if the member desires to name either his wife or dependent mother or minor child or children as beneficiary, he may do so and in that case, there shall be deducted the sum of four per centum from his salary or wage up to a maximum of $200.00 or a total of $8.00 per month, as and when paid. If the person does not name a beneficiary on or before April 1, 1945, but later decides to name a beneficiary, he shall pay the additional 1% up to a maximum of $2.00 per month, from April 1, 1945 or the date of his entry into the Police Department whichever shall be the latest date. Provided, however, that the widow shall not be eligible to receive the pension benefits of the deceased pensioner unless she married such member at least five years before he became eligible to retire by reason of length of service. Salary or wage deductions. Eligible widow. Section 9. The provisions of Sections 2, 3 and 4 of this Act shall only apply to those members who are retired or become eligible for a pension after the date of the approval of this Act. To whom Sections 2, 3 and 4 apply. Section 10. That Section 4 of the Act approved March 20, 1935 (Acts 1935, page 445) which Act amended the Act approved August 20, 1927 (Acts 1927, page 265) be

Page 1074

and is hereby stricken and in lieu thereof the following section is enacted: Section 4. That any member participating in the provisions of this Act who leaves the employ of said City before being eligible for retirement shall have refunded to him an amount equal to the amount paid into the said fund less one-half of one per centum per year to cover each year that the member had paid into the fund and received protection under this Act. To illustrate, if at the end of the first year, the member has paid into said fund $10.00 and leaves the services of the City or withdraws from the pension fund, he shall be entitled to a refund to said $10.00 less one-half of one per centum or if at the end of twenty-four years, he has paid into said fund $240.00, he would be entitled to a refund of $240.00 less twelve per centum. Refunds. Section 11. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 8, 1945. T. W. ERICKSONREIMBURSED FOR AUTOMOBILE DAMAGE. No. 341. An Act providing and appropriating funds for the reimbursement of T. W. Erickson, a citizen of the State of Georgia for the amount expended by him for reasonable repairs to an automobile damaged in a collision at Savannah, Georgia, on September 11th, 1943, as the result of the failure of a State Highway Patrolman driving a State Patrol car in line of duty to obey a Boulevard stop ordinance adopted by the Mayor and Aldermen of the City of Savannah, and for other purposes.Whereas on the late afternoon of September 11th, 1943, Mrs. T. W. Erickson was driving a 1942 Chevrolet sedan owned by M. O. Seckinger, a citizen of Georgia, on Drayton Street, a public street in the City of

Page 1075

Savannah, in a northerly direction, in the exercise of ordinary care, andWhereas at said time and place an automobile owned by the State of Georgia and maintained by the State Highway Patrol was being driven by L. B. Yawn, a State Patrol officer, in his line of duty, in a westernly direction on 37th street which intersects with Drayton Street, andWhereas under an Ordinance of the City of Savannah vehicles entering Drayton Street are required to make a Boulevard stop, there being stop signs at said intersection denoting the existence of said Ordinance and regulation, andWhereas the said State Patrol officer failed to make said Boulevard stop thereby causing the automobile of M. O. Seckinger to collide with the Patrol Car in said intersection, andWhereas, Mrs. T. W. Erickson was without fault in connection with the said collision, the proximate cause thereof being the failure of said State Patrol car to stop at the Boulevard, andWhereas as a result of said collision the 1942 Chevrolet sedan of the said Seckinger was damaged in the amount of $220.94 (and $3.50 for towage charges) which repair bill has been paid by said T. W. Erickson, whose wife was driving said car, to Colonial Chevrolet Company, said charges being reasonable and representing the difference in the value of the said car before and after the accident and the actual damages thereto and a copy of the itemized repair bill having been furnished by him to the Department of Public Safety, andWhereas no liability insurance was carried by the State of Georgia or by the Department of Public Safety upon said Patrol car, andWhereas neither the State of Georgia nor the Department of Public Safety is authorized by law to pay claims for damages except through legislative authorization, andWhereas the Governor of Georgia, the State Auditor and the Director of Public Safety have recommended

Page 1076

to said T. W. Erickson that he endeavor to secure legislative authority for payment of his just claim against the State in the amount of $223.94, andWhereas, T. W. Erickson and/or M. O. Seckinger is without adequate 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 may determine that said funds are available, the sum of $223.94 to be paid to T. W. Erickson, a citizen of the State of Georgia as reimbursement for the amount expended by him in repairs to said automobile as a result of a collision with a State Patrol Car on September 11th, 1943, at Savannah. Appropriation to reimburse T. W. Erickson for automobile damage. Section 2. Be it further enacted that all laws or parts of laws in conflict with the provisions of this section be and the same are hereby repealed. Approved March 8, 1945. FULTON SUPERIOR COURT JUDGES' SALARIES SUPPLEMENTED. No. 351. An Act to supplement the salaries of the Judges of the Superior Court of Fulton County as paid by the State, as provided in Section 2-4002 of Title 2 of Code of 1933, from the treasury of Fulton County, to fix the sums to be so paid, to require the treasurer of said county to pay said sums as a part of the court expenses of said county; and for other purposes.

Page 1077

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Board of County Commissioners of Fulton County, or such other board or persons as may from time to time exercise the administrative power of Fulton County, shall pay to each of the judges of the Superior Court of Fulton County, in addition to the salaries paid by the State, the sum of four thousand ($4,000.00) dollars per annum; payable in equal monthly installments; and the amounts so paid are declared to be part of the court expenses of said county. Fulton County Superior Court Judges' salaries supplemented. Section 2. It is further enacted by the authority aforesaid, that this law shall go into effect when it shall be agreed to by two-thirds of the members elected to each branch of the General Assembly and approved by the Governor. Effective date. Section 3. This Act is intended to carry into effect the provisions of Section 2-4002 of Title 2 of Code of 1933. Intention of Act. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 8, 1945. COSTS IN DIVORCE CASES IN CERTAIN COUNTIES. No. 352. An Act to regulate the payment in advance of costs in divorce cases filed in the Superior Court in all counties in the State of Georgia having a population of not less than 33,000 and not more than 33,100 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 33,000 and not more than 33,100 according

Page 1078

to the sixteenth census of the United States taken in 1940 or in any future census, there shall be paid into said court, as advance costs in said suits, the sum of $12.00 for each suit so filed. Costs deposit in divorce suits in certain counties. Section 2. In default of such payment the clerk of said Superior Court shall not be required to mark said suit filed, nor to issue process thereon. Consequences of default. Section 3. It shall be the duty of the clerk in all such cases to enter all of the pleadings upon the Writ Record of said court, and the verdicts and the decree of court upon the minutes of the court. Clerk's duties. Section 4. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 8, 1945. BERRIEN TAX COMMISSIONER'S COMPENSATION. No. 353. An Act to amend an Act of the General Assembly of Georgia creating a county tax commissioner for Berrien County, Georgia, fixing his compensation, etc., approved July 23, 1931, clarifying the compensation of said tax commissioner for Berrien County, Georgia, and for other purposes. Paragraph 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Act creating said County Tax Commissioner of Berrien County, which was approved on July 23, 1931, shall stand amended in the following particulars. Berrien tax commissioner Act of 1931 amended. Paragraph 2. Amend the caption of said Act by inserting between the word and and the word paid in line 16 of the caption of said Act, the following: except fees for issuing tax fi. fas.' so that said part of said caption when so amended shall read as follows: To provide that all fees and commissions and other compensation

Page 1079

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, except fees for issuing tax fi. fas., paid into the treasury of Berrien County, Georgia. Caption of Act of 1931 amended. Paragraph 3. Amend Section 9 of said Act by adding at the end thereof the following: except fees for issuing tax fi. fas., which fees he shall retain, so that when so amended said paragraph shall read as follows: That all fees, commissions, and all other compensation allowed to the tax receiver and tax collector of Berrien County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafterwards were it not for the provisions of this Act, shall be collected by said County Tax Commissioner, and paid into the treasury of Berrien County, Georgia, except fees for issuing tax fi. fas. which fees he shall retain. Berrien tax commissioner's fees. Paragraph 4. Amend Section 10 of said Act by inserting between the word Act and the semi-colon, in the ninth line of said paragraph the following: plus fees for issuing tax fi. fas., so that said particular part of said paragraph when so amended shall read as follows: That the compensation of the County Tax Commissioner of Berrien County, Georgia, shall be a sum equal to sixty (60) per cent, of the fees, commissions, and all other compensations accruing to the tax receiver and tax collector of Berrien County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafterwards were it not for the provisions of this Act, plus fees for issuing tax fi. fas. Compensation. Paragraph 5. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1945.

Page 1080

FIREMEN'S PENSION LAW IN CERTAIN CITIES AMENDED. No. 356. An Act to amend the Act approved August 13, 1924 (Acts 1924, Page 167) entitled An Act to provide that cities having a population of more than 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, etc., as amended by the Act approved August 24, 1931 (Acts 1931, page 223), and further amended by the Act approved March 28, 1935 (Acts 1935, page 450), so as to increase the amounts of pensions to be paid where one retires after 25 years in active service and to the widows of such pensioners; to increase the amount to be paid on account of total disability; to fix the age and length of service for retirement as a matter of right; to fix the method of computation of the amount of pension to be paid; to provide for the refund in case of withdrawal from pension fund; to provide for the right to retire on account of total disability; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section 1. That the Act approved August 13, 1924, (Acts 1924, page 167) entitled An Act to provide that cities having a population of more than 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, etc., as amended by the Act approved August 24, 1931, (Acts 1931, page 223) and further amended by the Act approved March 28, 1935 (Acts 1935, page 450) be and is hereby further amended as follows: Section 4. When such member shall retire as a matter of right, he shall be paid thereafter for the rest of his life 55% of the monthly salary or pay that he

Page 1081

was receiving at the time of such retirement, but the maximum amount to be paid to any fireman as a pension shall be the sum of $100.00 per month, provided he shall have served the 25 years in active service at the time of his retirement, or shall have become totally disabled in the line of duty at any time as aforesaid. In case of death of such pensioner, his widow, if any, shall receive during her life or until remarried, a sum equal to three-fourths of the amount the pensioner was drawing at the time of his death; provided however that no such widow shall receive any such sum hereunder unless she was the lawful wife of said pensioner prior to his retirement from active service. If such pensioner at death leaves no widow or if pensioner's widow was not the lawful wife of pensioner prior to his retirement from active service, but leaves orphan children under the age of 16 years, such orphan child or children, except adopted children, adopted subsequent to said pensioner's retirement from active service, shall receive until reaching the age of 16, a sum equal to three-fourths of the amount the pensioner was drawing at the time of his death. Upon the death of any member under this Act, from any cause, who has no dependents entitled to his pension, the money he has paid into the pension fund shall be paid to his estate at his death. Retirement benefits. Benefits to pensioner's widow. Benefits to deceased pensioner's children under 16 years old. Benefits to deceased pensioner's estate. Section 2. Be it further enacted that Section 5 of the Act approved August 15, 1924 as amended by the Acts approved August 24, 1931 and March 28, 1935 be and is hereby stricken as amended and a new Section 5 inserted in lieu thereof, which shall read as follows: Section 5. When such member shall be retired for total disability from injuries received in line of duty, he shall be paid 55% of his monthly salary that he was receiving at the time he was injured, but the maximum amount to be paid to any fireman as a pension shall be the sum of $100.00 per month for the rest of his life, subject, however, to the right of the Board to re-examine such pensioner on the question of total

Page 1082

disability or discontinuance of pension as is hereinafter provided by Section 8 of this Act. Total disability from injuries in line of duty. Section 3. That the aforesaid Act approved August 13, 1924 as amended by the Act approved August 24, 1931, creating a section known as Section 5a, as further amended by the Act approved March 28, 1935, be amended by striking Section 5a, as amended, and inserting in lieu thereof a new Section 5a to read as follows: Section 5a. Should any member become totally disabled not in line of duty but not on account of injuries or ill health brought about on account of his own indiscretion so as to make such member unfit for fire duty or service, he shall receive a pension graduated as follows: After 5 years and less than 10 years of service, he shall be entitled to receive as a pension [Illegible Text] of the pension that he would have received if he had served 25 years; after 10 years of service, he would be entitled to receive as a pension 10/25ths of the full pension that he would have received if he had served 25 years and each year thereafter there shall be a graduated increase based upon the number of years that he serves as bears to his years of service based upon the 25 years. To illustrate, if he becomes totally disabled after 11 years of service, he would be entitled to receive 11/25ths of the full pension that he would be entitled to after 25 years of service and progressively thereafter, so that if he should become disabled after 24 years of service, he would be entitled to receive 24/25ths of the pension he would be entitled to after serving 25 years, but in no event shall he receive more than 25/25ths of the amount of pension he would have received after serving 25 years. Total disability not in line of duty. Upon the death of any member or pensioner not in line of duty, his widow, if any, shall be paid during the rest of her life or until she remarries three-fourths of the pension that the member or pensioner would have been entitled to if he himself had applied for a pension at the time of his death and graduated according to the length of service of the deceased husband

Page 1083

before his retirement on account of disability or before his death and the said graduated scale shall be on the same ratio and computed in the same manner as set out above in this section as to a member becoming totally disabled after 5 years of service and applying for a disability pension except that the widow shall be entitled to only three-fourths of the amount of pension that her husband would have been entitled to. To illustrate, after 5 years of service and less than 10 years of service, she would be entitled to three-fourths of 5/25ths of the full pension that her husband would have been entitled to if he had served 25 years and the illustrations as applied to the first part of this Act, as to service after 10 years, is applicable here except that the widow would only be entitled to recover three-fourths of the amount that her deceased husband would have been entitled to. Provided, however, that no such widow shall receive any sum hereunder, unless she was the lawful wife of said pensioner prior to the time he became disabled. If said pensioner or member die without leaving a widow, or if pensioner's widow was not the lawful wife of pensioner prior to his disability, the pensioner's minor child or children except children adopted subsequent to said pensioner's retirement from active service shall be paid the same gross sums according to the same graduated scale as set out above for the widow until such child or children reach the age of 16 years. In determining the number of years of service, no fractional part of the year shall be considered. That is to say, a person who has served 18 years and 9 months would be pensioned on a basis of 18/25ths of the full pension or for 18 years of service. Widow's benefits upon member's death not in line of duty. Minor children's benefits upon member's death not in line of duty. Section 4. That the aforesaid Act of 1924, as amended by the Acts of 1931 and 1935, be further amended by adding a new section, which shall read as follows: Effective April 1, 1945, any person employed on or after that date must attain the age of 55 years and have served 25 years before being eligible to retire on a pension, provided, however, the provisions of this

Page 1084

section shall not apply to any person on the payroll as of March 31, 1945 nor any person claiming a pension by reason of permanent disability. Eligibility of retirement pension. Section 5. The aforesaid Act of 1924, as amended by the Acts of 1931 and 1935, be further amended by adding the following new section, to-wit: That any member participating in the provisions of this Act who leaves the employ of said City before being eligible for retirement shall have refunded to him an amount equal to the amount paid into the said fund less one-half of one per centum per year to cover each year that the member had paid into the fund and received protection under this Act. To illustrate, if at the end of the first year, the member has paid into said fund $10.00 and leaves the services of the City or withdraws from the pension fund, he shall be entitled to a refund of said $10.00 less one-half of one per centum or if at the end of twenty-four years, he has paid into said fund $240.00, he would be entitled to a refund of $240.00 less twelve per centum. Refunds. Section 6. The said Act approved August 13, 1924, as amended by Section 5 of the Act approved March 28, 1935, is hereby amended by striking Section 9 of said Act as amended and inserting in lieu thereof a new section, which shall read as follows: Section 9. Beginning April 1, 1945, three per centum shall be deducted from the salaries and wages of all members of said Fire Department up to a maximum of $200.00 per month or a total deduction of $6.00 per month. Where a member has either a wife or a minor child or children, which children are under the age of 16 years, it shall be mandatory that he designate such wife or child or children as his beneficiaries and in such case, there shall be deducted from the member having the beneficiary, the sum of four per centum from his monthly salary or wage up to a maximum of $200.00 or a total of $8.00 per month deduction, as and when paid. If, at the time of the effective date of this Act, a member does not have anyone

Page 1085

who is eligible to be named as beneficiary, but later does have a person who is eligible to be a beneficiary, he shall designate such beneficiary and shall pay into said pension fund an additional 1% upon his salary up to a maximum of $200.00 or not more than $2.00 per month from April 1, 1945. Provided, however, where the member retires by reason of length of service, the widow shall not be eligible to receive the pension benefits of deceased pensioner unless she married such pensioner at least 5 years before he became eligible to retire. Salary and wage deductions. Beneficiaries. Section 7. The aforesaid Act of 1924, as amended by the Acts of 1931 and 1935, be and it is hereby amended by striking Section 3 of the Act of 1924 and substituting in lieu thereof the following Section 3: Section 3. Any member of such department in active service whose name is on the payroll or 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. The Board of Trustees shall have the applicant for a pension on account of permanent and total disability examined by competent physicians and surgeons. In passing upon the question of permanent and total disability, they may receive and consider the reports and recommendations of such examining medical officers and the applicant shall have the right to submit medical and other competent evidence on the question of his disability and right to be retired. If the Board of Trustees determines that the applicant is not totally and permanently disabled, the act of the Board shall be final. If the determination be that the applicant is totally and permanently disabled, he shall be retired subject, however, to the following conditions: (a) the Board of Trustees shall have the right to at least once a year require the pensioner to submit to a medical examination for the purpose of determining whether or not the pensioner has sufficiently recovered from his disability and is able to return to his former position; (b) if the Board, after such examination,

Page 1086

determines that the pensioner is not actually totally and permanently disabled but is able to return to his former position or employment, he occupied at the time of retirement and such employment and status as to position, pay and service credit at the time of retirement is offered to such pensioner and he takes the former position or fails or refuses to take such offer, then the payment of such disability pension shall cease. Retirements on account of total and permanent disability. Section 8. The effective date of this Act shall be April 1, 1945. Effective date. Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1945. QUITMAN COUNTY COURT ABOLISHED. No. 357. An Act to abolish the County Court of Quitman County (Ga. Laws 1893, page 385, and all Acts amendatory thereof); to provide for a transfer of all matters pending in the County 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 on and after the passage and approval of this Act, the Acts of the General Assembly relating to the County Court of Quitman County (Ga. Laws 1893, page 385, and all laws amendatory thereof) be, and the same are hereby repealed, and said court is abolished. County Court of Quitman County abolished. Section 2. All matters pending in the County Court of Quitman County shall be transferred to the Superior Court of said County and be disposed of as other matters originating in the Superior Court of Quitman County. Pending matters transferred to Superior Court. Section 3. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Note: The enrolled Act contains no approval or disapproval by the Governor.

Page 1087

SECOND PRIMARY ELECTIONS IN CERTAIN COUNTIES. No. 360. An Act to provide for a second primary in certain counties; to require that the nominee of any political party must receive a majority of the votes cast in the primary; 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 in all counties of the State having a population of not less than 18,525 and not more than 18,540 inhabitants by the 1940 census; that the nominees for all county offices, including that of the General Assembly, must receive a majority of the votes cast in the primary; that in those instances where any candidate in the primary fails to receve a majority of the votes cast, the executive committee of the county, upon the declaration of the result of the first primary, shall immediately call a second primary for those offices in which no candidate receives a majority, and in said second primary only the two candidates for that particular office receiving the highest number of votes in the first primary shall be entered as candidates therefor. Said second primary shall be held under the same rules as the first primary and the executive committee shall declare as the nominee the candidate receiving the majority of the votes cast. Second primaries in certain counties. 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, 1945. SHERIFF'S ADDITIONAL COMPENSATION IN CERTAIN COUNTIES. No. 363. An Act to authorize the Commissioners of Roads and

Page 1088

Revenues and/or other proper officers of all counties in the State of Georgia, having a population of not more than eight thousand eight hundred (8,800) nor less than eight thousand seven hundred and fifty (8,750) 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 a sum not exceeding 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 authority of same: Section 1. That from and after the passage and approval of this Act, the Commissioners of Roads and Revenues and/or other proper officers in all counties of the State of Georgia, having a population of not more than eight thousand eight hundred (8,800) nor less than eight thousand seven hundred and fifty (8,750), according to the Federal Census of 1940, and all other future Federal Census, are hereby authorized to pay to the Sheriffs of said counties a sum not exceeding One Hundred ($100.00) Dollars a month, in addition to the fees and compensation now paid to said Sheriffs. Population. Sheriff's 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 9, 1945. RICHMOND OCCUPATION TAXES AND LICENSE FEES. No. 368. An Act to authorize the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, to fix, levy and assess occupation taxes and license fees in

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said county and to give them authority to enforce the payment 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 in addition to the ad valorem tax on real estate and personal property or other taxes and licenses allowed or required by the Constitution or laws of the State, the Board of County Commissioners of Roads and Revenues of Richmond County shall have authority to fix, levy and assess such occupation tax and license fee on the inhabitants of said county and/or on those who transact or offer to transact business therein, as such county authorities may deem expedient for the safety, benefit, convenience and advantage of said county, and may enforce payment of such occupation taxes and license fees in such manner as said county authorities may prescribe; but such taxes shall be levied only without the limits of any incorporated city which has a population of more than 65,000 inhabitants in said county. Commissioners to levy occupation taxes and licenses. Payment enforced. Outside incorporated city having population of more than 65,000. 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, 1945. SHERIFFS' ADDITIONAL COMPENSATION IN CERTAIN COUNTIES. No. 373. 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 4,482, not less than 4,476, 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 $30.00 a month in addition to the fees and compensations now paid to said sheriffs; to

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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 4,482, not less than 4,476, 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 $30.00 a month in addition to the fees and compensations now paid to said sheriffs. Additional compensation of sheriffs in certain counties. 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 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 9, 1945. SHERIFFS' ADDITIONAL COMPENSATION IN CERTAIN COUNTIES. No. 380. 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 29,100, nor less than 29,080, 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

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defense activities, to pay the sheriffs of said counties the sum of $100.00 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 authority of the same: 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 29,100, nor less than 29,080, 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 $100.00 a month in addition to the fees and compensations now paid to said sheriffs. Population. Sheriff's 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 and expiration. Section 3. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 9, 1945. COUNTY SCHOOL SUPERINTENDENTS IN CERTAIN COUNTIES. ELIGIBILITY OF VOTERS. No. 386. An Act to amend an Act entitled County School Superintendent's Eligibility; Residence; Election; Voters, approved August 28, 1931 (Ga. Laws 1931, pp. 130-132) by striking and repealing in its entirety Section 2 of said Act which relates to the eligibility of residents

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of municipal corporation to vote for county superintendents of schools; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That an Act entitled County School Superintendent's Eligibility; Residence; Election; Voters approved August 28, 1931 (Ga. Laws 1931, pp. 130-132) be, and the same is hereby amended by striking and repealing Section 2 of said Act which provides as follows: Act 1931 pp. 130-132 amended. Sec. 2. Be it further enacted by the authority aforesaid, that in all counties in this State having a population of not more than 23,000 and a population of not less than 21,118, all residents of municipal corporation therein who are duly registered and qualified voters of the county and entitled to vote for members of the General Assembly may vote for the office of county superintendent of schools, although such voters may reside in a municipality which maintains a municipal school system independent of the county school system. Population. Residents of municipality and county eligible to vote. Section 2. That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 9, 1945. CITY COURT OF BRUNSWICK. No. 396. An Act to amend 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

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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, and 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, approved March 9, 1943, so as to provide for the appointment by the Judge of said court of an Associate Judge to serve in the event of the illness, incapacity or absence from the State of the Judge of said court, to authorize the Judge of said court to offer for reelection to office in the event he is not retained in office in the special election, to provide for the appointment of a Sheriff of said court in certain cases, to authorize the Clerk of said court and his deputies to administer oaths in connection with the issuance of attachments, garnishments, dispossessory and distress warrants and all other types of warrants and writs for which the Judge can now administer the oath, to increase the salary of the Sheriff and his deputies, to provide for trials in certain cases at the term following the term to which the case is made returnable, and for 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. The Act creating the City Court of Brunswick, approved March 9, 1943, is hereby amended by adding at the end of the second paragraph of section 4

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(said paragraph being unnumbered and unlettered) and as a part thereof the following language, to-wit: Any judge who may be retired from office by the voters in the first election provided for herein may offer for reelection in the second election provided for herein, and in the event he receives the requisite votes in the last mentioned election and is elected as Judge of said court, he shall remain in office for another term of four years. Defeated incumbent judge eligible for second election. Section 2. Said Act is further amended by adding at the end of Section 4 and as a part thereof a new paragraph to read as follows, to-wit: In the event there is no Judge Emeritus of said court and in the event of the illness, incapacity or absence from the State of the Judge of said court, he shall have the right and he is hereby authorized and empowered to appoint an Associate Judge, who must have the qualifications set out in Section 5 hereof and who shall serve as such Judge only for the period of time the Judge of said court is ill or incapacitated, or is absent from the State. Any Judge so appointed shall take the oath provided for in Section 5 hereof, shall exercise and perform all of the powers and duties of the Judge of said court and shall be paid a salary not in excess of $10.00 per day for each and every day of actual service, such salary to be paid solely by, from and out of the salary of the Judge of said court. Associate Judge. Section 3. Said Act is further amended by adding at the end of Section 9 and as a part thereof the following language; to-wit: In the event the Sheriff of the County of Glynn should refuse to serve as Sheriff of the City Court of Brunswick, he shall certify such refusal to the Judge of said Court, and in such event the Judge of said court shall pass an order declaring the office of the Sheriff of the City Court of Brunswick vacant and shall have such order entered upon the minutes of said court. In the event the Sheriff of the County of Glynn should refuse to serve as Sheriff of the City Court of Brunswick and

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should refuse to certify such refusal to the judge of said court, said Judge shall pass an order declaring the office of Sheriff of the City Court of Brunswick vacant and shall have such order entered upon the minutes of said court. In either of such events the Judge of said court shall certify to the Governor of Georgia, that the office of Sheriff of the City Court of Brunswick is vacant and thereupon the Governor of Georgia shall appoint some person, a resident of Glynn County, Georgia, to serve as Sheriff of the City Court of Brunswick is vacant, and upon the discharge of the duties of his office the person so appointed shall execute a bond with good security in the amount of $5,000.00 for the faithful discharge of the duties of his office. The term and tenure of office of the person so appointed shall be the same as the term and tenure of office of the Sheriff of Glynn County who refused to serve as Sheriff of the City Court of Brunswick, regardless of whether the term and tenure of office of the Sheriff of the County of Glynn should be shortened or limited for any cause. When Glynn County sheriff refuses to serve as city court sheriff. Sheriff of city court. Section 4. Said Act is further amended by adding at the end of Section 10 and as a part thereof the following language: In addition to the duties enumerated, the Clerk of the City Court of Brunswick and his deputies shall be authorized and empowered to administer all oaths in connection with the issuance of attachments, garnishments, dispossessory and distress warrants and other mense process, and all other types of warrants and writs, both civil and criminal, which the Judge of said court can administer, and to issue in the name of the Judge of said court all such warrants and writs. Clerk's authority to administer oaths and issue writs. Section 5. Said Act is further amended by striking Section 11 in its entirety, and inserting in lieu thereof a new section to be known as Section 11 and to read as follows, to-wit: Effective as of January 1, 1945, the Clerk of said court shall be paid a salary in the amount of $3,600.00 per annum, and each deputy clerk shall be paid a

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salary in the amount of $1,800.00 per annum. The Sheriff of said court shall be paid a salary in the amount of $2,400.00 per annum, and each deputy sheriff shall be paid a salary in the amount of $2,400.00 per annum. In addition to the salaries paid to said Sheriff and his lawful deputies, they shall be paid all necessary and reasonable expenses which they may incur in carrying out and performing the duties of their offices. 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 and nature rendered by said Clerk and said Sheriff, and said deputies, and in lieu of such fees as are allowed Sheriffs and Clerks and their deputies. All such fees and costs shall be paid over to the Treasury of the County of Glynn. Salaries. Section 6. Said Act is further amended by adding at the end of Section 16 and as a part thereof the following: All cases involving from $50.00 to $200.00 in which a jury trial is demanded, shall not be tried at the term to which the case is made returnable, but shall be tried at the following term. Trial term in certain cases. Section 7. Said Act is further amended by striking Section 30 in its entirety and substituting in lieu thereof a new section to be known as Section 30 and to read as follows: From said panel of traverse jurors, not in excess of thirty-six (36), drawn and summoned by the provision of this Act, the Judge of said court at each term 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, whether civil or criminal, at that term of said court shall be tried by one of these, or by a jury striken from both, as hereinafter provided. In case from any cause said panel should be reduced below twenty-four (24) the Judge of said court shall have power to fill it by causing tales-men to be summoned instanter. In criminal cases tried at a regular term of said court, the defendant shall be entitled to

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seven peremptory challenges and the State five. In all civil cases the plantiff and defendant each shall 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. Peremptory challenges. Section 8. Said Act is further amended by striking Section 42 in its entirety and inserting in lieu thereof a new section to be known as Section 42 and to read as follows, to-wit: In all cases 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 Glynn County, Georgia. In all cases filed or brought in said court involving more than the principal sum of $50.00 and less than the principal sum of $200.01 either party shall have the right to a jury trial on demand as hereinbefore set out, but there shall be no right to appeal to a jury in the Superior Court of Glynn County, Georgia. 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. Cases involving $50 or less. Cases involving $50 to $200. Certiorari. Section 9. Said Act is further amended by striking Section 47 in its entirety and inserting in lieu thereof a new section to be known as Section 47 and to read as follows, to-wit: Whenever the Judge of said court is from any cause absent (and, in the event there is no Judge Emeritus of said court, he has not appointed an Associate Judge) 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 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,

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selected in the same manner as now provided for in the Superior Courts. Judge pro hac vice. Section 10. Said Act is further amended by adding between Sections 47 and 48 a new section to be numbered 47-A and to read as follows, to-wit: Whenever a person is arrested for violating any law of the State of Georgia, conviction for the violation of which is punishable by said court, the Judge of said court, the Sheriff of said court (but not his deputy) or the Clerk of said court (but not his deputy) shall have the right to take from the person so arrested a cash bond and upon the failure of the person so arrested to appear in said court when notified so to do without lawful excuse for such failure, the judge of said court shall have the amount of cash so deposited as a bond forfeited in the manner now provided by law and the same shall be converted at once and paid over to the Treasury of the County of Glynn. Cash bond by person arrested. Forfeiture of bond. Section 11. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 9, 1945. COSTS IN MISDEMEANOR CASES IN CERTAIN COUNTIES. No. 398. An Act to amend an Act entitled Costs in Misdemeanor Cases approved March 15, 1943 providing for the payment of costs in misdemeanor cases to the officers of the court by the County Commissioner, in certain counties in Georgia. Section 1. By striking from line 5 of Section 1 said Act and of any future census, and by striking from lines 10, 11 and 12 of Section 1 the words upon receipt of misdemeanor convicts which have been convicted in the Superior or City Courts of said county and by inserting

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in line 15 of Section 1 after the word delivered and before the word their, to County Public Works Camp or the State Public Works Camp so that said section when thus amended will read as follows: 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, in all counties of the State of Georgia having according to the Census of 1940 a population of not less than 20,120 nor more than 20,130 and in which said counties operate and maintain a public works camp or chain gang, or work upon the public roads of same, the County Commissioners, or other County Officers having charge of the fiscal affairs of said county, shall pay to the officers of the Superior or City Courts, out of the County Treasury, as compensation for services rendered in trial and conviction of convicts so delivered to County Public Works Camp or the State Public Works Camp their legal fees and costs as fixed by law, in said cases only. The costs and fees of the Justice of the Peace and Constables in said cases shall also be paid by said authorities. Costs in misdemeanor cases in certain counties. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945. COSTS IN DIVORCE CASES IN CERTAIN COUNTIES. No. 399. 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 12,725 and/or more than 12,775 persons, 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

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population according to the United States Census of 1940 or any future census of not less than 12,725 and/or more than 12,775 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 to the Clerk of the Superior Court before the Clerk shall be authorized to file said petition. The cost herein provided for shall be divided between the Sheriff and Clerk as follows: $6.00 to be paid to the Clerk and $4.00 to be paid to the Sheriff. Fees in divorce cases in certain counties. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945. MUSCOGEE EMPLOYEES' PENSIONS. No. 400. An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and elective salaried officers, out of which shall be paid permanent retirement pensions, death and disability benefits and to provide how said pensions and benefits shall be paid; to provide that two per cent of the salary of all employees, shall be deducted from their pay check and be deposited to the credit of said pension fund and the manner of same and under what conditions same shall be returned to such employees; to provide basis of eligibility of employees for pensions; to provide for the designation by employees, in the event of death, of certain beneficiaries; to provide that one per cent additional of the salary of such employee shall be deducted from his salary for said beneficiary benefits; to provide that the county contribute to said pension fund to the extent of an amount equal to the amount paid by employees out of any public funds other than Ad Valorem Tax; to provide that the

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Board of County Commissioners shall constitute a Board of Trustees, consisting of the Chairman of the County Commissioners, the Judge of the Superior Court and the Superintendent of Roads and Bridges; to provide that said Board of Trustees shall make all necessary rules for carrying out the terms of this Act; to construe this Act as a contract between the county and qualified employees; to provide that the Clerk of the County Commissioners shall serve as Treasurer of said Board of Trustees to manage said pension funds as directed by the Board of Trustees; to provide for regular monthly meetings of the Board of Trustees and Treasurer; to provide that all checks shall be signed by at least two Trustees and the Treasurer; 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 conflicting laws or other laws, and for other purposes. Section 1. Funds. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act there shall be created a permanent Pension Fund for employees of the County, including the City-County Health Department and elective officers and said funds shall be accumulated and kept only for the purposes hereinafter set out and no warrant shall be valid or drawn on said fund unless signed by at least two Trustees and the Treasurer for the payment of pensions or other benefits to said employees and in the manner and accordance with the terms hereinafter set out. Muscogee County employees' pension fund. Warrants on pension fund. Section 2. Deductions. Be it further enacted by the authority aforesaid and it is hereby enacted by said authority that deductions be made monthly from said employees, salary and this provision shall be mandatory and shall govern every employee who qualifies; employees desirous of participating in said pension plan shall register within sixty days from the passage of this Act or date of employment and pay one per cent of back

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pay up to $200.00 per month maximum, based on the following scales: Salary deductions. Registration of employees. (1) Earnings $200 or more per month for previous ten years @ 1%$240. (2) Earnings under $200 actual for previous five years at one per cent. Scales. (3) Payment to be spread over a period not to exceed twelve months. (4) Belated cases shall pay 2% of total back pay on items one and two. (5) Thereafter 2% monthly of actual pay. (6) 1% additional for beneficiary benefits, which are limited to his wife during widowhood or own children up to age 16 years. Section 3. County Funds. Be it further enacted by the authority aforesaid and it is hereby enacted by said authority that the County shall contribute monthly to said fund, out of any funds other than ad valorem taxes, an amount equal to the total amount paid by employees. County's contributions. Section 4. Disability. Be it further enacted by the authority aforesaid and it is hereby enacted by said authority that any employee, who is permanently disabled in line of duty from performing the essential duties of his or her position shall receive a pension of fifty per cent of benefits hereinafter provided, upon definite and conclusive evidence, and approval of the Board of Trustees, for life. Benefits for permanent disability in line of duty. Section 5. Be it further enacted by the authority aforesaid and it is hereby enacted by said authority that whenever any employee shall have served the County for twenty-five years in the aggregate and attained the age of sixty years or otherwise qualified as hereinafter provided, shall be permitted to retire unrestricted from active service on his or her own motion, upon submission of evidence of eligibility, as follows: Eligibility; benefits. (1) Employees earning $200 or more per month at retirement

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shall be paid $100 per month maximum for life after attaining both objectives, twenty-five years of accumulated service and sixty years of age, or on either of the two partial benefit scales, as provided in Item (3). (2) Employees earning under $200 per month at retirement shall be paid fifty (50) per cent of actual salary for life after attaining both objectives, twenty-five years of accumulated service and sixty years of age or fifty (50%) per cent on either of the two partial benefits scales, as provided in Item (3). (3) After attaining age 60 After 15 years service $30 per mo. 16-20 years service $60 per mo. 21-25 years service $85 per mo. After 25 years service $100 per mo. After attaining 25 years service After 50 years of age $30 per mo. 51-55 years of age $60 per mo. 56-60 years of age $85 per mo. After 60 years of age $100 per mo. Section 6. Deaths. Be it further enacted by the authority aforesaid and it is hereby enacted by said authority that in case of death of any male employee from any cause, after retirement or qualifying, as herein provided and who has availed himself of the beneficiary feature, fifty per cent of all applicable benefits, shall be paid to beneficiary; namely, wife during widowhood or own children up to age 16 years. Beneficiaries of deceased, male pensioner. Section 7. Payments. Be it further enacted by the authority aforesaid and it is hereby enacted by said authority that all payments shall be made monthly out of the pension fund to and on account of retired employees. Payments. Section 8. Contract. Be it further enacted by the authority aforesaid and it is hereby enacted by said authority that this Act shall be construed by all as a

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contract between the Company [sic] and any and every present or future employee qualifying under this Act. Act is contract with employee. Section 9. Constitutionality. Be it further enacted by the authority aforesaid and it is hereby enacted by said authority that should any part of this Act be declared unconstitutional, that the remainder of the Act not declared unconstitutional shall be valid and binding. Saving clause. Section 10. Benefits. Be it further enacted by the authority aforesaid and it is hereby enacted by said authority that while said deduction from employees' pay shall begin immediately upon the passage of this Act and after qualifying, none of the benefits herein provided for shall be available until the expiration of at least six months thereafter. When benefits available. Section 11. Trustees. Be it further enacted by the authority aforesaid and it is hereby enacted by said authority that immediately upon the passage of this Act, the County Commissioners shall officially declare a Board of (3) Trustees, consisting of the Chairman of the County Commissioners, the Judge of the Superior Court and the Superintendent of Roads and Bridges, whose duty it shall be to meet once a month and administer all the affairs of said pension plan not otherwise definitely provided for in this Act. Trustees Section 12. Treasurer. Be it further enacted by the authority aforesaid and it is hereby enacted by said authority that immediately upon the passage of this Act the County Commissioners shall officially declare the office of Treasurer, who shall be one and the same person as that of the Clerk of the County Commissioners, who shall be paid $1.00 per annum from said funds accumulated by virture of this Act and for said compensation it shall be the duty of said Treasurer to keep complete records as to each employee and render regular financial statements monthly to the Board of Trustees and attend all said Board meetings; the County Commissioners shall also take such other action not otherwise

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herein provided as may be necessary for the complete and successful operation of this Act as if it had been herein clearly implied or expressed. Treasurer. Section 13. Severance. Refunds. Be it further enacted by the authority aforesaid and it is hereby enacted by said authority that in the event of resignation, dismissal or death of employees before becoming eligible for benefits or withdrawal after becoming eligible for benefits by virtue of this Act, the amount paid under this pension plan shall be refunded less 2% per year or any part thereof; for example, Refunds. 1 year paid $ 10 less 2% $.20 refund $ 9.80 10 year paid 100 less 20% 20.00 refund 80.00 20 year paid 200 less 40% 80.00 refund 120.00 Section 14. Conflict. Be it further enacted by the authority aforesaid and it is hereby enacted by said authority that all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 9, 1945. CORONERS INQUEST JURORS' FEES IN CERTAIN COUNTIES. 21-209. No. 401. An Act to amend Section 21-209 of the Code of Georgia of 1933, so as to provide for an increase in the fees of jurors in certain counties having a population of not less than 75,484 and not more than 75,504, 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 same: Section 1. That Section 21-209 of the Code of Georgia

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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 75,484 and not more than 75,504 according to the United States Census of 1940, or any future census, the fee of juror serving upon a coroners inquest jury, shall be $2.00 in lieu of the fee now allowed by law for said services. Coroner's inquest jurors' fees in certain counties. Section 2. This Act shall become effective and of force upon approval of the Governor. Effective date. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945. SHERIFFS' ADDITIONAL COMPENSATION IN CERTAIN COUNTIES. No. 402. An Act to authorize the Commissioners of Roads and Revenues and/or other proper officers of all counties in the State of Georgia, having a population of not more than twelve thousand seven hundred and seventy (12,770) nor less than twelve thousand seven hundred and sixty (12,760) according to the Federal Census of 1940, because of the extra duties imposed on the Sheriffs of such counties, to pay to the Sheriffs of such counties a sum not exceeding 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 authority of same: Section 1. That from and after the passage and approval of this Act, the Commissioners of Roads and Revenues and/or other proper officers in all counties of the State of Georgia, having a population of not more than twelve thousand seven hundred and seventy (12,770) and not less than twelve thousand seven hundred and sixty (12,760), according to the Federal Census of

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1940, to pay to the Sheriffs of said counties a sum not exceeding One Hundred ($100.00) Dollars a month, in addition to the fees and compensation now paid to said Sheriffs. Sheriffs' additional compensation in certain counties. 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 9, 1945. REPORTERS OF CITY COURTS IN CERTAIN COUNTIES. No. 407. An Act to provide for the appointment of stenographic reporters of city courts in counties having a city therein of not less than 65,000, nor more than 95,000, inhabitants, according to the United States Census of 1940, or any future census, to define their duties, fix their compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the judges of the city courts in all counties in the State having therein a city with a population of not less than 65,000 nor more than 95,000, according to the United States Census of 1940, or any future census, shall have power to appoint, and at pleasure remove, an official stenographic reporter of said court. Such reporter before entering upon the duties of his office, shall be duly sworn in open court faithfully to perform all the duties required of him under this Act, and it shall be his duty to attend all sessions of the court for which he is appointed, and when directed by the judge, as hereinafter set forth, to exactly and truly record or take stenographic notes of the testimony and proceedings in cases tried, except the argument of counsel. He shall, during the recess of the court, act as Secretary to the judge of said court, and perform such duties as said judge may require. City Court stenographic reporters in certain counties. Section 2. Be it further enacted, that the compensation

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of the reporter or stenographer for recording or taking stenographic notes and recording the evidence in civil cases as may be agreed by counsel for plaintiff and defendant to be recorded, or in case of disagreement, as aforesaid in such cases, as the presiding judge may direct to be recorded, shall be at the rate not to exceed twelve cents per hundred, to be fixed by said judge, which fee shall be paid by the parties to the agreement, upon such terms as they may prescribe for themselves, and if no agreement is entered into as to the payment thereof, then in such manner as may be prescribed by the presiding judge. Compensation. Section 3. Be it further enacted, that said reporter or stenographer shall, for reports of evidence and other proceedings by him furnished, be paid by the party requesting the same, at the rate not to exceed twelve cents for each hundred words. Same. Section 4. Be it further enacted that said stenographer or reporter shall be paid Two Hundred and Ten ($210.00) Dollars per month out of the county treasury for all services required of him, under the provisions of this Act; and in all counties to which this Act is applicable, said stenographer or reporter shall turn over monthly, to the county treasurer of said county all moneys collected by him for reporting and transcribing the testimony and proceedings in all civil cases which may be so reported, and, or, report to be made by him to the treasurer and the commissioner of roads and revenues, each, of said county, of all and moneys so collected and paid over by him, the said moneys to become part of the county funds. [sic] Same. Money collected payable to county treasurer. Reports. 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 9, 1945.

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SWAINSBORO CITY COURT CLERK AND SHERIFF'S COMPENSATION. No. 409. An Act to amend an Act to establish the City Court of Swainsboro, in and for the County of Emanuel; to provide for a clerk and sheriff thereof and prescribe their duties and fees, 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 creating and establishing the City Court of Swainsboro, approved August 21, 1916, be and the same is hereby amended by striking the word two in line seventeen of Section 43 of said Act as same appears on page 311 of Georgia Laws 1916, and inserting therein the word five so that said section when amended shall read as follows: Sec. 43. Be it further enacted, that the fees of the clerk of said city court shall be as follows: For each criminal case tried on indictment or presentment, handed down from the superior court, three dollars; for each commission to take testimony, fifty cents; for each subpoena, fifteen cents; for filing declaration and docketing civil cases brought to quarterly term, two dollars; issuing copy and process, one dollar; each copy after the first, fifty cents; issuing and docketing fi. fa., seventy-five cents; filing mortgage or lien foreclosure, fifty cents; docketing mortgage or lien foreclosure, one dollar; in all cases brought to the monthly term he shall receive for filing and docketing case, one dollar; copy and process, one dollar; each copy after the first, fifty cents; issuing and docketing fi. fa., seventy-five cents; filing mortgage or lien foreclosure, fifty cents; docketing mortgage or lien foreclosure, one dollar. He shall also receive five dollars per day for services rendered in attending upon said court during the jury sessions of the court, to be paid out of the county treasury. Swainsboro city court clerk's compensation. Section 2. Be it further enacted by the General Assembly

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of Georgia, and it is hereby enacted by the authority of the same that the Act creating and establishing the City Court of Swainsboro, approved August 21, 1916, be and the same is hereby amended by striking the word two in line sixteen of Section 44 of said Act as same appears on page 311 of Georgia Laws 1916, and inserting therein the word five so that said section when amended shall read as follows: Sec. 44. Be it further enacted, that the fees of the Sheriff of the said city court, in all civil cases brought to the quarterly term thereof, shall be for serving each copy, two dollars; levying fi. fa., two dollars; settling fi. fa., two dollars; serving each subpoena, fifty cents; commission on sales, the same as in the superior court; serving garnishment, two dollars; levying attachment, two dollars; and in all civil cases brought to the monthly term thereof he shall receive for serving each copy, one dollar; settling fi. fa., one dollar; levying fi. fa., one dollar; serving each subpoena, fifty cents; commission on sales, same as in superior court; serving garnishment, one dollar; levying attachment, one dollar; for his services in criminal proceedings he shall be entitled to the same fees as are allowed to the sheriffs in the superior court. For attending jury sessions of the city court he shall be paid five dollars per day out of the county treasury; and, if it is necessary for him to have a deputy, or special bailiff in attendance upon a quarterly term of said city court, he shall receive two dollars per day for the services of said deputy or bailiff. The sheriff of said court shall be entitled to a fee of three dollars for summoning the traverse jurors for each term, to be paid for such services. For other services not provided for, the judge of said court may, by order, fix the amount of compensation. Sheriff's compensation. 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 9, 1945.

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THOMASVILLE SCHOOL TAX. No. 412. An Act to amend the Act approved November 30, 1900, establishing a system of public schools in the City of Thomasville, Thomas County, Georgia, and all Acts amendatory thereof so as to increase the tax levy for the establishment and maintenance of said public schools from the amount now provided by law to one per cent, 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 the State of Georgia of the year 1900 as contained in the published Acts for the General Assembly for the State of Georgia of the year 1900, pages 451 to 455, inclusive, and Acts amendatory thereof be amended so as to increase the amount of annual tax entitled to be levied as provided in Section 2 and Section 6 of said original Act of 1900, and as provided in subsequent amendatory acts so that from and after the passage of this Act, the limit of taxation for school purposes shall be an annual tax levy of not exceeding one per cent. The effect of this Act is to permit the increase of an annual tax levy for the support of public schools of the City of Thomasville from seven tenths of one cent to one per cent, or any sum not exceeding one per cent. Thomasville public school tax. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945. LONG COMMISSIONERSACTS AMENDED. No. 413. An Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Long; to provide for the election of members thereof by the

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qualified voters of said county; to provide for Commissioners of said county until the first election under this law; to define their powers and duties; and for other purposes, approved August 10, 1921 (Acts 1921, pp.525-534) as amended by an Act approved August 2, 1924 (Acts 1924, pp. 349-351), and as amended by Act approved March 24, 1939 (Acts 1939, pp. 647-653), and as amended by an Act approved March 27, 1941 (Acts 1941, pp. 921-923), and as amended by an Act approved March 3, 1943 (Acts 1943, pp. 1073-1077); by repealing in its entirety Section 2 of said Act approved August 10, 1921; by repealing in its entirety Section 5 of said Act approved August 10, 1921; by repealing in its entirety all of Section 4 of said Act approved August 10, 1921, as amended by the Act approved March 3, 1943, by repealing in its entirety all of Section 15 of the Act approved August 10, 1921 as amended by the Act approved March 24, 1939; by repealing in its entirety all of Section 21 of said Act approved August 10, 1921, as amended by the Act approved March 24, 1939, by rewriting and enacting in lieu of said stricken sections new sections so as to create in said county five road districts, to name commissioners from such districts, to fix the term of their office, to provide for the election of their successors and to fix their terms of office, to provide that the members of each road district shall be nominated by the voters of the respective road districts and elected in the general election by a country-wide vote; to provide that the Board shall organize and elect one of its members as chairman; to provide that the Board shall elect a county attorney and fix his salary; to provide that the Commissioners shall elect a clerk of said board, prescribe his duties, fix his salary, and require of him a bond; to require the Commissioners to qualify by taking an oath and by fixing their salary; 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 Act entitled an Act to amend an

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Act to create a Board of Commissioners of Roads and Revenues for the County of Long; to provide for the election of members thereof by the qualified voters of said county; to provide for Commissioners of said county until the first election under this law; to define their powers and duties; and for other purposes, approved August 10, 1921 (Acts 1921, pp. 525-534) as amended by an Act approved August 2, 1924 (Acts 1924, pp. 349-351), and as amended by an Act approved March 24, 1939 (Acts 1939, pp. 647-653), and as amended by an Act approved March 27, 1941 (Acts 1941, pp. 921-923), and as amended by an Act approved March 3, 1943 (Acts 1943, pp. 1073-1077) be and the same is hereby amended by repealing in their entirety all of Section 2 of said Act approved August 10, 1921, and all of Section 5 of said Act approved August 10, 1921, and all of Section 4 of said Act approved August 10, 1921, as amended by the Act approved March 3, 1943, and all of Section 15 of the Act approved August 10, 1921, as amended by an Act approved March 24, 1939, and all of Section 21 of said Act approved August 10, 1921, as amended by the Act approved March 24, 1939. Sections 2 and 5 of Act of 1921, section 4 of Act of 1921 as amended by Act of 1943, sections 15 and 21 of Act of 1921 as amended by Act of 1939, repealed. Section 2. That the Act approved August 10, 1921 (Acts 1921, pp. 525-534) and all Acts amendatory thereof, relating to the creation of the Board of Commissioners of Roads and Revenues for the county of Long be and the same is hereby further amended by enacting in lieu of said stricken sections new sections to bear the number and to be substituted in lieu of the stricken sections, the said new sections shall read as follows: In lieu of Section 2 as follows: Section 2. Be it further enacted by the authority aforesaid, that for the purpose of this Act the said County of Long shall be divided into five road districts to be constituted as follows, to-wit: Road District Number One shall be composed of the 1672 Militia District and that portion of the 1132 Militia District remaining in said county. Road District Number Two shall be composed of the 16th Militia District. Road District Number Three

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shall be composed of the 1756 Militia District. Road District Number Four shall be composed of the 24th Militia District, and Road District Number 5 shall be composed of the 1544 Militia District. Road districts. In lieu of Section 4 the following: Section 4. Be it further enacted by the authority aforesaid, that the Board of Commissioners of Roads and Revenues shall be composed of J. C. Howard from Road District Number One, C. H. Baxter from Road District Number Two, E. D. Swindell from Road District Number Three, R. B. Smiley from Road District Number Four and R. O. Middleton from Road District Number Five, and said members of said Board shall hold office until January 1, 1949, and until their successors are elected and have qualified. The successors to the Board members herein named shall be elected in the general election to be held in November, 1948, at the same time other county officers are elected, and their term of office shall be for four years and until their successors are elected and have qualified. Candidates for the office of Commissioner to succeed the ones herein named shall be residents of the district in which he seeks to be elected, and shall be nominated in a primary election by the voters of such district and not by the voters of the entire county. After nomination in the primary election the Commissioners shall be elected in the general election by the qualified voters of the county. Immediately after the passage and approval of this Act the Commissioners herein named shall qualify by taking oath and shall organize and elect one of their members to serve as chairman of the Board. At the first regular meeting to be held in 1948, and every four years thereafter, the newly elected Board shall qualify by taking oath, and shall organize and elect one of their members to serve as chairman of the Board. The members of the Board of Commissioners herein provided for shall receive as their compensation the sum of $10 per day, each, while actually engaged in business for the county, same to be paid from the county funds. Commissioners of roads and revenues. In lieu of Section 15 as follows:

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Section 15. The said Commissioners shall elect a clerk of said Board whose duty it shall be to keep a correct record of all of the actions and doings of the Board, said record to be kept in the Courthouse in said county, said records to be opened to the inspection of any citizen of said county at all times, if the same does not conflict with the meetings of the Board, and perform such other duties as may be assigned to him by said Board. He shall receive compensation for his duties as such clerk an amount to be determined by said Board not to exceed $50 per month. The clerk shall not be a member of said Board of Commissioners. Said clerk before entering upon his duties of clerk of said Board shall enter into and file with the chairman of said Board a good and sufficient bond in the sum of $2000 for the faithful performance of his duties as clerk, which bond shall be made payable to the members of said Board and their successors in office, the sufficiency of which shall be determined by the Board. Clerk of Board of Commissioners. In lieu of Section 21 as follows: Section 21. The Board herein named, and every new Board elected as herein provided, shall elect a county attorney to hold office and serve concurrently with the members electing him, and fix his salary, and in addition to such salary as may seem reasonable and just to said Board, the Commissioners may, in their discretion, if the interest of the county demands, supplement the salary of said county attorney where said attorney engages in litigations in which the county is involved, said salary and fees to be paid from the county funds. County attorney. Section 3. The members of the said Board of Commissioners of Roads and Revenues shall not receive compensation during any calendar year for more than thirty days service as such Commissioner during such year and any member of the said Commission serving more than thirty days on the business of the county shall not receive any compensation for such service above and beyond the period of thirty days aforesaid. Limit of Commissioners compensation. Section 4. That all laws and parts of laws in conflict

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herewith be and the same are hereby repealed. Approved March 9, 1945. SHERIFF'S ADDITIONAL COMPENSATION IN CERTAIN COUNTIES. No. 414. An Act to empower the next Grand Jury after the passage of this Act in all counties in this State having a population of not less than 9654 and not more than 9656 inhabitants according to the United States Census of 1940, or any future census, to increase, in their discretion, the compensation of sheriffs, to supplement the fees now paid sheriffs of said counties in the sum of $1200 per annum, same to be paid monthly by the Commissioner of Roads and Revenues of said counties out of county funds, to specify the purpose of this Act, and for other purposes. Whereas, living prices fluctuate during different economic periods, and realizing that the services of a competent sheriff is necessary for good government, and whereas, there is an increasing demand for home rule in local government. Be it enacted by the General Assembly of the State of Georgia and under the authority of same. Section 1. That the next Grand Jury after the passage of this Act in all counties in this State having a population of not less than 9654 and not more than 9656 inhabitants according to the United States Census of 1940, or any future census of the United States, shall herewith be empowered, in their discretion to increase the compensation of the sheriffs, to supplement the fees now paid sheriffs of said counties in the sum of $1200 per annum, same to be paid monthly by the Commissioners of Roads and Revenue of said counties out of county funds. Sheriff's additional compensation in certain counties. Section 2. The purpose of this Act is to authorize the next Grand Jury of a county after the passage of this Act, in their discretion, to increase the compensation of sheriffs in certain counties so as to enable the sheriffs of

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said counties to more fully cooperate with the State Highway Patrol, the Federal officers and the enforcement of the law. Purpose of this Act. Section 3. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 9, 1945. BROOKS LAW ENFORCEMENT OFFICERS' DISABILITY PAYMENTS. No. 415. An Act to authorize and direct the Commissioners of Brooks County, Georgia, or the governing authorities that may have charge of the fiscal affairs of said county, to pay compensation to any law enforcing officer who is or is hereafter permanently disabled in line of duty the sum of $100.00 per month; to define total disability; to define qualifications for retirement; to limit the effective date of this Act; 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 the Board of Commissioners of Roads and Revenues of Brooks County, Georgia, or whatever governing authority that may have control of the fiscal affairs of the county, is authorized and directed to create the job of inactive county policemen for any person who has served as a law enforcing officer in Brooks County, Georgia, and has been totally disabled in line of duty. Brooks inactive county policemen. Section 2. Blindness is construed to mean total disability for the purposes of this Act. Blindness as total disability. Section 3. Any law enforcing officer who is or has been totally and permanently disabled in line of duty shall receive the sum of $100.00 per month until the next regular session of the General Assembly or before such a time as such enforcing officer who becomes qualified and receives the benefits of this Act shall become eligible

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to receive compensation or benefits under any Act of the General Assembly providing benefits for the Peace Officers of Georgia. Permanent and total disability compensation. Section 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1945. SUPERIOR COURT OFFICIALS' SALARIES IN CERTAIN COUNTIES. No. 418. An Act to provide in all counties of the State of Georgia, having a population under the 1940 United States Census or any subsequqent United States census of not less than 81,000 inhabitants nor more than 83,000 inhabitants, the fixing of the salaries of the court reporter and bailiff to the Superior Court judge; the stenographer or clerk to the Solicitor-General of the Superior Court; and to require the payment of such salaries from the treasury of such counties as a part of the court expenses of such counties; 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. From and after the passage of this Act, in all counties of this State having, under the 1940 United States Census or any subsequent United States census, a population of not less than 81,000 inhabitants nor more than 83,000 inhabitants, the salary of the stenographer or court reporter to the Judge of the Superior Court shall be fixed at $200.00 per month, and the salary of the Superior Court judge's bailiff is hereby fixed at $100.00 per month; and the salary of the Solicitor-General's stenographer or clerk shall be fixed at $135.00 per month. Reporter's, bailiff's, and solicitor-general's clerk's salaries in certain counties. Section 2. Be it further enacted by the authority aforesaid

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that all such salaries shall be paid from the county treasuries of such counties as part of the court expenses of such counties. Salaries payable from county treasury. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 9, 1945. BRUNSWICKCLOSING OF STREETS AND EXCHANGE OF PROPERTY. No. 424. An Act to authorize the Commission of the City of Brunswick to close those portions of Cleborn Street, Bartow Street, Johnson Street, Gordon Street, Lee Street and Stonewall Street lying within the limits of what is known as the Mitchell and Jones Tract as shown upon the map of the plan of the City of Brunswick and to further authorize the said Commission to convey to Hercules Powder Company certain lands in the City of Brunswick owned by the said city in exchange for a conveyance from said company to said city of other lands therein; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same. Section 1. The Commission of the City of Brunswick is hereby authorized by ordinance duly adopted to close those portions of the following streets in the said city to-wit: Cleborn Street, Bartow Street, Johnson Street, Gordon Street, Lee Street and Stonewall Street, lying within the limits of what is known as the Mitchell and Jones Tract as shown upon the map of the plan of the City of Brunswick, and such portions of Stonewall Street and Lee Street as are embraced in the lands described in Section 2 hereof. Closing of certain streets. Section 2. The Commission of the said City of Brunswick is hereby authorized, without the necessity of advertising

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for bids therefor, to convey to Hercules Powder Company, a corporation of the State of Delaware, having an office and place of business in said city, by deed of conveyance all of the following described real property to-wit: Conveyance of property to Hercules Powder Co. authorized. That certain lot, tract or parcel of land situate, lying and being in the City of Brunswick, Glynn County, Georgia, embracing in the aggregate 2.32 acres, more or less, and having the following courses, distances and admeasurements around the same, to-wit: commencing at a point on the eastern line of Cochran Avenue where the same is intersected by the Hughes Town Commons line as relocated by F. J. Torras, civil engineer, in May, 1942, and from said initial point running in a southeasterly direction along the eastern line of Cochran Avenue a distance of 363.7 feet, more or less, to the intersection of the eastern line of Cochran Avenue with the northern line of R Street; running thence easterly at right angles to the last described line along the northern line of R Street a distance of 380 feet, more or less; thence at right angles northernly a distance of 75 feet, more or less; thence at right angles easterly a distance of 113.13 feet, more or less, to the point of intersection of said line with a line parallel with and 50 feet westerly from the center line of the right-of-way of the Georgia Coast Piedmont Railroad; thence in a northeasterly direction along a line parallel with and 50 feet distant from the center line of said Georgia Coast Piedmont Railroad right-of-way a distance of 46.84 feet, more or less, to the intersection of said line with the Hughes Town Commons line as relocated by F. J. Torras, civil engineer; thence in a northwesterly direction along said Hughes Town Commons line, as relocated as aforesaid, a distance of 573.14 feet, more or less, to the point of beginning; said tract of land embracing Town Commons lots numbers 181, 183, 185, fractional lot number 187 and fractional lot number 189 in that tier of lots between Cochran Avenue and Stonewall Street, the western one-half of Town Commons lot number 181, fractional lot number 183 and fractional lot number 185 in that tier of Town

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Commons lots between Stonewall Street and Lee Street; Stonewall Street from the northern line of R Streets to the Hughes Town Common line as relocated as aforesaid, and that portion of Lee Street which lies between the eastern line of fractional Town Commons lot number 183 on the west, the Hughes Town Commons line as relocated as aforesaid, on the northeast and a line parallel with and 50 feet from the center line of the Georgia Coast Piedmont Railroad right-of-way on the southeast. Property described. Such conveyance shall be upon condition that the said Hercules Powder Company will convey by proper deed of conveyance to the said City of Brunswick all of the following described real property located in the said city to-wit: A triangular plot of land embracing 1.5 acres, more or less, and having the following courses, distances and admeasurements around the same, to-wit: commencing at the intersection of the northern line of the Mitchell and Jones Tract with the western line of Cochran Avenue extended northerly to its intersection with said line, and from said initial point running westerly along the northern line of the Mitchell and Jones Tract a distance of 525.74 feet, more or less, to the point of intersection of said line with the Hughes Town Commons line as relocated by F. J. Torras, civil engineer, in May, 1942; thence in a southeasterly direction along said Hughes Town Commons line as relocated as aforesaid, a distance of 583.2 feet, more or less, to its intersection with the western line of Cochran Avenue extended northerly; thence in a northerly direction along the extension of the western line of Cochran Avenue a distance of 252.6 feet, more or less, to the initial point. Condition of conveyance of described property by Hercules Powder Co. to city. Description of property. Also a strip of land 25 feet in width and approximately 673.95 feet in length, immediately adjacent to and west of the right-of-way of the Georgia Coast Piedmont Railroad through the Mitchell and Jones Tract, having the following courses, distances and admeasurements around the same, to-wit: commencing at the point of intersection of the right-of-way of the Georgia Coast Piedmont Railroad with the northern line of the Mitchell

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and Jones Tract, and from said initial point running southwesterly along said Georgia Coast and Piedmont Railroad right-of-way a distance of 673.95 feet, more or less, to the intersection of said right-of-way with the Hughes Town Commons line as relocated by F. J. Torras, civil engineer; thence in a northwesterly direction along said Hughes Town Commons line as relocated as aforesaid, a distance of 25.07 feet; thence in a northeastly direction parallel with and 50 feet distance from the center line of the Mitchell and Jones Tract; thence in a northway a distance of 661.41 feet, more or less, to the northern line of the Mitchell and Jones Tract; thence in a northeasterly direction along said northern line of the Mitchell and Jones Tract a distance of 28.9 feet, more or less, to the beginning point. Description of property. Also a tract of land 25 feet in width and approximately 443.98 feet in length, immediately adjacent to and east of the right-of-way of the Georgia Coast Piedmont Railroad through the Mitchell and Jones Tract and having the following courses, distance and admeasurements, around the same, to-wit: commencing at the point of intersection of the eastern right-of-way line of the Georgia Coast Piedmont Railroad with the northern line of the Mitchell and Jones Tract, and from said initial point running southwesterly along the eastern right-of-way line of the Georgia Coast Piedmont Railroad a distance of 443.98 feet, more or less, to the intersection of said line with the northern line of Evansville Subdivision; thence easterly along the northern line of said Evansville Subdivision a distance of 25.07 feet; thence in a northeasterly direction parallel with and 50 feet distant from the center line of the Georgia Coast Piedmont Railroad a distance of 456.52 feet, more or less, to the intersection of said line with the northern line of the Mitchell and Jones Tract; thence in a westerly direction along said northern line of the Mitchell and Jones Tract a distance of 28.9 feet, more or less, to the point of beginning. All laws and parts of law in conflict with this Act are hereby repealed.

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Section 2a. The Commission of the City of Brunswick shall have power and authority to close that portion of Lee Street extending in a northerly direction from the northern line of George Street to the southern line of Windsor Park Alley. Lee Street. Approval March 9, 1945. UNION CITY CHARTER AMENDMENTS. No. 425. An Act to amend an Act of the General Assembly approved August 17, 1908 (Georgia Laws, 1908, page 935) incorporating Union City and establishing the charter thereof as amended by the Act approved August 7, 1925 (Georgia Laws, 1925, page 1515) amending said charter of Union City, by striking from Section 4 of said original Act the word male so as to permit male and female residents of said city to hold office therein, and to reduce the age qualification for voting from twenty-one years to eighteen years; by amending Section 6 thereof as amended by striking therefrom the third sentence of Section 6 as amended and by inserting in lieu thereof provisions that the polling places in all elections shall be held open between the hours of seven A. M. and seven P. M., and also by adding to Section 6 as amended by providing that the ballots cast at said election shall be destroyed by the Mayor after the expiration of sixty days from the election in which said ballots were cast providing no contest of said election is then pending; by amending Section 13 of said Act by striking the figures $25.00 and inserting in lieu thereof $100.00 so as to provide a fine not exceeding $100.00 as punishment for contempt before the council and before the Mayor's court; by amending Section 14 thereof by striking the words and figures twenty-five dollars ($25.00) and inserting in lieu thereof the figures $100.00 so as to provide that the maximum fine imposed in the Mayor's court shall not exceed $100.00; by amending Section 17 of said Act

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by striking the name Campbell therefrom and inserting the name Fulton in lieu thereof so as to provide the right of certiorari to the Superior Court of Fulton County; by adding to Section 20 so as to provide that the City Council of Union City shall have the power to pass ordinances respecting the operation of motorpropelled vehicles and all other vehicles within the limits of said Union City; to authorize Union City to regulate traffic and to fix the penalties for violation of such ordinances and regulations; by amending Section 2 of said Act by re-defining the boundary lines of the corporate limits of Union City; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is enacted by authority of the same that from and after the passage of this Act, the Act of the General Assembly approved August 17, 1908 (Georgia Laws, 1908, page 935) incorporating Union City in the County of Campbell, State of Georgia, as amended by Act approved August 7, 1925 (Georgia Laws, 1925, page 1515) be and the same is hereby amended as follows: Acts amended. Section 2. By amending Section 4 of said original Act by striking from Section 4 in the first line thereof the word male and the number twenty-one and inserting in lieu thereof the number eighteen so that as amended Section 4 shall read as follows: Any resident of said city who shall be eighteen years of age, white, a freeholder of real estate within said city who shall have been a resident of the State of Georgia for a period of twelve months, and of Union City for six months, and who shall have paid all State, county and municipal taxes shall be eligible to the office of mayor or councilman of said city, such residence referring to a period immediately preceding the appointment or election of such person to either of the offices named. Qualifications for Mayor and councilmen. Section 3. By amending Section 6 of said Act as amended by the Act approved August 7, 1925, by striking from said section the third sentence thereof and by inserting in lieu thereof the following provision: The place of holding the election shall be at some place fixed by the

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County Council and the polling place or places so fixed shall remain open between the hours of seven a. m. and seven p. m. Polling places fixed by County Council. By further amending said Section 6 as amended by adding at the end thereof the following provision: The ballots cast at said election shall be held by the Mayor until the expiration of sixty days from the date of said election at which time all of said ballots which were cast in said election shall be destroyed, provided no contest of said election is then pending. Ballots held by Mayor 60 days. Section 4. By amending Section 13 of said Act by striking therefrom the figures $25.00 and inserting in lieu thereof $100.00 so that the provision of said Act as changed shall read as follows: He shall preside over the Mayor's court hereinafter provided for and shall have the power to punish for contempt, both before the said council and before the Mayor's court by any fine not exceeding $100.00 or imprisonment in the city prison, either or both in the discretion of the Mayor. Mayor's court. Fines and imprisonment. Section 5. By amending Section 14 of said Act by striking therefrom the words and figures twenty-five dollars ($25.00) and inserting in lieu thereof the figures $100.00 so that the provision of said section which is changed shall read as follows: Said court shall be authorized and empowered to punish for violations of the laws and ordinances of said city by imprisonment in the city prison for a period not exceeding sixty days by compelling the defendant or offender to labor upon the streets of said city for a period of not longer than sixty days, and by a fine not to exceed $100.00 and the costs of the court, which fine may be collected by execution and by any one or more of these punishments may be imposed as an alternative punishment to some other mode imposed. Punishment for violation of ordinances. Section 6. By amending Section 17 of said Act by striking therefrom the word Campbell and inserting in lieu thereof the word Fulton so as to provide the writ of certiorari from the Mayor's court to the Superior Court of Fulton County. Certiorari.

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Section 7. By amending Section 20 of said Act by adding thereto the following: The City Council shall have the power to regulate by ordinance the operation of motor-propelled vehicles and all other vehicles within the incorporated limits of Union City and shall have the power to pass traffic regulations respecting the use of the streets and roads of said city and to fix penalties for violation of such ordinances and regulations. Regulation of motor vehicles. Section 8. By amending Section 2 of said Act by adding to the last sentence of said Section 2 the following: Except that there is excluded from the area hereinbefore described the western half of Land Lot 99, all of Land Lot 98, and the northern half of Land Lot 88 of the 9th District of formerly Campbell County insofar as the same comes within the square described above so that the last sentence of Section 2 shall read as follows: The boundaries of this square shall be the corporate limits of said Union City except that there is excluded from the area hereinbefore described the western half of Land Lot 99, all of Land Lot 98, and the northern half of Land Lot 88 of the 9th District of formerly Campbell County insofar as the same comes within the square described above. City limits. Section 9. Be it further enacted by the authority aforesaid that all laws and part of laws in conflict be and the same are hereby repealed. Approved March 9, 1945. GRADY SHERIFF'S BOND PREMIUM. No. 427. An Act to provide for the payment from county funds of the official bond of the Sheriff of Grady 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 Grady County, including the calendar year of 1945, shall be paid from

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any county funds by the authority disbursing the county funds of said county. Premium on sheriff's bond 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, 1945. THOMASVILLE BOARD OF EDUCATION ELECTION. No. 428. An Act to amend an Act approved March 15, 1943, entitled An Act to amend the charter of the City of Thomasville approved October 8, 1889, etc., by clarifying the terms of office of the present Board of Education in the City of Thomasville and providing for the election in the future of their successors in office, and providing for the terms for which said successors shall hold office so as to coordinate the election of the members of the Board of Education with the election of the Board of Commissioners of the City of Thomasville. Section 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, Section 17 of the Act of the General Assembly of Georgia, approved March 15, 1943, as set forth on pages 1601 to 1616 of the published Acts of the General Assembly of Georgia for 1943, be and the same is hereby amended by adding thereto the following: Act 1943 pp. 1601-1616, Sec. 17, amended. Except that those three members of the Board of Education who were elected at the general election on the third Tuesday in January, 1941, shall hold office until the first day of January, 1946, and until their successors are elected and qualified, and that at the general election for mayor and commissioners to be held on the third Tuesday in December, 1945, their successors shall be elected for a term of four years to begin January 1, 1946; and that those four members of the Board of Education who were elected on the third Tuesday in January, 1943, shall hold office until

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the first day of January, 1948, and until their successors are elected and qualified, and that their successors shall be elected at the general election for mayor and commissioners to be held on the third Tuesday in December, 1947; and that thereafter, at each general election for mayor and commissioners, such number of members of said board shall be elected as there shall be vacancies on January 1 following, to serve for a term of four years, and until their successors are elected and qualified, said term beginning on January 1 immediately following their election. Added part. Election of members of Board of Education. Terms of office. Section 2. Be it further enacted that all laws and parts of laws, and especially any local laws affecting the City of Thomasville not herein specifically referred to, which are in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945. MIDDLE JUDICIAL CIRCUIT REPORTER'S SALARY. 24-3104. No. 429. 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 Middle 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 Middle 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, of the various counties comprising said Middle Judicial Circuit. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

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Section 1. That from and after the passage of this Act, the official court reporter of the Middle Judicial Circuit shall be paid a salary of $200.00 per month, in lieu of all 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. Reporter's salary in lieu of fees in criminal cases. Counties in Circuit to pay proportionate part of salary. 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. Appointment, removal, oath and duties. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1945. MUSCOGEE SEWER SYSTEM. No. 430. An Act to empower Muscogee County in the State of Georgia to acquire, construct, reconstruct, improve, better and extend public sewers, to maintain and operate the same, prescribe, revise, and collect rates, fees, and charges for sewer services; to empower said county to issue and enforce executions for the collection of rates, fees and charges for such sewer service, and the maintenance and operation of such sewers and sewer systems; and for other purposes. Be it enacted by the General Assembly of the State of Georgia:

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Section 1. That Muscogee County in the State of Georgia be, and it is hereby empowered to acquire, construct, reconstruct, improve, better and extend public sewers; to maintain and operate the same, prescribe, revise and collect rates, fees, and charges for public sewer services; to issue executions for the collection of all such rates, fees and charges for public sewer service and the maintenance and operation of such sewers and sewer services, such executions to be signed by the Clerk to the Commissioners of Roads and Revenues of said county; and all fi. fas. issuing under and by virtue of this authority shall be issued in the name of the county and shall be turned over to the sheriff of said county for collection as other fi. fas. are handled; and in the event that the defendant in fi. fa. shall claim that the amount thereof or some part of same is not owing, or that the same is proceeding illegally, he may file illegality thereto, and the procedure thereon in this event shall be the same as provided for illegalities in cases of tax fi. fas., and the lien of all fi. fas. issued in accordance with and by virtue of this authority shall be superior to all other liens except the lien of taxes, and sales under said fi. fas. and all other proceedings for the collection of the amount due shall be the same as in case of fi. fas. issued by said county for collection of its ad valorem taxes. County authorized to maintain sewer system. Fees. Executions. Illegality. Liens. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1945. RINGGOLD CHARTER AMENDMENTS. No. 432. An Act to amend an Act entitled 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 re-enact, with certain and various changes, and confirm and continue

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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 of Ringgold; to create a municipal government for said town; etc., which Act was approved March 9, 1943 (Acts 1943 pp. 1508-1552), by striking therefrom all of Section 2 of said Act and by inserting in lieu thereof a new Section 2 defining the territorial limits of said Town of Ringgold and providing 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 shall be exempt from taxation by the municipal authorities, and also exempting from such taxation live stock, domestic animals and farm equipment kept and used in connection with agricultural operations; to further amend said Act by striking from line 2 of Section 20 the word annually and by striking from line 3 of Section 20 the word their and substituting in lieu thereof the word the and by adding in the 3rd line of Section 20 after the word January and before the comma following same, the words, after each election, so as to provide for the election of a Clerk and Treasurer every two years; to further amend said Act by striking from line 5 of Section 32 the word September and inserting in lieu thereof the word January and by striking from line 7 of Section 32 the word September and inserting in lieu thereof the word January and by striking from line 7 of said section the word October and inserting in lieu thereof the word May and providing how said Section 32 shall read when so amended; to further amend said Act by striking from line 4 of Paragraph 1 of Section 33 the word September and inserting in lieu thereof the word January and by striking from line 20 of said Paragraph 1 of Section 33 the word October and inserting in lieu thereof the word May and by striking from line 24 of said Paragraph 1 of Section 33 the word November and inserting in lieu thereof the word October and to provide how said Paragraph 1 of

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Section 33 when so amended shall read; to further amend said Act by striking from line 6 of Section 34 the figure and letters 1st and inserting in lieu thereof the figures and letters 20th and providing how said Section 34 when so amended shall read; 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 entitled 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 re-enact, with certain and various changes, and confirm and continue in operation, except as changed by the provisions of this Act, the Act approved 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 of Ringgold; to create a municipal government for said town; etc., which said Act was approved March 9, 1943 (Acts 1943, pp. 1508-1552) be and the same is hereby amended by striking therefrom all of Section 2 in its entirety and by substituting in lieu thereof a new Section 2 to read as follows: Acts amended. Section 2. Territorial Limits. That the corporate limits of the said Town of Ringgold shall be that area lying East of Chickamauga Creek and lying between said Creek and a line which may be described as beginning at a concrete post on the banks of the Chickamauga Creek above the pumping station and running thence North 36 degrees 10 minutes East 957 feet to a concrete post, thence North 11 degrees 20 minutes West 1011 feet to a concrete post East of the reservoir, thence North 9 degrees 10 minutes West a distance of 1900 feet to a concrete post, thence North 41 degrees 45 minutes West a distance of 1137 feet to a concrete post on the East side of the right of way line of the N. C. St. L. Railroad, thence along the East side of the N. C. St. L. Railroad right of way a distance of 1800 feet to a concrete post on right of way of the

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N. C. St. L. Railroad at culvert, thence North 65 degrees 40 minutes West a distance of 269 feet to a concrete post on bank of Chickamauga Creek, thence up and along the said Chickamauga Creek as the same now runs back to the point of beginning at a concrete post above the pumping station. Provided, however, 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 shall be exempt from taxation by the authorities of said municipality, and also live stock, domestic animals and farm implements kept and used in connection with agricultural operations shall be exempt from municipal taxes. However, buildings and lots occupied as residence shall not be exempt from said taxes. New Sec. 2 Corporate limits described. Three acres or more used for agricultural purposes exempt from city taxes. Section 2. That the Act entitled An Act to create and establish a new charter for the Town of Ringgold in the County of Catoosa, State of Georgia, and to reincorporate said town under the name of the `Town of Ringgold' and to define its territorial limits; to re-enact, with certain and various changes, and confirm and continue in operation, except as changed by the provisions of this Act, the Act approved 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 of Ringgold; to create a municipal government for said town; etc.; be and the same is hereby amended by striking from line 2 of Section 20 the word annually and by striking from line 3 of Section 20 the word their and inserting in lieu of the word their the word the and by adding after the word January and before the comma in line 3 of Section 20 the words after each election so that said section when so amended shall read as follows: Act further amended. Section 20. Clerk and Treasurer. Be it further enacted that the Mayor and Aldermen of said town at the first meeting in January after each election, 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)

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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 Adlermen. He shall have authority to appoint some fit and proper person as his deputy to whom he may delegate all powers conferred upon him, and for whose acts he and his bondsman 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 may think fit and proper. Clerk and treasurer elected. Minutes kept. Clerk to collect taxes. Deputy clerk. Bond. Compensation of clerk. Section 3. That the Act entitled 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 re-enact, with certain and various changes, and confirm and continue in operation, except as changed by the provisions of this Act, the Act approved 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

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charter for said Town of Ringgold; to create a municipal government for said town; etc., be and the same is hereby amended by striking from line 5 of Section 32 of said Act the word September and by inserting in lieu thereof the word January and by striking from line 7 of Section 32 of said Act the word September and inserting in lieu thereof the word January and by striking from said line 7 of said Section 32 the word October and inserting in lieu thereof the word May so that said Section 32 when so amended shall read as follows: Act 1899 further amended. 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 January 1st of each year; the book for taking and recording such returns shall be opened on January 1st and closed on May 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. Section 4. That the Act entitled 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 re-enact, with certain and various changes, and confirm and continue in operation, except as changed by the provisions of this Act, the Act approved 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 of Ringgold; to create a municipal government for said town; etc.: be and the same is

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hereby amended by striking from Paragraph 1 of Section 33 and from line 4 thereof the word September and inserting in lieu thereof the word January and by striking from line 20 of Paragraph 1 of said Section 33 the word October and inserting in lieu thereof the word May and by striking from line 24 of said Section 33 the word November and inserting in lieu thereof the word October so that said Paragraph 1 of Section 33 of said Act when so amended shall read as follows: Act 1899 further amended. 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 January shall elect a tax assessor, who may be one of the Aldermen elected. 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 increase the valuation of any real estate or personal property when in his judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his or her or its real estate or personal property, as hereinbefore required by the first day of May 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 October 1st of each year unless additional time is granted by the Mayor and Aldermen; when the return is made said assessor shall appoint a time and place for the hearing of objection to such tax assessments and he shall cause notice to

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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. Property assessed. Section 5. That the Act entitled 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 re-enact, with certain and various changes, and confirm and continue in operation, except as changed by the provisions of this Act, the Act approved 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 of Ringgold; to create a municipal government for said town; etc.; be and the same is hereby amended by striking from line 6 of Section 34 of said Act the figure and letters 1st and inserting in lieu thereof the figures and letters 20th so that said Section 34 of said Act when so amended shall read as follows: Act 1899 further amended. 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 20th 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, Sections 93-4301, et seq. and 92-4401, et seq.

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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. Tax executions. Taxes due Dec. 20 in each year. Costs. Section 6. The Mayor and Council of the Town of Ringgold shall cause to be published as of March 1st of each year a full and complete statement showing the revenues of the town in detail and a like statement of all expenditures. Such statement shall be a full and complete audit of the fiscal affairs of the town for the twelve months preceding. Publication of statements. Section 7. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945. TOOMSBORO TAXATION AND ELECTIONS. No. 433. An Act incorporating the town of Toomsboro, in the County of Wilkinson, approved August 1904 (Georgia Laws, 1904, page 674) as amended by Act approved August 18, 1917 (Georgia Laws, 1917, page 888), and as amended by an Act of 1906 (Georgia Laws, 1906, page 1091), providing for the tax rate of said town, and for the election of mayor and council of said town, 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 on and after the passage of this Act, Section 9 of the Act, incorporating the Town of Toomsboro in the County of Wilkinson, approved August 4, 1904 (Georgia Laws, 1904, page 674), as amended by the Act approved August 18, 1917 (Georgia Laws, 1917, page 888) be amended by striking the words shall be greater than one-half of one per cent of the taxable property and inserting in lieu thereof the following shall be greater than ten mills or ten dollars per one thousand dollars of

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the taxable property so that said section when so amended shall read as follows: Toomsboro tax rate changed. Section 9. Be it further enacted, that the council of said town shall have power therein to lay off, close, open, and keep in good order and repair, roads, streets and sidewalks, for the use of the public or any citizen thereof; to prevent injury or annoyance to the public or individuals from anything dangerous or unwholesome; to protect places of divine worship in and about the premises where held; to abate or cause to be abated anything which, in the opinion of the majority of the whole council, shall be a nuisance; to protect the property and person of the citizens of said town, and to preserve the peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to provide for the annual assessment of taxable property therein, which, in no event, shall be greater than ten mills or ten dollars per one thousand dollars of the taxable property; to adopt rules for the regulation and government of its own body. The council shall have power to make and pass all needful orders, ordinances and by-laws not contrary to the Constitution and the laws of Georgia; to carry into effect the foregoing enumerated powers and all other conferred upon said town, and to this end may prescribe, impose and enact reasonable fines, penalties and imprisonments in the town prison, if there be one, for a term not exceeding twenty days. Toomsboro town council's authority. Tax rate. Section 2. Be it further enacted by the authority aforesaid that Section 5 of the said Act of 1904 (Georgia Laws, 1904, page 674) as amended by Acts of 1906 (Georgia Laws, 1906, page 1091) be amended by striking the words First Wednesday in January 1907, in said Act and inserting in lieu thereof Second Tuesday in November 1946, and by adding at the end of said section the following: Said mayor and councilmen shall take office on January 1, following said election, so that said section when so amended will read as follows: Section 5. Be it further enacted, that on the second

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Tuesday in November, 1946, and biennially thereafter on the same day and in the same month an election shall be held in said town for a mayor and councilmen thereof, said election to be under such supervision, rules and regulations (not inconsistent with the laws regulating county elections) as the council may prescribe. Said mayor and councilmen shall take office on January 1 following said elections. Election of mayor and councilmen. Section 3. Be it further enacted by the authority aforesaid that Section 12 of said Act (Georgia Laws, 1904, page 676) as amended by the Act of 1917 (Georgia Laws, 1917, page 889) be amended by adding at the end thereof the following: Said officers so elected shall take office immediately upon their election, so that said section when so amended shall read as follows: Section 12. Be it further enacted, that said mayor and councilmen shall have the power to elect a mayor pro. tem., who shall perform the duties of his office; also to fill any vacancy that may occur in the office of the mayor or councilmen or any subordinate office of said town. Whenever an election for mayor and councilmen is not held on the day specified by this Act, said mayor and council shall order a special election for the election of said officers. Said officers so elected shall take office immediately upon their election. Mayor pro tem. Vacancies. Special elections. Elected officer assume office immediately. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1945. AMERICUS TERRITORIAL LIMITS EXTENDED. No. 438. An Act to amend an Act, entitled an Act to amend, revise and consolidate the several Acts granting corporate authority to the City of Americus; to confer additional powers on the Mayor and City Council of Americus to

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extend the corporate limits of said city and for other purposes, approved November 11, 1889; so as to include within the corporate limits within the City of Americus, the following described property:Beginning at a point, which point is the intersection of the one and one quarter mile City Limit Circle (whose center is on the old water tower) with the east line of Elm Avenue; thence due south eight hundred and fifty-four (854) feet along the east side of Elm Avenue; thence due east a distance of four hundred and eighty (480) feet; thence due north a distance of three hundred (300) feet to the south side of Howard Street; thence due east a distance of six hundred and two (602) feet to the west line of right-of-way of the Seaboard Air Line Railway; thence in a northeasterly direction along said right-of-way six hundred and eighty five (685) feet to the present city limit line. 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 revise and consolidate the several Acts granting corporate authority to the City of Americus, approved November 11, 1889, be and the same is hereby amended so that the following described property: Beginning at a point, at which point is the intersection of the one and one quarter mile City Limits Circle (whose center is on the old water tower) with the east line of Elm Avenue; thence due south eight hundred and fifty-four (854) feet along the east side of Elm Avenue; thence due east a distance of four hundred and eighty (480) feet; thence due north a distance of three hundred (300) feet, to the south side of Howard Street; thence due east a distance of six hundred and two (602) feet to the west line of right-of-way of the Seaboard Air Line Railway; thence in a northeasterly direction along said right-of-way six hundred and eighty-five (685) feet to the present city limit line; be added to the territory covered by the corporate limits of said City of Americus and made a part and parcel of the territory so incorporated

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by the Act and amendments thereto, incorporating the Mayor and City Council of Americus. Americus corporate limits extended. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945. ATLANTA CHARTER AMENDMENTS. No. 439. An Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several Acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. The Act approved February 28, 1874 establishing a new charter for the City of Atlanta and the several acts amendatory thereof are further amended as follows: The charter of the City of Atlanta, as set out in the official Code, City of Atlanta, 1942, is further amended by striking Section 6-210 of the Code of Atlanta, 1942 and substituting in lieu thereof a new section, to-wit: 6-210. Building Inspector; Election, Term, Qualifications. The Building Inspector shall be elected by the Mayor and General Council of the City of Atlanta for a term of 4 years. The Building Inspector shall be a freeholder, a resident of the city and either a professional architect, or a civil engineer acquainted with the science of building, or have had at least 10 years experience in the construction of houses and buildings. The successor to the present Building Inspector shall be elected on the frst Monday in March, 1945. Building inspector. Section 2. The charter of the City of Atlanta, as set forth in the official Code, City of Atlanta, 1942, is

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amended by adding a new section, to be known as Section 3-110 of said Code, to-wit: 3-110. The jurisdiction of the City of Atlanta for the enforcement of health and sanitation ordinances is hereby extended to abattoirs or places for the slaughter of animals, for consumption as food by the residents of the City of Atlanta, located in unincorporated territory within two (2) miles of the present limits of the City of Atlanta. City's jurisdiction extended to abattoirs outside of city. Section 3. The limits of the City of Atlanta are hereby extended so as to include and embrace therein the following tract of land, to-wit: Beginning at a point on the present city limits where said point is six hundred (600) feet distant at right angles in a southwesterly drection from the southwest side of Langston Street; thence southeasterly parallel to and six hundred (600) feet distant at right angles in a southwesterly direction from the southwest side of Langston Street to the north side of Astor Avenue; thence easterly along the north side of Astor Avenue and the projection of said north side of Astor Avenue to the land lot line between Land Lots One Hundred Three (103) and One Hundred Twenty-Two (122); Fourteenth (14th) District of Fulton County, Georgia; thence northerly along the said land lot line between said Land Lots One Hundred Three (103) and One Hundred Twenty-Two (122) to the present city limits; thence westerly along the present city limits to the point of beginning, the territory herein described being a portion of land Lot One Hundred Twenty-Two (122) of the Fourteenth (14th) District of Fulton County, Georgia. City limits extended. 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, on the passage of this Act. The power and authority of the officers of the city are made coextensive with the limits as extended

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by this Act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and in case of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this Act. The power of the Health Department, Police Department, City Tax-Assessors and Receivers, Tax-Collector, Marshal, Clerk of Council, Building Inspector, Recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits and under the present charter, the laws, and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and are bound for the payment of said bonds equally with the former territory of the City of Atlanta. Corporate authority extended over added territory. Section 4. The 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 are hereby amended as follows: The Mayor and General Council of the City of Atlanta are authorized to contract for Group Hospital Expense Insurance, or Group Surgical Expense Insurance, either or both, for the benefit of the employees of the City of Atlanta, in such groups or classifications as they deem proper, (provided that not less than 75 per centum of the eligible in any such groups or classifications shall elect to be insured), and are authorized to contribute part of the cost of such insurance. No employee shall be compelled to take such insurance, but where he voluntarily elects to do so, the City Comptroller shall be authorized to deduct the employee's contribution from the salary or wages of the employee so insured. Employees' group, hospital insurance. Section 5. The Mayor and General Council are authorized in their discretion to abolish the offices of Superintendent

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of Electrical Affairs and Building Inspector and create a Division of Permits and Inspection under the Chief of Construction and upon such creation, the said Division of Permits and Inspection shall exercise the functions and duties now exercised by the Superintendent of Electrical Affairs and the Building Inspector and also the duties now exercised by the Assistant Chief of Construction in Charge of Plumbing and such other duties as to issuance of licenses, permits, making of inspections as may be imposed upon said Division by the Mayor and General Council. Upon the creation of such Division, the Mayor and General Council shall fix the qualifications and salaries of the persons who shall be in charge of such Division and assistants therein. Abolition of Superintendent of Electrical Affairs and Building Inspector authorized. Division of Permits and Inspection. Section 6. The annual salary of the Chief of Police shall be $6,000.00 with the power of the Mayor and General Council to either increase or decrease the same. Salary of Chief of Police. Section 7. The annual salary of the Chief of the Fire Department shall be $6,000.00 with the power of the Mayor and General Council to either increase or decrease the same. Salary of Chief of Fire Department. Section 9. Each resident of Atlanta, who is qualified and registered under the Constitution and laws of this State to vote in State and county elections, shall be permitted to vote in city elections, and the closing date for registration shall be the same as that provided by law for State and county elections. Qualified voters. The voters' records or lists prepared by the registrars for such State and county elections under applicable laws shall be used by the election managers in city elections, and the cost incurred by county officers in preparing and certifying such voters' records and lists shall be paid by the City of Atlanta. In cases of disagreements as to such cost, the amount thereof shall be determined in the following manner: The Mayor of the City of Atlanta and the Tax Collector shall each name an arbitrator, these arbitrators shall elect a third, and the amount fixed by majority vote shall be promptly paid by the city. The Mayor and General Council shall provide

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by appropriate ordinances for the purging of the lists or voters' records so obtained for death, removal from the city, or other legal cause. Voters' lists. Section 10. Any and all laws or parts of laws in conflict herewith are hereby repealed. Approved March 9, 1945. CITY COURT OF BAXLEYPAYMENT OF JUDGE'S SALARY. No. 441. An Act authorizing the Commissioner of Roads and Revenues, or other county authorities of Appling County in their discretion to make certain designated official salary payments quarterly instead of monthly, fixing the amounts thereof, repealing conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same that from and after the passage of this Act, the Commissioners of Roads and Revenues, or other county authorities of Appling County shall have authority to make salary payments to the Judge of the City Court of Baxley quarterly instead of monthly; said quarterly payments to be Three Hundred and Seventy-Five Dollars ($375.00) each, the total annual salary to be Fifteen Hundred Dollars ($1500.00) whether paid quarterly or monthly. Payment of salary of Judge of City Court of Baxley. 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, 1945.

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TRADE AND VOCATIONAL SCHOOLS IN CERTAIN COUNTIES. No. 442. An Act to provide that in counties having a population according to the 1940 Census in excess of 300,000 and which have located therein or partly located therein municipalities having independent school systems supported in whole or in part by local taxation, such counties and municipalities may contract with each other with reference to trade and vocational schools as is hereinafter provided, and for 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, in counties of this State which had a population, according to the 1940 Census, in excess of 300,000 and in which, or partly in which, there are located municipalities having independent school systems supported in whole or in part by local taxation, such counties and cities may contract with each other for the joint building, purchase, lease or other acquisition and the joint ownership, use, operation and maintenance of trade and vocational school or schools to be located within or without the limits of such municipalities for the joint use of the trainees living in such municipalities and those living in the county outside the limits of such municipalities and may support the same from school funds or other funds that may be received which may be available for such purposes. Trade and vocational schools in certain counties. Section 2. Be it further enacted that any and all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1945.

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ASSISTANT SOLICITOR GENERAL'S COMPENSATION IN CERTAIN COUNTIES. No. 443. An Act to amend An Act of the General Assembly of Georgia of 1890-91 (Georgia Laws, 1890-91, page 223) providing for the appointment of a special criminal bailiff in counties having a population of more than 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 bailiff 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 bailiff 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 81,000, and not more than 83,775, as amended by the General Assembly of Georgia 1943 (Georgia Laws, pages 1137-1140) by increasing and providing that the salary of said Assistant Solicitor General shall be increased at a certain amount per month each month and for other purposes, so as to strike the figures $175.00 and insert in lieu thereof the figures $200.00 wherever they appear in said Act and so as to strike the words one hundred seventy-five dollars and insert in lieu thereof two hundred dollars wherever they appear in said Act. Section 1. Be it enacted by the General Assembly of Georgia that the Act of the General Assembly of Georgia appearing in Georgia Laws, 1943, pages 1137-1140, inclusive, which provides for the compensation of the Assistant Solicitor General and for car allowance is hereby

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amended by striking from Section 1 thereof the words one hundred and seventy-five dollars wherever they appear and the figures $175.00 wherever they appear and inserting in lieu of the words striken two hundred dollars and inserting in lieu of the figures so striken $200.00 so that said section when amended shall read as follows, to-wit: Salary of Assistant Solicitor General in certain counties. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that the Act of the General Assembly of Georgia of 1890-91, to-wit, Georgia Laws 1890-91, page 223, the same providing for the appointment of special criminal bailiffs in counties of this State having a population of twenty thousand (20,000) or more, and the amendments to said Act by the General Assembly of Georgia of 1929, to-wit, Georgia Laws, 1929, pages 177-179 and 179-182, providing for the salary of said special criminal bailiffs in counties having a population according to the United States Census of 1920, or any future United States Census of not less than seventy thousand (70,000) and not more than ninety thousand (90,000) be, and the same are hereby amended by adding the following provisos: Provided, however, that in all counties of this State having a population according to the United States Census of 1930 or any future United States Census, of not less than seventy thousand (70,000) and not more than eighty thousand (80,000), the Solicitor General may appoint, with the approval of the Judge of the Superior Court of the circuit wherein the county of the appointment is situate, an Assistant Solicitor General; the said Assistant Solicitor 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 [sic] as aforesaid, in lieu of the special criminal bailiff hereinbefore provided, and no other investigation [sic] 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

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appointed, and before assuming the office, shall take the same oath of office, in substance, as is prescribed for Solicitor Generals 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 appointment, and to act therein for the Solicitor General in the case of his absence, sickness, or otherwise; the said Assistant Solicitor General to act as a special investigator in preparing all criminal business pending in the Superior Court in the county of said Assistant's appointment. The salary of the said Assistant Solicitor General shall be fixed by the County Commissioners of said county, but shall not be less than two hundred ($200.00) dollars per month, to be paid monthly out of the county treasury of the county of said Assistant's appointment. 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 81,000 and not more than 83,775, the salary of the said Assistant Solicitor General shall be two hundred ($200.00) 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. Assistant Solicitor General in certain counties. Oath. Duties. Salary. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1945. THOMASVILLE ZONING. No. 445. An Act to amend an Act approved March 15, 1943, entitled An Act to amend the charter of the City of

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Thomasville approved October 8, 1889, etc., by granting to the Board of Commissioners of the City of Thomasville the power and authority to enact zoning and planning laws whereby the City of Thomasville may be zoned or districted for various uses and other and different uses prohibited therein and regulating the uses for which zones or districts may be set apart and regulating the plans for the development and improvement of real estate therein. Section 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, Section 2 of the Act of the General Assembly of Georgia, approved March 15, 1943, as set forth on pages 1601 to 1616 of the published Acts of the General Assembly of Georgia for 1943, be and the same is hereby amended by adding thereto the following: Without limiting the generalities of the foregoing, the Board of Commissioners of the City of Thomasville shall have authority to enact zoning and planning laws whereby such city will be zoned or districted for various uses and other or different uses prohibited therein, and regulating the uses for which said zones or districts may be set apart, and regulating the plans for the development and improvement of real estate therein. Thomasville zoning and planning laws. Section 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this amendment be and the same are hereby repealed. Approved March 9, 1945. DEPUTY CLERK'S COMPENSATION IN CERTAIN COUNTIES. No. 446. An Act to provide for compensation of deputy clerks in all counties in the State of Georgia having a population of not less than 10,230 and not more than 10,240,

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according to the 1940 Federal Census, of $30.00 per month, or $90.00 per quarter, to be paid to the Clerk of the Superior Court for the hiring of such deputy clerk; to provide the effective date of the Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act the deputy clerk of the Clerk of the Superior Court of any county in the State of Georgia having a population of not less than 10,230 and not more than 10,240, according to the Federal Census of 1940, shall receive as compensation from the Ordinary or the Commissioner of Roads and Revenue or the Board of Commissioners of Roads and Revenue, whichever may be the fiscal authority, a salary of $30.00 per month or $90.00 per quarter. Compensation of deputy clerks of superior courts in certain counties. Section 2. This sum shall be paid by the fiscal authority of the county to the Clerk of the Superior Court for the purpose of paying a deputy clerk in such county. Payable to clerk. Section 3. This Act shall take effect as of January 1, 1945 and expire on January 1, 1947. Effective date. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945. SPECIAL DEPUTY SHERIFFS IN CERTAIN COUNTIES. No. 447. An Act to provide for the appointment of Special Deputies Sheriffs in certain counties, to prescribe the qualifications and duties of such Special Deputies Sheriffs, to fix their compensation and provide for the payment of same, and for other purposes: Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage and approval

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of this Act, the Sheriff of any county in this State having a population of not less than 21,022, and not more than 21,030, according to the United States Census for 1940, or any future census, may appoint a Special Deputy Sheriff, and require such special Deputy Sheriff to devote his entire time to making investigations, and assembling information concerning the returning, paying and collecting of taxes due the county. Special deputy sheriff in certain counties. Section 2. Be it further enacted that when any Special Deputy Sheriff is appointed under the provisions of this Act, the person so appointed shall be first approved by the County Commissioner, Board of County Commissioners, or Commissioner of Roads and Revenues, according to whichever has charge of the fiscal affairs of the county. Appointment to be approved by county commissioner. Section 3. Be it further enacted that when any Special Deputy Sheriff is appointed by a Sheriff and approved by the fiscal authority of the county, that said Special Deputy, shall, before entering upon the discharge of his duties enter into a bond in the sum of $5,000.00, with some solvent surety company, as surety thereon, payable to the Sheriff making the appointment, and conditioned for the faithful performance of the duties of such Special Deputy Sheriff. Bond. Section 4. It shall be the duty of any Special Deputy Sheriff appointed under the provisions of this law to assemble all available information relative to tax returns, and to make such investigations as may be necessary to see that all property not returned for taxation is reported to the Tax Commissioner and the Board of Assessors, in order that same may be assessed for taxation as provided by law; to collect and assemble information and evidence concerning the true market value and taxable value of property in the county liable to be assessed for taxation, and to assist the Tax Commissioner and Board of Assessors in causing all property to be returned for taxation and assessed as required by law; to act as a watcher and keep the Tax Commissioner, and County Commissioners informed of applications for year's support that might

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defeat the county from collecting taxes due, in order that the proper county authority may interpose proper caveats and objections for the protection of the county's interest in its taxes; to collect and pay over to the Tax Commissioner all overdue and delinquent taxes due the county schools, and the State, as represented by the respective interest of each or either; and to make and file, at the end of each month a full report of his actings and doings, which report shall be filed in triplicate, one with the Tax Commissioner, one with the Board of County Commissioners or other fiscal authority, and one with the Sheriff of the county who appointed him. Section 5. Be it further enacted that such Special Deputy Sheriff shall keep his office at the office of the Sheriff of the county, shall be directly responsible to the Sheriff of the county, and under his supervision at all times; shall serve at the pleasure of the Sheriff appointing him, and may be removed or discharged at any time by the Sheriff, with cause. Place and term of office. Section 6. Be it further enacted that any Special Deputy Sheriff appointed under the provisions of this law shall be paid a salary of $150.00 per month, payable on the last day of each month, one half of which shall be paid by the Sheriff of the county, and one half shall be paid by the Treasurer of the county, upon warrant issued by the fiscal authority of the county drawn against county funds. Salary. Section 7. Be it enacted that the premium on the bond of such Special Deputy Sheriff shall be paid, one half by the Sheriff and one half by the county, on warrant drawn against county funds. Premium on bond. Section 8. Be it further enacted that this law shall in no way affect the right of the Sheriff of the county to his fees and costs accruing upon tax fi. fas., or levies or sales as now provided by existing law. Sheriffs' fees not affected. Section 9. 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 9, 1945.

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SUPERIOR COURT DEPUTY CLERK'S SALARY IN CERTAIN COUNTIES. No. 448. An Act to provide that the Commissioners of Roads and Revenues, or other authorities having control of the expenditures of county funds, in all counties in the State of Georgia having a population of not less than 22,025 and not more than 22,080, according to the United States Census of 1940, or any other future United States Census, may, in their discretion pay to the clerks of the Superior Court of such counties, in addition to the fees and compensation now paid, the sum of not exceeding $50 per month, payable monthly, for the employment of a deputy clerk; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same. Section 1. That from and after the passage and approval of this Act, the Commissioners of Roads and Revenues, or other authorities having control of the expenditures of county funds, in all counties in the State of Georgia having a population of not less than 22,025 and not more than 22,080, according to the United States Census of 1940, and all other future United States Census, may, in their discretion, pay to the clerk of the Superior Court of such counties, in addition to the fees and compensation now paid, the sum of not exceeding $50 monthly to be paid monthly for the employment of a deputy clerk. Superior Court deputy clerk in certain counties. Section 2. That all laws and parts of law in conflict herewith be, and the same are, hereby repealed. Approved March 9, 1945.

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EMANUEL TAX COMMISSIONER'S SALARY. No. 449. An Act to amend an Act entitled 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, and for other purposes, as approved March 9, 1943. Be it enacted by the General Assembly of Georgia: Section 1. That Section 10 of an Act approved March 9, 1943 as same appears in Georgia Laws 1943, page 964, be and the same is hereby amended by striking the figure $4000.00 in line three of said Section 10 and substituting in lieu thereof the figure $4500.00 so that Section 10 as amended shall read as follows: Act 1943, p. 964 Sec. 10 amended. Section 10. Be it further enacted by authority aforesaid, that the compensation of the tax-commissioner shall be $4500.00 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 taxreceiver and tax-collector of Emanuel County, shall be turned over to the fiscal authorities of Emanuel County. Compensation of Tax Commissioner. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945. CITY COURT OF SPRINGFIELDJUDGE'S SALARY. REFERENDUM. No. 450. An Act to amend an Act entitled: An Act to amend `An Act to create the City Court of Springfield, in Georgia; to prescribe powers and duties thereof; to provide for the offices thereof; to provide for the compensation of said officers, and for other purposes; approved July 20, 1908, so as to increase the salary of the judge

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of said court, and for other purposes': so as to increase the salary of the judge of said court, and for other purposes, approved August 8, 1916, Georgia Laws 1916, page 295, so as to further increase the salary of the judge of said court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, Section 1 of an Act entitled, An Act to amend `An Act to create the City Court of Springfield, in and for the County of Effingham, in Georgia; to prescribe the powers and duties thereof, to provide for the officers thereof; to provide for the compensation of said officers, and for other purposes'; approved July 20, 1908, so as to increase the salary of the judge of said court, and for other purposes, Georgia Laws 1916, page 295, be, and the same is hereby amended by striking from said Section 1, of said Act the words, Nine hundred dollars per year where they occur in said Act, and insert in lieu thereof the words, twelve hundred dollars per year, so that when said section is so amended it shall read as follows: Section 1. Be it further enacted by the authority aforesaid, that there shall be a judge of said city court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold his office until January 1, 1911; after which date, except in case of a vacancy, the judge of said city court shall hold said office by virtue of his election, by the qualified voters of the County of Effingham, and shall hold his office for the term of four years, beginning January 1, 1911, and shall be elected every four years in the following manner: that the general election of county officers of 1910, and every four years thereafter, the qualified voters of Effingham shall elect a judge of said city court, who shall hold his office for four years after the first day of January 1911; the judge of said city court to be elected under the laws, rules and regulations governing the election of the Ordinary of Effingham County, and shall be elected every four years, in the same manner as ordinaries. Any vacancy in said office

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shall be filled by appointment of the Governor until the next general election, when a judge shall be elected to fill said unexpired term. The judge of said City Court shall receive a salary of twelve hundred dollars per year, which shall be paid monthly by the Treasurer of the County of Effingham, and it shall be the duty of the Commissioners of Roads and Revenues of said county, or other proper officers, to make provisions annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any other court except his own. Acts amended. Election and term of Judge. Compensation of Judge. Section 2. Be it further enacted, that before the provisions of this amendment shall become operative it shall be submitted to the qualified voters of the County of Effingham at the next general election, held in the State of Georgia, and if a majority of the voters voting at said election shall vote in favor of said amendment then the same shall be effective (30) thirty days after the date of said election, but if a majority shall not vote for said amendment, then the same shall be void. Those voting for said amendment shall have printed or written on their ballot, For Amendment Increasing Salary Judge City Court Springfield, and those voting against said amendment shall have printed or written on their ballot Against Amendment Increasing Salary Judge City Court Springfield. The election returns shall be made to the Ordinary of Effingham County who shall declare the results of said election. Referendum. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945. AUGUSTA MUNICIPAL COURTSHERIFF AND CLERK. No. 451. An Act to provide that the Sheriff and Clerk of the

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Municipal Court, City of Augusta, shall be appointed by the Judge of said court, to provide for the appointment of their deputies, to provide when this Act shall take effect, to repeal all laws in conflict with this Act, and for other purposes. Be it enacted by the General Assembly of Georgia as follows, to-wit: Section 1. That the Sheriff and the Clerk of the Municipal Court, City of Augusta, shall be appointed by the Judge of said court for a term of office to run concurrently with his own. Sheriff, Clerk, appointed by the Judge. Section 2. That this Act shall take effect at the end of the present term now being served by the Sheriff and the Clerk. Effective date. Section 3. The Sheriff and the Clerk of said court shall have authority, with the approval of the Judge of said court, to name their deputies who shall hold office at the pleasure of the said Sheriff or Clerk as the case may be subject to the approval of the Judge of said court. Deputies. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945. CITY COURT OF LOUISVILLE. JURY TRIALS. No. 452. An Act to amend an Act entitled An Act creating the City Court of Louisville, Georgia, for the County of Jefferson; to define its jurisdiction and powers, approved August 19, 1911, and appearing in Georgia Laws, Act of 1911, pages 277 to 293; so as to provide for the trial of civil and criminal cases before the Judge of the said court without a jury. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the

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authority of the same, that an Act entitled an Act creating the City Court of Louisville, Georgia, for the County of Jefferson, approved August 19, 1911, appearing in Georgia Laws of 1911, pages 277 to 293 inclusive, be and the same is hereby amended by striking from the said Act Section 15 thereof, and substituting in lieu thereof another section to also be known as Section 15, as follows: Be it further enacted by the authority aforesaid that the Judge of the said court shall have power and authority to hear and determine all civil and criminal cases of which the said court has jurisdiction, and to give judgment and execution therein; provided always, that either party in a civil case or the defendant in a criminal case, shall be entitled to a trial by jury in said court upon entering a demand therefor, by himself or his attorney, in writing, on or before the call of the docket the first day of the term of said court to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State; and provided further that the Judge of the said court may, in his discretion, refer any case, civil or criminal, to a jury for trial; and all cases tried by jury, both civil and criminal, shall be tried by jury of six, except as provided in Section 31 hereof. Act 1911 amended. New Sec. 15. Trials without a jury. Jury trials. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 9, 1945. MACON MAYOR'S SALARY. No. 453. 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

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necessary or proper all Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said Act described appearing on pages 1283 to 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927; and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section of said Acts, and specifically including an Act of amendment, change, and re-enactment set forth on page 1026 of the published Acts of the General Assembly of Georgia for 1933, and 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 1584, 1585 and 1586 of the published Acts of the General Assembly of Georgia for 1941; and said Acts set forth on pages 1425, 1426, 1427, 1428, and said Act of the General Assembly amending the charter of the city of Macon, set forth on pages 1425, 1426, 1427 and top of page 1428, Acts 1943, be and the same is hereby repealed, 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

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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 set forth on pages 1105 and 1106 of the published Acts of the General Assembly of Georgia for 1935, including also Section 3 of an Act of the General Assembly of Georgia set forth on pages 1141 and 1142 of the published Acts of the General Assembly of Georgia for 1939, and an Act set forth on pages 1584, 1585 and 1586 of the published Acts of the General Assembly of Georgia for 1941; and an Act of the General Assembly of Georgia set forth on pages 1426, 1427, and a portion of 1428, Acts of 1943 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 ($5,000.00) 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 be again 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

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necessary and expedient for the welfare thereof. He may call the Council together at any time when deemed necessary by him. He shall have an office at the City Hall and devote as much time as may be necessary to the business of the city each day, and shall not be absent from the State for a longer time than six (6) days together, without permission of the Council. Mayor's salary. Election and term of office. Incumbent eligible for re-election for one term. 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 9, 1945. COLLEGE PARK CHARTER AMENDMENTS. No. 454. An Act to amend an Act entitled: An Act to repeal all laws and amendments to laws heretofore passed, incorporating the City of Manchester; to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16, 1895, and the several Acts amendatory thereof; so as to provide for extension of corporate limits of said 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 Mayor and Council of the City of College Park, as contained in An Act to repeal all laws and amendments to laws heretofore passed, incorporating the City of Manchester; to provide for incorporating said city under the name of College Park; to prescribe its limits, extending them so as to take in a strip of land in Clayton County; to provide for a Mayor and Councilman, prescribe their powers and duties, and for other purposes, approved December 16, 1895, and all and the several Acts amendatory thereof, be, and the same are, hereby amended, as follows: Acts amended. Section 1. Be it enacted by the authority aforesaid that the corporate limits of said City of College Park be,

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and the same are, hereby extended beyond its present boundaries, so as to include the following territory, towit: All that tract of parcel of land lying and being in Land Lots 3, 4 and 5 of the 13th District of originally Henry now Fulton County, Georgia, also Land Lots 193, 194 and parts of 195 and 222 and all of 223 and 224 of the 14th District of originally Henry, now Fulton County, Georgia, and more particularly described as follows: Territorial limits extended. Beginning at the City Limits Line of College Park at the Southeast corner of Land Lot No. 5 which is the Southwest corner of Land Lot No. 6, and from this point running West along the South line of Land Lot 5 and along the South line of Land Lot No. 4 and Land Lot No. 3, all of the 13th District of originally Henry, now Fulton County, Georgia and continuing from the Southwest corner of Land Lot No. 3 which is the Southeast corner of Land Lot No. 2, running thence North from this point 2970 feet, more or less along the line between Land Lots Nos. 2 and 3 to the Northwest corner of Land Lot No. 3 which is the Northeast corner of Land Lot No. 2; thence running East along the North line of Land Lot 3 twenty-three (23) feet to the Southwest corner of Land Lot No. 224 which is the Southeast corner of Land Lot No. 225 of the 14th District of Fulton County, Georgia and running from this point North along the West Line of Land Lot 224 and Land Lot 223 and on the West Line of Land Lot 222 to a point 220 feet North of the Line of Land Lot 223, from this point thence running East parallel with Land Lot Line and 220 feet North of the North line of Land Lot 223 through Land Lots 222 and 195 to the East Line of Land Lot 195 which is the West Line of Land Lot No. 190, and from this point running South along the East Line of Land Lot 195 and 194, 305 feet to a point 65 feet South of the South side of Stone Road, thence East parallel to Stone Road and 65 feet South of the South side of Stone Road 300 feet to the center of Washington or Newnan Road which is the present City Limits Line of College Park; thence running Southwesterly along the City Limits Line on Newnan or Washington Road to the East Line of Land Lot No. 194; thence South along East line of Land Lot 194 to Southeast

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corner of Land Lot No. 194; thence West along the South Line of the present City Limits of Land Lot No. 194 and the North line of Land Lot No. 193, 570 feet; thence Southeasterly through Land Lot 193 and along City Limits Line of said City 2985 feet more or less to South line of Land Lot 193; thence East along the South line of Land Lot. No. 193 which is the North Line of Land Lot No. 4 and from this point running East along said City Limits Line and line of Land Lots 193 and 192 and North line of Land Lots Nos. 4 and 5 to the Northeast corner of Land Lot No. 5, thence South along the City Limits line which is the East line of Land Lot No. 5, and West line of Land Lot No. 6 to the Southeast corner of Lot No. 5, which is the Southwest corner of Land Lot No. 6 which is the point of beginning. Description of boundaries. Section 2. The jurisdiction of the Mayor and Council of the City of College Park, the municipal corporation aforesaid, is hereby extended over all the territory annexed by this Act, and the power and authority of said municipality, under its present charter and ordinances, and all laws appertaining to said municipality, are hereby extended over and made effective in every part of said territory. The power and authority of the officers of said municipality, and all other rights and powers necessary to carry out and enforce the laws and ordinances governing such municipality, are made coextensive with the limits thereof, as extended by this Act. The power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and in cases of default to sell the property upon which taxes are due, as now prescribed by charter and ordinances of said municipality are extended to all the limits included under the terms of this Act. Said new territory is likewise made subject to all the bonds heretofore issued by the Mayor and Council of the City of College Park, and is bound for the payment of bonds equally with the former territory of said municipality. Jurisdiction of Mayor and Council over new territory. Section 3. That the Mayor and Council of said City of College Park are hereby authorized and empowered, in their discretion, to include all or any part of said annexed

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territory in one or more of the wards of said city as at present constituted, or to create one or more wards out of said annexed territory, and to provide for representation from such new ward or wards on the Council of said city, and to pass such ordinances as may be advisable in readjusting said territory with the rest of said city. Wards to include added territory. Section 4. This Act shall not take effect until the expiration of twelve months from the date of its final passage and approval, to give the City of East Point and the City of College Park a reasonable length of time or such time as the representatives of said municipalities can get together or arbitrate, in which to make necessary changes and adjustments in electric, water and sewer services in the affected area annexed by this Act to the City of College Park. Effective date. Section 5. The City of East Point shall be paid by the City of College Park just and adequate compensation for all electric, water and sewer facilities, poles, pipe, lines and equipment now located in the affected area to be annexed to the City of College Park under this charter amendment. The City of College Park and the City of East Point shall try to arrive at a fair and equitable basis for determining what is just and adequqate compensation for the City of East Point water, light and sewer facilities in the affected area to be annexed to the City of College Park by this charter amendment, within ninety days from the date of the approval of this amendment by the Governor of Georgia, but if said cities have not arrived at an agreement upon a basis satisfactory to both of them for determining what is just and adequate compensation to be paid to the City of East Point by the City of College Park for said properties and facilities of the City of East Point, then and in that event the amount of just and adequate compensation to be paid the City of East Point shall be determined by a board of arbitration. Said board of arbitration shall be composed of two arbitrators selected by the City of East Point, two arbitrators selected by the City of College Park, and a fifth arbitrator selected by the four arbitrators

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so selected by said cities. The judgment or determination of any three of said arbitrators shall be the judgment of said board on the questions submitted for arbitration, and the only questions submitted shall be what is just and adequate compensation for the City of College Park to pay the City of East Point for the electric, water and sewer lines, pipe, poles and other properties and improvements in said affected area to be annexed to the City of College Park under this Act. East Point to be compensated for facilities. Arbitration for value of facilities. The selection of arbitrators by each of said cities shall be in writing and a certified copy thereof shall be furnished by each city to the other city within thirty days from the date when mutual efforts to settle the matters involved have failed and it has become their duty under this Act to appoint arbitrators. It shall be the duty of each of said cities to spread its own acts upon the Minutes of its governing body, and also to spread upon such Minutes the selection or appointment of arbitrators by the other city. Said arbitrators appointed by the respective cities shall meet in the Assembly Room of the Fulton County Court House, which is known as Room 405 in said Court House, at three o'clock p. m., Atlanta time, on the first Thursday next after the third Monday of the first month following the month in which the last of such arbitrators were selected by either of said cities, and select a fifth arbitrator. No one shall be selected as the fifth arbitrator on said board who shall have any connection with or interest in the Georgia Power Company, the City of Atlanta, or Fulton County; provided, the residence of such person in the City of Atlanta shall not disqualify anyone to act as such fifth arbitrator; and provided further that such fifth arbitrator shall be a disinterested and impartial arbitrator. When all of said arbitrators shall have been selected as above provided, they shall be sworn to do equal and impartial justice between the City of East Point and the City of College Park in the matter of fixing just and adequate compensation to be paid to the City of East Point by the City of College Park for the electric, water and sewer lines, poles, properties and improvements of the

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City of East Point now located in the area to be annexed to the City of College Park by the charter amendment of 1945 extending the city limits of the City of College Park. This oath shall be taken and subscribed by each of said arbitrators in the presence of some officer authorized by law to administer oaths in Fulton County, Georgia, and the same shall be filed with each of said cities and entered on their respective Minutes. It shall be the duty of said arbitrators selected, sworn and qualified, to make careful investigation of the electric, water and sewer, poles, lines, pipe, and improvements in order to determine what is just and adequate compensation to be paid for the same, and to this end said arbitrators shall go into the area to be annexed to the City of College Park under the charter amendment and see, investigate, examine, inventory and appraise said lines, poles, pipe, properties and improvements. Said board of arbitrators shall hear evidence as to the cost and values, giving each of said cities an equal opportunity to present evidence of said matters. Only material and pertinent matters shall be considered by said arbitrators, but due regard shall be exercised for all material, pertinent or relevant matters and conditions which affect value under the laws of this State, as in cases of condemnation under the power of eminent domain. The findings and valuation arrived at by said board of arbitrators shall be in writing and filed in duplicate with the City Council of each of said cities within ten days after the date of such findings. Either city dissatisfied with said findings of said board of arbitrators may appeal such findings to the Superior Court of Fulton County, Georgia, within thirty days from the date of the filing of such findings of said board of arbitrators with the City Council of such city dissatisfied with such findings. Said appeal shall be in writing, and shall state briefly that such appealing city is dissatisfied with the judgment of said board of arbitrators and desires that the value of said properties and improvements of the City of East Point located in the area to be annexed to the City of College Park, be fixed by the Superior Court of

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Fulton County, Georgia, whereupon it shall be the duty of the Superior Court of Fulton County, or one of the Judges thereof, within thirty days from the date of such appeal to impanel a special jury of impartial jurors to hear and determine the question of valuation of said properties and improvements as if it had never been gone into by a board of arbitrators. Said trial on appeal to the Superior Court shall be in all respects as if the court were trying an appeal in a condemnation proceeding brought by either of said cities against any private individuals to condemn private property for public use. Appeal to Superior Court for findings of arbitrators. Jury trial. Either city dissatisfied with the judgment of the Superior Court on appeal shall have the right to carry the matter by bill of exceptions to the Court of Appeals or the Supreme Court of this State as in cases of condemnation under the power of eminent domain. Bill of exceptions Supreme Court or Court of Appeals. It is understood that East Point will continue existing services and facilities, until final settlement. Section 6. By amending Section 1 of said Act, as follows: Part of the description relating to the lines of land to be annexed is hereby amended so as to show that the north lines run parallel with Stone Road to said annexed property shall extend to a point 220 feet south of the north side of Stone Road, and not 220 feet north of the south side of Stone Road, as formerly written; and said section is hereby amended by striking in said Paragraph Two of said Section on Page Two of said Act all of lines or sentences thereof, to-wit: 12, 13, 14, 15, 16 and 17, which read as follows: Amended description of boundaries. and Land Lot 223 and on the West Line of Land Lot 222 to a point 220 feet North of the Line of Land Lot 223, from this point thence running East parallel with the Land Lot Line and 220 feet North of the North Line of Land Lot 223 through Land Lots 222 and 195 to the East Line of Land Lot 195 which is the West Line of Land Lot No. 190, and from this point running South along the and inserting in lieu thereof so that said lines and sentences

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when amended shall read as follows, beginning at Line 12 on Page Two of said Act in Paragraph Two: and part of Land Lot 223 to a point 220 feet South of the North corner of Land Lot 223, from this point thence running East parallel with Land Lot Line, 220 feet South and parallel with the North Line of Land Lots 223 and 194 to the East Line of Land Lot 191, which is the West Line of Land Lot 191, and from this point running south along the. Section 7. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the foregoing amendment, be, and the same are, hereby repealed. Approved March 9, 1945. MONROE TAX COMMISSIONER'S COMPENSATION. No. 455. An Act to amend an Act approved August 28, 1931 (Ga. Laws 1931, page 538), entitled, An Act to abolish the office of Tax Collector and Tax Receiver, in and for the County of Monroe, and to create in their stead a County Tax Commissioner for Monroe County, Georgia, as amended by an Act approved March 12, 1935 (Ga. Laws 1935, page 726), and further amended by an Act approved March 6, 1939, (Ga. Laws 1939, page 685), as authorized by the General Assembly of Georgia in an Act approved August 18, 1924, and ratified as constitutional amendment, Article II, Section 3, Paragraph 1, to define the powers and duties of said Tax Commissioner; to provide the amount of his compensation and method and time of payment; to provide for the collection of taxes, fees, costs, and commissions and due to such officer when such officer goes into office, to designate where funds collected by the Tax Commissioner shall be deposited and to whom paid, to define the terms of office of such Commissioner and how elected, and to provide for filling vacancies in such offices,

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to fix the amount and kind of bond to be given by such officer, and to provide for reports for the State; and for other purposes, by striking all of Section 5, Acts 1939, pages 685-686-687, which prescribed the compensation of the Tax Commissioner of Monroe County and inserting in lieu thereof a new section, fixing the compensation of the Monroe County Tax Commissioner, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 4 of the Act of 1931 relating to the Tax Commissioner of Monroe County, (Ga. Laws 1931, page 540) shall be striken in its entirety and a new section inserted to read as follows: Sec. 4, Act 1931, p. 540 stricken. Section 4. Be it enacted by the authority aforesaid, that from and after the approval of this Act, the Tax Commissioner of Monroe County shall pay into the county treasurer all commissions, fees, fi.-fa. costs and all compensation heretofore allowed said Tax Commissioner, Tax Collector and Tax Receiver, by the State of Georgia, except that said Tax Commissioner shall be allowed to retain all commissions from the State for the collection of special taxes due said State as provided for in Code Section 92-5303 of the Code of Georgia of 1933, and commissions on the collection of corporation taxes as provided in Section 92-2401 of the Code of Georgia of 1933. New Sec. 4. Fees paid into county treasury. Section 2. That Section 5 of the Acts of 1931 relating to the Tax Commissioner of Monroe County, (Ga. Laws 1931, page 540) and as amended by Act approved March 12, 1935 (Ga. Laws, page 726) and further amended by Act approved March 6, 1939, (Ga. Laws 1939, page 685) be and the same is hereby striken in its entirety and a new section inserted in lieu thereof to read as follows: Sec. 5 Act 1931 stricken. Section 5. Be it further enacted by the authority aforesaid, that said Tax Commissioner of Monroe County, Georgia, shall receive as additional compensation to be paid by Monroe County, in addition to commissions on the collections of special taxes for the State, as provided in Section 4, herein, the amount of $1800.00 per annum. And

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in addition thereto said Tax Commissioner shall receive the commissions allowed by Code Section 92-5304 of the Code of Georgia, providing on all taxes collected in excess of 90% of the total of taxes due, according to the tax net digest, the Tax Commissioner's commission shall be for such taxes 10% of all such collections. The provision of this Act and the compensation herein provided shall be applicable for the whole of the year of 1945 and subsequent years. New Sec. 5. Additional compensation. Commission allowed by 92-5304. Section 3. That Section 6 of the Acts of 1931 relating to the Tax Commissioner of Monroe County, (Ga. Laws 1931, page 540) shall be striken in its entirety and a new section inserted to read as follows: Sec. 6, Act 1931 stricken. Section 6. Be it further enacted by the authority aforesaid that the compensation for said Tax Commissioner as stated in Sections 4 and 5 supra, shall be in full for any and all fees, costs, commissions or other charges for all services rendered by said Tax Commissioner, including any and all duties performed in the collection of all county school taxes. The salary of $1800.00 shall be paid in equal monthly installments of $150.00 each by county warrant issued by the fiscal authorities of said county. New Sec. 6. Compensation to be in lieu of all fees, costs, etc. Section 4. That Section 7 of the Act of 1931 relating to the Tax Commissioner of Monroe County, (Ga. Laws 1931, page 541) shall be striken in its entirety and a new section inserted to read as follows: Sec. 7, Act 1931 stricken. Section 7. Be it further enacted by the authority aforesaid, that the Tax Commissioner, immediately upon receipt of the same, shall pay into the county treasury all fees, costs, commissions, from all sources except as allowed to be retained by him in Sections 4 and 5 hereof. New Sec. 7. Section 5. That Section 9 of the Act of 1931 relating to the Tax Commissioner of Monroe County (Ga. Laws 1931, page 540-546) shall be amended by striking the last sentence thereof, reading as follows: The said Tax Commissioner shall be allowed to give a personal or surety bond; provided such bond as given must be approved by the Ordinary of Monroe County, and inserting in lieu thereof the following sentence: Sec. 9, Act 1931 amended.

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The said Tax Commissioner shall give a surety company bonds to be approved by the Ordinary of Monroe County, and the premium on said bonds shall be paid by the fiscal authorities of said county, so that Section 9 when amended shall read as follows: Bond. Section 9. Be it further enacted by the authority aforesaid, that the said Tax Commissioner of Monroe County shall be required to take the same oath as is now required of tax collectors and tax receivers in this State; and such Tax Commissioner of Monroe County shall give the bond required by the State of Georgia, and such bond to Monroe County as is now required under existing laws for tax collectors; provided that the amount of the bond payable to Monroe County, or the ordinary of said county, shall not exceed the amount now required of the Tax Collector of Monroe County. The said Tax Commissioner shall give a surety company bonds to be approved by the Ordinary of Monroe County, and the premium on said bonds shall be paid by the fiscal authorities of said county. Oath. Section 6. That all laws and parts of laws in conflict with this Act are hereby amended. [sic] Approved March 9, 1945. WAYCROSS SCHOOL TAX. REFERENDUM. No. 456. An Act to amend the Act approved July 29, 1919, and the Act approved August 15, 1921, and the Act approved August 14, 1923, which said Acts amend the Act of October 22, 1887, as amended by the Act of December 26, 1888, creating a public school system for the City of Waycross, by amending Section 1 of Act approved July 29, 1919, and also Section 1 of the Act approved August 15, 1921, so as to fix the limit of taxation in the City of Waycross for school purposes at fifteen (15) mills instead of ten (10) mills as provided in said Act, and to provide for the submission of this Act allowing the increase in tax rate for school purposes to the qualified voters of the City of Waycross

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at a special election to be held on some date to be designated by the Commission of the City of Waycross as provided in Article 8, Section 4, Paragraph 1 of the Constitution of Georgia; and to give the Board of Education the right and authority to fix the rate of taxation in the City of Waycross for school purposes not to exceed 15 mills. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, that the Act approved July 29, 1919, which amended the Act of October 22, 1887, as amended by the Act of December 26, 1888, creating a public school system for the City of Waycross be and the same is hereby amended by striking out all of Section 1 of said Act approved July 29, 1919, and inserting in lieu thereof the following: Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that the Act of October 22, 1887, as amended by the Act of December 26, 1888, creating a public school system in the City of Waycross, as amended by the Act approved July 29, 1919, be and the same is hereby further amended so as to fix the limit of taxation in the City of Waycross for school purposes at fifteen (15) mills, and that Section 1 of the Act of October 22, 1887, and Section 7 of the Act of December 26, 1888, and Section 1 of the Act of July 29, 1919, be and the same are hereby amended, fixing the limit of taxation at fifteen (15) mills instead of ten (10) mills, so that when said sections are amended they shall read as follows: That the Commission of the City of Waycross, Ware County, Georgia, is hereby authorized and required to levy a tax annually in addition to that now authorized by law for other purposes not to exceed fifteen (15) mills on all real and personal property of said city for the purpose of maintaining public schools in and for said City of Waycross; provided, the sum so raised shall be used only for the purpose of maintaining and operating the public schoools in the City of Waycross. Acts amended. School tax limit 15 mills. Tax used only for school purposes. Section 2. Be it further enacted by the authority aforesaid, that the Act approved August 14, 1923, which amended the Act approved August 15, 1921, which

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amended the Act of October 22, 1887, as amended by the Act of December 26, 1888, as further amended by the Act of July 29, 1919, creating a public school system in the City of Waycross, be and the same is hereby amended by striking out the words Ten Mills and wherever they occur in said Act insert in lieu thereof the words Fifteen Mills, and by striking out the words mayor and council of said city wherever they appear in said Act and inserting in lieu thereof Commission of the City of Waycross, so as to fix the limit of taxation in the City of Waycross for school purposes at fifteen (15) mills instead of ten (10) mills. School tax rate. Section 3. Be it further enacted by the authority aforesaid that this Act shall be submitted to the qualified voters of the City of Waycross for their approval, for which purpose the City Commission of the City of Waycross shall order a special election to be held on some date to be designated by said Commission in a resolution or ordinance of the Commission of the City of Waycross which said resolution or ordinance of the Commission of the City of Waycross shall set forth the rate of taxation now in force and the rate of the proposed increase, the date of the proposed election and the rules and regulations governing same and the qualifications of voters. Notice of such election shall be published in a newspaper in said City of Waycross at least once a week for two weeks before the election. At said election those in favor of the approval of this Act shall have written or printed on their tickets: For increased taxation for public school purposes, and those against this Act and of the approval of the same shall have written or printed on their tickets: Against increased taxation for public school purposes. The managers of said election shall make return to the Commission of the City of Waycross, whose duty it shall be at their first regular meeting thereafter, to open same, to declare the result, and record same in the book of their proceedings, and if two-thirds of those voting at said election as provided in the Constitution of Georgia, shall be in favor of the increased taxation then this Act

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shall become operative, and said Commission of the City of Waycross and the Board of Education of the City of Waycross shall proceed to carry out their respective duties under same. Should this Act as amended fail of adoption, said Commission of the City of Waycross shall submit the same to another election after the lapse of twelve months from the first election. Referendum. Section 4. Be it further enacted by the authority aforesaid that all provisions of law as provided in the Act of October 22, 1887, as amended by the Act of December 26, 1888, as amended by the Act of July 29, 1919, as further amended by the Act of August 15, 1921, as further amended by the Act approved August 14, 1923, and other Acts amendatory thereof, shall be and remain in full force and effect, except such provisions as are repealed or specifically amended by this Act. Acts still of force. Section 5. Be it enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1945. JENKINS TAX COMMISSIONER'S COMPENSATION. No. 457. An Act to amend An Act to create the office of Tax Commissioner of Jenkins County, Georgia to provide and fix the compensation of said office and for other purposes, so as to remove the limitation on the salary of the Tax Commissioner of Jenkins County, Georgia. 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 the office of Tax Commissioner Jenkins County, Georgia (Georgia Laws 1943, pages 1061, 1062) be amended by striking therefrom Section 4 in its entirety and substituting in lieu thereof the following amended section reading as follows: Sec. 4, Act 1943, stricken. Section 4. Be it further enacted by the authority

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aforesaid that the salary of the Tax Commissioner shall be fifteen hundred dollars ($1500.00) per annum payable monthly effective March 1, 1945, plus any and all commissions received from the receiving and 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. New Sec. 4. Salary of Tax Commissioner. Fees allowed. 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 9, 1945. ROCKDALE COMMISSIONER AND ADVISORS. COMPETITIVE BIDS. No. 458. An Act to amend an Act entitled an Act to create the office of Commissioner of Roads and Revenue for the County of Rockdale; to provide for the election of a Commissioner, etc., and for other purposes, approved February 18, 1941 (Georgia Laws 1941, pp. 952-958) by striking Sections 3 and 19 in their entirety and substituting two new sections to be numbered 3 and 19, which will change the advisors from districts other than the district of the Commissioner to any district in the county; and which will change the competitive bids being advertised from $100.00 to $1000.00; 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 3 of the Act approved February 18, 1941 (Georgia Laws 1941, pp. 952-958) be and the same is hereby stricken in its entirety and a new Section 3 substituted in lieu thereof to read as follows: Sec. 3, Act 1941, pp. 952-958, stricken.

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Section 3. Two advisors shall be named by the Grand Jury of Rockdale County after the election of said Commissioner, to serve terms concurrent with the Commissioner so elected. The said advisors shall have been residents of Rockdale County for at least two year previous to his appointment. New Sec. 3. Advisors named by Grand Jury. Section 2. That Section 19 of the Act approved February 18, 1941 (Georgia Laws 1941, pp. 952-958) be and the same is hereby stricken in its entirety and a new Section 19 substituted in lieu thereof to read as follows: Sec. 19, Act 1941, stricken. Section 19. It shall be unlawful for said Commissioner to contract with any person related to him within the third degree by blood or marriage, or to purchase from such person equipment, material or supplies, except the same be upon competitive bids and the person so related submits the lowest bid therefor. New Sec. 19. Contracts with relatives of Commissioner prohibited. (a) All purchases of supplies and other materials of an amount in excess of $200.00 shall be agreed upon by the Commissioner and his advisors and must be in writing signed by the Commissioner and his advisors and recorded upon the minutes of the Commissioner's records. Purchases in excess of $1000.00 shall be by competitive bids. The Commissioner shall publish in the county newspaper a notice of whatever supplies and material needed that cost in excess of $1000.00, not less than two weeks before the purchase of same, and written bids shall be submitted to the Commissioner and his advisors for the sale and the delivery of such supplies, but they shall have the right to reject any and all bids if they see proper to do so. However, in the event of any emergency, the above provision may be waived by the Commissioner and his advisors agreeing in writing that an emergency exists and that said supplies are needed for the County of Rockdale and that the purchase price for the said needed materials in such emergency is the best obtainable at the time; said agreement signed by the Commissioner and his advisors to be entered upon the minutes of the County Commissioner's records. Purchases of supplies in excess of $200 to be in writing. Competitive bids where purchases are in excess of $1,000. Provision waived in emergencies.

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Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1945. CLERK OF SOLICITOR OF CITY COURTS IN CERTAIN COUNTIES. No. 459. An Act to provide for the appointment of a clerk for the office of the Solicitor of the City Court of all counties of this State having a population of not less than 81,000 and not more than 83,000 according to the United States Census of 1940 or any future United States Census, to provide for such clerk's authority, duties and compensation, and 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 81,000, and not more than 83,000 according to the United States Census of 1940 or any other future census of the United States, the Solicitor of the City Court of said county shall have the right and authority to appoint a clerk for the office of the Solicitor of said City Court, to serve at the pleasure of the Solicitor. Population. Clerk appointed by Solicitor of City Court. (2) The said clerk shall have such authority and perform such duties as may be delegated or required by the appointing Solicitor. Authority and duties. (3) The salary of such clerk shall be $75.00 per month to be paid monthly out of the county treasury of the county of such clerk's appointment. Salary. 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 9, 1945.

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HARALSON COMMISSIONER'S SALARY AND EXPENSES. No. 460. An Act to amend the amendment approved March 4, 1935, of an Act entitled an Act to create a Board of Commissioners of Roads and Revenues and for other purposes, for the County of Haralson, State of Georgia, approved August 16, 1915, so that said Act, when so amended, shall fix the salary and expenses of said Commissioner of Roads and Revenues; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act approved March 4, 1935, which Act amended an Act approved August 16, 1915, be and the same is hereby amended as follows: Section 10 of said Act approved March 4, 1935, is hereby repealed and the following substituted in lieu thereof: Said Commissioner shall be elected at the same time and place as other county officers of said county. He shall give his personal attention to the duties of supervising the public roads of said county, and to the duties of managing the fiscal affairs of said county, and shall receive a salary of $1500.00 per annum, and he shall also, in addition to the above salary, receive $62.50 each month for the expenses he incurs in traveling in said county in the performance of his official duties. He shall be allowed the further sum of $25.00 per month for the salary of his clerk. This salary, expenses, and allowance for clerk shall be due and payable to the duly constituted Commissioner of Roads and Revenues of said county now in office, on and after the approval of this Act, and starting with the second quarter of the present year, and to his successors in office. Said sums shall be paid by said Commissioner of Roads and Revenues by his order, duly signed, quarterly during each year. Said Commissioner of Roads and Revenues shall meet at 9 o'clock a. m. on the first Tuesday of each month, and may adjourn to a subsequent

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day, or he may, in his discretion, call a special meeting of said Board. Election. Duties. Salary and expenses. Clerk. Meetings. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the Act be and the same are hereby repealed. Approved March 9, 1945. CORONER'S ASSISTANTS, FEES AND EXPENSES. No. 461. An Act to amend an Act approved August 13, 1921 (Acts 1921, page 189) entitled An Act to increase the fees of coroners, constables and jurors, for services in connection with the holding of inquests in certain counties, and for other purposes by changing the limit upon the amount of fees collectible by coroner in such counties; to provide that in such counties the governing authorities shall have the right to furnish an office, equipment, supplies, and clerical assistants to the coroner; 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 approved August 13, 1921, entitled An Act to increase the fees of coroners, constables and jurors, for services in connection with the holding of inquests in certain counties, and for other purposes (Acts 1921, page 189) be and the same is hereby amended by striking from Section 2 of said Act the last sentence thereof and inserting in lieu of said sentence the following: Act 1921, p. 189, amended. In such counties, coroners shall be entitled to draw the fees provided in Section 1 of this Act and fees provided by law for other services required of them until such fees amount in the aggregate to $5,000.00 per annum. Fees allowed up to $5,000 per annum. Provided further, in all such counties, the authorities in charge of county affairs shall have the right to furnish

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an office, office equipment, office supplies, and clerical assistants to the coroner of such county, and to pay the expense of same from the treasury of such county in the same manner that offices, office equipment, office supplies, and clerical assistants are furnished other county officers of such county. Office, assistants and expenses. So that said section as amended shall read as follows: Be it further enacted by the authority aforesaid, that that portion of Section 1141 of the Penal Code of 1910, which provides that No coroner shall receive out of the county treasury of any county more than fifteen hundred dollars per annum, either as fees for holding inquests, or for burying the dead bodies shall not apply in counties having a population of 200,000 or more. In such counties, coroners shall be entitled to draw the fees provided in Section I of this Act and fees provided by law for other services required of them until such fees amount in the aggregate to $5,000.00 per annum. Penal Code 1910 1141, shall not apply in counties having population of 200,000 or more. Provided further, in all such counties, the authorities in charge of county affairs shall have the right to furnish an office, office equipment, office supplies, and clerical assistants to the coroner of such county, and to pay the expense of same from the treasury of such county in the same manner that offices, office equipment, office supplies, and clerical assistants are furnished other county officers of such county. Office expense paid from county treasury. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 9, 1945. SHERIFF'S ADDITIONAL COMPENSATION IN CERTAIN COUNTIES. REFERENDUM. No. 462. An Act to authorize and direct the authority having control

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of the expenditure of county funds and/or other proper officials in all counties in the State of Georgia having a population of not less than 20,490, and not more than 20,500, according to the Federal Census of 1940 or any other future Federal census, because of the extra duties imposed on such Sheriffs by reason of national defense activities, to pay the Sheriffs of said counties the sum of $50.00 per 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 authority of the same: Section 1. That from and after the passage and approval of this Act, the authority having control of the expenditure of county funds and/or other proper officials of all counties in the State of Georgia having a population of not less than 20,490 and not more than 20,500, according to the Federal Census of 1940 or any other future Federal census, because of the extra duties imposed on such Sheriffs by reason of national defense activities, are authorized and directed to pay to the Sheriffs of said counties the sum of $50.00 per month in addition to the fees and compensations now paid to said Sheriffs. Population. Sheriffs' additional compensation. Section 2. Be it further enacted that this Act shall not become effective until approved by a majority of the qualified voters of Brooks County, Georgia, voting at the next general election to be held in August, 1945, as provided by law, and, provided further, that if said bill receives a majority vote in said election it shall become effective immediately thereafter and shall remain in effect until six months after the duration of the present World War. Referendum. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1945.

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MACON ELECTIONS. No. 463. 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, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper all Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes, said Act described appearing on pages 1283 to 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927; and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section of said Act or 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 12 of the Act of the General Assembly of Georgia approved August 3, 1927, and as said section is set forth on pages 1298 and 1299 of the published Acts of the General Assembly for 1927, and as the same may have been amended, re-enacted or changed, be and the same is hereby amended in the following respects: Acts amended. By striking from said section the following words, figures, signs and symbols; That at all city elections, the polls shall open at 6 o'clock a. m., and close at 6 o'clock p. m. Hours for holding elections. And by inserting in lieu of such stricken portion of the section, the following words, figures, signs and symbols; That at all city elections, the polls shall open at 7 o'clock a. m., and close at 7 o'clock p. m. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1945.

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SHERIFFS' AND SUPERIOR COURT CLERKS' ADDITIONAL COMPENSATION IN CERTAIN COUNTIES. No. 464. An Act to authorize and permit the Board of County Commissioners or other authority having control of the expenditure of County funds in all Counties in the State of Georgia having a population of not less than 8,330 and not more than 8,340, according to the Federal Census of 1940, or any other future Federal Census, to pay the Sheriffs of said Counties, because of additional duties placed on said Sheriffs by reason of the national emergency, a salary in addition to the fees and compensations now paid to said Sheriffs, such additional salary to be fixed by the Board of County Commissioners or other authority having control of the expenditure of County funds in said Counties, but not to exceed $150.00 per month; the authorities having control of expenditures of county funds in said county may in their discretion provide compensation for the Clerk of the Superior Court in addition to the fees allowed by law as provided herein for Sheriffs in such counties; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage and approval of this Act, the Board of County Commissioners or other authority having control of the expenditure of County funds in all Counties in the State of Georgia having a population of not less than 8,330 and not more than 8,340, according to the Federal Census of 1940, or any other future Federal Census, are authorized and permitted to pay the Sheriffs of said Counties, because of additional duties placed on said Sheriffs by reason of the national emergency, a salary in addition to the fees and compensation now paid to said Sheriffs, such additional salary to be fixed by the Board of County Commissioners or other authority having control of the expenditure of County funds in said Counties, but not to exceed $150.00

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per month. The authorities having control of expenditures of county funds in said county may in their discretion provide compensation for the Clerk of the Superior Court in addition to the fees allowed by law as provided herein for Sheriffs in such counties. Population. Sheriffs' and Superior Court Clerks' additional compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1945. WADLEY TERRITORIAL LIMITS EXTENDED. No. 465. An Act to amend an Act entitled An Act to incorporate the town of Wadley, in the County of Jefferson, and to appoint Commissioners for the same; to define the corporate limits of said town, and confer certain powers upon the officers of said corporation, approved February 21, 1876, and amended by an Act entitled An Act to consolidate, amend and supersede the several Acts incorporating the Town of Wadley, in the County of Jefferson, and the Acts amendatory thereof; to fix the corporate limits, to provide for Mayor and Councilmen, and to define their powers and duties; to confer additional powers upon the Mayor and Council of said town; to provide for the establishment and maintenance of a system of waterworks, sewerage and electric lights for said town; to repeal conflicting laws, and for other purposes, approved August 23, 1905. 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 foregoing Act approved February 21, 1876, be amended as herein provided and that Sections 16 and 17 of the foregoing Act approved August 23, 1905, be amended by striking the said Sections 16 and 17, and substituting in lieu thereof the following, to be known as Sections 16 and 17: Acts amended. Section 16. Be it further enacted by the authority

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aforesaid and it is hereby enacted by the authority of the same, that the corporate limits and boundaries of the said City of Wadley, Georgia, shall be as follows, to-wit: Beginning at the point where Boggy Gut Creek flows into Williamson Swamp Creek, thence up Williamson Swamp Creek along the meanderings of the said creek to the point where Beasly's Branch empties into Williamson Swamp Creek; thence up the said Beasly's Branch, and the East prong of the said Branch where the same forks, to a stake on the Old Bartow Road; thence South 88 Degrees East 650 Feet; thence North 89 Degrees East 520 Feet; thence North 74 Degrees East 857 Feet; thence North 66 Degrees 800 Feet; thence North 87 Degrees 10 Minutes East 7566 Feet to a stake on Boggy Gut Creek; thence down Boggy Gut Creek along its meanderings to the point of beginning. Territorial limits defined. Section 17. The waters of the said streams referred to in the foregoing section as boundaries of the City shall be included within the city limits, so that the said corporate limits and boundaries shall in each instance extend to the opposite banks of the said streams from the said City. All the area contained in the above designated limits shall be within the municipal limits of the said City of Wadley, Georgia. 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, 1945.

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PART III - RESOLUTIONS

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SCHOOLSADDITIONAL APPROPRIATION. No. 1. A RESOLUTION Whereas, before the opening of schools of the school term 1944-45 the educational administrators of the State of Georgia were faced with a serious situation with reference to properly staffing the various schools of the State in order to provide educational advantages to our school children, and Preamble. Whereas, it was determined that one of the main reasons for the inability to obtain teachers was the low salaries afforded our teachers, in comparison with salaries offered in other fields of endeavor, and Whereas, the State Board of Education recommended that it would be desirable and in the interest of furnishing proper educational facilities to our boys and girls to provide nine months teachers pay for those schools operating seven months; ten months teachers pay for those schools operating eight months; eleven months teachers pay for those schools operating nine months; $100,000.00 annually for the establishment of a State Vocational Trade School and $100,000.00 annually for the establishment of a rural library program, and Whereas, under date of July 13, 1944 the Honorable Ellis Arnall, Governor of Georgia, did concur in the recommendations of the Board of Education and authorized the Board to promulgate the necessary changes to carry into effect the increased aid to schools for the year 1944-1945 subject to approval of the General Assembly, and Whereas, to provide the necessary additional funds to schools when authorized by the General Assembly, the Honorable Ellis Arnall, Governor of Georgia, did cause the Budget Bureau to set aside and reserve funds in the amount of $3,348,000.00 for the school year 1944-1945 to cover the increase of teachers salaries and other aid. Therefore, be it Resolved by the House of Representatives, the Senate concurring, that the Governor be authorized

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and directed to transfer the $3,348,000.00 from the reserve fund to the credit of the appropriation account of the State Department of Education for the school year 1944-1945 and that the Governor be further authorized to make future transfers of such funds as may be available for the same purposes for the school year 1945-1946. Schools' additional appropriation. Approved January 25, 1945. POSTWAR MILITARY ESTABLISHMENT. No. 2. A RESOLUTION. Adopted by the General Assembly of the State of Georgia memorializing the Congress of the United States on the Postwar Military establishment and the status of the National Guard. Whereas, the Congress of the United States is now confronted with the task of enacting future Legislation which has as its purpose Postwar Military Organization, and Whereas, the Military Policy and the character, composition and size of the Military Establishment of the United States is a matter of vital importance to the people of Georgia, the Several States and territories of the Union as well as to those of the Nation, and Whereas, the decisions to be arrived at by the Congress in this matter will be predicated upon the powers granted to the Congress under the Militia clauses as well as the Army clauses of the Constitution, and will directly affect the Military Establishments of the Several States, and the relationship of these State Forces to the Army of the United States, and Whereas, the Legislation to be enacted in this matter by the Congress will apply to a Postwar America and when America is at peace. Now be it therefore resolved by the Senate of the State of Georgia, the House of Representatives concurring,

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That the Congress in considering Military Organization is respectively [sic] urged to retain the basic principles and policies as promulgated by the National Defense Act of 1916 as amended, and in cogent acts, especially the provisions of the Selective Training and Service Act of 1940 relating to the status of the National Guard as an integral part of the first line of defense of the Nation. Military Organizations. That the three Civilian Components of the Army of the United States, the National Guard, the Officers' Reserve Corps and the Organized Reserves be preserved and expanded in the Postwar Military Organization. Be it further resolved that we advocate, in the event that a system of Universal Military Training be included in the Postwar Plan for the Military Establishment, that such training be integrated with the Civilian Components of the Army and specifically the National Guard, the Officers' Reserve Corps and the Organized Reserves. Universal military training. And be it further resolved that in the discussion of the Postwar Military Policy and the form of the Military Establishment, the fullest opportunity, consistent with existing conditions, be accorded the officers and men of all components of the Army, who are or who have been serving with the Armed Forces in time of war, to express their views on this most important matter to the end that this Nation will adopt a sound military policy consistent with our traditions and which will afford the utmost security to the Nation. Armed Forces. Approved February 2, 1945. POET LAUREATE. No. 3. A RESOLUTION. Whereas, The Honorable Ellis Arnall, Governor of Georgia, did on the 16th day of November, 1944, designate and appoint the Hon. Oliver F. Reeves as Poet Laureate of Georgia; and Preamble.

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Whereas, the said Ollie Reeves has made worthwhile contribution to the poetic realm by reason of his exemplary and outstanding capabilities; and Whereas, By virtue of his Poet Laureateship Georgia and the people of the State are honored: Be it resolved by the Senate, the House of Representatives concurring, that the appointment of the said Oliver F. Reeves as Poet Laureate of Georgia to succeed the late lamented Wightman F. Melton be and the same is hereby ratified and confirmed and the said Oliver F. Reeves is officially designated as Georgia's Poet Laureate. Poet Laureate. Approved February 2, 1945. RECONVEYANCE TO MACON COUNTY. No. 4. A RESOLUTION. Whereas, on the 2nd day of November, 1938 the property herein described by the attached deed was conveyed without cost or expense to the State of Georgia by the County of Macon to be used for park purposes; and Preamble. Whereas, Prior to said conveyance by Macon County to the State of Georgia, Macon County had purchased said property, paid for same, and had deeded said property to the State of Georgia for park purposes upon the promise by the State of Georgia to improve and develop said property so that it would benefit and become a paying proposition to the County of Macon; and Whereas, The State of Georgia has failed to develop said property or use the same for park purposes for which said lands were deeded or for any other public purpose; and Whereas, It appears that Macon County and its citizens will suffer a loss estimated to be approximately $8,000.00 as a result of the failure of the State of Georgia to act in the premises.

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Therefore, be it resolved, and it is hereby 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 described in the attached copy of the original deed from Macon County to the State of Georgia, to Macon County immediately upon the passage and approval of this resolution. Deed to Macon County. Be it further resolved, that immediately upon the execution and delivery of such deed, the title to the land described herewith shall vest in Macon County. STATE OF GEORGIA, COUNTY OF MACON. This indenture made, this 2nd day of November, 1938, between Macon County, a Municipal division of the State of Georgia, as party of the first part, and State of Georgia, as party of the second part; Witnesseth that under and by virtue of an order passed by the Board of Roads and Revenues of Macon County, having charge of county affairs, and in consideration of $1.00 and other valuable consideration, the party of the first part hereby bargains, sells, aliens and conveys to the party of the second part, its successors and assigns, all of the following lands, to-wit: Whole lot of land number one hundred fourteen (114), also all of lots numbers one hundred thirteen (113) and one hundred twelve (112), and all of lot numbers one hundred two, (102) and one hundred three (103) north of Barnett Creek, which were this day sold by Mrs. Annie L. Toler to the part [sic] of the first part, the acreage of which, which is not embraced in the sub-division into lots as shown by a plat of Miona, recorded in Book L. page 508 Clerks Office, Macon Superior Court, in three hundred and sixteen and forty-six one-hundredths (316.46) acres, more or less; also the Miona Springs lot embracing twenty and thirty-six one hundredths (20.36) acres; also the following lots of said sub-division by lots and blocks, viz: Block 1 lot numbers, 1, 2, 3, 4, 5, block 3 lot numbers 17, 22, 25, block 4 lot numbers 6, 8, 11, block 5 lot numbers 10, 13, 14, 26, 32, 34, 23, block 6 lot numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 25, 26, 27, 28, block 7 lot numbers 1, 2, 3,

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4, 5, 10, 11, 12 block 8 lot numbers 3, 4, 5, 6, 7, 8, 9 block 1, 2, 3, 4, 5, 6, 7 block 10 numbers 1, 2, 3, 4, 5, 6 block 11 lot numbers 5, 6, 11, 12, 13, 14, 15, 17, 17, 18, 19, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30 block 12 numbers 3, 5, 6, 7, 8, 9, 14, 15, 16, 17, 24, 25, 27, 26, 28, 29, 30 block 13 lot no. 1, 2, 3, 4, 5, 6, 7, 8, 15, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 block no. 14 lot no. 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 21, 22, 25, 26, 30 block 15, 3, 4, 5, 6, 9, 11, 23, 24, 25, 26, 27, 28, 29, 30, 31, 40, 41, block 16 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, block 17 lot no. 9, 10, 11, 12, 13, 16, 18, 19, 20, 21, 24, 25, 26, 29, 30, 35, 44, 45, 47, 56, block lot no. 12 block 20 lot no. 22 block 21 lot no. 21, 23, 3 block block 22, lot nos. 11, 25, 28, 29 block 23 lot nos. 1, 2, 7, 8, 9, 12, 13, block 24 lot nos. 5, 7, 15 block 25, lot nos. 4, 16, 17, 18, 19, 20, 25, 26, block 26, 3, 10, 14, 18, 21, 22, 23, 24, 27, 28, 29 block 27 lot nos. 3, 12, 13, 18, 19, 30 block 28 lot nos. 7, 19, block 29 lot nos. 6, 7, 10, 11, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 35, 38, 41, 42, block 30 lot nos. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 31, 32, 33, 34, 35, 36, 37, 38, 41, 42, 45, 46, 47, 48, 49, 52, 53, 58 block 31 lot nos. 3, 8, 9, 10, 11, 12, 13, 14, 22, 23, 24, 25, 26, 32, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, block 32 land lots 9, 13, 14, 16, 17, 18, 19, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, block 33 land lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 18, 19, 20, 21, 24, 25, 29, block 34 lot nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 14, block 35 lot nos. 1, 2, 3, 4, 5, 6, 7, 8, 9 block 37 lot nos. 1, 2, 4 block 38 lot nos. 2, 10, 11, 12, 13, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 34, 35, 36, 37, block 39 lot nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 56, 57, 58, 59, block 40; 7, 8, 9, 10, 15, 16, 18, 18, 16, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45 block 41 lot nos. 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 29, 30, 35, 37, 38, 39, 40, 41, 42, 44, 45, 46, 48, 50, 5, block 42 lot nos. 3, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 22, 23, 26, 33, 34, 35, 36, 37, 38, 39, 44 block 2, 3, 4, 5, 6,

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7, 8, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 block 3, 4, 5, 6, 7, 9, 11, 12, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29 block 45 1, 3, 7, 11, 12, 13, 16, 17, 18, 19, 20, block 46 block nos. 1, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, block 47 lot nos. 11, 12, 13, 14, 15, block 48 lot nos. 1, 2, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29, 30 block 9, 18, 19, 23, 24, 25, 26, 27,, 28, 29, 30 block 50 lot nos. 6, 7, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19, 22, 24, 25, 23, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 65, 59, 60, block 51 lot nos. 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 25, 30, 31 block 52 lot nos. 2, 3, 4, 5, 6, 13, 15, 14, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 48, 51, 52, and 7 block 53 lot nos. 1, 2, 3, 4, 5, 6, 7, 15, 16, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, block 11, 12, 16, 18, 19, 36, 37, block 55 lot no. 1, block 56 lot no. 1, 2, 3, 4, block 57 lot nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, block 58 lot nos. 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, block 59 lot nos. 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 32, 33, 34, 35, 36, block 60 lot no. 10, 11, block 61 lot nos. 1, 15, 16, block 62 lot nos. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15. Also all of the streets, alleys, the reservations, rights of way located in said mapped sub-division: Also the following parcel of land, viz; Begin in the center of Barnett Creek on the road from Montezuma, to Miona run south 17 degrees 41 minutes west 200 feet, thence north 85 degrees 56 minutes west 300 feet, thence north 63 degrees 56 minutes west 785 feet, thence north 184 feet thence north 34 degrees 71 minutes west 73 feet, thence north 53 degrees 35 minutes west 179 feet, thence north 73 degrees 7 minutes west 281.5 feet thence north 31 degrees 18 minutes west 71.2 feet to the center of Town Creek, thence down said Town Creek north 69 minutes east 291.5 feet to the center of Barnett Creek thence along the meandering of Barnett Creek to the point of beginning, embracing what is known as Lake Miona. All of said property located in the First District of originally Muscogee now Macon County, Georgia, and accurately shown by a plat of the same prepared by

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Rhodes Sewell, dated Nov. 1, 1938, heretofore and now attached to a certain [sic] of November 1, 1938, from Mrs. Annie L. Toler to Macon County, which is made a part hereof for all persons. To have and to hold the said bargained premises with all and singular the rights, members and appurtenances thereunto appertaining, to the only proper use, benefit and behoof of it the said party of the second part, its successors and assigns in fee simple; and the said party of the first part, the said bargained premises, unto the said party of the second part, its successors and assigns against the said party of the first part, its successors and assigns and against all and every other person or persons, shall and will warrant and forever defend by virtue of these presents. In witness whereof the party of the first part under the order above mentioned and by the Commissioners of Roads and Revenues have hereunto set its hand and affixed its seal the day and year above written. Signed, sealed and delivered in presence of us: Jule Felton, Zella Holland, N. P. State at Large for Georgia. Macon County by Ed M. McKenzie, Chairman (L.S.) Love Felton (L.S.) Otis E. Ogburn (L.S.) C. T. Harden (L.S.) H. A. Lee (L.S.) Commissioners of Roads and Revenues. Recorded November 12th, 1938, Louise W. Nelson, Clerk. Recorded in Book NN, page 546. Approved February 2, 1945. SERVICE MENDRIVER'S LICENSE. No. 5. A RESOLUTION. Whereas, There are approximately four hundred thousand persons from this State serving in the military forces

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of the United States Government in the present world conflict, and Preamble. Whereas, many of the residents of this State serving in the military forces of the United States Government may from time to time receive a furlough and be permitted to return to this State on furlough, and Whereas, a driver's license is required of residents of this State operating a motor vehicle over, along, and upon the highways of said State, and Whereas, many of the members of the military of the United States, residents of this State, have furloughs of only two or three days. Therefore, be it Resolved by the House of Representatives of the State of Georgia, the Senate concurring: That members of the military forces of the United States, residents of this State, returned to this State on furlough, may drive an automobile or motor vehicle over, along, and upon the highways of this State without procuring a driver's license during the period of their furlough; Driver's license to Armed Forces. That exhibition of such furlough to any patrolman or law enforcement officer of this State shall constitute a sufficient authority for the operation of such motor vehicle under the terms and provisions of this Resolution. Approved February 2, 1945. SUPERIOR COURT JUDGESEXPENSES. No. 6. A RESOLUTION. Be it Resolved by the House of Representatives, the Senate concurring, That on and after the first day of the month following the passage of this resolution, the Judges of the Superior Courts of this State shall be entitled to receive, in addition to the compensation now provided by law, reimbursement of travel expenses incurred when

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attending any court in this Judicial Circuit other than the court in the County of the residence of such judge, or when any judge is required to be in any county in his circuit other than the county of his residence in the discharge of any judicial duty or function, required by law, pertaining to the Superior Court of such county. Expenses of Superior Court Judges. The expense provided for herein shall be paid for the following purposes and in the following manner: Expenses enumerated. 1. Five cents per mile shall be allowed for transportation to and from a county outside of the residence of such Judge, if same is by privately-owned motor vehicle. 2. Actual cost of transportation shall be allowed to and from a county outside of the residence of such judge, if same is by public conveyance. 3. Actual cost of meals and lodging for self, shall be allowed if incurred in a county outside of the residence of such judge. 4. The several judges of the Superior Courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by this resolution, to the State Auditor, and the State Auditor is hereby directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to the State Treasurer for payment from the funds available for the operation of the Superior Courts of this State. Approved February 8, 1945.

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GOVERNOR'S MESSAGE TO GENERAL ASSEMBLY COMMENDED. No. 7. A RESOLUTION. Whereas, on the 23rd day of January, 1945, His Excellency, the Governor of Georgia, Honorable Ellis Arnall, did deliver to the Joint Session of the General Assembly a frank, forceful, forthright and statesmanlike message for the welfare of all the people of Georgia. Preamble. Be it Resolved, that the State Senate of Georgia does highly commend his Excellency, the Governor of Georgia, Honorable Ellis Arnall, for the frank, forceful, forthright and statemanlike message delivered to said joint session of the General Assembly. Message commended. Approved February 16, 1945. WIGHTMAN F. MELTONRESOLUTION OF CONDOLENCE. No. 8. A RESOLUTION. Whereas, Hon. Wightman F. Melton, the late distinguished Poet Laureate of Georgia, is no longer in our midst but has gone to his eternal reward; and Preamble. Whereas, In his going Georgia has lost a distinguished son, an exemplary Poet Laureate, a foremost educator and lover of mankind: Therefore be it Resolved by the Senate, the House of Representatives concurring, that we do hereby express our admiration for the life, character and work of the said late distinguished Poet Laureate Wightman F. Melton. Poet Laureate Melton eulogized. Be it further Resolved that the condolence of the General Assembly be expressed to the family and relatives of the said late distinguished Georgian. Condolence. Approved February 16, 1945.

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STATE EMPLOYEES' WORKMEN'S COMPENSATION. No. 9. A RESOLUTION. Whereas, at the regular session of the General Assembly of the State of Georgia, 1943, a law was passed providing that all employees of the State of Georgia shall be placed under the workmen's compensation laws of Georgia. This Act was ratified and approved by the Governor on March 20, 1943, and is recorded in the Acts of the Legislature, Georgia Laws 1943, pages 401-402 and 403. Whereas, subsequent to the passage of said Act and approval by the Governor, a test case was made involving the State Highway Department of Georgia versus Bass, one of its employees who claimed compensation under the benefits of the Act passed by the General Assembly of Georgia, and the claim was denied by the State Highway Department of Georgia on the ground that the Act was in violation of the Constitution of the State, etc. Whereas, The Supreme Court of the State of Georgia by its decision as recorded in the 197 Georgia Reports, page 356, in the case of the State Highway Department of Georgia versus Bass, have held that the Act is constitutional in every ground of attack made upon the Act passed by the General Assembly of the State of Georgia at its regular session in 1943. Whereas, the Supreme Court of the State in another case decided January 8, 1945, State Highway Department of Georgia versus Turner, Turner being an employee of the State Highway Department of Georgia, who was injured prior to the passage of the Act by the General Assembly in 1943, has by its recent decision again held that the Act was constitutional and that the retroactive features of the Act were not in violation of the Constitution. Whereas, it has come to the attention of the members of the General Assembly that injured employees of the State Highway Department and other departments of

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the State of Georgia are not being paid compensation, first on the ground that the Act was unconstitutional and was in violation of the Constitution of this State, second on the further ground that there was no appropriation made by the Legislature to the various departments of the State Government for the payment of said workmen's compensation claims. Whereas, The Supreme Court in its decision in the case of State Highway Department of Georgia versus Turner, rendered January 8, 1945, held under head-note 4, and we quote: The next contention made by the Highway Department is that the act making the Highway Department amenable to the workmen's compensation law is inoperative unless and until an appropriation has been made by the General Assembly for the purpose of paying workmen's compensation and the necessary funds therefor shall be set apart by the budget commission. This ground of complaint is without merit. No question is here presented as to the manner of payment of the award, nor of the procedure to be followed by the claimant in order to collect it. It is to be presumed that should an award be made it will be paid only out of funds legally available for that purpose. See in this connection State Highway Department of Georgia v. Bass 197 Ga. 356 (4, 4a), 371. Therefore, be it resolved by the House of Representatives, the Senate concurring, that the officials of the State Government and heads of departments in charge of funds appropriated to their departments, be and are hereby instructed and directed to pay any and all compensation claims heretofore approved or adjudicated in any way under the terms of the Workmen's Compensation Act, out of the funds appropriated to the several departments of State Government, and any and all future legitimate claims which may arise as a result of injury to State employees as covered by the Workmen's Compensation Laws of Georgia. State employees' workmen's compensation payments directed. The purpose of this resolution being to direct a compliance

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with the provisions as contained in the Act, passed by the General Assembly of Georgia, 1943, above enumerated, by all officials and heads of departments of the several departments of State Government of the State of Georgia. Approved February 23, 1945. STATE PORTS AND DOCKS COMMITTEE. No. 10. A RESOLUTION. Whereas the State of Georgia is now engaged in making comprehensive plans for the postwar development of its natural resources and the fostering of the free flow of trade and commerce through its ports and cities and the rapid and economical distribution of the produce of its farms and forests; and, whereas, it has come to the attention of the General Assembly of Georgia that its sister state of Alabama owns and maintains a system of State docks at the port of Mobile; and, whereas, it is desirable that a study be made to determine the advisability of having similar facilities erected and maintained by the State of Georgia at one or more of its seaports; Therefore, be it Resolved by the House of Representatives, the Senate concurring, that a committee to be composed of 10 members of the House of Representatives, to be appointed by the Speaker, and 5 members of the Senate, to be appointed by the President, be named as a special committee on state ports and docks and that such committee be authorized and directed to visit the said Alabama State docks at Mobile and to confer with the officials in charge of the operation of the same and to report to the General Assembly of Georgia whether or not this State should undertake as part of its plan for postwar development the establishment of a system of State owned and operated docks, wharves and terminals. State Ports and Docks Committee. Be it further Resolved, that the members of the House from Chatham and Glynn Counties and the Senators from

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the 1st, and 4th Districts, shall be ex officio members of such committee in addition to those specified to be appointed herein. Approved February 23, 1945. STATE TUBERCULOSIS SANATORIUM INVESTIGATING COMMITTEE. No. 11. A RESOLUTION. To provide for a committee of three from the Senate and five from the House to be appointed by the presiding officers to investigate and make recommendations on the conditions of the State Tuberculosis Sanatorium at Alto. Whereas, It has come to the attention of the members of the General Assembly of the State of Georgia, through information by members of the General Assembly, that there are more than 100 empty beds at the State Tuberculosis Sanatorium at Alto, and, Whereas, The Atlanta newspapers on January 28th had pictures taken at Alto reproduced in the newspapers of that date showing sections of the Sanatorium with empty beds therein, and, Whereas, The members of the General Assembly of the State of Georgia desire further information on the conditions prevailing at the State Tuberculosis Sanatorium at Alto, Now, therefore, be it Resolved by the Senate of the State of Georgia, the House concurring, that a committee of eight members, three from the Senate and five from the House, to be appointed by the presiding officers of the respective branches of the General Assembly, be named to make a thorough investigation of the conditions at the State Tuberculosis Sanatorium at Alto and to make a report and recommendations by February 22, 1945, as to the best method or means of alleviating conditions. State Tuberculosis Sanitorium investigating committee. Approved February 26, 1945.

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MEMORIALIZING TENNESSEE ON WEIGHT LIMITATION OF MOTOR VEHICLES. No. 12. A RESOLUTION. Whereas, By reason of the existence of Reciprocal Agreements governing the operation of motor vehicles, residents of the State of Georgia have a vital interest in and are directly concerned with the size and weight regulations and limitations of motor vehicles of sister states, the Reciprocal Commission of Georgia being required by statute to have due regard for the advantage and convenience of the motor vehicle owners and other citizens of this State in the consummation of all such Reciprocal Agreements, and Preamble. Whereas, The present size and weight standards fixed by the statutes of Tennessee operate to the disadvantage of the citizens of this State in that said limitations in Tennessee are far less than those prescribed in Georgia, and Whereas, The persistence of State Legislatures to retain on the statute books motor vehicle size and weight limitations which, according to the report to Congress by the Interstate Commerce Commission, published as House Docket 35477th and 78th Congress, to a considerable extent probably are less liberal than in necessary for the proper protection of the highways and that where such conditions exist they create a need for federal intervention which constitutes a definite threat to State sovereignty for the reason that the Supreme Court has declared that the highways built, owned and maintained by the States are properly subject to the control of the States by regulations established by them unless and until Congress shall find that interference with that Constitutional right is made necessary by undue burdens imposed upon the national commerce by such State regulations and Whereas, The greatest possible uniformity reasonably attainable in the size and weight limitation of motor vehicles

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will serve to promote a freer flow of commerce between our respective States and will result in the general economic improvement of our respective citizenry, and remove this further threat of unnecessary federal bureaucratic interference, Now, therefore, be it Resolved, That the House of Representatives, the Senate concurring, hereby memorializes and directs the attention of the Legislature of Tennessee to the foregoing existing condition and respecfully urges favorable consideration of legislation for the revision of the statutes prescribing size and weight limitations for motor vehicles and that such limitations be liberalized to the extent at least of those prescribed by the statute of Georgia, viz: Permissible weight on single axle18,000 pounds, provided the distance between axles is 40 inches or more, and without limitation as to the maximum weight where the gross weight of vehicle and load does not exceed the recommended formula of the American Association of State Highway Engineers; Length or distance between the front and rear axles, plus 40, multiplied by 700 (W-C/L Plus 401) which will permit a gross load of 36,300 pounds for the ordinary two-axle vehicle and 50,000 pounds for the ordinary three-axle vehicle, the overall length of a single vehicle being 35 ft. and 45 ft. for any combination thereof with a maximum width including load of eight feet and a maximum height of 13 ft. Urging Legislature of Tennessee for revision of statutes prescribing size and weight limitations for motor vehicles. Be it further Resolved, That the Clerk of the House of Representatives in Georgia be and he is hereby authorized and directed to send a copy of this Resolution to His Excellency, the Honorable James N. McCord, Governor of Tennessee; the Clerk of the House of Representatives and the Secretary of the Senate of Tennessee. Copy of this Resolution to Governor of Tennessee, Clerk of House and Secretary of Senate of Tennessee. Approved March 3, 1945.

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GENERAL ASSEMBLY ADJOURNMENT TO JANUARY 14, 1946. No. 14. A RESOLUTION. Be it Resolved by the Senate, the House concurring, that the General Assembly adjourn on Saturday, March 3rd, 1945, at 6 p. m., until Monday, January 14th, 1946, at 10 a. m. Adjournment to January 14, 1946 at 10:00 a. m. Approved March 6, 1945. SIDNEY LANIER COMMENDED FOR HALL OF FAME. No. 15. A RESOLUTION. Be it Resolved, by the General Assembly of Georgia: That the name of Georgia's illustrious son, Sidney Lanier be commended to the Honorable, the College of Electors of the Hall of Fame of New York University for election to the Hall of Fame. Sidney Lanier commended to College of Electors of Hall of Fame of N. Y. University. Be it further Resolved: That it is the opinion of this body that the merits and attainments of Sidney Lanier justly entitle him to the honor sought for his name; for it is not in every generation that a genius is born among men, who like Sidney Lanier, makes a triple imprint on literature, music and poetry, so that world profits for that he has lived in it and rejoices in his memory when he is no more. Be it further Resolved, and ordered that a copy of this Resolution, duly certified by the Secretary of State, be transmitted to the College of Electors of the Hall of Fame of New York University. Copy of Resolution to College of Hall of Fame of Electors of N. Y. University. Approved March 6, 1945.

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LT. DAVID S. ATKINSON, JR.CONDOLENCES. No. 16. A RESOLUTION. Whereas, according to the press of this date, Lt. David S. Atkinson, Jr., the son of Judge and Mrs. David S. Atkinson, Sr., of Savannah, has been killed in action on Luzon, in the invasion of the Philippines; and Preamble. Whereas, Judge Atkinson is an honored and respected former member of the General Assembly of this State, having served ably and well in both branches thereof; and Whereas, we the present members of this General Assembly have read with sincere regret and deep sorrow of the passing of Lt. Atkinson, and are desirous of expressing as a body our sympathy and condolence to Judge and Mrs. Atkinson and other relatives; now, therefore, Be it Resolved, That the House of Representatives of Georgia, the Senate concurring, express to the bereaved loved ones of Lt. Atkinson our deepest sympathy and most sincere condolence; and Be it Further Resolved, That these resolutions be spread upon the records of this body, and that a copy of the same, suitably inscribed, be presented to Judge and Mrs. Atkinson. Copy sent to Judge and Mrs. Atkinson. Approved March 6, 1945. ALTO INVESTIGATING COMMITTEE. No. 17. A RESOLUTION. Whereas, a Joint Resolution by the House and Senate was passed and approved authorizing the appointment of a Joint Committee from the House and Senate to investigate the affairs of the State Institution at Alto, and Preamble.

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Whereas, Senators Brown of the 6th District, Norton of the 33rd District and Bennett of the 17th District, and Messrs. Boynton of Union, Summer of Worth, Greer of Lanier, Smith of Bryan and Garrison of Habersham were appointed to serve on said Committee, and Whereas, In obedience to the authority granted in the Resolution the Committee has inspected the Institution at Alto and has reported back its finding with recommendations as to needed corrections necessary at said Institution, and Whereas, It is the sense of the General Assembly that said Committee should continue to serve as such during the adjournment of the General Assembly, and to continue its investigation to see that its recommendations are being complied with, Therefore, be it Resolved by the Senate, the House concurring, That the Committee hereinbefore named and appointed under said Resolution be, and said Committee is hereby continued in full force and effect until the reconvening of the General Assembly in January, 1946, during which time said Committee is hereby authorized and empowered to perform all of the duties and rights given them under the Resolution authorizing their appointment, and to report to the General Assembly on its reconvening as to the status of said State Institution. Committee continued in force until reconvening of General Assembly in January, 1946. Approved March 6, 1945. HON. GORDON BOWERSCONDOLENCES. No. 18. A RESOLUTION. Whereas, Honorable Gordon Bowers, late of Decatur County, an outstanding Georgian and former member of the General Assembly of this State, has just passed on; and Preamble. Whereas, his passing is deeply and keenly regretted by the members of the General Assembly; Therefore, be it Resolved by the House of Representatives,

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the Senate concurring, that we express to the family of Honorable Gordon Bowers our deep sympathy in their bereavement in the passing of this prominent Georgian, and that a copy of this Resolution be furnished to the members of the family. Expression of sympathy to family of Hon. Gordon Bowers and copy of Resolution sent. Approved March 6, 1945. STATE REVENUE COMMISSIONER'S SALE OF CONTRABAND. No. 19. A RESOLUTION. Be it Resolved by the Senate, the House concurring, that the State Revenue Commissioner be, and he is hereby authorized and directed to sell contraband articles which the law requires him to seize, at prices in conformity with the ceiling prices formulated under the Federal laws and wherever and whenever such a Federal law applies; and where they do not apply such sales shall be to the highest bidder for cash. Sale to be at prices in conformity with ceiling prices under Federal laws. Approved March 6, 1945. SECRETARY OF SENATE, CLERK OF HOUSEPRINTING AND DISTRIBUTION OF CONSTITUTION. No. 20. A RESOLUTION. Whereas, it is deemed necessary that the office of the Secretary of the Senate and the office of the Clerk of the House be kept and maintained and open to the public and the members of the General Assembly until the General Assembly re-convenes in January, and Preamble. Whereas, it is deemed necessary that the Clerk of the House and the Secretary of the Senate assist in the editing and printing of the proposed new Constitution.

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Therefore be it Resolved by the Senate, the House concurring, that the Secretary of the Senate and the Clerk of the House keep and maintain their offices until such time, and for said services the Secretary of the Senate and the Clerk of the House shall receive one-fourth of their per diem regularly paid them during sessions and that said Clerk and Secretary shall furnish the necessary stenographic help. [Illegible Text] of [Illegible Text] of [Illegible Text] and [Illegible Text] of [Illegible Text] to [Illegible Text] [Illegible Text] [Illegible Text] edit [Illegible Text] print [Illegible Text] [Illegible Text] [Illegible Text]. [Illegible Text] diem. Be it further Resolved by the Senate, the House concurring, that they are hereby authorized and directed to have printed a copy of the proposed new Constitution and to mail and to send, as quickly as possible, to every newspaper editor in Georgia, to every member of the General Assembly, to the Ordinary of each County, to the Mayor of each Town and to each city and county attorney in the State. [Illegible Text] [Illegible Text] be [Illegible Text] and [Illegible Text] to [Illegible Text], [Illegible Text] of [Illegible Text] [Illegible Text], [Illegible Text], [Illegible Text] [Illegible Text] County [Illegible Text]. Be it further Resolved By the Senate, the House concurring, that the Treasurer is authorized to pay said sum to the Secretary of the Senate and the Clerk of the House and that this shall begin after the expiration of two weeks from the adjournment today. That said pay be for week days only. Approved March 8, 1945. MEMORIALIZING CONGRESS TO ENACT BILLS REGARDING EDUCATION. No. 21. A RESOLUTION. Whereas, the members of the General Assembly of the State of Georgia believe that the education of the children and youth of the United States is essential to the perpetuity of American Democracy and a high level of income and productivity of the people of the nation; and [Illegible Text]. Whereas, we are fully informed of the great differences in educational opportunity, not only within the states, especially within the State of Georgia, but among the several states of the Union; and

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Whereas, we believe that the Federal Government, together with the states and the local communities of the nation, has an obligation to furnish the financial resources to guarantee an American standard of educational opportunity to all of the children of the nation; and Whereas, we believe that the Federal Government should grant financial assistance to the states for education, leaving the control of education to the states and local communities; and Whereas, we believe that the history of Federal aid to education fully demonstrates that this can be done, Be it Resolved: That we memorialize the Congress of the United States of America to enact, at the earliest possible date, Senate Bill 181, introduced by Senator Lister Hill of Alabama and Senator Elbert D. Thomas of Utah; and House Bill 1296, introduced by the Honorable Robert Ramspeck, Representative in the Congress, Fifth District, Georgia; and Memorialize Congress to enact educational bills. Be it further Resolved: That a copy of this Resolution be sent to the President of the United States Senate and to the Speaker of the House of the Congress; to the President of the United States; to the authors of the Senate and the House bills; to the Hon. James E. Murray, Chairman of the Senate Committee on Education and Labor; to the Hon. Graham A. Barden, Chairman of the House Committee on Education; to the two Senators of the State of Georgia; and to each of the ten Representatives of the State of Georgia in the House of the Congress. Copies sent. Approved March 8, 1945. ALTON COGDELL MEMORIAL ASSOCIATION. No. 22. A RESOLUTION. Whereas, it is fitting and appropriate to encourage the erection of monuments and other suitable memorials to outstanding Georgians, and, Preamble.

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Whereas, The untiring efforts in public service of his State of the late Honorable Alton Cogdell reflected credit to the State of Georgia and brought many benefits to the State and people, Therefore, be it Resolved, the Senate concurring, that authority is hereby given to the Governor of the State of Georgia to appoint a commission to be composed of not less than five and not more than ten members to form the Alton Cogdell Memorial Association, which Association shall undertake to provide ways and means of planning and erecting a suitable memorial to the late beloved Honorable Alton Cogdell. Commission to be appointed to erect a memorial to Hon. Alton Cogdell. Be it further Resolved, That the said Alton Cogdell Memorial Association organized pursuant hereto be and it is hereby authorized to erect a suitable memorial to the memory of the late Honorable Alton Cogdell in the New State Office Building at a place not otherwise appropriated, to be approved by the Governor. Memorial to be placed in new State Office Bldg. Approved March 8, 1945. SALE OF CAMP STEWART. No. 23. A RESOLUTION. Be it Resolved by the House of Representatives, the Senate concurring: (1) That the Governor of Georgia, the Agricultural and Industrial Development Board, each department head of the State, all State Officials and employees shall work diligently toward bringing about the return of all property now comprising the Camp Stewart military reservation to its original owners, their heirs and assigns. Return of Camp Stewart property to original owners. (2) That all State officials, employees, boards and agencies, take such steps as are proper to register protest with the War Department, the Department of Interior, the Department of Agriculture, other Federal Departments and officials, including the Georgia Senators and

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Congressmen, concerning any effort to have the property embraced in the Camp Stewart military reservation decreed to be waste lands. (3) That the Georgia delegation in Congress and the Federal Departments be memorialized to the effect that the General Assembly of Georgia conceives it to be the duty of the Federal Government and State Government to see to it that the property embraced in the Camp Stewart military reservation be deeded back and ceded to the original owners, their heirs or assigns. (4) That in event the Camp Stewart military reservation is abandoned as a military operation, the original property owners, their heirs or assigns be given the right to purchase back from the U. S. Government the property comprising the said Camp Stewart military reservation. In event Camp Stewart is abandoned original owners be given right to repurchase the property. (5) The General Assembly of Georgia condemns any effort which may be made toward securing the property in question for commercial uses by any save the original owners, their heirs or assigns. Commercial use condemned. (6) That the General Assembly of Georgia expresses disapproval of any effort to utilize the said property in question as a national park, State park, game preserve or forest preserve. Also use as a national park. (7) That the Clerk of the House and the Secretary of the Senate be and they are hereby directed to dispatch copies of this Resolution to all Federal Departments, members of the Georgia delegation in the United States Senate and National House of Representatives, to the Governor, the Agricultural and Industrial Development Board, Director of State Parks and the Director of Forestry. Copies sent. Approved March 8, 1945.

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MOTOR FUELS TAX SUSPENSION RATIFIED. No. 24. A RESOLUTION. Confirming suspension of tax on motor fuels used in the training of air pilots. Whereas, the State of Georgia desires to lend every possible aid in the program of National Defense in order that the Government of the United States, its ideals and traditions may be preserved; and Preamble. Whereas, the State of Georgia because of its favorable climate and terrain offers an ideal place for the training of air pilots for the defense of our country; and Whereas, the Governor of this State did on April 20, 1943 by Executive Order, under and by virtue of Section 40-205 of the Georgia Code of 1933 suspend the collection of the tax levied by the State on gasoline, motor fuel and lubricants used in planes owned by the United States Government in which cadets in the service of the United States are trained irrespective of whether said motor fuels be purchased by a governmental agency or private agency: Therefore, be it Resolved by the House of Representatives, the Senate concurring, that the suspension of the collection of the said taxes herein described be and the same is hereby ratified and confirmed. Motor fuel tax suspension ratified. Approved March 8, 1945. LAW-BOOKS TO BUTTS COUNTY. No. 25. A RESOLUTION. Whereas, most of the law books belonging to Butts County, Georgia have been lost or destroyed, and Preamble. Whereas, such books so lost or destroyed are necessary for the County of Butts to officially transact its business and that of the State,

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Now, therefore, be it Resolved By the General Assembly of Georgia that the State Librarian be and is hereby authorized and directed to furnish to the Clerk of the Superior Court of Butts County, Georgia, without cost to said county except for payment of packing and transportation charges, the following volumes, to-wit: Volumes 1 through 180 of the Georgia Supreme Court Reports and Volumes 1 through 60, inclusive, of the Georgia Court of Appeals Reports. The Clerk of the Superior Court of Butts County, Georgia, is hereby made the custodian of all the volumes above listed for the use of the officers of the Superior Court of Butts County, Georgia. State Librarian authorized to furnish Ga. Reports and Court of Appeal Reports to Clerk Superior Court of Butts County. Approved March 8, 1945. JOHN J. DAVISWORKMEN'S COMPENSATION. No. 26. A RESOLUTION. Whereas, John J. Davis was employed by the General Assembly of Georgia during the 1943 Regular Session in the capacity of assistant doorkeeper at the State Capitol, Atlanta, Georgia, and Preamble. Whereas, on the 14th day of January, 1943, the said John J. Davis was injured by reason of a chair in which he was sitting collapsing, said injuries suffered being in the lower spinal column, said injuries arising out of and in the course of his employment, and Whereas, the said John J. Davis reported said accident shortly after its occurrence to Honorable M. E. Thompson, Executive Secretary to the Governor, as well as to Honorable B. E. Thrasher, Jr., State Auditor, and Whereas, at the time of said accident there was no provision in law for the payment of any compensation for such an injury, and Whereas, there is now an appropriation in existence for the payment of whatever compensation the said John J. Davis might be entitled to, and

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Whereas, the Supreme Court of Georgia has recently decided that the Act of the General Assembly of Georgia bringing all employees of the State of Georgia under the Workmen's Compensation Act is constitutional and of full force and effect, and Whereas, it appearing that the said John J. Davis was injured on the 14th day of January, 1943, while in the service of the State of Georgia, said accident arising out of and in the course of his employment. Therefore, be it Resolved by the House of Representatives, the Senate concurring, that the said John J. Davis be permitted to prosecute his claim for workmen's compensation heretofore filed with the State Board of Workmen's Compensation and shall be entitled to receive whatever workmen's compensation benefits the Compenpensation Act shall entitle him to receive after proper medical examination and a full hearing before the State Board of Workmen's Compensation, the purpose of this resolution being to confer upon the said John J. Davis the same rights and privileges under the Workmen's Compensation Act as other State employees now enjoy. Authority to prosecute claim for workmen's compensation. Approved March 8, 1945. HEALTH PROGRAM. No. 27. A RESOLUTION. Whereas, One of Georgia's greatest needs is an expanded, serviceable, and intensive health program designed to eradicate disease, improve health conditions, accentuate the importance of health work, the economic value of good [Illegible Text] and the economic liability of poor health; and Preamble. Whereas, The State Board of Health, the Director of the State Department of Public Health, the State Department of Public Health and the Health Panel of the State Development Board have worked tirelessly in the advocation

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and improvement of public health work in Georgia; and Whereas, The medical profession, the hospitals, public and private, the nurses, technicians and scientists have labored and are laboring constantly in devoting their time, energies and talents to the improvement of the health of our people and the eradication of disease; and Whereas, The United States Public Health Service has cooperated with and is assisting the State Department of Public Health in its work designed to build up the health of our people; and Whereas, Economically, a sick person is never a full income producing citizen and Georgia by reason of the poor health of some of our people is not utilizing its full economic human potentialities; and Whereas, A health program in our schools and colleges is and should be a part and parcel of a program of educationhealth and education being of the greatest possible value to our people; and Whereas, The General Assembly and the State Administration recognize the importance of health work and the debt of gratitude the people owe to those engaged in public and private health and hospital work: Be it therefore Resolved by the House of Representatives, the Senate concurring, that: (1) The State Administration be and it is hereby committed to promoting and making possible a more expanded, more serviceable and more intensive health program in this State. Expanded health program. (2) The State Board of Health, the State Director of Public Health, the State Department of Public Health, the Health Panel of the State Development Board, the medical profession, the hospitals, public and private, the nurses, technicians, scientists, field workers, local health departments, and the United States Public Health Service be and they are hereby commended for the important part each is playing in improving health conditions in Georgia.

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(3) That the General Assembly and the State Administration recognize the economic importance of good health and an expanded health program. (4) That a health program be carried out in all our schools and colleges. Program in schools and colleges. (5) That the State Board of Health is designated and authorized to become the channeling agent on behalf of the State for such health funds as may be made available by the Federal Government. Board of Health Agent. (6) The State Board of Health shall expend all funds received from the Federal Government or by appropriation from the State of Georgia, or by donation in conformity with law. In the expenditure of such funds the State Board of Health shall have the authority to prescribe the purposes for which such funds may be used. Federal funds. (7) The State Board of Health shall make periodic reports to the people of Georgia and the General Assembly as to how health conditions in this State may be better improved and advanced. Reports. (8) The State Department of Health and the State Board of Health shall cooperate with all health agencies, hospitals, medical centers, maternity homes, nursing homes and other such institutions in the advancement of health work in Georgia. (9) The State Board of Health is directed to cooperate with county and local health departments and to assist them in all proper ways to bring about a more expanded and more serviceable health program. Cooperate with health departments. (10) The State Department of Health and the State Board of Health are directed to give special attention to the possibility of constructing additional tubercular hospital and to give special attention to a consideration of the control and treatment of tuberculosis. Tubercular hospital. (11) The said State Board of Health shall make plans and undertake to effectually supply health service to various counties of this State and to cooperate with local communities, counties, districts and regions in the matter

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of constructing and assisting the said units in the maintenance and operation of hospitals and health centers. Health service to counties. (12) The said State Department of Health and Board of Health shall cooperate with private hospitals and agencies which are engaged in the improvement of the health of the people of Georgia. (13) The State Board of Health shall provide for a State Advisory Council on health work which shall include representatives of non-governmental organizations or groups and all State and local agencies concerned with the operation, construction or utilization of hospitals and hospital facilities. The said Advisory Council shall diligently undertake to obain all possible available Federal funds for health work in Georgia and shall make recommendations to the General Assembly through the State Board of Health as to how Georgia may best serve the interest of the people through expanded health services. Advisory Council. Obtain Federal funds available. (14) That a copy of this resolution be dispatched to the Surgeon General of the United States in appreciation of the very fine work being rendered the people of Georgia by the United States Public Health Service and by the Surgeon General. Copies to be sent. Approved March 8, 1945. WESTERN AND ATLANTIC RAILROAD PLAZA. No. 28. A RESOLUTION. Subject to the approval of the Governor of the State of Georgia, the Georgia Public Service Commission, the Attorney General of Georgia and the Lessee of the Western Atlantic Railroad, consent on the part of the State of Georgia given to the City of Atlanta to build and construct ways, streets, roads, bridges, viaducts or a plaza or plazas over the Western Atlantic Railroad property; to provide that neither the State of Georgia nor the lessee of the Western Atlantic Railroad shall be responsible for any damages growing out of the construction

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of the same; to provide that the construction of the same shall not interfere with the title or interest of the State of Georgia in said property. Be it resolved by the General Assembly of the State of Georgia as follows: That, subject to the approval of the Governor of the State of Georgia, the Georgia Public Service Commission, the Attorney General and the lessee of the Western Atlantic Railroad, consent on the part of the State of Georgia is hereby given to the City of Atlanta to build and construct ways, streets, roads, bridges, viaducts and a plaza or plazas over the property known as the Western Atlantic Railroad between the Spring Street Viaduct and the Central Avenue Viaduct, or any part of same as separate units between the Central Avenue Viaduct and the Pryor Street Viaduct, or between the Pryor Street Viaduct and the Whitehall Street Viaduct, or between the Whitehall Street Viaduct and the Broad Street Viaduct, or between the Broad Street Viaduct and the Forsyth Street Viaduct, or between the Forsyth Street Viaduct and the Spring Street Viaduct. Consent on part of State to construct ways, streets, viaducts and a plaza over Western and Atlantic R.R. property Neither the State of Georgia nor the lessee of the Western Atlantic Railroad shall in any way be responsible to any firm, person or corporation for any damages of any nature growing out of the building, construction, or maintenance of said ways, streets, roads, bridges, viaducts and plaza or plazas by the City of Atlanta. State shall not be subject to damages. Provided, that nothing herein shall be construed as surrendering or in any manner interfering with the right, title or interest of the State of Georgia in the property known as the Western Atlantic Railroad in the City of Atlanta or the future use or enjoyment of said property by the State. Right, title or interest of State not surrendered. Provided further that the State of Georgia shall have the right, at any time, by an Act or Acts of the General Assembly to take over the use and possession of said property, including any improvements made thereon, without the payment of any sum or sums therefor. Right of state to take over the property at any time. Approved March 8, 1945.

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ADVERTISEMENT OF PROPOSED CONSTITUTION. No. 29. A RESOLUTION. Whereas, The General Assembly is causing to be submitted to the sovereign people of Georgia an amendment to the Constitution of 1877 which revises the entire basic law of the State and, in effect, proposes a new Constitution; and Preamble. Whereas, The right of the people to change their Constitution is a fundamental right and power inherent in the sovereignty of the people, the exercise of which said right has resulted in seven different Constitutions for the State of Georgia since 1776; and Whereas, The proposed amendment revising the Constitution is technical, voluminous, far-reaching and tremendously important; and Whereas, It is fundamental in a democracy that the people be afforded information, facts and truth relating to any proposed change of their basic law in order that they may express a proper, wise and intelligent judgment; and Whereas, The wide advertisement and publication of the said amendment revising the Constitution should be authorized for the information of the people of Georgia; and Whereas, Because of the volume of wordage in the amendment revising the Constitution, the regular legal advertising rates would be too excessive and expensive; and Whereas, The General Assembly desires broad publication of the said amendment for the enlightenment and information of the people at reasonable rates; It is therefore Resolved by the House of Representatives, the Senate concurring, that the Governor be and he is hereby directed to contract for and in behalf of the State for special rates governing the publication of the

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amendment revising the Constitution of 1877, which, in effect, submits a new Constitution to the people of Georgia for ratification or rejection. Special rates for publication of Amendment to Constitution. Resolved further that the proposed new Constitution be advertised as widely and as economically as the importance and facts justify so that the people will know and understand the proposed revised Constitution upon which said revised Constitution they are called to express their approval or disapproval according to the constitutional method of amending the Constitution of Georgia. Amendment to be widely advertised. Approved March 8, 1945. D. R. SWANSON CLAIM AUTHORIZED PAID. No. 30. A RESOLUTION. Whereas, D. R. Swanson, now a resident of Walker County, Georgia and a former member of the State Board of Barber and Hairdresser Examiners has filed a claim with the Joint Secretary, State Examining Boards, for services rendered as a member of said Board from February 14, 1938, through November 9, 1939, covering a period of 196 days for which services he claims remuneration at $2.50 per day; Preamble. And, whereas, the facts concerning his employment as a member of said Board are similar to those pointed out in the case of Parham et al. v. Roach, 196 Ga. 622, wherein the court directed the State Board of Barber and Hairdresser Examiners to approve for payment a similar claim; And, whereas, D. R. Swanson, was appointed and qualified as a member of the State Board of Barbers and Hairdressers on February 14, 1939, and that by resolution of said Board as of April 11, 1938, his per diem was cut from $7.50 per day to $5.00 per day, without his consent or approval; Claim for salary authorized to be paid. And, whereas, no part of said $2.50 per day which was

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deducted from his per diem for 196 days' services has been paid to D. R. Swanson: Therefore be it Resolved by the House of Representatives, the Senate concurring, that there is hereby appropriated by lawful funds in the Treasury of the State of Georgia, not otherwise appropriated, the sum of $490.00 to be paid to D. R. Swanson, a citizen of the State of Georgia, in payment in full satisfaction of said claim. Funds appropriated. Approved March 8, 1945. A. S. ROACH JUDGMENT AUTHORIZED PAID. No. 31. A RESOLUTION. Whereas, A. S. Roach, now a resident of Bibb County, Georgia and a former member of the State Board and Hairdresser Examiners brought a proceeding in the Superior Court of Laurens County, Georgia, to recover compensation alleged to be due him for services rendered as a member of said Board; And, Whereas, in said proceeding judgment was rendered in favor of said A. S. Roach in the sum of Four Hundred Seventy-two and 50/100 Dollars ($472.50), and said judgment was on September 10, 1943, affirmed by the Supreme Court of Georgia, said decision being reported in Vol. 196 Georgia Reports at page 622; And, whereas, no part of said sum has ever been paid to said A. S. Roach; Therefore, be it Resolved, by the House of Representatives, the Senate concurring, that there is hereby appropriated from any lawful funds in the Treasury of the State of Georgia not otherwise appropriated the sum of Four Hundred Seventy-Two Dollars and Fifty Cents ($472.50) to be paid to A. S. Roach, a citizen of the State of Georgia in payment of said judgment. Appropriation to pay A. S. Roach judgment. Approved March 8, 1945.

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EMPLOYMENT OF PRISON BOARD MEMBERS BY DEPARTMENT OF CORRECTIONS. No. 32. A RESOLUTION. Be it Resolved by the House, the Senate concurring, that the resolution adopted by the General Assembly at the Extraordinary session held in 1944 to the effect that it was the sense of the General Assembly that two members of the State Prison Board should not be employed by the Department of Corrections be and the same is hereby repealed. 1944 resolution repealed. Approved March 8, 1945. RELOCATION OF WESTERN AND ATLANTIC RAILROAD RIGHT OF WAY. No. 33. A RESOLUTION. Whereas, the Congress of the United States, by Public Laws 228 and 534, has authorized the construction of a reservoir on the Etowah River in Georgia under the supervision and direction of the Army Engineers, and Whereas, the construction of said dam and hydro plant project will create a large reservoir impounding water east and southeast of the dam to an elevation of approximately 870 feet above sea level, and Whereas, the impounding of water at that elevation will seriously impair the stability of the roadbed of the State-owned Western Atlantic Railroad in certain sections between Mile Posts 36.25 and 41.50 in Bartow County, and Whereas, the impounding of water will require the elevation of the present roadbed, rebuilding the bridge over Allatoona Creek and the construction of retaining walls and protecting surfaces in connection with the fills to secure the roadbed against the effect of water and wave action, and

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Whereas, the cost of such reconstruction could not be economically justified in the present location of the railroad, and Whereas, it is imperative that the State at this time take such action as may be necessary to secure relocation of the railroad along the most practicable and desirable route through the section that will be affected by the proposed reservoir before the State's property is substantially damaged by the impounded water and prior to the preclusion of such relocation by reason of the excessive costs which will be imposed at all future times due to the existence of a substantial water barrier, and Whereas, the Georgia Public Service Commission is charged by law with the duty of administering the terms of the lease contract of the Western Atlantic Railroad and with the protection of the State's interest in every way in the property, and Whereas, the aforesaid Act of Congress provided that all investigations by the Army Engineers shall be conducted so as to give the affected States an opportunity for consultation and to cooperate in the investigation, Now, therefore, be it Resolved by the House of Representatives, the Senate concurring, that the Georgia Public Service Commission is hereby directed to proceed immediately to develop plans for the permanent relocation of the track and right-of-way of the Western Atlantic Railroad between Mile Posts 36.25 and 41.50 in Bartow County, Georgia, and at such other points as may be affected by the proposed reservoir to the end that the State-owned railroad property be relocated in the most desirable position from an operating standpoint for the most efficient conduct of the railroad business, and the said Georgia Public Service Commission is further directed to initiate negotiations with the lessee, the Nashville, Chattanooga St. Louis Railway for the purpose of securing the full cooperation of the said lessee in obtaining the best possible location in the interest of both the lessee and the State of Georgia, and be it Relocation of Western and Atlantic railroad in Bartow County. Further Resolved, that the United States Senators and

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Members of Congress representing the State of Georgia be requested to cooperate in this matter to the end that the value of the State-owned Western Atlantic Railroad be not impaired, and, be it Cooperation of U. S. Senators and Congressmen requested. Further Resolved, that the Clerk of the Georgia House of Representatives is hereby directed to transmit a copy of this resolution to each Senator and Member of Congress from the State of Georgia, and to the Corps of Engineers of the United States Army. Copy to U. S. Senators, Congressmen and Army engineers. Approved March 8, 1945. RECONVEYANCE BY THE STATE TO GEORGIA NORTHERN RAILWAY COMPANY. No. 36. A RESOLUTION. Whereas, on February 2, 1944, the Georgia Northern Railway Company, a corporation under the laws of the State of Georgia, executed and delivered to the State of Georgia a certain warranty deed, the same recorded in the office of the Clerk of the Superior Court of Colquitt County, Georgia, in Deed Book 120, pp. 164-5, by which the Georgia Northern Railway Company conveyed to the State of Georgia the following described property herein for the express purpose of the State of Georgia erecting a State Farmers Market on said property, and Whereas, on the 9th day of August, 1944, a certain deed of correction was made and filed by the Georgia Northern Railway Company clarifying certain language used in the original warranty deed of February 2, 1944, and Whereas, it later developed that the State of Georgia would not use the said conveyed property for the erection of a State Farmers Market, the same being without fault of either parties to the transaction. Now, therefore, Be it resolved by the General Assembly of the State of Georgia that the following described

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property be conveyed by the State of Georgia, or any right, interest or title that the State may have to same, to the Georgia Northern Railway Company, the said property being more particularly described as follows: State's reconveyance to Georgia Northern Railway Company. All that certain tract or parcel of land beginning at the southeast corner of the lands of Colquitt County being conveyed to the grantee herein contemporaneously herewith; thence running almost due north a distance of four hundred and five (405) feet to the north city limit of the city of Moultrie, Georgia; thence along said city limit line six hundred and twelve (612) feet east; thence south three hundred and ten (310) feet; thence west two hundred and ninety (290) feet; thence south one hundred and sixty eight (168) feet to the north margin of Ninth Avenue, N. E.; thence nearly west along the north margin of Ninth Avenue, N. E. A distance of three hundred (300) feet to a point on said north margin of said Ninth Avenue, N. E.; thence north four degrees west seventy-eight (78) feet to point of beginning, according to a plat thereof, along with other property adjacent thereto, made by E. P. McLean Engineering Company and designated `site proposed for location of State Farmers Market by Georgia Northern Railway, Moultrie, Georgia,' and containing five and seventy-nine hundredths (5.79) acres. Also a strip twenty-five (25) feet wide across the northernmost part of that tract designated on said plat above referred to as `property formerly owned by Colquitt County' and being the twenty-five (25) foot strip immediately south of the city limits of Moultrie, Georgia, and being that portion of the Colquitt County tract heretofore conveyed by said county to party of the first part. Be it further Resolved that the State of Georgia does reconvey the above described property, or any interest or rights that it may have to same to the Georgia Northern Railway Company. Approved March 9, 1945.

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SUSPENSION OF CRAB TAX RATIFIED. No. 37. A RESOLUTION. Whereas, Honorable Ellis Arnall, Governor of Georgia, did by Executive Order on the 29th day of March, 1944, suspend the collection of a part of the taxes levied upon crabs caught or taken from the waters of this State for sale, the Executive Order of the Governor providing as follows: Executive Order Whereas: Under an Act of the General Assembly approved March 24, 1937, (Georgia Laws 1937, p. 622,) a tax of one-eighth of one cent was imposed upon every pound of crabs caught or taken from the waters of this State for sale; and Whereas: It appears that only a small percentage of the crab is useable meat, and that the tax on crab meat actually amounts to eight cents per gallon or approximately one cent a pound; and Whereas: Honorable Charles N. Elliott, Director of the Game and Fish Commission of Georgia, has advised me that this crab tax is much higher than that of adjoining States, thus working a hardship on Georgia dealers, and that this tax is also out of proportion with the tax on other seafood products; and Whereas: Said Director has advised me that the State Game and Fish Commission has thoroughly investigated this matter and has recommended that the tax on the inedible portion of the crab be suspended; and Whereas: The Code, Section 40-205, authorizes the Governor to suspend collection of taxes, or any part thereof, due the State until the meeting of the next General Assembly; By virtue of the authority vested in the Governor by Code, section 40-205, it is Ordered: That the collection of the crab tax referred

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to above be and it is hereby suspended as to the part of the crab which is not edible meat, so that until the meeting of the next General Assembly, the crab tax shall be collected only on crab meat. For the purposes of this order, where crabs are sold in the shell or whole, one-eighth of their weight is to be considered as edible meat. This order is to become effective April 1, 1944. This the 29th day of March, 1944. BY THE GOVERNOR: Ellis Arnall, GOVERNOR. M. E. Thompson, Secretary Executive Department. Now therefore, the above and foregoing Executive Order of the Governor, Ellis Arnall, be, and the same is hereby approved and confirmed, and after the passage of this Resolution the tax levied upon crabs taken from the waters of this State for sale shall be one-eighth of one cent per pound on the edible meat of such crabs so taken. Suspension of crab tax ratified. Tax on crab meat. Be it further Resolved that all laws in conflict with this Resolution be, and the same are hereby repealed. Approved March 9, 1945. SALE OF MARSH LAND TO SEA ISLAND COMPANY RATIFIED. No. 38. A RESOLUTION. To approve and confirm in all respects the sale by the State Properties Commission to Sea Island Company of all of the right, title and interest which the State of Georgia had or may have had prior to such sale in a tract of marsh land containing 930 acres, more or less, in Glynn County, Georgia, and the execution and delivery of a

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deed by said State Properties Commission to said Sea Island Company conveying said tract of land and all of the right, title and interest which the State of Georgia had or may have had in and to said tract of land; and for other purposes. Whereas, the General Assembly of Georgia did by Resolution approved March 15, 1943 (Georgia Laws 1943, page 1730) authorize and direct the State Properties Commission to advertise and sell, and, thereafter to execute and deliver to the purchaser at such sale, a deed conveying all of the right, title, and interest which the State of Georgia has or may have in and to a tract of land described in said Resolution as follows, 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; and Whereas, pursuant to the authorization and direction of the General Assembly the State Properties Commission did advertise all of the right, title and interest which the State of Georgia had or may have had in and to the above described tract of land, did sell the same to Sea island Company, a Georgia Corporation, the highest and best bidder therefor pursuant to said advertisement, and did make, execute and deliver to said Sea island Company, a deed without warranty conveying the above described tract of land and all of the right, title and interest of the State of Georgia therein and thereto, and, Whereas, said deed contained a provision that the sale so made should be subject to approval by the General Assembly of Georgia at the regular 1945 Session thereof; and, Whereas, all of the facts and things required to be done by said Resolution have been fully carried out and

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performed and the amount of said Sea Island Company's bid, namely, the sum of One Thousand ($1,000.00) Dollars, which was the highest and best bid at said sale, has been paid over to the State Treasurer; Now, therefore, be it Resolved by the House of Representatives, the Senate concurring, that the sale heretofore made by the State Properties Commission to Sea Island Company, a Georgia Corporation, of the above described tract of land and of all of the right, title and interest of the State of Georgia therein and thereto be, and the same is hereby approved and confirmed in all respects. Sale of marsh land to Sea Island Company confirmed. Approved March 9, 1945. EXCHANGE OF LAND BY THE STATE IN DADE COUNTY. No. 39. A RESOLUTION. Authorizing the Governor, acting for and on behalf of the State of Georgia, to trade certain land owned by the State for 100 acres, more or less, adjoining the State Park in Dade County, and Whereas, it is highly advantageous for the State of Georgia to own and acquire the 100 acre tract of land (more or less) situated adjacent to the State Park in Dade County in order that the boundary of said Park be extended to cover sufficient territory to be of the most use and enjoyment to the citizens of this State; the said property is more particularly described as follows: The surface of 100 acres of Lot of land No. 41, in the 11th District and 4th section of Dade County, Georgia, being all of said lot lying east of Daniel Creek, and Whereas, the State of Georgia owns 160 acres, more or less, which it received by grant from the Federal Government, the said deed being dated December 14,

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1942, and on file in the office of the Clerk of the Superior Court of Dade County, the said property being more particularly described as follows: Beginning at a point on the line between Land Lot one hundred three (103) and one hundred fourteen (114) one hundred thirty feet eastwardly from the northwest corner of Land Lot one hundred fourteen (114); thence north eighty nine degrees (89) thirty one minutes (31[prime]) east along the north line of said Land Lot one hundred fourteen (114) twelve hundred seventy (1270) feet; thence south six hundred eighty six (686) feet to a point in the north right-of-way line of a state highway known as Trenton Highway; thence north sixty degrees (60) fifty three minutes (53[prime]) west along the north right-of-way line of said Trenton Highway fourteen hundred fifty three and seven tenths (1453.7) feet to the point of beginning. Now, therefore, be it Resolved by the General Assembly of Georgia that the Governor is hereby authorized to enter into a trade agreement with the owner or owners of the 100 acres of land (more or less) above described, whereby the State of Georgia will trade for this property the land which it received from the Federal Government as above set forth. This is to be an even exchange and the State shall not pay anything in addition thereto. Governor authorized to trade for tract adjoining State park in Dade County Approved March 9, 1945. REPURCHASE OF MILITARY PROPERTY NEAR HINESVILLE. No. 40. A RESOLUTION. Whereas, the United States Government is now occupying and using for military purposes a large tract of land located near Hinesville, Georgia, in the southeastern part of the state; and Whereas, at the close of the present World War the said government will cease to have need for said land for

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military or other purposes, and in all probability will find it necessary to abandon the same; and Whereas, it is the desire of the members of the House of Representatives that the former owners of said land have the privilege of repurchasing the same if and when it is abandoned by the said government; Therefore, be it resolved by the House of Representatives, the Senate concurring, that the United States Government be, and is hereby requested to grant to the former owners of said tract of land the right to repurchase the same upon such terms as shall be satisfactory to the said government. Request as to former owners' repurchasing military tract near Hinesville. Be it further resolved that a copy of this resolution be sent to each member of the House of Representatives in Congress from Georgia and each Senator of the State of Georgia. Copy to U. S. Senators and Congressmen Approved March 9, 1945. EQUALIZATION OF PAYMENTS IN LIEU OF TAXES BY T. V. A. No. 41. A RESOLUTION. Whereas, in the creation of the Tennessee Valley Authority by Acts of Congress of 1935, as amended by an Act approved June 26, 1940, provision is made for payments to States and local subdivisions, including Counties, in lieu of taxes; and Whereas, under the amendment approved as herein-above recited, payments in lieu of taxes are being made to two or more (Towns and Union) Counties in the State of Georgia, which payments are grossly inadequate based on the value of property taken both by deed and easement, since the property taken was small [Illegible Text] in most instances, occupied by the owner, which were exempt from taxation under the Homestead Exemption Laws of this State; and

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Whereas, it was not contemplated that the Tennessee Valley Authority should receive the benefit of Homestead Exemption Laws of the State of Georgia, and that the payments made in lieu of taxes would be made on a basis of homestead exemption rather than on the value of the property taken; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that Congress be requested to equalize payments to the Counties named herein in lieu of taxation, and that a copy of this Resolution be mailed to the Members of the Congress from the State of Georgia. Congress requested to equalize payments in lieu of taxes, to counties by T.V.A. Approved March 9, 1945. RECONVEYANCE OF LAND BY STATE TO ALBANY. No. 42. A RESOLUTION. Whereas, On the 12th day of May, 1937 the City of Albany, a municipal corporation of the County of Dougherty and the State of Georgia, deeded certain property hereinafter described in the deed attached hereto, without cost or expense to the State of Georgia, to be used for park purposes, (reference is made to the attached deed for a more complete description of said property) and Whereas, Said deed contains a provision that in case the State of Georgia shall cease to use said above described lands for State park purposes for a period of twelve months or shall abandon the above described lands, then the same shall revert to the City of Albany, and Whereas, A substantial portion of the land has not been used by the State of Georgia, and Whereas, The City of Albany is making an effort to obtain a hospital and may need this land not being used for park purposes for the hospital site,

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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 a portion of said property to the City of Albany in the event that a Resolution is passed by the governing authorities of the City of Albany stating that a portion of said land is needed for hospital purposes. State's reconveyance to Albany. Be it further Resolved, That immediately upon the execution and delivery of such deed to a portion of the land that may be described in said deed, the title to the lands so described shall vest in the City of Albany. Title to vest in Albany. CITY OF ALBANY TO DEED STATE OF GEORGIA STATE OF GEORGIA, DOUGHERTY COUNTY, THIS INDENTURE made the 12th day of May in the year of our Lord, one thousand nine hundred and thirty seven between City of Albany, a municipal corporation, of the county of Dougherty, and State of Georgia, of the first part, and State of Georgia, of the second part, WITNESSETH, that the said party of the first part, for and in consideration of the sum of Ten ($10.00) dollars and other good and valuable considerations, in hand paid by said second party at and before the sealing, delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and by these presents, do grant, bargain, sell, alien, and convey unto the said party of the second part, its successors, and assigns, all the following described property to wit: All that tract or parcel of land lying and being in Lee and Dougherty Counties, Georgia, and known and described as a part of the Ball Place, beginning at a point on the west line of land lot No. 299 where said line is intersected by the Albany Philema Road, thence run in a northeasterly direction along said Albany Philema Road a distance of 8200 feet; thence run in a

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northwesterly direction at right angles to said center line of said road 4800 feet, more or less, to Muckalee Creek; thence following meanders of said creek in a southwesterly direction to the north line of land lot 1, First District Lee County, Georgia, thence in a westerly direction to the west line of said land lot; thence south to point of beginning. Said tract containing parts of lots 34, 35, 36, 2, and all of fractional lot 1, First District Lee County, Georgia, and parts of lots 297, 298 and 299, first district Dougherty County, Georgia. Said above described tract lying in one body and containing 600 acres, more or less. Said tract hereinbefore conveyed being more particularly shown on attached plat which is expressly made a part of this deed and attached hereto. Also all that part of land lot No. 328, first district, Dougherty County, Georgia, lying between the east line of said land lot No. 328, and the low water line of Muckalee Creek, and being part of subdivision E Nelson Place. Also shown on attached plat. This deed is executed as a deed of gift under Georgia Laws, 1937, authorizing the State of Georgia, through the Department of Natural Resources, Division of Parks, to accept land donated to the State of Georgia to be used for State Park purposes, and to become a part of the State Park System. In case the State of Georgia, shall cease to use said above described lands for State Park purposes for a period of twelve months or shall abondon the above described lands, then the same shall revert to the City of Albany, its successors or assigns. TO HAVE AND TO HOLD the said premises, with all and singular the rights, members and appurtenances thereunto appertaining to the said party of the second part, in fee simple, party of the first part warrants the title to said lands against the lawful claims of all persons. IN WITNESS WHEREOF the said party of the first part has hereunto set its hand, affixed its seal and delivered these presents this the day and year first above written.

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This deed executed by virtue of unanimous resolution of Board of City Commissioners at regular meeting May 11, 1937. CITY OF ALBANY, GEORGIA BY R. F. ARMSTRONG, MAYOR (SEAL) BY S. T. DILLINGHAM, CLERK (SEAL) (CORPORATE SEAL) Signed, sealed and delivered in the presence of: LUCY PARKER MRS. O. G. HALL, N. P., SEAL DO. CO., GA. Plat recorded Plat Book, Page 151. Recorded May 19, 1937. HOWARD CLARK, CLERK. Approved March 9, 1945. TITLE TO MILLEDGEVILLE LAND VESTED IN BOARD OF REGENTS. No. 43. A RESOLUTION. Whereas, the City of Milledgeville and its citizens have for a long period of time used a certain piece of property called The Jarratt Spring Lot, the same being more particularly designated and defined as comprising all of Lot No. 1 in Square No. 35, according to Dr. Mitchell's official map and survey of the City of Milledgeville, said property being on the southwest corner at the street intersection formed by the crossing of North Wayne and Thomas (formerly North Boundary) Streets, and containing more or less one acre of land, and Whereas, the above described property is recognized as the property of the State of Georgia, but the use of same has long been had by the City of Milledgeville and its people, and Whereas, The Mayor and Aldermen of the City of

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Milledgeville, by appropriate resolution dated January 25, 1945, the same being attached hereto and made a part of this resolution, do desire that this General Assembly pass appropriate legislation to insure that title to this property will be vested in the Regents of the University System of the State, and their successors, for the use of the Georgia State College for Women; and, Whereas, it appears that the resolution and the request of the city authorities of Milledgeville is proper, and will serve to keep the record of title unequivocably clear to this property by showing that same belongs to the State of Georgia and not the City of Milledgeville; Now, Therefore, Be it Resolved by the General Assembly that the Resolution passed by the city authorities of Milledgeville under date of January 25, 1945 be made a part of this Resolution, and that title to the property above described be vested in the Regents of the University System of the State of Georgia, and their successors, for the use of the Georgia State College for Women Conveyance to Regents for use of G.S.C.W. A RESOLUTION. Whereas, A pressing need is known for that land and property commonly The Jarratt Spring Lot, the same to be used by and as a part of the facilities of the Georgia State College for Women; and, Whereas, Said lot and land is recognized as the property of the State of Georgia, but the use thereof has long been had by the City of Milledgeville and its people; and Whereas, The people of the City of Milledgeville hold in great pride the foremost woman's college of the State, and are grateful for the privilege of having it in their city, and are ever eager to lend their efforts to the betterment of its causes and the increase of its facilities: Now, therefore, be it hereby Resolved by the Mayor and Aldermen of the City of Milledgeville, Georgia, That the Representatives of Baldwin County in the General Assembly of Georgia, now in regular session, are requested to introduce, propose and support such appropriate legislation as will by its terms and provisions

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operate to vest in the Regents of the University System of the State, and their successors, for the use of the Georgia State College for Women, the fee simple title to and estate in that land and property located in said City and known by common local reference as The Jarratt Spring Lot, the same being more specifically designated and defined as comprising all of Lot Number One (1) in Square number thirty-five (35) according to Dr. Mitchell's official map and survey of said City, it lying on the southwest property corner at the street intersection formed by the crossing of north Wayne and Thomas (formerly North Boundary) Streets, and containing by estimation and approximation One (1) Acre. Milledgeville's resolution requesting conveyance. Be it further resolved, That this Resolution be spread upon the minutes of the Council, and that duly certified copies of the same be forwarded by the Clerk to the members of the General Assembly representing Baldwin County, in evidence of the desire and appreciation of the people of the City of Milledgeville. STATE OF GEORGIA, COUNTY OF BALDWIN, CITY OF MILLEDGEVILLE. OFFICE OF THE CLERK AND TREASURER OF THE MAYOR AND ALDERMAN OF THE CITY OF MILLEDGEVILLE, GEORGIA. I, the undersigned, Lamar F. Ham, do hereby officially certify that I am duly elected and qualified Clerk and Treasurer of the Mayor and Aldermen of the City of Milledgeville, Georgia, and that as such I am the keeper of the Minutes of the Council of said City, and that the typewritten matter set forth on and contained in the foregoing page hereof is a full, true, correct and complete copy of a certain Resolution which was regularly proposed, supported, and unanimously adopted by the Mayor and Alderman of the City of Milledgeville, Georgia, in a meeting thereof held in the City Hall of said City on Wednesday, January twenty-fourth, A. D., 1945. Certificate by clerktreasurer of Milledgeville. In Witness Whereof, I have hereunto set my official

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hand and the seal of the City of Milledgeville, Georgia, on this the twenty-fifth day of January, A. D., 1945. Lamar F. Ham, Clerk and Treasurer, Mayor and Aldermen of the City of Milledgeville, Georgia. Approved March 9, 1945. LEASE OF LAND BY STATE TO FIRST PRESBYTERIAN CHURCH OF MILLEDGEVILLE. No. 45. A RESOLUTION. Whereas, the First Presbyterian Church of Milledgeville has since 1822 been located on the premises of the old Capitol Square located in the City of Milledgeville, Baldwin County, Georgia, and Whereas, in the early days of the history of the State of Georgia, all churches and religious denominations were accorded similar privileges of locating their buildings of worship on property owned by the State, and Whereas, the First Presbyterian Church of Milledgeville has continuously remained on the above tract of land since 1822 and at the present time is in possession of one-half acre of land located on the northwest corner of said property, and, Whereas, it is now necessary that the church building be expanded several feet on the east side, and several feet on the south side, and Whereas, it would be impractical and would interfere with the symmetry of the other buildings on this tract to make such an expansion without additional land; Therefore, be it Resolved by the House of Representatives, the Senate concurring, as follows: (1) That upon the approval of this Act by the Governor the State of Georgia automatically leases to the First

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Presbyterian Church of Milledgeville an additional 25 feet of land along the east side of said present premises, and an additional 25 feet of land along the southern side of the present premises; State's lease to First Presbyterian Church. (2) Be it further Resolved, that this lease is made for a period of 99 years from date of approval of this Resolution by the Governor, and that said lease be continued upon the fact that the said lessee pay into the treasury of the State of Georgia the sum of $1.00 per year, the said payment to be made during the first six months of each of the years of said lease. In the event the lessee fails to make such payment within the stipulated time, said property shall revert to the State of Georgia. Reversion upon lessee's default. Approved March 9, 1945. SEASHORE STATE PARK. No. 46. A RESOLUTION. Whereas, the State of Georgia has a system of State parks to provide recreational facilities for its citizens and, Whereas, the State has no park or facility on the seashore and, Whereas, there are upon the coast of Georgia island beaches which are unsurpassed on this continent and upon which it would be practical to secure sufficient property for a seashore park; Therefore be it Resolved, by the House, the Senate concurring, that His Excellency the Governor and the Director of State Parks be requested to investigate the feasibility of providing state park facilities on the coast of Georgia and if sufficient property can be acquired economically we recommend that the State acquire such a park or parks and develop them so that at least some portion of this great playground may be preserved forever for the use of the people of Georgia. Seashore State Park. Approved March 9, 1945.

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DAIRYMEN'S SUBSIDY RENEWAL. No. 47. A RESOLUTION. Whereas, the State Legislature meeting in extra session in January, 1944, passed a joint resolution authorizing the Speaker of the House and the President of the Senate to appoint a committee to work with officials of the State Milk Control Board in relieving the serious milk situation then existing in Georgia due to the high cost of milk production; and Whereas, the Speaker of the House and the President of the Senate appointed this committee composed of the following men: Honorable Henry Arnall of Coweta, Honorable Roy McCracken of Jefferson, Honorable Glen Phillips of Columbia, Honorable W. L. Broome of DeKalb, Honorable P. C. Rossee of Putnam, Honorable Troy Preston of Walton and Honorable Walter Harrison of Jenkins County; and Whereas, the work and efforts of this committee contributed largely to the Federal feed subsidy payments to Georgia dairymen being more than doubled thereby increasing the income of Georgia dairymen approximately 3 million dollars for the period, October, 1943, to March 15, 1945; and Whereas, the aforementioned subsidy payments amounting to ninety cents per hundred pounds of milk produced are scheduled to expire March 15, 1945; and Whereas, the discontinuance of this subsidy payment will return Georgia dairymen to the critical condition in which they found themselves in 1943; and Whereas, the members of the aforementioned committee are familiar with the Georgia dairy situation; Now therefore be it Resolved, by the House of Representatives, the Senate concurring, that the members of the above named committee who are now members of the General Assembly of Georgia, be reappointed by the Speaker of the House and the President of the Senate

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respectively and the President of the Senate to appoint two additional members of said committee from the membership of the present State Senate, to work with and assist officials of the State Milk Control Board and the Georgia dairy industry in getting the aforementioned subsidy payments renewed at their proposed expiration date, March 15, 1945; and to make such recommendations, after investigation, as they may think proper to the Director of the Milk Control Board, and to report back to the next regular or special session of the General Assembly, its acts, doings and recommendations in reference to the aforesaid subject matter; Dairymen's subsidy renewal. Be it further Resolved, that the provisions of this resolution shall become effective upon approval of same by the Governor; and upon approval of same, the Governor is requested to authorize the Director of the Milk Control Board to pay from available funds of the Milk Control Board the members of said committee their usual per diem while engaged upon the duties and business of the committee together with actual expenses incident to said committee service. Effective date. Milk control Board's compensation. Approved March 9, 1945. SUSPENSION OF ENFORCEMENT OF SCHOOL ATTENDANCE. No. 48. A RESOLUTION. Whereas, many of the common schools of the State of Georgia have been advised by the State School Super-intendent and the State Board of Education that, because of the reduction in the number of children attending the common schools of Georgia, that many of said schools face imminent loss of standing as accredited schools because of said reduction in pupils, and Whereas, the local boards of trustees, the patrons of the schools, parents of the children, and civic minded citizens in general are alarmed and distressed at the situation, and

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Whereas, it is beyond the control of the local boards of trustees or the county board of education to increase the number of children now attending the said grammar school grades in said common schools of the State of Georgia due to the exigencies existing because of war conditions and the sudden removal of citizens who have grammar school children from one section of the nation to the other, thereby causing a great influx into certain communities and likewise a diminution of grammar school children in many communities of Georgia which thusly have been affected. Now, therefore, be it Resolved by the General Assembly of Georgia that His Excellency Ellis Arnall, the Governor of Georgia, and His Honor M. D. Collins, the State School Superintendent, and the State Board of Education suspend the rigid enforcement of the numerical attendance requisite for accrediting of grammar schools in so far as it affects many schools of Georgia as to their present accredited standing, and all schools of Georgia now accredited remain as accredited schools until more normal conditions return, provided said schools affected by lack of grammar school pupils meet the other educational requirements of the State now in effect. Suspension of enforcement of school attendance. Approved March 9, 1945. ENDORSEMENT OF VOCATIONAL EDUCATION BILL IN CONGRESS. No. 49. A RESOLUTION. Be it Resolved by the House of Representatives, the Senate concurring; Whereas, There is now pending in the Congress of the United States a bill sponsored by Senator Walter F. George of Georgia, and others, to provide vocational education and retraining.... programs for the occupational adjustment and readjustment of youth and adults,

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including persons demobilized from essential war work or from the armed services, and Whereas, Our public vocational schools will be called upon to train for gainful employment large numbers of demobilized war workers, veterans, and other youth and adults, and Whereas, Under the pending bill, Georgia would receive from the Federal government substantial additional allocations of funds for the expansion of vocational education programs in the fields of agriculture, trades and industry, home economics, public service occupations, distributive and business education, and Whereas, Under the pending bill, funds allocated to Georgia would be distributed through established educational channels without Federal domination or control, and Whereas, An expanded vocational education program such as Georgia will need in the postwar era cannot be financed out of state funds alone: Therefore, be it Resolved, (1) That the General Assembly of Georgia commend the Honorable Walter F. George and the cosponsors of this proposed legislation for their vision and statesmanship in offering such a masure, and Senator George et al. commended. (2) That we heartily endorse the bill as a progressive step in expanding public education services and facilities, and Congressional, vocational, educational bill endorsed. (3) That we request members of the Georgia delegation in the Congress of the United States to give the bill their active support; and Congressional support requested. Be it further Resolved, That copies of this Resolution be sent to Senator George and to other members of the Georgia delegation in Congress. Copies to Congressmen. Approved March 9, 1945.

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RICHMOND DELEGATION DINNEREXPRESSION OF APPRECIATION. No. 50. A RESOLUTION Whereas, the Richmond County delegation were hosts to the General Assembly of the State of Georgia and to many of the State officials and their staffs on the evening of February 28th, 1945, and Whereas, this festive occasion was one of great pleasure and enjoyment to the members of the Assembly, diverting them briefly and delightfully from the multitudinous cares of State, from the dubious dinners that otherwise they might have consumed alone, and from the wearying routine of conference, debates and committee meetings, and Whereas, there was ample evidence that the members of this Assembly thoroughly enjoyed themselves on this occasion of goodfellowship: Therefore be it resolved by the House of Representatives, the Senate concurring, that the General Assembly of the State of Georgia express its appreciation to the members of the delegation from the County of Richmond for their hospitality and convey to them with appropriate formality their expression of appreciation. Expression of appreciation to Richmond delegation. Approved March 9, 1945. RECONVEYANCE BY STATE TO CAMDEN COUNTY. No. 51. A RESOLUTION. Whereas, On the 4th day of August 1937 the property herein described was conveyed without cost or expense to the State of Georgia by the County of Camden to be used for the purpose of constructing thereon a headquarters building for the Camden County Timber Protective Organization; and

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Whereas, The said Camden County Timber Protective Organization and the said State of Georgia have failed to use the property for said purpose or for any other purpose and it further appearing that the State of Georgia has no use for the property at the present time; Therefore, be it Resolved, and it is hereby 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 the following described property to Camden County immediately upon the passage and approval of this Resolution to wit: Reconveyance by State to Camden County. All of those certain lots, tracts or parcels of land situate, lying and being in Camden County, Georgia, and in the City of Woodbine, comprising a total of one acre, more or less, and more particularly described as Lots Number Five (5) and Six (6), in Block `L', according to map or plat of the city of Woodbine, as recorded in Book `V' page 525, in the office of the Clerk of Superior Court, Camden County, Georgia. Said lots or parcels of land being a part of the same and identical real property as was deeded to Camden County, Ga., by the Seaboard Air Line Railway Company, and others, on May 24, 1927, and recorded in Deed Book `GG' folio 529-40, in the office of Clerk of Superior Court of Camden County, Georgia. Be it further Resolved, that immediately upon the execution and delivery of such deed, the title to the land described herewith shall vest in Camden County. Approved March 9, 1945. JEWISH RESETTLEMENT IN PALESTINE. No. 52. A RESOLUTION. Whereas, The Jewish people of this State, to alleviate the sufferings of their stricken European brethren, have purchased a plot of ground for refugee resettlement in Palestine, to be known as the Georgia Colony, and

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Whereas by this Act the name of the State of Georgia is being perpetuated in the Holy Land of three religions, from where sprang the great spiritual truths contained in the Bible which is the cornerstone of our democratic way of life, Now therefore be it Resolved by the Senate and House of Representative of the State of Georgia that our Jewish fellow-citizens be commended for memorializing the name of this State on the soil of Palestine, and Jewish fellow-citizens commended. Be it further Resolved that this Legislature record its continuing sympathy with the movement to abolish all measures restricting Jewish immigration into Palestine, so that all seeking a new life of freedom and dignity after this war, may settle on the soil of the ancestral homeland with a view of developing it as a free and democratic Jewish Commonwealth. Sympathy for Jewish Palestine movement. Approved March 9, 1945. LAW BOOKS TO MONTGOMERY COUNTY. No. 53. A RESOLUTION. Authorizing the State Librarian to furnish to the Ordinary of Montgomery County, without cost to said county, certain enumerated volumes of the Georgia Supreme Court and Court of Appeals. Whereas, there is missing and lost from the library in the Ordinary's office of Montgomery County, the following enumerated volumes of the Georgia Reports and Court of Appeals Reports, to-wit: Georgia Reports, Volumes: 1, 2, 11, 12, 13, 14, 15, 16, 36, 39, 40, 41, 42, 44, 50, 52, 53, 54, 55, 68, 69, 70, 71, 73, 86, 89, 94, 96, 108, 109, 114, 119, 121, 126, 133, 134, 157, 169, 170, 175, 177, 178, 179, 183, 189, 190. Court of Appeals Reports, Volumes: 5, 6, 7 and 45; and Whereas, the business of the Ordinary of said County

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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 Ordinary of Montgomery County for the use of its library, without cost to Montgomery County, the missing volumes of said Georgia Reports and Court of Appeals Reports as above enumerated. If for any reason the State Librarian cannot furnish the law books above specified, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required for same. Law books for Montgomery County. Approved March 9, 1945. CONGRATULATIONS TO THE GOVERNOR AND AGRICULTURAL AND INDUSTRIAL DEVELOPMENT BOARD. No. 54. A RESOLUTION. Whereas, Hon. Ellis Arnall, Governor of the State of Georgia, has named and set up an Agricultural and Industrial Development Board composed of outstanding and patriotic Georgians, and Whereas, Panel No. 1, known as the Agriculture Panel, composed of Hon. Cason J. Callaway, Chairman, Hon. Tom Linder and Hon. J. L. Pilcher, Members, and Hon. Pearce H. Layfield, Director, has completed the formation of 100 farm corporations in the State, capitalized at $7,000 each, which farm corporations are dedicated to the inaguration of a program of soil building and crop diversification, and Whereas, The panel has also approved Commissioner Tom Linder's fourteen point program for the development of Georgia Agriculture, and Whereas, The Education Panel, composed of Hon. M.

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D. Collins, Chairman, Mrs. Frank C. David and Hon. Wilson Williams, Members, with Hon. O. C. Aderhold, Director, has completed surveys of four Statewide educational problems: (1) administrative organization of the school system, (2) pupil transportation, (3) school buildings, and (4) teacher education, and has formulated legislation which the board has recommended to the General Assembly for adoption, and Whereas, The Education Panel is also carrying on an intensive school development program in 16 selected counties with a view of studying education problems throughout the State of Georgia, and Whereas, The Government Panel, composed of Hon. Ivan Allen, Chairman, Hon. Walter R. McDonald and Hon. Charles B. Gramling, Members, with Dr. Cullen B. Gosnell, Acting Director, has worked faithfully and well on the problem of what State and local governments can and should do for returning service men and women, and has prepared legislation which the Board has endorsed and recommended to the General Assembly for the benefit of veterans, and Whereas, The Health Panel, composed of Dr. Thomas F. Abercrombie, Chairman, Hon. M. King Tucker and Judge Blanton Fortson, Members, and Dr. Rufus F. Payne, Director, has completed a survey of public health and hospital facilities in the State and has made recommendations for the adoption of a Statewide program of healt protection and the adoption of a district system of public health administration as a method of securing greater efficiency and economy of operation, and Whereas, The Industry Panel, composed of Hon. Robert Strickland, Chairman, Hon. Wiley L. Moore and Hon. Charles L. Bowden, Members, with Hon. W. C. Cram, Jr., Director, is promoting the establishment of local home-owned industries in communities and towns throughout the State, which is bearing fruit, and which panel is working on a national campaign to attract out-of-state industries to Georgia, and to promote the establishment of local industries, and

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Whereas, The Public Works Panel, composed of Hon. Ryburn G. Clay, Chairman, Hon. Henry T. McIntosh and Hon. Alfred W. Jones, Members, with Hon. G. T. Papageorge, Director, is conducting rural and urban public works studies in the counties and cities of the State to assist them in planning a comprehensive construction program for the years following the end of the war, which includes highways, streets, schools, hospitals, airports, water supply, sewage disposal and drainage systems; and, through the Frederic R. Harris Company, a New York engineering firm, is conducting a comprehensive survey of the principal river systems of Georgia and another survey of port facilities at Savannah and Brunswick, looking to the creation of State ports, and Whereas, The Trade, Commerce and Business Panel, composed of Hon. W. N. Banks, Chairman, and Hon. Robert W. Groves and Hon. William H. McNaughton, Members, with Hon. Lee S. Trimble, Director, is perfecting a comprehensive tourist development program for Georgia, including the development of mountain and coastal areas and historic and scenic interest points throughout the State, as well as a Statewide survey of Georgia forests and natural resources, and Whereas, The members of the various panels have individually and collectively performed an outstanding service to the State of Georgia and the citizens thereof, under the able leadership of Hon. Ellis Arnall, Governor of said State, Now, therefore, be it Resolved By the House of Representatives, the Senate concurring, that the Hon. Ellis Arnall, Governor of the State of Georgia, be congratulated and commended for his sagacity and foresight in naming such patriotic and outstanding Georgians to the Agricultural and Industrial Development Board. Governor commended. Be it further Resolved That the commendation of the people of Georgia, acting by and through their duly constituted representatives, is extended to each and every member of the Agricultural and Industrial Development

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Board for their untiring efforts and patriotic service to the great State of Georgia. Members of Agricultural and Industrial development Board commended. Be it further Resolved That the Clerk of the House of Representatives be and he is hereby instructed to mail a copy of this Resolution to each member and director of the various panels as set forth herein. Copies of this resolution to certain members. Approved March 9, 1945. WILLIAM ANDERSON ALEXANDER COMMENDED. No. 56. Whereas, William Anderson Alexander has become director of athletics at the Georgia School of Technology after loyally serving his alma mater as head football coach for twenty-five years, and Whereas, through his unmatched knowledge of the game his great skill as a teacher and his extraordinary ability as a wise and modest leader of men, he has done a great service for the Georgia School of Technology and for the State of Georgia, not merely in the remarkable quality of the teams which he has trained but rather in the emphasis upon those standards of right living and good character which he has impressed upon hundreds of young men, and Whereas, his courage, forthrightness, and high sense of honor, have made him a powerful influence in maintaining in college athletics that high tradition of good sportsmanship and honorable conduct of which he is himself a notable example. Therefore, be it Resolved by the House of Representatives, the Senate concurring, that William Anderson Alexander be heartily commended for his accomplishments in behalf of the young men of this state, and Coach Alexander of Tech commended. Be it further Resolved that he be presented with a copy of this resolution as a testimonial of the appreciation and good wishes of his fellow citizens. Approved March 9, 1945.

Page 1255

SURETY F. B. WEST RELIEVED. No. 57. A RESOLUTION. Whereas, F. B. West did on the 5th day of June 1941 become Surety for the appearance of Henry West in a certain misdemeanor case pending in the Superior Court of Worth County, Georgia, in which case Henry West was charged with uttering a check without funds; and Whereas, Henry West failed to appear in compliance with the conditions of said bond, whereupon the bond was forfeited and rule nisi was issued and made absolute and execution issued on the forfeiture of said bonds in the principal sum of $100.00 and entered upon the general execution doocket of Worth County, Georgia; and Whereas, the reason that Henry West did not appear at the call of said case was that the worthless check had been made good and the parties had agreed to recommend to the Solicitor General that the case be nol-prossed and, before said agreement was effectuated, the Sheriff of Worth County, Georgia, died; and Whereas, The indictment has now been nol-prossed and restitution made for the worthless check, Now, therefore, be it Resolved By the House of Representative, The Senate concurring, that inasmuch as the conditions of the bond have been met by the principal, in so far as it was within his knowledge to do so, and since restitution has been made by the principal to the person to whom the worthless check was given, and since the indictment has been nol-prossed, that the said F. B. West, as Surety for Henry West, be relieved from the payment of said bond and the Clerk of the Superior Court of Worth County, Georgia, is hereby authorized and instructed to mark the execution issued upon the forfeiture of the Henry West bond cancelled and satisfied of record. Surety F. B. West relieved. Approved March 9, 1945.

Page 1256

RECONVEYANCE BY STATE TO COLQUITT COUNTY. No. 58. A RESOLUTION. Whereas, on the 2nd day of February, 1944, Colquitt County, acting by and through its board of county commissioners, deeded a certain tract of land to the State of Georgia, the said deed having been filed on the 18th day of March, 1944, in the office of the Clerk of the Superior Court of Colquitt County and recorded in Deed Book 120, Folio 160-164, on the assumption that the State of Georgia, acting through the Commissioner of Agriculture, would erect a State Farmers Market on said conveyed premises, and Whereas, it subsequently developed that the State of Georgia did not erect said farmers market on the conveyed premises, and further, that the State of Georgia will not in the future use this site for the location of a farmers market since another site has been obtained in Colquitt County, and Whereas, the above stated deed was made to the State of Georgia in good faith by the county commissioners of Colquitt County, and Whereas, the Commissioner of Agriculture of the State of Georgia likewise acting in good faith and believing that a State Farmers Market would be placed on this site, but subsequently due to conditions beyond the control of either of the parties, it was definitely decided that the State Farmers Market should not be erected on this site, Now, therefore, be it resolved by the General Assembly of the State of Georgia, that the following described property which was conveyed to the State of Georgia by Colquitt County now be re-conveyed by the State of Georgia to Colquitt County, the said property being described as follows: Reconveyance by state to Colquitt County. A certain tract of land in the northern part of the

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City of Moultrie, Colquitt County, Georgia, located on the north side of and facing south on Ninth Avenue, N. E., in said city and more particularly described as beginning on the north margin of said Ninth Avenue, N. E., at a point which is seventy-eight (78) feet north of the southwest corner of that tract of land owned by the Georgia Northern Railway Company and known as the Anderson old place, which point of beginning is also the northeast corner of a right angle jog in said avenue, thence run along the east line of said land of said railway company north four degrees west and north three degrees west a distance of three hundred and eighty (380) feet and to the south margin of that strip twenty-five feet in width north and south heretofore deeded by the first party herein to said Georgia Northern Railway Company, thence run west along the south margin of said twenty-five (25) foot strip parallel to the north line of the city limits of the city of Moultrie approximately four hundred and fifty feet, and to the west line of another tract owned by said railway company and known as the Pace old place, thence run south six degrees and thirty minutes east along said west line of the last named tract of said railway company approximately four hundred and two feet, and to the north margin of said Ninth Avenue, N. E., and thence run north eighty-eight degrees east along said north margin of said avenue four hundred and twenty-six (426) feet to the point of beginning. The tract hereby conveyed is shown on plat made by the E. P. McLean Engineering Company, Moultrie, Georgia, and designated Site Proposed for Location of State Farmers Market by Georgia Northern Railway, Moultrie, Georgia, on which it is designated Property formerly owned by Colquitt County 4.21 A. Said plat shows as included therein said twenty-five (25) foot strip previously conveyed by the first party to said railway company, as above referred to. Be it further Resolved, that any title, right or interest that the State of Georgia may have had in the above described property be, and the same is hereby conveyed to the County of Colquitt. Approved March 9, 1945.

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FAIR STANDARDS OF PROCEDURE OF FEDERAL AGENCIES. No. 59. A RESOLUTION. Be it Resolved by the House of Representatives of Georgia, the Senate concurring: Whereas, the General Assembly of Georgia realizes that we cannot now dispense with some of the Federal agencies which are authorized to exercise fact-finding and quasi-judicial functions; and Whereas, we know that valuable rights are seriously jeopardized when these Federal agencies act arbitrarily and when their rules of procedure are not fair to all parties, are not clearly and publicly set forth, are not conscientiously followed, and are not universally subject to judicial review; and Whereas, there has been introduced in the Congress of the United States a bill known as the McCarran-Summers Bill (S. 7, H. R. 1203) which prescribes fair standards of procedure by Federal administrative agencies authorized to exercise fact-finding and quasi-judicial functions, and we believe that the public interest would be greatly served by the enactment by Congress of the proposed bill; Now, therefore, be it Resolved, that we respectfully urge that our Senators and Representatives in the House of Representatives of the Congress of the United States use their best efforts to secure the early enactment of this bill. Request for enactment of fair standards of procedure for Federal agencies. Be it further Resolved that copies of this resolution be mailed to our Senators and Representatives in the House of Representatives of the Congress of the United States. Approved March 9, 1945.

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PAUL M. STRICKLANDCOMPENSATION FOR INJURIES. No. 61. A RESOLUTION. Whereas, on July 25, 1936, Paul M. Strickland, Private, Company E, 121st Infantry, while in the line of duty as a member of the National Guard of Georgia en route from a period of field training at Camp Foster, Florida to his home station at Brunswick, Georgia, was injured when a truck operated by a negro collided with the truck of the National Guard in which said guardsman was riding, his injuries consisting of a compound, comminuted, depressed fracture of the skull of the left frontal region, a laceration of the brain with indriven bone fragments and other foreign material, and which injuries resulted in a permanent disability in that he is affected with Jacksonian Epilepsy, which condition will continue during the remainder of said guardman's life necessitating the payment of doctor's bills, medicine and treatment; Therefore, be it Resolved by the House of Representatives, the Senate concurring, that the Budget Bureau of this State be and they are hereby authorized to pay out of any unappropriated funds in the treasury to the said Paul M. Strickland as compensation for his said injuries the sum of Twenty-five Hundred ($2500.00) Dollars. Said compensation being based on total disability, and to be paid on the same basis as is provided by the Code of Georgia in workmen's compensation cases. Compensation to Paul M. Strickland for injuries. Approved March 9, 1945. COUNCIL OF STATE GOVERNMENTS. No. 63. A RESOLUTION. That the State of Georgia and the State Administration continue to cooperate fully with the Council of State Governments; to authorize an appropriation to the Council of State Governments in a proportionate amount comparable with funds appropriated to the Council of State

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Governments by other States of comparable size and resources; such amount to be determined and paid by the Budget Commission when funds become available; and for other purposes; Whereas, it is desirable for the State of Georgia to participate in the Council of State Governments and such participation is beneficial to the State of Georgia. Now therefore, be it Resolved by the General Assembly of Georgia: That the State of Georgia and the State Administration continue to cooperate fully with the Council of State Governments, and authority is hereby given to appropriate funds to the Council of State Governments in a proportionate amount comparable with funds appropriated to the Council of State Governments by other States of comparable size and resources; such amount to be determined and paid by the Budget Commission when funds become available. Georgia's cooperation with Council of State Governments continued. Approved March 9, 1945. HON. JOHN M. SLATON CONDOLENCE. No. 64. A RESOLUTION. Whereas, in the death of Mrs. John M. Slaton Georgia has suffered an irreparable loss, and Whereas, the Honorable John M. Slaton did serve this state with distinction as President of the State Senate, and as Governor, and Whereas, the members of the General Assembly are mindful of the great sorrow being suffered by the said John M. Slaton by reason of his great bereavement, Be it therefore Resolved by the House of Representatives, the Senate concurring, that the condolences and sympathies of the General Assembly be and are hereby extended to the Honorable John M. Slaton. Condolences to Hon. John M. Slaton. Approved March 9, 1945.

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SUPREME COURT OF GEORGIA HON. R. C. BELL Chief Justice HON. W. F. JENKINS Presiding Justice HON. W. H. DUCKWORTH Associate Justice HON. WILLIAM Y. ATKINSON Associate Justice HON. LEE B. WYATT Associate Justice HON. T. GRADY HEAD Associate Justice HON. T. S. CANDLER Associate Justice ARTHUR H. CODINGTON Reporter M. M. VIGNAUX Assistant Reporter KATHARINE C. BLECKLEY Clerk HENRY H. COBB Deputy Clerk LEWIS R. WADDEY Sheriff

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COURT OF APPEALS OF GEORGIA HON. NASH R. BROYLES Chief Judge HON. I. H. SUTTON Presiding Judge HON. HUGH J. MacINTYRE Judge HON. JULE W. FELTON Judge HON. B. C. GARDNER Judge HON. DAVE M. PARKER Judge ARTHUR H. CODINGTON Reporter M. M. VIGNAUX Assistant Reporter WILLIAM G. ENGLAND Clerk G. S. NEW Deputy Clerk WALTER J. HAMMOND Sheriff

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SUPERIOR COURT CALENDAR FOR 1945 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 Monday in March and October, and fourth Monday in June. CookFirst and second Mondays in February, May, August and November. LanierFourth Mondays in February, 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, BOND ALMAND, WALTER C. HENDRIX, A. L. ETHERIDGE, FRANK A. HOOPER, JR., Judges, Atlanta. E. E. ANDREWS, 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 Mondays in February and May, second Monday in September 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, third Monday in August and first Monday in December. CobbThird and fourth Mondays in January, April and July, and first and second Mondays in November. FanninSecond Mondays in April, August and December. ForsythFourth Mondays in March and August, and third Monday in November. GilmerThird Monday in May, and second Monday in October. PickensFirst Monday in April, and fourth Monday in September. BRUNSWICK CIRCUIT. HON. GORDON KNOX, Judge, Hazlehurst. W. GLENN THOMAS, Solicitor-General, Jesup. ApplingThird and fourth Mondays in March and October. CamdenFirst Mondays in April and November. GlynnSecond Mondays in January, May and September. Jeff DavisFirst Mondays in March, June and December, and fourth Monday in September. WayneThird and fourth Tuesdays in April and November. CHATTAHOOCHEE CIRCUIT. HON. T. HICKS FORT, Judge, Columbus. ED. WOHLWENDER, JR., Solicitor-General, Columbus. ChattahoocheeFourth Mondays in March and September. HarrisThird and fourth Mondays in January and third and fourth Mondays in 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 January, and first and second Mondays in July.

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CHEROKEE CIRCUIT. HON. J. M. C. TOWNSEND, Judge, Wildwood. 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. SAMUEL J. BOYKIN, Judge, Carrollton. LUTHER M. WYATT, 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. W. W. LARSEN, JR., Solicitor-General, Dublin. JohnsonThird Mondays in March and September. LaurensFourth Mondays in January, April, July and October. TwiggsSecond Mondays in April and October. EASTERN CIRCUIT HON. DAVID S. ATKINSON, Judge, Savannah. SAMUEL A. CANN, Solicitor-General, Savannah. ChathamFirst Mondays in March, June and December, and second Monday in September.

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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 January, April, July and October. 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. HON. MALCOLM D. JONES, Macon; MALLORY C. ATKINSON, Macon, Judges. CHARLES H. GARRETT, Solicitor-General, Macon. BibbFirst Mondays in February, April, June, August, October and December. CrawfordThird and fourth Mondays in March and October. HoustonFirst and second Mondays in April, third and fourth Mondays in September. PeachFirst and second Mondays in March and August and third and fourth Mondays in November. 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.

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NORTHEASTERN CIRCUIT. HON. BOYD SLOAN, Judge, Gainesville. 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 Monday in March, fourth Monday in July, first Monday in September, and second Monday in December. OglethorpeThird Mondays in March and September. OCMULGEE CIRCUIT HON. GEORGE S. CARPENTER, Judge, Milledgeville. C. S. BALDWIN, JR., Solicitor-General, Milledgeville. BaldwinSecond Mondays in January, April, July and October. GreeneFourth Mondays in January, April, July, and October. HancockFourth Monday in March, second Monday in June, fourth Monday in September, and second Monday in December. 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.

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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. J. L. RENFROE, Judge, Sylvania. FRED T. LANIER, Solicitor-General, Statesboro. BullochFourth Mondays in January, April, July and October. EffinghamThird Mondays in April and October. JenkinsSecond Mondays in May and November. ScrevenThird Mondays in May and November. PATAULA CIRCUIT. HON. CHARLES W. WORRILL, Judge, Cuthbert. R. A. PATTERSON, Solicitor-General, Cuthbert. ClayThird Mondays in March and September. EarlyThird Mondays in January and July. MillerFourth Mondays in April and October. QuitmanFourth Mondays in March and September. RandolphFirst Mondays in May and November. SeminoleThird Mondays in April and October. TerrellFirst Mondays in June and December. PIEDMONT CIRCUIT. HON. CLIFFORD PRATT, Judge, Winder. HOPE D. STARK, Solicitor-General, Lawrenceville. BanksThird Monday in March, and second Monday in November. BarrowThird and fourth Mondays in February and August, and first Mondays in May 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.

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SOUTHERN CIRCUIT. HON. O. H. DUKES, 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. 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.

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TIFTON CIRCUIT. HON. R. EVE, Judge, Tifton. W. C. FOREHAND, Solicitor-General, Sylvester. IrwinThird and fourth Mondays in February and November and the first Monday in July. 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 April, July and October, and Third Monday in January. WilkesFirst Mondays in February, May, August and November. WAYCROSS CIRCUIT. HON. WALTER THOMAS, Judge, Waycross. JOHN W. BENNETT, 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 ADJUTANT GENERAL Subsistence 224 ADMINISTRATION OF ESTATES Of intestates, when not necessary 167 ADOPTED CHILDREN Birth certificates 612 AGRICULTURAL PRODUCTS Reciprocal agreements with other States 265 ALAPAHA JUDICIAL CIRCUIT Court reporter's compensation 582 ALBANY Reconveyance of land by State to Albany 1236 ALEXANDER, WILLIAM ANDERSON Congratulatory resolution 1254 ALMA Park and Tree Commission; referendum 799 ALTO SANITARIUM Investigating committee 1209 AMERICUS Territorial limits extended 1140 APPLING COUNTY Board of commissioners of roads and revenues created 650 County attorney 650

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APPROPRIATIONS Additional appropriation for schools 1191 T. W. Erickson reimbursed for damages 1074 For injuries to Corporal and Mrs. R. D. Brown 1039 Paul M. Stricklandcompensation for injuries 1259 Teacher's retirement 113 ATKINSON, LT. DAVID S., JR. Condolences 1209 ATLANTA Board of Education reimbursed for tax losses 907 Charter amendmentsvarious departments 1142 Deputy recorder created 878 Employees, classified and unclassified service 1044 Pensions laws amended 999 Sale of parks property 586 School bondsconstitutional amendment 105 Territorial limits extended 580 , 905 ATLANTIC STATES MARINE FISHERIES COMMISSION Expenses 193 AUDITOR State 115 AUGUSTA Charter amendments 735 Employees' pension fund 813 Firemen's compensation 865 Firemen's and policemen's pensions; commissioner of public safety 782 Mayor eligible to succeed himself 728 Mayor's salary 729 Municipal court salaries 982 Municipal court sheriff, clerk and deputies 1158 Policemen's salaries 779 AUGUSTA JUDICIAL CIRCUIT Solicitor general's salary 992 B BAINBRIDGE City court salaries 507

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BALDWIN COUNTY Superior court terms 920 BANKING DEPARTMENT Salaries 403 BANKS AND BANKING Bank loans on real estate 208 Bank's payment of forged checks 228 Certain acts repealed 216 Examination of banks 253 Examiner's verification of individual deposits1943 Act repealed 253 BANKS COUNTY Commissioners' and clerk's salaries 909 BAR EXAMINATIONS 151 BARNESVILLE Elections of mayor and councilmen 613 BARROW COUNTY Superior court terms 692 , 877 BAXLEY City court judge's salary, payment of 1146 BEN HILL COUNTY AND FITZGERALD Airport commission created 879 BERRIEN COUNTY Tax commissioner's compensation 1078 BIBB COUNTY Occupation taxesbuilding regulations 863 Retirement systemconstitutional amendment 106 BIRTH CERTIFICATES Adopted children 612

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BLUE RIDGE JUDICIAL CIRCUIT Solicitor-general's salary 607 BOARD OF REGENTS Title to Milledgeville land vested in Board of Regents 1239 BOWERS, HON. GORDON, CONDOLENCES 1210 BREAD, FLOUR, CORN MEAL Enrichment 425 BROOKS COUNTY Law enforcement officers' disability payments 1117 BROWN, R. D. Compensation for injuries 1039 BRUNSWICK City court Act amended 1092 Closing of certain streets and exchange of property 1119 Street closing ratified and conveyance authorized 894 BRUNSWICK JUDICIAL CIRCUIT Judge's salary 890 Judge's salaryconstitutional amendment 102 Solicitor-general's salary 136 BRUNSWICK PORT AUTHORITY 1023 BRUNSWICKST. SIMONS HIGHWAY Employees' pensions 623 BUILDING AND LOAN ASSOCIATIONS Members 263 BUILDING CODES Building codes in certain counties 900 BUS PROPERTY Sale of street railroads and bus properties 260

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BUTTS COUNTY Law books to 1216 C CAIRO Charter amendments, city manager, referendum 603 CALHOUN School tax 803 Territorial limits 561 CALHOUN COUNTY Compensation of Commissioners 836 CAMDEN COUNTY Reconveyance of land by the State 1248 CAMILLA Charter amendments 516 City court sheriff's bond 601 CAMP STEWART Sale 1214 CAMPAIGN EXPENSES Candidates' campaign expenses 187 CANDLER COUNTY Tax Commissioner's compensation 504 CARROLL COUNTY Board of Commissionersamendments 509 Sheriff's automobile expenses 951 CARROLLTON Charter amendments 872 CEDARTOWN Zoning 620

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CHATHAM COUNTY Commissioners' compensation 517 School taxconstitutional amendment 99 CHATTAHOOCHEE COUNTY Commissioners' compensation 525 CHATTAHOOCHEE JUDICIAL CIRCUIT Solicitor general's compensation 896 CHEROKEE COUNTY Commissioner's clerk's salary 617 Superior court terms 1012 CHICKAMAUGA School tax 575 CITY COURTS Assistant solicitor's salary in certain counties 991 City Court of Baxley judge's salary, payment of 1146 City Court of Brunswick Act amended 1092 City Court of Danielsville abolished 725 City Court of Eastman judge's salary 716 City Court of Gray abolished 637 City Court of LaGrange clerk's fees 806 City Court of Louisville jury trials 1159 City Court of Ludowici judge's and solicitor's salaries 989 City Court of Lyons Acts repealed 943 City Court of Springfield judge's salaryreferendum 1156 City Court of Swainsboro clerk's and sheriff's compensation 1109 Darien City Court abolished 683 Mettersalaries 542 Reporters in certain counties 1107 Solicitor's clerk in certain counties 1179 CIVIL SERVICE County police Act repealed in certain counties 1016 Probation officers and assistants in certain counties 1009 CLARKE COUNTY Commissioners' compensation 635

Page 1277

CLAYTON COUNTY Tax commissioner's clerk's salary 940 CLERK OF HOUSE AND SECRETARY OF SENATE Printing and distribution of Constitution 1211 CLERK SUPERIOR COURT Lincoln County clerk superior court compensation 922 CLERKS AND SHERIFFS Additional compensation in certain counties 1185 CLERKS, ORDINARIES AND SHERIFFS Compensation in certain counties 889 CLINCH COUNTY Commissioners' compensation 916 County court solicitor 829 COBB COUNTY Commissioner's clerk's salary 840 COGDELL, ALTON Alton Cogdell Memorial Association 1213 COLLEGE PARK Charter amendments 1163 Compensation of East Point for facilities, and arbitration 1163 COLQUITT COUNTY Reconveyance of land by the State 1256 COLUMBUS Board of education 857 Closing and sale of street 997 Fire department employed outside city limits 786 Mayor's salary 995 Primary elections 1019 Taxation 861 Teachers' trust property investments 927 Territorial limits extendedreferendum 841

Page 1278

COLUMBUS AND MUSCOGEE MUNICIPAL COURT Judge's salary 609 COMER Charter amendments 589 COMMERCIAL FISHING BOATS License fees 192 COMMISSIONED OFFICERS OF ARMED FORCES Ex-officio notaries public 360 COMMISSIONER OF LABOR Rules 487 COMMON CARRIERS Foreclosure of liens on baggage 235 Unemployment compensationcommon carriers' commission agents 259 CONDEMNATION By State 120 Condemnation by certain citiesfee simple title 690 Value of other realty as evidence 143 CONDEMNATION OF RIGHT OF WAYS AND BORROW-PITS State-aid roads 258 CONDEMNED VEHICLES Disposition of funds from condemned vehicles 447 CONSTITUTION Advertisement of proposed Constitution 1223 Amendment to Constitution of 1877 8 Atlanta school bonds 105 Bibb County retirement system 106 Brunswick Judicial Circuit judge's salary 102 Chatham County school tax 99 DeKalb school tax 91 Floyd sewerage and water systems 110 Fulton County and political bodiesNew debts 93 Fulton County educational tax 97

Page 1279

Fulton County license tax in unincorporated area 101 Fulton County pensions to widows and minors 108 Irwin County school tax 95 CONTRABAND Sale of by State Revenue Commissioner 1211 COORDINATE SYSTEM Georgia 218 CORONERS Assistants, fees, and expenses 1181 Fees in certain counties 882 , 995 Fees in highway accidents 481 Inquest jurors' fees in certain counties 1105 Salary in certain counties 832 , 884 CORONERS AND JURORS Fees in certain counties 882 Coroner's salary in certain counties 884 CORPORATIONS Dissolution 267 Foreign, mineral rights of 152 COSTS Misdemeanor cases in certain counties 1098 COUNTIES County lines changed in certain countiesreferendum 148 House numbering in certain counties 993 Reserve funds 393 COUNTY COURTS Assistant solicitor's salary in certain counties 991 Quitman County Court abolished 1086 Solicitor of County Court of Clinch County 829 COUNTY POLICE Abolished in certain counties 953 Civil service Act repealed in certain counties 1016

Page 1280

COUNTY SUPERINTENDENT OF SCHOOLS Eligibility of voters in certain counties 1091 COURT OF APPEALS Deputy clerk's salary 235 Divisions to sit as one court in certain cases 232 Personnel 1262 COURT REPORTERS Coweta Judicial Circuit 618 Oconee Judicial Circuitcompensation 945 Reporters of city courts in certain counties 1107 Stone Mountain Judicial Circuitfees 624 Waycross Judicial Circuit 626 COURTS See Supreme Court, Court of Appeals, Superior, City, County and Municipal Courts and Officials. COWETA JUDICIAL CIRCUIT Court reporter 618 CRAB TAX Suspension of crab tax ratified 1230 CRAWFORDVILLE Officers and salaries 795 CUTHBERT Charter amendments 519 Zoning 616 D DADE COUNTY Exchange of land by the State 1233 DAIRYMEN'S SUBSIDY RENEWAL 1244 DALTON Charter amendments, pensions, referendum 593

Page 1281

DANIELSVILLE City court abolished 725 DARIEN City Court abolished 683 Closing a street 682 DAVIS, JOHN J. Claim for workmen's compensation 1217 DECATUR City tax assessors 546 Sanitary tax 919 DECLARATORY JUDGMENTS 137 DE KALB COUNTY Bond Commission created 493 Commissioner's additional compensation 633 School taxconstitutional amendment 91 DIVORCE AND ALIMONY Costs in divorce cases in certain counties 207 , 908 , 987 , 1018 , 1041 , 1077 , 1099 . DODGE COUNTY Certified public accountant 584 Former sheriff's turnkey fees 797 Probation officer 790 Tax commissioner's compensation 1013 DOUGLAS COUNTY County treasurer abolished 656 DRIVER'S LICENSE To service men 1198 Service men's, extendedPublic Safety Department 117 DRUG INSPECTOR Chief Drug Inspector 421

Page 1282

E EASTMAN City court judge's salary 716 Public utility franchisereferendum 798 EAST POINT Compensation by College Park for facilities and arbitration 1163 Charter amended 689 ECHOLS COUNTY Commissioners 545 Commissioners' districts, Acts repealed 551 EDUCATION Additional appropriation 1191 Atlanta board of education reimbursed for tax losses 907 Atlanta school bondsconstitutional amendment 105 Bond elections in certain counties 984 Calhoun school tax 803 Chatham County school taxconstitutional amendment 99 Chickamauga school tax 575 Columbus board of education 857 Compulsory school attendance 343 County superintendent of schools in certain counties, eligibility of voters 1091 Courses for defective speech and hearing 312 DeKalb County school taxconstitutional amendment 91 Endorsement of vocational education bill in Congress 1246 Federal grants to State board of education 194 Free tuition; separation of races; war veterans 397 Fulton County educational taxconstitutional amendment 97 Fulton County school employees' pensions 528 Gainesville school tax 611 Irwin County School taxconstitutional amendment 95 Memorializing Congress to enact bills regarding education 1212 Richmond County board of education budget 866 Richmond school tax 787 Sale of wine or beer near schools prohibited 447 School census 210 , 441 School buildingsFederal funds 200 Seminole County, Spring Creek school district trustees 601 , 628 State area Trade, Vocational and Industrial schools 229 Suspension of enforcement of school attendance 1245 Teachers' retirement appropriation 113

Page 1283

ELBERT COUNTY Superior court deputy clerk 807 ELECTIONS Assistance in registration of voters in certain countiesActs repealed 718 Candidates' campaign expenses 187 Columbus primaries 1019 Eligibility of voters for county superintendent of schools in certain counties 1091 Norwoodregistration of candidates 588 Precincts in cities or towns divided by militia district line 387 School bond election in certain counties 984 Second primaries in certain counties 1087 Sumter County primary elections 883 Toomsboro 1138 EMANUEL COUNTY Commissioners' clerk 741 Commissioners' clerk's salary 727 Tax Commissioner's salary 1156 ENGINEERS AND LAND SURVEYORS 294 ERICKSON, T. W. Reimbursed for automobile damage 1074 EVIDENCE Missing persons 417 EDUCATION See schools. F FEDERAL AGENCIES Fair standards of procdure by 1258 FEDERAL PROPERTY Purchase of Federal property by State or subdivisions 394 FEE SYSTEM Abolished in certain counties 953

Page 1284

FEED STUFFS Sale of feed stuffs regulated 213 FERTILIZER INSPECTORS 186 FIREMEN Pension law in certain cities amended 1080 Pensions in certain counties 1050 FISH DEALERS Residents exempt from license 315 FISHING BOATS Commercial, license fees 192 FITZGERALD AND BEN HILL COUNTY Airport commission created 879 FLOUR, GRITS AND CORN MEAL Amount packed in containers 480 FLOYD COUNTY Sewerage and water systemconstitutional amendment 110 FOOD AND DRUGS Chief Drug Inspector 421 FORESTRY Department of Forestryexpenditure of Federal funds 390 FORGED ENDORSEMENTS Bank's payment of forged check 228 FORT VALLEY Charter amendmentsreferendum 885

Page 1285

FULTON COUNTY Civil Service Boardmerit system 850 Civil Service Act amended 556 Educational taxconstitutional amendment 97 License tax in unincorporated areaconstitutional amendment 101 New debtsconstitutional amendment 93 Parks and recreation commission 977 Pension law amended 658 Pensions to widows and minorsconstitutional amendment 108 School employees' pensions 528 Superior court judges' salaries supplemented 1076 Teachers' retirement fundAct 1937 repealed 551 G GAINESVILLE School tax 611 Territorial limits extendedreferendum 807 Zoning law 871 GAME AND FISH COMMISSION Act amended 404 Purchase of airplane to patrol coastal waters of State 190 GARNISHMENT Garnishment of salaries of government employees 438 GENERAL ASSEMBLY Adjournment to January 14, 1946 1208 By whom oath administered 141 Filing of Acts with superior court clerks 128 GEORGIA CITIZENS COUNCIL 445 GEORGIA COORDINATE SYSTEM 218 GEORGIA NORTHERN RAILWAY COMPANY Reconveyance by the State, of land 1228 GEORGIA PUBLIC SERVICE COMMISSION Procedure 356

Page 1286

GIBSON Election of mayor and councilmen 647 GORDON COUNTY Tax commissioner's compensation 944 GOVERNOR Message to General Assembly commended 1201 Resolution of congratulations to Governor and Agricultural and Industrial Development Board 1251 GRADY COUNTY Sheriff's bond premium 1126 GLASCOCK COUNTY Board of commissioners created 569 CommissionersAct 1943 repealed 567 Treasurer's salary 558 GOVERNMENT Council of State governments 1259 GRAND JURIES Stenographers for, in certain counties 1017 GRAY Charter amendments-referendum 693 City court abolished 637 GRIFFIN Charter amendmentstax rate 763 GRIFFIN-SPALDING COUNTY HOSPITAL Investment of funds 740 H HABERSHAM AND LOWNDES COUNTIES Commissioners, Act of 1871-1872, page 227, repealed as to Lowndes county 583

Page 1287

HANCOCK COUNTY Superior court terms 998 HAPEVILLE Merit council and civil service 1006 HARALSON COUNTY Commissioner's salary and expenses 1180 HARRIS, THE MAJOR GENERAL PETER C., ACT 165 HARRIS COUNTY Superior court terms 1008 HEALTH PROGRAM FOR THE STATE 1218 HENRY COUNTY City court abolished 591 Superior court terms 636 HOGANSVILLE Commissionersreferendum 696 HOLIDAYS 123 HOMERVILLE Charter amendments 791 HOMESTEAD TAX EXEMPTION For servicemen 455 Time for claiming 435 HOSPITALS State medical college hospital 453 Griffin-Spalding County hospitalinvestment of funds 740 HOSPITAL AUTHORITY Hospital authority in certain counties 837 Pension system 349

Page 1288

HOUSE NUMBERING In certain counties 993 HOUSING AUTHORITIES Law amended 270 HOUSTON COUNTY Superior court terms 938 I INQUESTS Costs of inquests and prosecution of State prisoners 268 INSURANCE Board of directors of life insurance companies 458 Board of directors of insurance companies 459 Examination of insurance companies 443 Explosives, smoke, aircraft, vehicles, etc., insurance against 357 Investments by insurance companies 211 Premium tax 267 , 419 IRWIN COUNTY Commissioners of Roads and Revenues and clerk 772 School taxconstitutional amendment 95 Superior court terms, jurors 540 J JACKSON COUNTY Commissioners' salaries 552 JASPER Charter amendment 832 JASPER COUNTY Commissioners' meetings 544 JENKINS COUNTY Tax commissioner's compensation 1176

Page 1289

JEWISH RESETTLEMENT IN PALESTINE 1249 JOHNSON COUNTY County officers' audits 890 JUDGMENTS Declaratory judgments 137 JUDICIAL COUNCIL CREATED 155 JURORS AND CORONERS Fees in certain counties 882 K KEROSENE Taxation 158 L LAFAYETTE Territorial limits 567 LA|GRANGE City Court of, clerk's fees 806 LAKELAND Election of aldermen to fill vacancies 988 LAKE PARK Sale of street property 774 LAND REGISTRATION 140 LAND SCRIPT FUND Redemption and reinvestment 348 LANIER COUNTY Commissioners, Referendum 744 Superior court terms 980

Page 1290

LANIER, SIDNEY Commended for Hall of Fame 1208 LAW BOOKS See Counties and Municipalities. To Butts County 1216 LEE COUNTY Commissioners and road districts 923 LEGAL HOLIDAYS 123 LIBRARIES Public libraries in certain counties 794 LIENS Carriers' liens, on baggage, how foreclosed 235 LIMITATION OF NOTICE FROM RECORD OF MORTGAGES, ETC., ON PERSONALITY 389 LINCOLN COUNTY Ordinary, sheriff and clerk's compensation 922 LIVESTOCK Sale and use of State's livestock and swine 339 LONG COUNTY Commissioners of roads and revenuesActs amended 1111 County attorney 1111 Road districts 1111 LOTTERY Vehicles declared contraband 351 LOUISVILLE City court trials without jury 1159 LOWNDES COUNTY Board of commissioners of roads and revenues created 639 Commissioners, Act of 1871-2, p. 227, repealed as to Lowndes county 583

Page 1291

LUDOWICI City court judge's and solicitor's salaries 989 Territorial limits extended 835 LYONS City court Acts repealed 943 M McINTOSH COUNTY County Commissioners' Acts repealed 493 County Commissioners' districts designated 496 Superior Court terms and juries 1022 Zoning Act repealed 500 MACON Board of tax assessors 946 Charter amendments 917 Elections 1184 Mayor's salary, election, and term 1160 Sale of city property 833 MACON COUNTY Reconveyance of land by the State 1194 MADISON COUNTY Commissioner and clerksalaries 554 Superior court terms 839 MARION COUNTY Tax commissioner and clerksalaries 526 MARROW Name changed 730 MARSH LAND Sale of marsh land to Sea Island Company ratified 1231 MELTON, WIGHTMAN F Resolution of condolence 1201 MEMORIAL BUILDING COMMISSION War Veterans 150

Page 1292

METTER Charter amendments 538 City court salaries 542 MIDDLE JUDICIAL CIRCUIT Reporter's salary 1128 MILITARY ESTABLISHMENT Postwar 1192 MILITARY PROPERTY Repurchase of military property near Hinesville 1234 MILK CONTROL BOARD Acts amended 410 MILLEDGEVILLE Lease of land by the State to Presbyterian Church 1242 Title to land vested in Board of Regents 1239 MINERAL LEASING COMMISSION 352 MINERAL RIGHTS Foreign corporations 152 MINORS' CONTRACTS Servicemen's benefits 434 MISDEMEANORS Costs in certain counties 1098 MISSING PERSONS Findings used as evidence 417 MITCHELL COUNTY Sheriff's bond 636 MONROE Freezer locker plant 812

Page 1293

MONROE COUNTY Tax commissioner's compensation 1170 MONTGOMERY COUNTY Law books to 1250 MORGAN COUNTY Commissioners' clerk's salary 547 MORROW Name changed 730 MORTGAGES Limitation of notice from record of mortgages, etc., on personalty 389 MOTOR FUEL Tax law amended 158 MOTOR FUELS TAX Suspension of tax ratified 1216 MOTOR VEHICLES Memorializing Tennessee on weight limitation of motor vehicles 1206 Safety responsibility 276 MOULTRIE Territorial jurisdiction 768 MUNICIPAL CORPORATIONS Closing streets in certain towns and cities 1010 Reserve funds 393 MUNICIPAL COURTS Augustasalaries 982 Columbus and Muscogee, judge's salary 609 Municipal Court of Augustasheriff, clerk, and deputies 1158

Page 1294

MUSCOGEE COUNTY Employees' pensions 1100 Sewer system 1129 N NARCOTIC DRUGS Act amended 437 NASHVILLE Zoning 559 NEGOTIABLE INSTRUMENTS Legal holidays 123 Payable to bearer 256 NEWTON COUNTY Treasurer's salary 718 NORTHERN JUDICIAL CIRCUIT Solicitor general's salary 687 NORWOOD Registration of candidates 588 NOTARIES PUBLIC Commissioned officers of armed forcesex-officio notaries public 360 O OCONEE JUDICIAL CIRCUIT Reporter's compensation 945 OCONEE COUNTY Sheriff's compensation. Referendum 775 ORDINARIES, CLERK AND SHERIFFS Compensation in certain counties 889

Page 1295

ORDINARIES Lincoln County ordinary's compensation 922 Superior court clerks to record traffic-trial proceedings in certain counties 1015 OIL AND GAS COMMISSION 366 OLEOMARGARINE Sale Act of 1883 repealed 342 OYSTERS Gathering permits 198 Shipping regulated 164 , 415 P PARKS Seashore State park 1243 PAWNS Interest on pawns 189 PEACH COUNTY Treasurer's salary increased 520 PELHAM Police limits 737 PENSIONS Augusta employees' fund 813 Augusta firemen's and policemen's pensions 782 Augusta policemen's and firemen's rights when granted leaves of absence 735 Bibb County retirement systemConstitutional amendment 106 Brunswick-St. Simons Highway employees 623 County attorney as employee under pension law in certain counties 953 Daltonreferendum 593 Firemen in certain cities, law amended 1080 For certain employees in certain cities 999 Fulton County law amended 658

Page 1296

Fulton County pensions to widows and minorsConstitutional amendment 108 Fulton County school employees' pensions 528 Hospital authority 349 Muscogee employees 1100 Policemen and firemen in certain counties 1050 Policemen in certain counties 1067 Richmond board and/or department of health 963 Richmond County employees' pension fund 748 Savannah employees' pension system 703 Savannah mayor 557 Sylvania pensions 692 Valdosta employees' retirement system 928 Waycross 521 PERRY Territorial limits extended 715 PICKENS COUNTY Commissioner's salary 726 PIERCE COUNTY Commissioners' clerk's salary 548 PILOTS AND PILOTAGE 279 POET LAUREATE 1193 POLICEMEN Pensions in certain counties 1050 , 1067 POLITICAL MASS MEETINGS Place of holding 206 POLK COUNTY Commissioner's clerk 717 Commissioners of Roads and Revenueselection 898 POLL TAX REPEALED 129 PORTS AND DOCKS COMMITTEE 1204

Page 1297

POWER OF APPOINTMENT Release of, etc. 340 POWER OF ATTORNEY Survival of 398 PRESBYTERIAN CHURCH OF MILLEDGEVILLE Lease of land by the State 1242 PRISON BOARD Employment of members of Prison Board by Department of Corrections 1226 PRISONERS Costs of inquests and prosecution of State prisoners 268 PROBATION OFFICERS Appointment and salary approved by county authorities in certain counties 904 Civil service in certain counties 1009 PROCEDURE AND PRACTICE Supreme Court authorized to prescribe rules 145 PUBLIC ROADS Penalty for dumping trash on right of way 278 PUBLIC SAFETY DEPARTMENTAMENDMENTS Service men's drivers' licenses extended 117 PULASKI COUNTY Sheriff's compensation 893 PUTNAM COUNTY County court deputy clerk's salary 1016 Q QUITMAN COUNTY County court abolished 1086

Page 1298

R RABIES Inoculation of animals 448 RANDOLPH COUNTY Road districts designated 498 Tax Commissioner created; referendum 500 REAL ESTATE State's improvement 124 REGENTS OF UNIVERSITY SYSTEM Land script fundredemption and reinvestment 348 RESTAURANTS, CAFES, TRAILER-PARKS REGULATED 482 REVENUE COMMISSIONER Sale of contraband 1211 RICHMOND COUNTY Board of Education budget 866 Board and/or department of health pensions 963 Employees' pension fund 748 Delegation in General Assemblyexpression of appreciation for dinner 1248 Occupation taxes and license fees 1088 School tax 787 RINGGOLD Charter amendments 1130 ROACH, A. S. Judgment for services rendered authorized paid 1225 ROADS Distribution of funds to counties for road purposes 316 Penalty for dumping trash on right of way of public roads 278 State aid roadscondemnation of right of ways and borrow pits 258

Page 1299

ROCKDALE COUNTY Commissioner and advisors 1177 ROME Charter amendments 683 S SALES Second hand watches 125 SAVANNAH Airport Commission 565 Aldermen's salaries 578 Closing and conveying certain streets 632 Employees' pensions 703 Industrial and domestic water supply commission 563 Mayor's pension 557 SCHOOLS See Education, Board of Regents, University System. SEA ISLAND COMPANY Sale of marsh land ratified 1231 SEASHORE STATE PARK 1243 SECOND HAND WATCHES Sale 125 SECRETARY OF SENATE AND CLERK OF HOUSE Printing and distribution of Constitution 1211 SECRETARY OF STATE Book of commissions 402 Duty to file Acts of General Assembly with superior court clerks 128 SEED DEALERSREGULATIONS 201

Page 1300

SEMINOLE COUNTY Registration of voters 731 SENATORIAL DISTRICTS Twenty-Second and Thirty Sixth re-arranged 1042 SERVICE MEN See Veterans. Drivers' license extended 117 Exemption from tax penalties 248 SHERIFFS Additional compensation in certain counties 113 , 114 , 831 , 838 , 883 , 889 , 950 , 1011 , 1014 , 1043 , 1087 , 1089 , 1090 , 1106 , 1116 , 1182 , 1185 . Camilla city court sheriff's bond 601 Deputy sheriff's compensation in certain counties 122 Fees in certain counties 221 Fee for summoning jurors 144 Fee for serving process outside his county 147 Lincoln County sheriff's compensation 922 Pulaski County sheriff's compensation 893 Oconee County sheriff's compensationreferendum 775 Special deputies in certain counties 1152 SLATON, JOHN M. Resolution of condolence 1260 SOCIAL CIRCLE Academy tax 549 SOCIAL SECURITY State Board of Social SecurityDirector's salary 208 SOIL CONSERVATION COMMITTEE 190 SOLICITORS GENERAL Assistant's compensation in certain counties 1148 Blue Ridge judicial circuit, solicitor's salary 607 Brunswick judicial circuit, solicitor's salary 136 Northern judicial circuit, solicitor's salary 687 SPALDING COUNTY Commissioners' compensation 943

Page 1301

SPRINGFIELD City court judge's salaryreferendum 1156 STATE Real estate improvement 124 STATE-AID ROADS Condemnation of right of ways and borrow-ptis 158 STATE AUDITOR 115 STATE BOARD OF HEALTH Duties regarding vital statistics 236 STATE DEPARTMENT OF PUBLIC WELFARE Federal grants 196 STATE EMPLOYEES Workmen's compensation 1202 STATE PATROL QualificationsPublic Safety Department 117 STATE PORTS AUTHORITY CREATED 464 STATE REVENUE COMMISSIONER Confidential information 160 Tax refunds 272 STEWART COUNTY Disbursing clerk's salary 949 STEWART, CAMP, SALE OF 1214 STEWART COUNTY Tax Commissioner's salary 738 STOCKBRIDGE Territorial limits extended 939

Page 1302

STONE MOUNTAIN JUDICIAL CIRCUIT Court reporter's fees 624 STREETS Closing streets in certain towns and cities 1010 STREET RAILROADS AND BUS PROPERTIES Sale of 260 STRICKLAND, PAUL M. Compensation for injuries 1259 SUMMERVILLE Territorial limits extended 892 SUMTER COUNTY Primary elections 883 SUPERIOR COURTS Alapaha judicial circuit court reporter's salary 582 Baldwin County superior court terms 920 Barrow County superior court terms (identical Acts) 692 , 877 Brunswick judicial circuit Judge's salary 890 Calendar for 1945 1263 Cherokee County superior court terms 1012 Clerk's additional compensation in certain counties 1185 Clerks to record traffic-trial proceedings in ordinaries' courts in certain counties 1015 Deputy clerk's compensation in certain counties 1151 Deputy clerk's salary in certain counties 1155 Fulton County judges' salaries supplemented 1076 Hancock County superior court terms 998 Harris County superior court terms 1008 Henry County superior court terms 636 Houston County superior court terms 938 Irwin County superior court termsjurors 540 Judges emeritus 362 Judges' expenses 1199 Judge's secretaries in certain counties 952 Lanier County superior court terms 980 Madison County superior court terms 839 McIntosh County superior court terms 1022 Officials' salaries in certain counties 1118 Taylor County superior court terms 1008 Warren County superior court terms 921

Page 1303

SUPREME COURT Attendance and adjournment 212 Authority to prescribe rules and procedure, practice, and pleading 145 Authorized to adopt bar examination rules 151 Officials 1261 SURETIES Resolution for relief of F. B. West 1255 SURVEYORS Engineers and land surveyors 294 SWAINSBORO City court clerk's and sheriff's compensation 1109 SWANSON, D. R. Claim for services authorized paid 1224 SYLVANIA Pensions 692 School system 858 T T. V. A. Equalization of payments in lieu of taxes 1235 TAXATION Abatement of income taxes for deceased service men 416 Bibb County occupation taxes 863 Calhoun schools 803 Chatham County school taxConstitutional amendment 99 Chickamauga school tax 575 Columbus taxation for years 1946-1950 861 County board of tax assessors' completion of revision and assessment of returns 251 Decatur sanitary tax 919 DeKalb school taxconstitutional amendment 91 Equalization of payments in lieu of taxes by T. V. A. 1235 Exemption of service men from tax penalties 248 Fulton County educational taxconstitutional amendment 97

Page 1304

Fulton County license tax in unincorporated area constitutional amendment 101 Gainesville school tax 611 Homestead tax exemption for service men 455 Income tax of deceased persons 483 Insurance premium tax 419 Irwin County school taxconstitutional amendment 95 Kerosene 157 Poll tax repealed 129 Premium tax on insurance companies 267 Richmond County school tax 787 Richmond occupation tax and license fees 1088 Social Circle Academytax 549 State Revenue Commissionertax refunds 272 Suspension of crab tax ratified 1230 Suspension of motor fuels tax ratified 1216 Tax receivers' returns to county assessors 423 Tax returns and records in certain counties 163 Thomasville school 1111 Tifton school 630 Time for claiming homestead tax exemption 435 Time for claiming personal property tax exemption 456 Time for making tax returns 424 Toomsboro tax rate 1138 Waycross schoolsreferendum 1173 TAX DIGESTS Returns, collections and records in certain counties 163 TAX RECEIVER Returns to county assessors 423 TALIAFERRO COUNTY Commissioners' compensation and vacancies 804 Commissioners' salary 776 TAYLOR COUNTY Superior court terms 1008 TEACHERS' RETIREMENT Appropriation 113 University system teachers retirement 454

Page 1305

TELFAIR COUNTY Feeding prisoners 771 Sheriff's bond 616 Tax commissioner's clerk 630 THOMASVILLE Board of education election and term of office 1127 School tax 1111 Zoning 1150 TIFTON School tax 630 TOOMSBORO Tax rate and elections 1138 TUBERCULOSIS SANATORIUM INVESTIGATING COMMITTEE 1205 TYBEE Charter amendments 780 U UNEMPLOYMENT COMPENSATION Common carriers' commission agents 259 Unemployment compensation law amended 331 UNION CITY Charter amendments 1123 V VALDOSTA Employees' retirement system 928 VETERANS Abatement of income taxes for deceased service men 416 Driver's license 1198 Exemption from tax penalties 248 Homestead tax exemption 455

Page 1306

Memorial Building Commission 150 Minors' contracts 434 Resettlement corporation 170 State department of veterans service 319 VITAL STATISTICS State Board of Health 236 VOCATIONAL EDUCATION Endorsement of bill of Congress 1246 VOTERS Registration of 129 VOTING AGE Changed to eighteen years 195 W WADLEY Territorial limits extended 1186 WALKER COUNTY Commissioner's salary 629 WALTON COUNTY Commissioners' compensation 505 WAR VETERANS See VETERANS. Children of war veterans educated 165 War Veterans Memorial Building Commission 150 WARREN COUNTY Commissioner's and clerk's salary 723 Superior court terms 921 WATCHES Sale of second hand 125

Page 1307

WAYCROSS Pensions for employees 521 School taxreferendum 1173 WAYCROSS JUDICIAL CIRCUIT Court reporter's compensation 626 WAYNESBORO Sale of city property 712 WELFARE DEPARTMENT State Department of Public WelfareFederal grants 196 WELFARE DIRECTOR County welfare directorremoval from office 689 WEST, F. B. Relieved as surety 1255 WESTERN ATLANTIC RAILROAD Relocation of right of way 1226 WESTERN ATLANTIC RAILROAD PLAZA 1221 WHITE COUNTY Commissioners' chairman's and clerk's salary 733 Tax commissioner createdreferendum 720 WHITFIELD COUNTY Commissioner and clerkcompensation 587 WILLACOOCHEE Mayor and Aldermen election 855 , 980 WILLS Examination of non-resident witness by commission 142 Photostatic copies 142 Probate of wills when witnesses are unavailable 401 WINE OR BEER Sale of, near schools prohibited 447

Page 1308

WITNESSES Cross-examination opposite party, calling for purpose of; impeachment of own 227 WORKMEN'S COMPENSATION Claim for compensation by John J. Davis 1217 Computing compensation 486 Loss of thumb 485 State employees 1202 WORKMEN'S COMPENSATION BOARD Taking testimony 462