Acts and resolutions of the General Assembly of the state of Georgia adjourned session 1946 [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 19460000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA ADJOURNED SESSION 1946 19460000 COMPILED AND PUBLISHED BY AUTHORITY OF THE [Illegible Text]

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TABLES OF TITLES PART IGENERAL PUBLIC LAWS TITLE IAPPROPRIATIONS TITLE IITAXATION TITLE IIIGOVERNMENT TITLE IVCODE AMENDMENTS AND REPEALS TITLE VGENERAL CIVIL AND PENAL LAWS TITLE VIEDUCATION TITLE VIICOURTS PART IILOCAL AND SPECIAL LAWS TITLE ICOUNTIES AND COUNTY MATTERS TITLE IISUPERIOR COURTS TITLE IIICITY, COUNTY AND MUNICIPAL COURTS PART IIICORPORATIONS TITLE IMUNICIPAL CORPORATIONS TITLE IIPRIVATE CORPORATIONS PART IVRESOLUTIONS TITLE IMISCELLANEOUS SUBJECTS

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STATUTES OF GEORGIA PASSED BY GENERAL ASSEMBLY ADJOURNED SESSION 1946 PART IGENERAL PUBLIC LAWS

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TITLE I APPROPRIATIONS ACTS Appropriation for Armories for Georgia National Guard Appropriation for Franklin D. Roosevelt Warm Springs Commission Appropriation to Match Federal Payment on Infected Animals General Appropriation Act Amended Mileage Appropriation for Members of General Assembly

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APPROPRIATION FOR ARMORIES FOR GEORGIA NATIONAL GUARD No. 610 An Act To amend the General Appropriations Act (Ga. Laws 1943, pp. 84-96) approved January 29, 1943, by appropriating from the State Treasury the sum of $500,000.00 to be used to match Federal funds for construction of armories for the Georgia National Guard when such Federal funds are available; to provide that this Act shall remain in force and effect from year to year until repaled, or until the funds are expended in accordance with this law; to repeal all laws or parts of laws; and for other purposes. Be it enacted by the General Assembly of Georgia; Section 1. That the General Appropriations Act (Ga. Laws 1943, pp. 84-96) approved January 29, 1943 be, and the same is hereby amended by adding a paragraph to Section 38 thereof to be known as Paragraph 38A to read as follows: Gen. Appropriations Act Amended Par. 38A. The sum of $500,000.00 is hereby appropriated to be paid out of the State Treasury for the purpose of matching Federal funds to be used for the construction of armories for the Georgia National Guard when Federal funds are available for such purposes. Section 2. Vetoed, see note. Section 3. To repeal all laws and parts of laws in conflict herewith. (NOTE) BY THE GOVERNOR: Section 1 of H. B. No. 709 is approved provided, however, the appropriation therein made shall be available only when and if Federal funds are available to match the same and when and if there are surplus funds in the State Treasury above the amount necessary for a normal operation including education, teachers' salaries, operation of institutions, etc.

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Section 2 of the said H. B. No. 709 is vetoed. ELLIS ARNALL Governor January 31, 1946. APPROPRIATION FOR FRANKLIN D. ROOSEVELT WARM SPRINGS MEMORIAL COMMISSION No. 613 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 81 through 96) so as to provide an appropriation of $200,000.00 to aid in carrying out the provisions set out in an act entitled Franklin D. Roosevelt Warm Springs Memorial Commission; 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. The General Appropriation Act approved January 29, 1943 as set out in the Acts of 1943, pages 84 through 96 be, and the same is, hereby amended by adding another subsection to said Act to be known as Section 54 to read as follows: Gen. Appropriations Act Amended Franklin D. Roosevelt Warm Springs Memorial Commission. To aid in carrying out the provisions set out in an Act entitled Franklin D. Roosevelt Warm Springs Memorial Commission. $200,000.00 Section 2. It is hereby provided that said funds may be used by the Commission in carrying out its duties of creating a memorial as provided in said Act but that said Commission shall treat this appropriation as a loan and shall repay it to the State of Georgia out of the first funds available for this purpose after the memorial has been completed. Treated as Loan Section 3. That all laws and parts of laws in conflict

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herewith be and the same are, hereby repealed. Approved January 31, 1946. (NOTE) BY THE GOVERNOR: [Illegible Text] B. No. 715 is approved subject to the proviso that the $200,000.00 appropriated shall not be a recurring item but shall constitute a total appropriation of $200,000.00 for the fiscal year beginning July 1, 1946, and that year only, and provided further that surplus funds are available from which to pay the said appropriation. APPROPRIATION TO MATCH FEDERAL PAYMENT ON INFECTED ANIMALS No. 599 An Act To appropriate from funds in the State Treasury the sum of $75,000.00 or any part thereof to be used to match Federal indemnity payments on animals infected with bangs, tuberculosis, para-tuberculosis and other infectious diseases; to provide conditions under which the State will match such Federal payments; to provide a method of payment; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. There is hereby appropriated from funds in the State treasury the sum of $75,000.00, or any part thereof, to be used to match indemnity payments by the Federal government for animals infected with bangs, tuberculosis, para-tuberculosis and other infectious diseases. Matching Funds Appropriated Section 2. This Act applies to all claims which accrued on or after January 1, 1945, and on which payments have not been made by the State or Federal government. The appropriation heretofore made shall continue in force and effect until December 31, 1946. Any funds remaining enexpended on this date shall cease to be approproiated for the purpose of this Act, unless and until a new appropriation

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is provided for by the General Assembly. Applied to Claims Prior to Jan. 1, 1945 Section 3. Animals to be subject to indemnity payment under the terms of this Act must be disposed of according to State regulations promulgated by the Commissioner of Agriculture. Disposal of Animals Section 4. The Commissioner of Agriculture is hereby authoriezd to make all reasonable rules and regulations to carry out the provisions of this Act. Authorization of Commission of Agriculture Section 5. All claims approved by the Commissioner of Agriculture shall be paid by money drawn on his warrant from this appropriateion in the State Treasury. The Commissioner of Agriculture, after the money has been provided by the State Treasury, shall issue his check in payment thereof to the claimant. Payment of Claims Section 6. To repeal all laws or parts of laws in conflict with the provisions of this Act. Approved January 31, 1946. GENERAL APPROPRIATION ACT AMENDED No. 587 An Act To amend an Act approved January 29, 1943 known as the General Appropriation Act as set forth from pages 84 to 96, inclusive. To amend Section 49 of said General Appropriations Act making an appropriation to the Department of Revenue by adding to said Section 49 the following words:Including adequate funds to pay refunds under the Farm Tractor Gasoline Tax Refund Act;and to repeal conflicting laws. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That the General Appropriations Act of 1943, approved January 29, 1943, as set out on pages 84 to 96, inclusive of the Georgia Laws of 1943, be, and the same is, hereby amended as follows: Gen. Appropriations Act Amended

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That section 49, appearing on page 93 of Said Act, making appropriation to the Department of Revenue be, and the same is, hereby amended by adding at the end of said section the following words: To include adequate funds to pay refunds under the Farm Tractor Gasoline Tax Refund Act, so that said section as amended will read as follows: Section 49. Revenue, Department ofFor the cost of operating the Department of Revenue, including liquor warehouses, provided, that the liquor warehouse charges shall be maintained and that same shall be immediately imbursed into the State Treasury..... $750,000.00 Provided, further, that in addition to the above appropriation, there is hereby appropriated from every source of income a sufficient sum to make refunds of collections made in error, as provided by law. To include adequate funds to pay refunds under the Farm Tractor Gasoline Tax Refund Act. Section 2. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved January 31, 1946. MILEAGE APPROPRIATION FOR MEMBERS OF GENERAL ASSEMBLY No. 510 An Act to amend the General Appropriations Act (Ga. Laws 1943, pp. 70-84) approved January 21, 1943, by providing in Section 1, the same relating to the legislative department, that members of the General Assembly shall be paid mileage at the rate of 10c per mile for travel in connection with adjourned sessions of the General Assembly where at least ten days intervene between the two meetings; to repeal all laws or parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. That Section 1 of the General Appropriations Act of 1943 (Ga. L. 1943, pp. 70-84) be, and the same is hereby amended by inserting after the word session and before the word and in the third line thereof the following: and any adjourned session when as much as ten days intervene between the meetings, so that said Section 1 as amended shall read as follows: The above sum appropriated shall be available for compensation as fixed by law and for mileage at the rate of 10c per mile for one round-trip for each session and any adjourned session when as much as ten days intervene between the meetings, and any and all extraordinary sessions of the General Assembly, of the President and Members of the Senate and of the Speaker and Members of the House of Representatives; for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, of the messengers and door-keepers of the Senate and House of Representatives as fixed by law, for the actual travel expenses of members of Legislative Committees; for supplies, repairs, printing and other incidental expenses and equipment of the General Assembly; for publishing and distributing the Acts and Journals of the General Assembly and the Codes of Georgia; and for publishing Constitutional Amendments. Mileage Appropriated for Adjourned Sessions Section 2. To repeal all laws or parts of laws in conflict herewith. Approved January 30, 1946.

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TITLE II TAXATION ACTS Abatement of Income Taxes for Members of Armed Forces Upon Death Exemptions from Taxation General Tax Act, Amendment as to War Bonds Income Tax for Those Serving in Armed Forces License and Occupation Taxes in Certain Counties Motor Fuel Tax Law Tax for Teacher Retirement Tax Refunds Taxation in Certain Counties ABATEMENT OF INCOME TAXES FOR MEMBERS OF ARMED FORCES UPON DEATH No. 625 An Act to amend an Act approved March 9, 1945 entitled An Act for the abatement of all income taxes for members of the armed forces upon death; and for other purposes, by adding in the fourth line of Section 1 of said Act, after the words United States, the following words, or of any of the other United Nations. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Act approved March 9, 1945 entitled An Act for the abatement of all income taxes for members of the armed forces upon death;and for other purposes, be amended by adding in the fourth line of Section 1 of said Act after the words United States the following words, to-wit, or of any of the other United Nations, so that said Act when amended shall read as follows, to-wit: Original Act Amended 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 or of any of the other United Nations, and prior to the termination

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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 over-payment. Abatement of Tax Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 1, 1946. EXEMPTIONS FROM TAXATION No. 609 An Act To carry into effect paragraph IV of Section I of Article VII of the Constitution of this State, in reference to the exemption from taxation of certain property therein described, and for 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 following described property shall be exempt from taxation: (a) All public property; places of religious worship or burial; all institutions of purely public charity; all intanglible 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, providing the same is not invested in real estate; and provided, further that said exemptions shall only apply to such colleges,

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incorporated academies or other seminaries of learning as are open to the general public; provided further, that all endowments to institutions established for white people, shall be limited to white people, and all endowments to institutions established for colored people, shall be limited to colored people; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and pholosophical 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; 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. Property Exempt from Taxation (b) 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

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taxes, in an amount not to exceed $300.00 in actual value. Personal Property Exempt (c) 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 farm, who is already intitled 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. Homestead Exemption (d) All cooperative, non-profit, membership corporations organized under the laws of this State for the purpose of enagaging in rural electrification, as defined in sub-section 1 of Section 3 of the Act approved March 30, 1937 providing for their incorporation, and all of the real and personal property owned or held by such corporations for such 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. Exemption of Non Profit Rural Electrification Corporations (e) 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

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this State, if at least ninety per cent of such common voting stock in 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. Subsidiary Corporation Section 2. All laws and parts of laws, whether general, local, or special in conflict with this Act, be, and the same are hereby repealed. Approved January 31, 1946. GENERAL TAX ACT, AMENDMENT AS TO WAR BONDS No. 600 An Act To amend an Act known as the General Tax Act approved March 28, 1935 (Ga. L. 1935, pp. 11-72 as amended March 8, 1945 (Ga. L. 1945, pp. 267-268), by amending Section 7 by adding a new Sub-section immediately following Sub-section 3, and to be known as Sub-section 3 (a), defining Government War Bonds as used in such Act to mean all U.S. Government Bonds or U. S. Treasury Bonds or obligations issued on and after December 7, 1911, and prior to the official termination of World War II. 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 (Ga. L. 1935, pp. 11-72) as amended March 8, 1915 (Ga. L. 1945, pp. 267-268) be, and the same is, hereby amended, by adding to Section 7 thereof, immediately following Sub-section 3, a new Section to be known as Section 3 (a) to read as follows: General Tax Act Amended `Government War Bonds' as used in this Act are hereby defined and declared to mean U. S. Government Bonds or U. S. Treasury Bonds, or obligations issued on and after December 7, 1911 and prior to the official termination of World War II. Gov't War Bonds

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Section 2. All laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved January 31, 1946 INCOME TAX FOR THOSE SERVING IN ARMED FORCES No. 626 An Act to provide that, for income tax purposes, men and women serving in the armed forces of the United States between January 1, 1941 and the termination of the present war, may deduct from their gross income for any year so much of their compensation for such services as does not exceed $1500, and to exempt such compensation from any income tax; to provide an exemption for members of the armed forces from the payment of any penalties, costs or interests for failure to file an income tax return or to pay the tax on returns already filed; to extend the time for filing income tax returns and paying the tax thereon for members of the armed services of the United States; to provide for the application of this law; to ratify the action of the Governor making the above benefits available by Executive Order; to ratify past acts of the State Revenue Commissioner giving the benefits herein provided; tc repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That any person serving in the armed forces of the United States between January 1, 1941, and the termination of the present war as proclaimed by the President, in making his or her income tax return, may in addition to all other deductions allowed by law, deduct from his or her gross income so much of the compensation received in any year for such services as a member of the armed services of the United States as does not exceed the sum of $1500. The compensation so deducted shall not constitute gross income, and shall be exempt

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from taxation under the income tax laws of this State. Armed Services Deduction Section 2. That where the failure to file an income tax return, or the failure to pay tax on returns already filed, for the year 1941 or any year thereafter, has been due to the taxpayer's induction into the armed services of the United States, no penalty for failure to file a return shall be assessed, and the accrual of interest on tax indebtedness shall be suspended, provided that payment of the tax indebtedness found to be due is made with three months of the taxpeyer's separation from the service, or within three months of the termination of the War as proclaimed by the President, whichever date is earlier, or in the case of continued military service outside of the United States, until three months after the taxpayer's return to the United States. Whether the failure to file an income tax return or to pay tax on returns already filed has been due to the taxpayer's service in the armed forces of the United States shall be determined by the State Revenue Commissioner under rules and regulations adopted by said Revenue Commissioner. Failure to File Return Due to Induction How Determined Section 3. That the time for filing income tax returns and for paying the taxes thereunder by members of the armed services of the United States is hereby extended without the necessity of making application therefor in the following respects: If upon the last day for filing the return any such person is without the continental United States or on sea duty, or if such date is prior to ninety days after a continuous period of not less than ninety-one days of such service, the time for filing returns and paying the tax for such person is hereby deferred until the 15th day of the third month after such person returns and lives within the United States, or the 15th day of the third month following the termination of the War, if such date is earlier, and during said period of deferment the accrual of all interest thereon is hereby suspended. Extension Of Time Section 4. As used in this Act, persons in the armed services of the United States or in military service of the United States, shall be construed to mean all persons who are members of the military or naval forces of the United

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States, including the Army and Navy and Marine Corps, Coast Guard, Army Nurses Corps, Navy Nurses Corps, Women's Army Auxiliary Corps or Womens Army Corps, Womens Reserve Branch of the Naval Reserve, Marine Corps Womens Reserve, and the Coast Guard Womens Reserve. How Construed Section 5. The action of the Governor in making the benefits of Section 1, 2 and 3 of this Act available to persons in the armed services of the United States by an Executive Order dated June 20, 1945, as amended by an Executive Order dated January 10, 1946, is hereby ratified and confirmed; and where the State Revenue Commissioner has heretofore extended the benefits provided by this Act to persons in the armed services of the United States, his acts are hereby ratified and confirmed. Ratification of Executive Order Section 6. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 1, 1946. LICENSE AND OCCUPATION TAXES IN CERTAIN COUNTIES No. 501 An Act to authorize the Boards of Commissioners of Roads and Revenues, or other fiscal agents, in all counties having a population under the 1940 United States census of not less than 43,000 and not more than 45,000, and in any county under any future United States census having a population within said limits, to levy license and specific occupation taxes on all those who transact or offer to transact business in such counties, other than within the limits of an incorporated town or city, and to provide for the collection thereof; to provide penalty for those who transact or offer to transact business in said areas in said counties without first obtaining a license therefor, and for other purposes. Be if enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:

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That the Boards of Commissioners of Roads and Revenues, or other fiscal agents, of counties in all counties having a population under the 1940 United States census of not less than 43,000 and not more than 45,000, and in all counties under any future United States census having a population within said limits, are hereby vested and clothed with the following powers, in addition to other rights and powers vested in counties of this State: Section 1. Said Board of County Commissioners are authorized and empowered to levy such licenses and specific or occupation taxes on all those who transact or offer to transact business within said counties, other than within the limits of any incorporated municipality, as said Boards of County Commissioners may deem expedient or necessary for the safety, health, benefit, convenience or advantage of such counties or 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, firms or corporations 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, rules and regulations necessary and proper for the carrying out of the powers herein conferred, and to prescribe suitable penalties for violation thereof. Without limiting other methods by which the payment of such licenses may be enforced, it is enacted that same may be enforced as provided in Sections 92-3907 to 92-3910 both inclusive of the Code of 1933. Levying of License and Specific Taxes Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved January 30, 1946. MOTOR FUEL TAX LAW No. 166 An act to amend an act known as The Motor Fuel Tax Law

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(Georgia Laws 1937, pages 167-207) as amended, section 92-1403, by adding a new sub-section (I) To provide for refund of tax paid on gasoline when used solely for agricultural purposes other than for the propulsion of motor vehicles upon the public highways 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 92-1403 of the Motor Fuel Tax Law (Georgia Laws 1937, pages 167-207) is hereby amended by adding a new Sub-section to be designated as Sub-section (1) and to read as follows: Amendment of Motor Fuel Tax Law (Ga. Laws 1937, pp. 167-207) 92-1403Levy Of Tax and Exemptions. (1) Any person, who shall purchase gasoline in quantities of twenty-five (25) gallons or more at any time, and use said gasoline in operating tractors or other farm equipment used exclusively for agricultural purposes in farm operations, no part of which is used in any vehicle or equipment driven or operated upon the public roads, streets, or highways of this State, shall be entitled to a refund of all of the State tax on such gasoline except one cent (1c) per gallon, subject to the conditions set forth in this sub-section. The right to receive any refund under the provisions of this sub-section shall not be assignable and any assignment thereof shall be utterly void and of no effect. Nor shall any payment thereof be made by the Treasurer of the State to any person other than the original person entitled thereto using motor fuel as hereinabove set forth in this sub-section. Code 92-1403 Levy of Tax and Exemptions Provided, however, that no person shall be entitled to a refund under this sub-section unless such person is the holder of an unrevoked vendee's refund permit to be issued to such persons by the Commissioner of Revenue upon application as hereinafter provided. Such permits shall be issued on an annual basis and shall expire at the end of each fiscal year. The application for such permit shall be in such form as the Commissioner

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of Revenue may prescribe, shall be sworn to, and shall set forth such information as the Commissioner of Revenue may require, to enable him to determine the right of the applicant to obtain refunds under this sub-section. This application shall contain a complete list with detailed description (including the make, motor number, model, horsepower, the approximate per hour fuel consumption) of all machines or machinery and equipment owned by said applicant in which gasoline is used or is to be used, including motor vehicles, airplanes, tractors, farm machinery, and any other machinery or equipment in which gasoline is used, regardless of whether or not refund claim is to be made for tax paid on gasoline used in such machine, machinery or equipment. The application shall be signed by the applicant and duty verified Permits so issued shall be numbered and each application for refund made under this section shall contain applicant's permit number. Who Entitled to Refund Application Permits (1) Any person who shall be entitled to a refund of the tax with respect to any gasoline under the provisions of this sub-section shall be reimbursed to the extent of the amount of the tax paid except one cent (1c) per gallon on such gasoline in the following manner and subject to the following conditions: Reimbursement (a) All applications for refunds must be filed with the Commissioner of Revenue within six (6) months from the date of purchase of the gasoline with respect to which refund is claimed. Time for Filing (b) Such applications shall be in such form as shall be prescribed by the Commissioner of Revenue, shall be sworn to, and shall state the total quantity of gasoline purchased by the applicant during the period for which refund claim is made, the date of each purchase and from whom purchased, also, the quantity of gasoline on hand at the beginning and the quantity of gasoline on hand at the end of the period for which refund is claimed. The application shall show the quantity of gasoline used in the machines or equipment listed in the user's application for permit, the

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quantity of gasoline used on which refund is claimed and the quantity of gasoline used on which no refund claim is made, and such other information as the Commissioner of Revenue shall require. Form of Applications (c) Such application shall be accompanied by the invoices showing such purchases. Accompanied by Invoices (d) Refund shall be allowed only for tax paid on gasoline when purchased in quantities of twenty-five (25) gallons or more at any one time, and used in farm machinery and equipment listed by the vendee in his application for permit, or a sworn supplement thereto, such machinery or equipment having been used exclusively by the applicant in plowing, planting or harvesting farm products or for grinding, pumping, and other farm uses and used on agricultural property owned, leased, or operated by the person using such equipment. If the Commissioner of Revenue, after such investigation as he deems necesary, shall be satisfied that the application for a vendee's refund permit has been made in good faith and that applicant has complied with the requirements of this sub-section, the Commissioner of Revenue shall issue a vendee's refund permit to the applicant, privileging him to make application, in accordance with the requirements of this sub-section, for refund of a portion of the tax as herein provided. Whenever there is any change in the facts stated in the application for such permit, the holder of such permit shall promptly notify the Commissioner of Revenue of such change and the Comissioner of Revenue may thereupon issue to the holder an amended permit, or suspend or revode such permit, if in the judgment of the Commissioner of Revenue the facts constitute just cause therefor. The Commissioner of Revenue shall keep a permanent record of all permits issued and a cumulative record of the amount of refund claimed and paid to each claimant. Refund, When Allowed (e) Such application shall contain a statement signed by the appliacant that no part of the gasoline upon which he applies for refund was sold by the applicant

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or permitted by the applicant to be sold and that no part was used or permitted to be used for propelling a vehicle on the public highways. Statement by Applicant (f) If, in the opinion of the Commissioner of Revenue, any application for refund filed by an applicant shall contain a false statement, or if the applicant is indebted to the state because of any tax refund which has been erroneously paid to him, the Commissioner of Revenue shall decline to approve the claim for refund until said applicant has complied with the law and removed the delinquency, whereupon said applicant shall be paid his claim for refund of gasoline taxes as prescribed in this sub-section if the Commissioner of Revenue finds that he is justly entitled thereto. False Statement (2) The above conditions having been fully complied with, the Commissioner of Revenue shall determine the amount of the refund due on such application, and shall certify such amount to the State Auditor. The State Auditor shall thereupon draw a warrant for such certified amount on the Treasurer of the State in favor of the person claiming such refund, and the Treasurer of the State shall thereupon make payment of same to such applicant. How Paid (3) Any person who shall falsely swear to a refund application, information statement, or any sworn statement made in connection with the procurement of refund of gasoline tax, knowing that any statement contained therein is false, or any person who shall claim refund for tax paid on gasoline used for the purpose of generating power for propulsion of motor vehicles on the public highways shall be subject to the penalties provided in Section 92-9905, Sub-section (B) of the Motor Fuel Tax Law (Georgia Laws 1937, Page 205, renumbered in the Code of Georgia Annotated as Section 92-9924.) Penalty for False Application (4) (a) The Commissioner of Revenue shall make such rules and regulations, not inconsistent with the provisions of this sub-section as are necessary and proper for the enforcement of this sub-section. Such rules and regulations shall have the force of law and

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shall be observed by all users seeking the benefits of this sub-section. Commissioner of Revenue to Make rules and Regulations (b) In the event the Commissioner of Revenue concludes that any user has willfully violated the terms of this sub-section, or willfully failed to observe any of the rules and regulations adopted by the Commissioner of Revenue for the administration of this sub-section, the Commissioner may in his discretion suspend the right of such person to participate in the benefits of this sub-section for a term of not more than one year. Suspension of Benefits Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act shall become effective upon the first day of March following the date of its approval by the Governor of the State of Georgia. Effective Date Approved January 25, 1946. TAX FOR TEACHER RETIREMENT No. 565 An Act To authorize municipalities of the State of Georgia to levy and collect a tax for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. Section 1. That from and after the passage of this Act all municipalities of the State of Georgia are hereby authorized and empowered to levy and collect taxes for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems. Authorization to 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 January 31, 1946.

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TAX REFUNDS No. 572 An Act To amend Section 34 (b) of the Act of the General Assembly, approved January 3, 1938, (Ga. Laws, 1937-38, Extraordinary Session, pages 77-103, as amended by the Act approved March 8, 1945, (Ga. Laws 1945, Page 270-275), relating to the procedure for granting tax rerunds and interest thereon, by adding at the end of said section 34 (b) a proviso fixing the date within which the State Revenue Commissioner is authorized to pay interest on tax refunds; 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 34 (b) of the Act entitled An Act to Make Comprehensive Provision for an Integrated Tax Administration for Georgia, approved January 3 1938 (Ga. Laws 1937-38, Extraordinary Session, pages 77-103), as amended by the Act approved March 8, 1945, page 270-275), relating to the procedure for granting tax refunds and the payment of interest thereon, be and the same is hereby further amended by adding at the end of said section as amended, the following proviso: Original Act Amended That the authority of the State Revenue Commissioner to pay interest on such tax refunds shall be limited to the payment of such refunds as were made on or after March 1, 1942. Limitations Section 2. That all laws or parts of laws in conflict with this Act are hereby repealed. Approved January 31, 1946. TAXATION IN CERTAIN COUNTIES No. 551 An Act To authorize counties having a population of more than 80,000 by the United States Census of 1940 or by any future census, to levy taxes for the purposes defined and described in Article 7, Section 4, Paragraph

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1 and Article 7, Section 2, Paragraph 2 of the Constitution of Georgia as amended; to authorize the fiscal authorities of such counties to make a single levy of a stated millage sufficient for such purposes and such County Authorities shall not be required to specify the percentage levied for each specific purpose; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act all counties of the State of Georgia having a population of more than 80,000 according to the United States Census of 1940 or any future Census, shall be authorized to levy taxes for all of the purposes defined and described in Article 7, Section 4, Paragraph 1 and Article 7, Section 2, Paragraph 2 of the Constitution of Georgia as amended, and the fiscal authorities of such counties be authorized to make a single levy of a stated millage sufficient for such purposes and such county authorities shall not be required to specify the percentage levied for each specific purpose. Authorization to Levy Taxes Section 2. That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved January 31, 1946.

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TITLE III GOVERNMENT ACTS Authority of Governor to Fix Compensation for Certain Department Heads Compensation for Workmen's Compensation Board Expenditure of Federal Funds by Department of Forestry Franklin D. Roosevelt Warm Springs Memorial Commission Hospital Regulations Public Safety Department Qualification of Voters Senatorial Districts Social Security BoardAuthority to Purchase Land State Board of Corrections State Hospital Authority Amendment State Ports Authority AUTHORITY OF GOVERNOR TO FIX COMPENSATION FOR CERTAIN DEPARTMENT HEADS No. 571 An Act Authorizing the Governor to fix the compensation of the Director of the Department of Forestry, the Director of the Department of Mines, Mining and Geology, and the Director of the Department of State Parks, Historic Sites and Monuments; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the approval of this Act, the Governor is authorized to fix the salaries of the Directors of the Department of Forestry, the Department of Mines, Mining and Geology, and the Department of State Parks, Historic Sites and Monuments, in an amount not to exceed Five Thousand ($5,000.00) Dollars per annum, and the amount now provided by law shall be the minimum. Authority of Governor Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 31, 1946.

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COMPENSATION FOR WORKMEN'S COMPENSATION BOARD No. 499 An Act to fix and prescribe the compensation of the Chairman and Members of the State Board of Workmen's Compensation, created by the Act of the General Assembly, approved February 8, 1943; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same. Section 1. That from and after passage and approval of this Act, the Chairman and each of the members of the State Board of Workmen's Compensation shall receive as compensation for their services Six Thousand Dollars ($6,000.00) per year, payable as now provided by law. Compensation of Board Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 30, 1946. EXPENDITURE OF FEDERAL FUNDS BY DEPARTMENT OF FORESTRY No. 604 An Act To amend an Act entitled Department of Forestry-Expenditure of Federal Funds approved March 9, 1945 (Georgia Laws 1945, pp. 390-393) amending an Act approved March 5, 1937 (Georgia Laws 1937, pp. 264-281) by adding to the end of the last sentence of Section I of the said Act of March 9, 1945 a clause which provides that those Federal Funds now appropriated or allocated or any Federal Funds that may be appropriated or allocated to the Georgia Agricultural Extension Service under the Clarke-McNary Act of Congress, the Norris Doxey Fund, or any other Act of Congress or source or allocation of Federal Funds for the purpose of carrying on agricultural or forestry extension work shall be made available directly to the Georgia Agricultural

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Extention Service. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same. Section 1. That the last sentence in Section 1 of the said Act of March 9, 1945, be amended by adding to the end thereof the following proviso: Provided that those Federal Funds now appropriated or allocated to the Georgia Agricultural Extension Service under the Clarke-McNary Act of Congress, the Norris Doxey Fund, or any other Act of Congress, source or allocation of Federal Funds for the purpose of carrying on Agricultural or Forestry Extension work shall be made available directly to the Georgia Agricultural Extension Service. So that said Section 1 of the Act approved March 9, 1945, amending Section 9 of the said Act approved March 5, 1937 shall read as follows: 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 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

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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 appointee 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 require, 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 Fulmer Acts, and further that all such funds be expended through regular State Budget Bureau channels: Provided, that those Federal Funds now appropriated or allocated or any Federal Funds that may be appropriated or allocated to the Georgia Agricultural Extension Service under the Clarke-McNary Act of Congress, the Norris Doxey Fund, or any other Act of Congress, source or allocations

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of Federal Funds for the purpose of carrying on Agricultural or Forestry Extension work shall be made available directly to the Georgia Agricultural Extension Service. Departments Abolished Functions Transferred Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 31, 1916. FRANKLIN D. ROOSEVELT WARM SPRINGS MEMORIAL COMMISSION No. 568 An Act To create the Franklin D. Roosevelt Warm Springs Memorial Commission to serve as an agency to create and maintain a Memorial to perpetuate the memory of the late Franklin D. Roosevelt; to provide for its membership, their appointment and terms of office; to specify their duties, powers and authority, and for other purposes.Whereas, Warm Springs, his Georgia home, is inextricably woven with the life history of the immortal Franklin D. Roosevelt; whereas it was here he found health and cntentment; it was here he rebuilt a shattered life which made it possible for him to write his name forever on the pages of history as well as on the hearts of all mankind as the greatest humanitarian the world has ever seen; whereas during the days of the gravest crisis of all ages it was here he made so many decisions of world shaking importance, decisions which resulted in the victory which saved civilization from destruction; and whereas, when the final summons came it found him here at The Little White Houseit is but a fitting duty that the State of Georgia should perpetuate the memory of this great man with a suitable memorial. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same:

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Section 1. There is hereby created the Franklin D. Roosvelt Warm Springs Memorial Commission which shall be deemed to be an instrumentality of the State of Georgia. The Commission shall consist of seventeen members, the original members to be appointed by the Governor, each of whom shall be a resident of the State of Georgia at the time of his appointment. The original appointment shall be made in such manner that the terms of two shall expire January 1, 1947; the terms of five shall expire January 1, 1949; the terms of five shall expire January 1, 1951 and the terms of five shall expire January 1, 1953. Their successors shall be chosen by a majority of the members of the Commission for terms of seven years each from the date of expiration of their respective terms of office, except that any person chosen by the Commission to fill a vacancy shall serve only for the unexpired term, and any member of the Commission shall be eligible to succeed himself. Immediately after such appointment or election by the Commission, as set out above, the members of the Commission shall enter upon their duties. The Commission shall elect one of its members as chairman aand another as vice-chairman, and shall also elect a secretary and treasurer who may not necessarily be a member of the Commission. A majority of the members of the Commission shall constitute a quorum. The members of the Commission 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 Commission shall make necessary rules and regulations and by-laws for its own government. The commission 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 Commission shall have perpetual existence. Commission Created Section 2. Duties of the Commission. It shall be the duties of the Commission as soon as it can organize to proceed with the making of the plans for, the developing of these plans, administering and maintaining a Memorial in the vicinity of Warm Springs, Georgia to perpetuate the memory of the late Franklin D. Roosevelt. The Commission

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shall meet annually at such time and place as shall be selected by its members. Duties Section 3. Powers of the Commission. The Commission shall have the following powers: (1) To have a seal and to alter the same at pleasure. (2) To acquire, hold and dispose of personal property for accomplishing the purposes of the Commission. Powers (3) To accept donations, grants and subsides from any source and use same in purchasing and improving such property as the Commission may deem necessary to effectuate the aims and purposes of the Commission. (4) The employ special talent, do advertising, provide such recreational facilities as they may deem necessary and advisable. (5) To provide for public admission to such Memorial, to provide for revenue for maintenance and improvements by charging admissions or in other ways as may be desired; but all of the income to be used for the advancement of the purpose for which this Commission was created. (6) To acquire in its own name by donation or by purchase on such terms and conditions and in such manner as it may deem proper, in accordance with the subject to the provisions of law, real property or rights or easements therein or franchises necessary or convenient for the purposes herein specified, and to use the same so long as the Commission shall be in existence, 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 Commission. (7) To appoint and select officers, agents and employees, including designers, sculptors, engineering, architectural and construction experts and attorneys and affix their compensation. (8) To make contracts and to execute all instruments necessary or convenient, including contracts for construction of such Memorial and such improvements thereto. (9) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage

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self liquidating projects or concessions to be located on property owned by the Commission. (10) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any State or political subdivision thereof or any agency or instrumentality thereof, including the Reconstruction Finance Corporation or any similar corporation upon such terms and conditions as the United States of America or any State or political subdivision thereof or any agency or instrumentality thereof, may impose. (11) The Commission is authorized to fix and advise from time to time fees, rentals and other charges for the use of the facilities and services furnished by the Commission, and to charge and collect the same and to lease and to make contracts with any person with respect to the use of any facility or part thereof. (12) Upon vote of the majority of the Commission it is authorized to request the Governors of each of the States of the Union to appoint an honorary member to serve on this Commission in an advisory capacity only. (13) The Commission shall upon the vote of the majority of its membership have authority to provide for honorary sub-committees of representative citizens in every section of the United States who are interested in perpetuating the name of Franklin D. Roosevelt. ([Illegible Text]) To do all things necessary or convenient to carry out the powers expressed in this Act. Section [Illegible Text]. Act Liberally Construed. This Act shall be liberally construed to effect the purposes hereof. Liberal Construction Section 5. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved January 31, 1946. HOSPITAL REGULATIONS No. 623 An Act To authorize the State Board of Health to make and promulgate reasonable rules and regulations for the protection of the health and lives of inmates and

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patients of hospitals and to prescribe the kind of hospital facilities which hospitals shall have to properly care for patients; to provide for a hospital advisory committee; to require every operator of a hospital to apply annually to the State Board of Health for a permit; to revoke the permit of any operator of any such hospital for violation of any reasonable rules and regulations of said Board, or for failure to have the reasonable minimum hospital facilities prescribed by the Board, or for the violation of any penal law of the State; to provide for appeal from any judgment of the said Board by any person who is refused a permit or whose permit is revoked; to authorize the Board to allocate funds to any State Hospital authority, or to any hospital authority created for any County or municipal corporation of this State; to exclude Federal Hospitals; to provide penalty for violation of this Act; to repeal conflicting laws; and for other purposes. Be it enaced by the General Assembly of Georgia and it is hereby enacted by authority of the same that: Section 1. In addition to the powers and duties now vested in and imposed upon the State Board of Health by exisiting laws, the said Board shall have power and authority to make and promulgate reasonable rules and regulations for the protection of the health and lives of inmates and patients of hospitals, sanatoria, infirmaries, maternity homes, nursing homes and other institutions where persons are received for treatment, examination, maternity care or nursing care in this state, except that such authority shall not include the offices of physicians or others practicing the healing art unless more than one bed are provided in such offices for overnight care of patients. The Board after consulting with an advisory committee appointed as provided in Section 2 of this Act shall adopt and promulgate all such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of said inmates and patients and shall prescribe and set out the kind and quality of building, equipment and hospital facilities which every hospital

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in this state shall have and use in order to properly care for its patients. The State Board of Health may classify or grade the hospitals, sanatoria, infirmaries, maternity homes, nursing homes and other institutions where persons are received for treatment, examination, maternity care or nursing care in this state, and make and promulgate rules and regulations that apply to such institutions according to the type of services rendered in the institutions. Promulgation of Rules Section 2 There shall be established a hospital advisory committee to advise with the State Board of Health on the policies and rules and regulations necessary for carrying out the purposes of this Act. The membership of this committee shall consist of three hospital administrators or persons with broad experience in hospital administration appointed by the Georgia Hospital Association, five members appointed by the Medical Association of Georgia, one member appointed by the Georgia Nursing Association, one member appointed by the Georgia Dental Association, five lay members with broad civic interests representing the various segments of the population appointed by the Governor, The Director of the State Department of Public Health, the Director of Public Welfare, the Attorney General, and the State Auditor. If any one of the above associations fails or ceases to function, then the Governor shall appoint representatives from these groups. When the first appointments are made, the Georgia Hospital Association shall appoint one member for a term of one year, one member for a term of two years, and one member for a term of three years. The Medical Association of Georgia or its Board of Councilors shall appoint one member for a term of one year, two members for a term of two years, and two members for a term of three years. The member appointed by the Georgia Dental Association and the member appointed by the Georgia Nursing Association shall be appointed for a term of three years. The Governor shall appoint one lay member for a term of one year, two for a term of two years, and two for a term of three years. After the expiration of the first appointments, all terms shall be for three

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years. The director of the State Department of Health, the Director of Public Welfare, the Attorney General and the State Auditor terms shall expire with their terms of office, and their successors in office shall succeed them as members of said committee. Vacancies in the membership of said committee shall be filled in the same manner as the original appointments. The Director of the State Department of Public Health shall act as chairman of the advisory committee. Advisory Committee The Hospital Committee shall meet at the call of the Chairman or at the request of five of its members. No meeting shall be called without timely written notice being given the members either by mail or by wire of the date set for the meeting. Seven members of the Committee shall constitute a quorum for the transaction of any and all business. All members shall be paid all expenses incurred in carrying out the functions and duties of the committee, and all members except those employed by the State of Georgia shall receive $10.00 per day for each day they are engaged in their duties as committeemen. The per diem and expenses above contemplated shall be paid from the appropriations made and to be made for the State Department of Public Health, or from such other funds as the Chairman of the Budget Commission shall direct. Section 3. Within six months after the State Board of Health shall have adopted the rules and regulations provided for in Section 1 of this Act, all persons operating or in charge of any hospital, sanatorium, infirmary, maternity home, nursing home or similar institution shall file an application for a permit to operate the same on a form to be supplied by the State Board of Health, and thereafter no hospital, sanatorium, infirmary, maternity home, nursing home or similar institution shall operate in Georgia without a permit issued by the State Board of Health. Such permit shall at all times [Illegible Text] prominently displayed in a conspicuous place in the building. Application for Permit The State Board of Health may refuse to grant a permit as provided for above to any applicant who does not possess the reasonable minimum requirements which the

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Board may prescribe. The Board may revoke any such permit in the event such operator violates any of the reasonable rules and regulations of the State Board of Health, or ceases or fails to have the reasonable facilities prescribed by the Board, or violates any of the penal laws of the State. All such permits issued for the operation of the institions above mentioned shall be renewed on January 1 of each year. Section 4. Any person who is refused a permit, or whose permit is revoked may appeal to the courts as in other cases provided for by law. Appeal Section 5. The State Board of Health is hereby authorized to allocate to and deliver to any State Hospital Authority, or to any hospital authority which has been or which may be hereafter created by or under authority of any Act passed by the General Assembly of Georgia for any county or municipal corporation of this State, any funds made available to the State Board of Health by the Federal Government, the state or any of its political subdivisions, or from any other source, provided, however, it shall be the duty of the Board of Health to expend all funds in accordance with any special appropriation or direction from the General Assembly of Georgia or the Federal government, or the donor of any funds. The State Board of Health shall have the power and authority to prescribe the purposes for which any such funds may be used by any such hospital authority. Delivery of Funds by State Board Section 6. The provisions of this Act shall not apply to any hospital operated exclusively by the Federal government or any of its agencies. Not Applied to Federal Gov't. Section 7. Any person who knowingly or wilfully violates this Act or any portion thereof shall be guilty of a misdemeanor, and upon conviction therefor shall be punished as for a misdemeanor. Penalty Section 8. If any section, clause, provision or portion of this Act shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect

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or invalidate any other section, clause, provision or portion of the Act. Invalid Parts Section 9. This Act shall not become effective or operative in any respect as to any provisions herein contained unless and until funds have been made available to the State Board of Health for the purposes herein enumerated by the Federal Government, the State or any of its political subdivisions, or from any other source. Time of Becoming Effective Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 1, 1946. PUBLIC SAFETY DEPARTMENT No. 484 An Act to amend an Act entitled Public Safety Department approved March 19, 1937, (Ga. L. 1937, pp. 322-355) and all amendatory acts thereto, by providing for one troop to consist of not more than 300 men in the descretion of the Director of Public Safety with the approval of the Department of Public Safety; to redefine the rank and pay of certain personnel; to re-define the membership of the headquarters staff; to provide a subsistence allowance of not less than $2.50 per diem and actual expense for meals and lodging while on duty away from district or division; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Paragraph 1 of Section 2 of Article 2 of an Act approved March 19, 1937 relating to the Public Safety Department and the same specifically dealing with the headquarters staff, as amended by an Act approved February 3, 1943 (Ga. L. 1943, pp. 196-202) be, and the same is hereby repealed in its entirety and a new paragraph 1 substituted in lieu thereof to read as follows: P. I., Sec. 2 Art. 2 Ga. L. 1943 pp. 196-202 Repealed Headquarters staff shall be composed of the Director Deputy Director, Commanding Officer with rank and pay of captain, treasurer with the rank and pay of captain,

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and such non-commissioned officers and male clerical force as the Director deems necessary for use at headquarters. The salaries of the headquarters staff shall be on the same scale, and payable at such times as those of similar rank herein named. Amended to Read The clerical duties at headquarters shall be performed by such headquarters staff, with the right in the Director of Public Safety to transfer any member of such headquarters staff to any other division or district for other duty he may see fit. The Director of Public Safety shall appoint one of the officers of the headquarters staff to act as Treasurer and disbursing officer for the Department of Public Safety, and such officer shall give a good and sufficient bond in amount of $10,000 conditioned for the faithful discharge of his duties, and for the faithful accounting of all funds coming into his hands, payable to the Governor of Georgia and his successors in office, and to be approved by the Director of Public Safety. In the event a surety bond is given by any member or employee of the Department of Public Safety, the premium thereon shall be paid out of funds of the Department. Section 2. Paragraph 2 of Section 2 of Article 2 of the Act approved March 19, 1937, and all amendatory acts thereto, is hereby amended by striking and repealing the said Paragraph 2 and all amendments thereto, and inserting in lieu thereof a new Paragraph 2 which reads as follows: One troop of not more than 300 officers and men, in the discretion of the Derictor of Public Safety with the approval of the Department of Public Safety, which troop, as instituted, shall be composed of the following personnel, including the Commanding Officer and Treasurer herein named; said troop to include not more than the following numbers of officers and non-commissioned officers with salaries as herein stated, payable monthly: Composition of Troop 2 captains at $2,700.00 per year, each 5 1st lieutenants at $2,300.00 per year, each

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2 sergeants-major at $2,100.00 per year, each 4 staff sergeants at $1,900.00 per year, each 22 sergeants at $1,800.00 per year, each 22 corporals at $1,700.00 per year, each All troopers at $1,500.00 per year, each Said salaries to be increased by the Commissioner of Public Safety, with the approval of the Department of Public Safety, not more than five (5%) per cent, annually, for the first five years of enlistment; said five (5%) per cent, to be figured on base pay as set forth in this Act, provided, however, the said salaries shall be maintained within the appropriation made by law. The provisions of this section, granting an increase in salary of $25.00 per month, shall also apply to the members of the Georgia Bureau of Investigation. Section 3. Section 11 of the Act approved March 19, 1937 relating to the Public Safety Department, and all acts amendatory thereto, is hereby amended by striking and repealing the last Paragraph of said Section which specifically deals with allowance for meals and lodging and which reads as follows: Provided, that in the Division or Districts, if not more than six members of the Georgia State Patrol are stationed therein, that an allowance for meals shall be made, and further provided, that when any officer or trooper is on duty away from his district or Division he snall be allowed his proper expense for meals and lodging. and substituting in lieu thereof the following: That all members of the Uniform Division of the Department of Public Safety shall be paid a subsistence allowance of not less than $2.50 per diem, and that when any officer or trooper is on duty away from his district or division he shall be allowed his proper expense for meals and lodging. Payment to Member, Dept. of Safety Section 4. To repeal all laws and parts of laws in conflict herewith. Approved January 30, 1946.

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QUALIFICATION OF VOTERS No. 633 An Act Prescribing the manner in which persons who were not on the current qualified voters' list at the General Election of November 1944 in any county, city or town of the State and who have not registered subsequent to said date and who shall not hereafter register must qualify to vote; and to provide for the effective date of this Act and providing that the provisions of said Act shall not apply in any county of 200,000 or more population according to the 1940 Federal Census or any future Federal 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 all persons who, at the General Election of November 1944, in any county, city or town of the State who were not on the current qualified voters' list of said county, city or town or who have not registered since that time or who shall not hereafter register, shall, before voting at the next or any succeeding General or Special Election, first qualify by registering with the proper officials of the county, city or town of the State at least four (4) months before any such future General Election and five (5) days before any such Special Election. Time for Registration Section 2. The provisions of this Act shall become effective on and after February 15, 1946 and further provide that the provisions of this Act shall not apply in all counties of 200,000 or more according to the 1940 Federal Census or any future Federal Census. Date Effective Section 3. Be it enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 1, 1946. SENATORIAL DISTRICTS No. 612 An Act To amend Section 47-102 of the Code of Georgia of 1933, and all Acts amendatory thereof, relating to the

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Senatorial Districts of said State, by striking said Section in its entirely, and substituting in lieu thereof a new Section to be numbered 47-102, so as to provide for fifty-four Senatorial Districts of the State of Georgia; to provide that the same shall be distributed and be composed of the various counties of said State; to provide for a system of rotation for the election of Senators; to repeal all conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, Section 47-102 of the Code of Georgia of 1933, and all Acts amendatory thereof, be and the same is hereby repealed in its entirety, and there is substituted in lieu thereof a new Section to be numbered Section 47-102, relating to the fifty-four Senatorial Districts of said State, reading as follows: Code 47-102 Repealed 47-102. There shall be fifty-four (54) Senatorial Districts of the State of Georgia, and the same shall be distributed and composed of the variousc counties of said State as follows, to-wit: New 47-102 No. 1 Effingham, Chatham No. 2 Liberty, Bryan and McIntosh No. 3 Long, Brantley, and Wayne No. 4 Camden, Charlton, and Glynn No. 5 Clinch, Ware, and Atkinson No. 6 Lanier, Echols, and Lowndes No. 7 Mitchell, Thomas, and Grady No. 8 Miller, Decatur, and Seminole No. 9 Baker, Calhoun, and Early No. 10 Worth, Lee, and Dougherty No. 11 Clay, Randolph, and Terrell No. 12 Webster, Quitman, and Stewart No. 13 Sumter, Macon, and Schley No. 14 Pulaski, Bleckley, and Dooley No. 15 Toombs, Montgomery, and Wheeler No. 16 Emanuel, Laurens, and Treutlen No. 17 Burke, Jenkins, and Screven No. 18 Jefferson, Richmond, and Glascock

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No. 19 Greene, Warren, and Taliaferro No. 20 Washington, Baldwin, and Hancock No. 21 Wilkinson, Johnson, and Jones No. 22 Lamar, Monroe, and Butts No. 23 Taylor, Crawford, and Peach No. 24 Marion, Muscogee, and Chattahoochee No. 25 Talbot, Harris, and Upson No. 26 Fayette, Spalding, and Clayton No. 27 Oconee, Jackson, and Barrow No. 28 Putnam, Morgan, and Jasper No. 29 McDuffie, Columbia, and Lincoln Districts Enumerated No. 30 Hart, Madison, and Elbert No. 31 Habersham, Franklin, and Stephens No. 32 White, Lumpkin, and Dawson No. 33 Banks, Hall, and Forsyth No. 34 Rockdale, DeKalb, and Gwinnett No. 35 Newton, Walton, and Henry No. 36 Pike, Coweta, and Meriwether No. 37 Heard, Carroll, and Troup No. 38 Polk, Paulding, and Haralson No. 39 Cherokee, Douglas, and Cobb No. 40 Rabun, Towns, and Union No. 41 Fannin, Gilmer, and Pickens No. 42 Floyd, Bartow, and Chattooga No. 43 Murray, Whitfield, and Gordon No. 44 Catoosa, Dade, and Walker No. 45 Telfair, Irwin, and Ben Hill No. 46 Coffee, Pierce, and Bacon No. 47 Turner, Colquitt,and Tift No. 48 Wilcox, Crisp, and Dodge No. 49 Candler, Evans, and Bullock No. 50 Wilkes, Oglethorpe, and Clarke No. 51 Bibb, Twiggs, and Houston No. 52 Fulton No. 53 Cook, Brooks, and Berrien No. 54 Appling, Jeff Davis and Tattnall Section 2. The first county named in each of the above sections shall furnish the Senator for the next general election and after that the counties in the order named above shall furnish the Senator for that district. Rotation of Office

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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 1, 1946. (NOTE) BY THE GOVERNOR: Approved subject to the proviso that the provisions in H. B. No. 621 relating to the Senatorial Districts numbered One through Fifty-two shall not become effective until January 1, 1952, provided, however, the provisions of the said Act relating to Senatorial Districts Numbered 53 and 54 shall become effective immediately. Approved ELLIS ARNALL Governor This 31st day of January, 1946. (NOTE) BY THE GOVERNOR: Since the Attorney General in an official opinion dated February 1, 1946 has advised me as follows, in my opinion the Governor's veto power under Article 5, Section 1, Paragraph 15 of the Constitution as amended does not give you (the Governor) authority to change the effective date of an Act contrary to the date fixed in the Act by the General Assembly, I am approving House Bill No. 612. Approved (s) ELLIS ARNALL This 1st day of February, 1946 SOCIAL SECURITY BOARDAUTHORITY TO PURCHASE LAND No. 556 An Act To authorize the State Board of Social Security to purchase land either adjacent or near lands already under the control of said Board, provide the method of payment therefor and for other purposes. Section 1. Be it enacted by the General Assembly of

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Georgia and it is hereby enacted by authority of the same that the State Board of Social Security is hereby authorized to purchase land or lands adjacent or near lands now under the control of said Board where, in the opinion of said Board, the same is needed for the benefit of one of the institutions under their control and management and to pay for said land out of any funds which may be available for said purpose and to take title to land so purchased in the name of the State of Georgia for the use of said Board. Authority to Purchase Land Section 2. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved January 31, 1946. STATE BOARD OF CORRECTIONS No. 617 An Act To create and Provide for a State Board of Corrections to be composed of five members to be appointed by the Governor; to provide for terms of members thereof and for compensation of the members; to provide for the appointment of a Director of Corrections; to define the jurisdiction, powers and duties of the State Board of Corrections over State Penal Institutions and county public works camps, and State Highway camps; to provide that said Board shall have control of the State Penal System and the inmates thereof; to provide for the selection of the Director of Corrections and to define his rights, powers and duties; to authorize and direct certain penal reforms; to provide for transportation of certain prisoners and the cost thereof; to repeal an Act approved October 6, 1943, creating a State Department of Corrections (Acts, Extra Session, 1943, pp. 2-5); to provide that the provisions of this Act are severable; 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. There is hereby created a State Board of Corrections as provided for in Section 5 of Article 5 of the Constitution of 1877 as amended August 7, 1945, to be composed of five members who shall be appointed by the Governor, with the consent of the Senate. The first appointments 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 members of the State Board of Corrections shall receive no salary but shall receive the sum of ten ($10.00) Dollars per day for each day of actual attendance at the meetings of the Board or on tours of inspection, in lieu of expenses incurred in connection therewith, and actual cost of transportation to and from the place of meeting, or place of visits and inspection of the respective institutions of the Penal System of the State by the nearest practical route from their respective homes, such expenses and mileage to be paid by the Treasury out of the funds of the State by executive warrant, on presentation of vouchers by the members of the Board, approved by the Chairman and signed by the Secretary. Board Created Section 2. The State Board of Corrections shall meet once each month in the office of the Director of Corrections, unless in the discretion of a majority of the Board, it is necessary or convenient to meet elsewhere to carry out the duties of the Board. Special meetings may be held at such times and places as shall be specified by the call of the Chairman of the Board or by the Director of Corrections. The Secretary of the Board shall give written notice of the time and place of all meetings of the Board to each member of the Board and to the Director of Corrections. Meetings of the Board shall be open to the public. The Board may, however, hold executive sessions whenever it, in its discretion, deems advisable. Three members of the Board shall constitute a quorum for the transaction of business. Time of Meetings Section 3. The State Board of Corrections shall annually elect one of its members as Chairman, and shall elect from its membership a Secretary of the Board. The Secretary of the Board shall keep adequate records and minutes

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of all business and official acts of the Board. Records of the Board shall be maintained in the office of the Director of Corrections. Election of Chairman Section 4. The State Board of Corrections shall elect a Director of Corrections, who shall be the executive officer of the Board, and shall hold office at the pleasure of the Board. The Director shall be paid a salary of Seven Thousand ($7,000.00) Dollars annually, payable monthly. The Director shall direct and supervise all of the administrative activities of the State Board of Corrections, and shall attend all meetings of the State Board of Corrections. The Director shall also make, publish and furnish to the General Assembly and the Governor annual reports regarding the work of the State Board of Corrections, and such special reports as he may consider helpful in the administration of the Penal System, or as may be directed by the State Board of Corrections. The Director shall perform such other duties and functions necessary, or desirable, to carry out the intent of this Act, and which he may be directed to perform by the State Board of Corrections. Director of Corrections Section 5. The Director of Corrections, with the consent and approval of the State Board of Corrections, is hereby authorized to appoint and employ such clerical force as is necessary to carry on the administration of the Penal System, and such experts and technical help as needed, assistants to the Director, wardens and guards, and other employees necessary for the operation of the State-operated institutions where prisoners are confined. The Director shall establish and maintain in his office a complete roster of all employees in the office of the Director and for each of the various institutions operating under the authority of the Board. Clerical Force Section 6. The State Board of Corrections is hereby authorized to adopt, establish and promulgate rules and regulations governing the transaction of business of the Penal System of the State by the State Board of Corrections, by the Director of Corrections and the administration of the affairs of the Penal System in the different institutions coming under authority and supervision of the

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State Board of Corrections. The State Board of Corrections shall adopt rules governing the assignment, housing, working, feeding, clothing, treatment, discipline, rehabilitation, training and hospitalization of all prisoners coming under its custody. The Board may also adopt rules and regulations governing the conduct of/or the welfare of employees of the State institutions operating under its authority and in the county public works camps and State Highway camps operating under its supervision, and shall also prescribe the working hours and conditions of work for employees in the office of the Director of Corrections and of institutions operating under the authority of the Board. Promulgation of Rules Section 7. The State Board of Corrections shall advise the Director of Corrections on all problems relating to the prison program and shall institute a program of wise, humane, and intelligent prison administration which will have for its underlying purpose the rehabilitation and reclamation of the inmates of the State Prisons and the making of the correctional institutions as self-supporting as possible. The Board shall represent the public interest in the improvement of the Penal System and shall advise and assist the Director of Corrections in fostering the interest of institutions coming under the authority or supervision of the Board and in the improvement of personnel standards and conditions in such institutions. Director Advised by Board Section 8. The State Board of Corrections shall carry out the provisions of this Act in providing for proper facilities for the segregation of juveniles, first offenders of the law, habitual criminals and incorrigibles, and for the provision of proper hospitalization for mentally diseased inmates and those prisoners afflicted with contagious, infectious and incurable diseases. The Board shall likewise adopt and promulgate rules and regulations governing the Penal System, which will guarantee a wise and humane prison program. Segregation of Prisoners Section 9. The State Board of Correction is authorized to transfer mentally diseased inmates from the Georgia State Prisons or other institutions operating under its

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authority, to the criminal ward or facility of the State Hospital for Insane at Milledgeville, Georgia, provided the inmate is adjudged to be mentally diseased to such extent that his transfer is found to be advisable by a Board of Examining Physicians created by Executive Order of the Governor. Mentally Diseased Inmates Section 10. The State Board of Corrections may transfer any inmate afflicted with active tuberculosis from the George State Prisons, or any other institution operating under the authority of the State Board of Corrections, to be a tubercular ward or facility, specially provided for criminals at a tuberculosis facility or facilities operating under the State Department of Public Health, provided the transfer of such inmate is found to be advisable by a Board of Examining Physicians created by Executive Order of the Governor. Tubercular Inmates Section 11. From and after the passage of this Act all persons convicted of crime, either misdemeanor or felony, in any courts of this State, shall be by the Courts first assigned to the State Board of Corrections for specific assignment. The State Board of Corrections is hereby given complete supervision and control of all persons convicted of crime, misdemeanor or felony, in the Courts of the State, and the Board is hereby given the authority to assign, transfer, and place all such persons in such prisons, public work camps, State Highway camps, penitentiary, hospitals, or other institutions of confinement located in the State of Georgia and coming under its jurisdiction, as the Board shall deem to be to the best interest of the prisoner, to the State, and to its subdivisions. The Board may adopt rules and regulations for the handling of all prisoners and may delegate its authority to assign same to the Director of Corrections, if the Board deems advisable. Assignment by Board Section 12. Whipping of inmates and all forms of corporal punishment shall be prohibited. All shackles, manacles, picks, leg-irons, and chains shall be barred from use by any correctional institution, public work camp, highway camp, or other institution of confinement operated under authority of the State Board of Corrections.

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In transferring prisoners from one locality to another, manacles may be used where necessary to restrain or prevent the prisoner's escape. The wearing of stripes shall not be required, but may be used as punishment for violation of prison rules and regulations for such time as the State Board of Corrections, or the Director of Corrections may direct. Corporal Punishment Prohibited Section 13. The State Board of Corrections shall have the authority to approve the establishment of county public works camps, and abolish such camps. Each county maintaining a county camp shall receive a quota of prisoners in accordance with such methods of apportioning as may be established by the State Board of Corrections. The State Board of Corrections shall have the authority to cause persons convicted in one county to serve in any other county of the State, and any county shall have the right, with the approval of the State Board of Corrections, to deliver its quota of felony and misdemeanor prisoners to the State Board of Corrections or one of the institutions operating under its authority. The State Board of Corrections does not have the authority to assign either male or female prisoners to serve in any capacity in a county jail. Establishment of Camps Section 14. Women inmates of the correctional system shall be removed from proximity to the men's prison, and shall not be confined in county public works camps or county facilities, except with the expressed approval of the State Board of Corrections. Women Inmates Section 15. The State Board of Corrections shall establish and provide for central receiving stations and classification centers for prisoners sentenced by the Courts of the State. Transportation expenses of the prisoners from the point of conviction to the receiving stations shall be paid from the appropriations made to the State Board of Corrections when such prisoners are ultimately assigned to State institutions. The State Board of Corrections shall bear the cost of transportation from the point of conviction of all prisoners assigned to the State Prisons or other State penal institutions operated by the State Board of Corrections. When prisoners are assigned to a county

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camp or a Highway Camp, the expenses of transportation from the point of conviction, or from the receiving station, shall be borne by the county or the State Highway authorities of the Camp receiving the prisoners. Receiving Stations and Classification Centers When a prisoner has completed his term of service and is discharged upon completion of sentence, or is conditionally released or paroled from any State institution or otherplace of detention operated under the authority of the State Board of Corrections, the Board shall furnish such prisoner with a ticket by common carrier to the prisoner's home, when it is within the State of Georgia, and if his home is outside the State of Georgia such ticket shall be to the point of conviction. The State Board of Corrections shall also furnish such prisoner clothing to consist of a hat or cap, a coat, vest, pair of trousers, belt, socks, shoes, shirt, tie, and underwear appropriate to the season of the year, if the prisoner be male, and if the prisoner be female she shall be furnished such wearing apparel as the State Board of Corrections may deem necessary and suitable. When a prisoner is discharged at the expiration of his sentence, or is conditionally released or paroled from a county camp, or a State Highway camp, the transportation and clothing enumerated shall be furnished by the county or the State Highway Department. Released Prisoners Section 16. The theory of prison work shall be based on occupational and vocational training, and not on business conducted for profit or in competition with private enterprise and free labor. The provisions of this Section shall not apply to county public works camps and State Highway camps. Prison Work The Supervisor of Purchases and all Departments of the State Government shall purchase from the State Board of Corrections such supplies and materials as may be produced by the different institutions under the authority of the Board. The use of free labor in the production and manufacture of such supplies and materials shall be limited to supervision only. Section 17. A program of rehabilatation shall be instittuted by the Board of Corrections and said program shall

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include academic, industrial, mechanical, agricultural and vocational training. Rehabilitation Program Section 18. The State Board of Corrections shall establish and fix qualifications for wardens, guards and correctional officials. The various wardens, guards and other employees in county public works camps and Highway camps shall be chosen by the proper county and Highway officials, subject to the approval of the State Board of Corrections, and the salaries of all such employees shall be fixed and paid by the proper county and Highway authorities. Qualification of Officers Section 19. The State Board of Corrections, in institutions under its control, s hall give the prisoners opportunity for reasonable educational and recreational activities where practical, and shall afford opportunity for religious activities to such prisoners as may desire to attend same. Educational and Recreational Activities Section 20. The State Board of Corrections shall formulate rules and regulations providing for extra good time allowance in addition to that now provided by law, to be awarded to deserving and exemplary prisoners. The State Board of Pardons and Paroles shall respect the uniform regulations and rules of the State Board of Corrections in computing the time served by inmates of the institution and shall cooperate in extending parole and clemency to such as are subject to special consideration. The extra good time allowance is in addition to regular statutory good time. Regular statutory good time will be granted to prisoners as follows: Extra Good Time Misdemeanor prisoners: The person in charge of any institution having misdemeanor prisoners shall keep a book in which shall be entered the names of all misdemeanor prisoners in the institution, and at the end of each laboring day shall record opposite the name of each prisoner his conduct during the day; and should it appear from this book that the conduct of the prisoner has been good, that he or she has been diligent in performing the work assigned, his or her time of service and confinement shall be shortened four days in each

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month for the time of the sentence. This reduction of time is for continued good conduct. Felony prisoners: The person in charge of any institution having felony prisoners shall keep a good conduct record in which he shall faithfully record the conduct of each prisoner under his charge. All felony prisoners who demean themselves uprightly, and who abide by the rules of the prison and diligently perform work assigned, shall have deducted from the sentence imposed upon him or her, two months for the second year,three months for each subsequent year until the tenth, inclusive, and four months for each remaining year of the time of imprisonment. This reduction of time is based upon continued good conduct, and shall apply only to prisoners who have not been sentenced to life imprisonment. Incorrigibles shall be qualified as such and dealt with in accordance with rules and regulations established by the State Board of Corrections, or by the Director of Corrections when approved by the Board. Incorrigible prisoners in county camps, or highway camps, shall be returned to the State at the request of the proper county or highway authorities. Misdemeanor Prisoners Felony Prisoners Incorrigible Section 21. The State Board of Corrections shall restrict punishment for infraction of correctional rules and regulations to isolation and restricted diet, or uniform standard humane punishment which the Board may deem necessary for the control of prisoners. Punishment Restricted Section 22. The State Board of Corrections shall conduct hearings upon all complaints made against any officer or employee of the Board, or of any institution operated under authority or supervision of the Board. It shall also conduct investigations and hold hearings, on any specific cause when suggested to do so by the Governor, and it may on its own motion or upon suggestions of any citizen make investigation in regard to the enforcement of this Act and the observance of all rules and regulations made for the enforcement of the Act. Hearings Upon Complaints Section 23. The Director of Corrections is hereby authorized to bring before the State Board of Corrections

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from time to time such matters and issues which he deems advisable or necessary, and when such matters are brought before the State Board by the Director of Corrections, the Board shall give due consideration thereto and shall assist and advise the Director concerning same. Authority of Director Section 24. The State Board of Corrections shall submit an annual budget covering costs of operating the prison system, the Board, the office of Director of Corrections, and all institutions financed by the State and operated under authority of the Board. Budget Section 25. The State Board of Corrections is hereby authorized to prescribe the duties of the Director of Corrections necessary for the enforcement of this Act, which are not herein specified. Duties of Director Section 26. The executive office of the State Board of Corrections and the Director of Corrections shall be located in the City of Atlanta, and suitable quarters shall be assigned to the Board and Director, and his staff of employees. Executive Office Section 27. Wherever the term Board, or the Board, has been referred to in this Act, the same shall mean the State Board of Corrections as created by this Act. Wherever the term, Director, or the Director, has been used in this Act, the same shall mean the Director of Corrections as provided for in this Act. Board or the Board Section 28. The Sections of this Act and the parts thereof are hereby declared to be independent and severable and should any section or any part thereof be declared to be void, ineffective, or unconstitutional for any cause, the remaining section or sections shall not be affected thereby, it being declared that all other parts or sections would have been enacted regardless of the part held to be unconstitutional, inoperative or void. Invalidity of Part Section 29. All rules and regulations enacted by this Board, under the authority of this Act, shall be reasonable. Reasonableness Section 30. The Act approved August 6, 1943, (Acts,

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Extra Session, 1943, pp. 2-5) creating a State Department of Corrections be, and the same is hereby repealed in its entirety. Act Ex. Session 1943 pp. 2-5 Repealed Section 31. That all laws and parts of law in conflict with this Act, be, and the same are, hereby repealed. Approved February 1, 1946. STATE HOSPITAL AUTHORITY AMENDMENT No. 491 An Act to amend an Act entitled An Act creating the State Hospital Authority; authorizing the authority to construct, operate and maintain self-liquidating projects embracing hospitals, sanitoriums, dormitories and housing accommodations and utilities and other facilities in connection therewith, at institutions under the control or supervision of the State Board of Public Welfare or any other state agency or Department; conferring powers and imposing duties on the authority; Authorizing the issuance of revenue bonds of the authority, payable solely from earnings and revenues, to pay the cost of such projects, etc., providing for a State Hospital Authority as found in the acts of 1939 on pages 144 to 159 inclusive, approved February 1st, 1939, by striking from said Act Section 5 in its entirety and inserting in lieu thereof a new section 5 to provide that said authority, or any authority which has, or which may in the future, succeed to the powers, duties and liabilities vested in the authority herein created, shall have authority to issue negotiable revenue bonds in addition to those outstanding at the time of the approval of this Act in an amount not to exceed the total sum of seven million dollars for the purposes and in accordance with the terms and conditions as provided in Section 5 as it now appears in said Act and as it appears as re-written herein so that the said authority shall be authorized to issue and additional sum of negotiable revenue bonds not to exceed the total sum of seven million dollars; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows, to-wit: Section 1. That an Act of the General Assembly of Georgia, approved February 1st, 1939, known as the State Hospital Authority Act appearing on pages 144-159 inclusive, of the Acts of the General Assembly of 1939 entitled An Act creating the State Hospital Authority; authorizing the authority to construct, operate and maintain self-liquidating projects embracing hospitals, sanitoriums, dormitories and housing accommodations and utilities and other facilities in connection therewith, at institutions under the control or supervision of the State Board of Public Welfare or any other State Agency or Department; conferring powers and imposing duties on the Authority; authorizing the issuance of revenue bonds of the Authority payable solely from earnings and revenues, to pay the cost of such projects; etc., be and the same is hereby amended by striking there from Section 5 in its entirely and substituting in lieu thereof a new Section 5 to read as follows: State Hospiital Authority Act Amended Section 5. Revenue Bonds. The Authority, or the Authority created under the Act of the General Assembly of 1941, approved February 6th, 1941, appearing on pages 250-253 inclusive, of the Acts of 1941, or any authority which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created in the Act here sought to be amended 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, in addition to those which have already been issued by said Authority, in a sum not to exceed the total sum of seven million dollars, of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects at any institution under the control of the State Department of Public Welfare. 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,

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shall bear interest at such rate or rates not exceeding four and one-quarter per cent per annum, payable semi-annually, shall mature at such time or times not exceeding thirty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, 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 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. 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 therto 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 bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation

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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 therefore at more than four and one-quarter per cent per annum computed with relation to the obsolute 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 dedemption of any bond prior to maturity. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and shall be disbursed upon requisition or order of the Chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed (the amount required for the purpose for which such bonds are issued), the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable

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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 at any one institution. Any resolution providing for the issuance of revenue bonds under th 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. New Section To Read Revenue Bonds Bonds Negotiable Exempt from Taxation Proceeds Replacement Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved January 30, 1946. STATE PORTS AUTHORITY No. 516 An Act to amend the title of the State Ports Authority Act (Act. No. 422 Georgia Laws 1945), Approved March 9, 1945, to amend Section 3 of said Act by striking out paragraph (d) thereof, to amend Section 7 of said Act by providing for the investment of moneys of said authority, and to amend Section 10 of said Act by providing for the maintenance by the State of all or any part of the system of State docks acquired or constructed under 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 the title of the State Ports Authority Act (Act No. 422, Georgia Laws 1945), be and the same is hereby amended to read as follows: Act No. 422, Ga. L. 1945 Amended

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An Act creating the State Ports Authority; authorizing the Authority to promote, develop, construct, equip, maintain [Illegible Text] 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; authorizing the Authority to make covenants for the maintenance, repair and operation of any such project from f unds other than the revenues of such project or projects; providing that no debt of the State shall be incurred in the exercise of any of the powers granted by this Act; making such bonds legal investments and also exempt from taxation; providing for condemnation; authorizing the issuance of revenue refunding bonds; fixing the venue or jurisdiction of actions relating to any provisions of this Act and the time within which such action must be brought; authorizing appropriations for the purposes of the Authority; 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. State Ports Authority Created Section 2. That Section 3 of said State Ports Authority Act be and the same is hereby amended by striking paragraph (d) therefrom. Par. (d), Sec. 3 Stricken Section 3. That Section 7 of said State Ports Authority Act be and the same is hereby amended by adding a new paragraph at the end of said Section, such new paragraph to read as follows: Subject to the extent that such right may be restricted by resolution passed before the issuance of its bonds or by the trust indenture securing such bonds,

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the Authority may invest any moneys received by it pursuant to authority of this Act in obligations which are eligible as security for the investment of trust funds under the rules and regulations of the Federal Reserve Board, and the Authority may, by resolution provide for the sale of any such investment and for the reinvestment of the proceeds thereof. Investments Section 4. That Section 10 of said State Ports Authority Act be and the same is hereby amended by adding a new paragraph at the end of Section 10 to read as follows: Notwithstanding any of the foregoing provisions of this Section or any of the other provisions of this Act, and, inasmuch as such project or projects will constitute a part of the system of state docks and the power of taxation may be exercised by the General Assembly for the purpose of maintaining a system of state docks, the Authority may, by resolution passed prior to the issuance of any bonds under the provisions of this Act or by the trust indenture securing such bonds, covenant for and on behalf of the State of Georgia for the payment by said State of the cost of maintaining, repairing and operating any project or projects acquired or constructed under the provisions of this Act, in their entirety or to the extent provided by such resolution, and such resolution shall have the force of contract between the State and the holders of such bonds issued for such project or projects. Payment by State Section 5. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by and court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Invalidity of Part Section 6. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 30, 1946.

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TITLE [Illegible Text] CODE AMENDMENTS AND REPEALS ACTS Abandonment of Child 74-9902 Assistant State Treasurer 40-904 Banks, Holding of Securities 13-2023 Child Labor Regulations 54-301 et. seq. Comensation of Jurors and Court Bailiffs 59-120 County School Superintendents 32-1006 Election Forms 34-1401 et. seq. Law Assistants in Court of Appeals 24-3508 Motor Carrier Tax Amended 92-2902 Notice of Bond Elections 87-301 Notice of Intention to Ask Local Legislation 47-801 Out of State Wills as Muniments of Title 113-709 Provision for Widows of Confederate Veterans 78-216 Purposes of County Taxation 92-3701 Qualification of Nurses 84-1008 Revision of Divorce Laws 30-101 et. seq. Road Taxes in Certain Counties 95-803 Salary of Griffin Judicial Circuit Court Reporter 24-3104 Seizure of Conveyances Used in Violation of Liquor Law 58-207 Supreme Court Shorthand Writers 24-4301 et. seq. Workmen's Compensation Law 114-102, 114-801-827 ABANDONMENT OF CHILD 74-9902 No. 560 An Act To amend section 74-9902 of the code of Georgia of 1933, defining the offense of abandonment of child, fixing a penalty for said offense, affecting the competency or witnesses, and for other purposes, by providing for commission of the offense by a mother, and affecting the competency of witnesses, and as said section has heretofore been amended, re-enacted, revised, or changed, and as particularly amended and changed by an Act of the General Assembly of Georgia approved March 27, 1941, as the same appears on pages 481, 482, 483 and 484, of the published Acts of the General Assembly for 1941; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows.

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Section 1. Section 74-9902 of the Code of Georgia of 1933, defining the offense of Abandonment of Child, fixing a penalty for said offense, providing for the competency of witnesses, fixing a penalty for said offense and for other purposes, as said section has heretofore been amended, revised, re-enacted or changed, and particularly as affected by an Act of the General Assembly of Georgia approved March 27, 1941, as the same appears on pages 481, 482, 483, and 484 of the published Acts of the General Assembly for 1941, be and the same is hereby amended by striking said section in its entirety and by inserting in lieu of the section so stricken the following to be known as Section 74-9902 of the Code of Georgia: Code 74-9902 Amended 74-9902. If any father or mother shall wilfully and voluntarily abandon his or her child, leaving it in a dependent condition, he or she, as the case may be, shall be guilty of a misdemeanor. The wife and husband shall be competent witnesses, in such cases to testify for or against the other. A child thus abandoned by the father or mother shall be considered to be in a dependent condition when the father or mother charged with the offense does not furnish sufficient food and clothing for the needs of the child. The offense of abandonment shall be and is hereby declared to be a continuing offense. Former acquittal or conviction of said offense shall not be a bar to further prosecution therefor under this section; if it shall be made to appear that said child was in a dependent condition as defined herein for a period of thirty (30) days prior to the commencement of prosecution. Code 74-9902 As Amended Section 2. Be it further enacted that if this Act or any portion hereof shall be declared invalid for any reason, the remainder of this Act and the application of such Act or portion thereof to other persons or circumstances shall not be affected. Invalidity of Part Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 31, 1946.

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ASSISTANT STATE TREASURER 40-904 No. 589 An Act To repeal Section 40-904 of the 1933 Code of Georgia pertaining to Assistant Treasurer, salary, and appointment of clerks and to enact in lieu thereof a code section of the same number and covering 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 40-904 of the 1933 Code of Georgia be and the same is hereby repealed in its entirety and there is hereby enacted in lieu thereof another code section bearing the same number which, when enacted, shall read as follows: Code 40-904 Repealed Section 40-904 Assistant State Treasurer Clerks. There shall be an officer in the State Treasury Department to be styled Assistant State Treasurer. The salary of said Assistant State Treasurer shall be $4,800.00 per annum, and his appointment shall be by the State Treasurer. All clerks of said department shall be appointed by the State Treasurer who shall fix the salaries of said clerks within the limits of the legislative appropriation. New Code 40.904 Section 2. That all laws or parts of laws in conflict herewith be and the same are hereby appealed. Approved January 31, 1946. BANKS, HOLDING OF SECURITIES 13-2023 No. 629 An Act To amend Section 13-2023 of the Code of Georgia of 1933 relating to subscription for, purchase of, or holding of stock and investment securities by banks, and the limitation as to the amount of investment securities

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that may be subscribed for, purchased, or held by any bank, so as to remove the limitation as to the amount of Federal farm loan bonds that may be subscribed for, purchased or held by any bank, 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 13-2023 of the Code of Georgia of 1933 be amended, and the same is hereby amended, by adding at the end of the second sentence of said section the following: , or to Federal farm loan bonds issued by Federal land banks organized under the provisions of the Act of Congress known as the Federal Farm Loan Act. so that when so amended said Section 13-203 of the Code of Georgia of 1933 shall read as follows: Code 13-2023 Amended No bank shall subscribe for, purchase, or hold stock in any other bank, except stock in the Federal Reserve Bank of Atlanta necessary to qualify for membership therein, nor in any other corporation unless the same shall have been transferred to it in satisfaction of a debt previously contracted, or shall have been purchased at a sale under a power contained in a note or other instrument by which it was pledged to the bank or under a judgment or decree in its favor, and all such stocks shall be disposed of by the bank within six months, unless the Superintendent of Banks shall extend the time for good cause shown; nor shall a bank purchase or hold any bonds or debentures except such as are classed as investment securities, and the buying and selling of such securities shall be limited to buying and selling without recourse marketable obligations upon which there has never been a default, evidencing indebtedness of any person, partnership, association, or corporation in the form of bonds, notes and/or debentures, commonly known as investment securities, under such regulations as may be prescribed by the Superintendent of Banks. The total amount of such investment

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securities shall at no time exceed 25 per cent. of the capital and unimpaired surplus of such bank; but this limitation as to the amount shall not apply to obligations of the United States, of this State, or of the several counties, districts, of municipalities thereof which have been validated as provided by law, or to Federal farm loan bonds issued by Federal land banks organized under the provisions of the Act of Congress known as the Federal Farm Loan Act. Nothing in this section is to be construed as applying to savings banks doing a savings business only; Provided, that this section shall not apply to securities actually owned January 1, 1920: Provided, further, that any bank may subscribe for or purchase stock in an agricultural credit corporation duly organized, under the laws of this State having authority to make loans to the farmers of this State for agricultural purposes and to rediscount the same with the Intermediate Credit Bank of Columbia, but no bank shall subscribe for or purchase stock in more than one such corporation, nor invest therein more than 10 per centum of its capital, and no such subscription or purchase shall be made until first approved by the Superintendent of Banks. Proviso as to Federal Farm Loan Act Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Section 3. That this Act shall take effect from and after its passage and approval. Approved February 1, 1946. CHILD LABOR REGULATION 54-301 et. seq. No. 495 An Act regulating employment of children, to provide hours for their employment; to define hazardous occupations, to provide penalties for the violation of this Act; to repeal Chapter 54-3 of the Code of Georgia of 1933 relating to the regulation of child labor; to repeal

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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 1Minimum Age. No minor under fourteen (14) years of age shall be employed, permitted or suffered to work in any gainful occupation at any time; provided that this law shall not be construed to apply to the work of a minor in agriculture, demestic service in private homes, or in employment by a parent or a person standing in place of a parent. Minimum Age No child under sixteen years shall be employed by or permitted to work in or about any mill, factory, laundry, manufacturing establishment or workshop nor in any occupation which has been designated as hazardous in accordance with Section Two of this Act. Hazardous Occupation Boys twelve and thirteen years of age may be permitted to work in wholesale and retail stores, provided work permits are procured as provided in Section Eight of this Act and provided there is compliance with the provisions of Sections Three, Five and Six as to hours of work. Work Permits Required Section 2Hazardous Industries. No child under the age of sixteen years shall be employed, permitted or suffered to work at any of the following occupations or in any of the following positions; operating or assisting in operating any of the following machines: in the operation of powerdriven woodworking machines; machines used in picking wool, cotton, hair or any other material; job or cylinder printing presses; boring or drilling presses; stamping machines used in sheet metal or tin ware, or in paper or leather manufacturing or in washer or nut factories; metal or paper-cutting machines; corner staying machines; steam boilers; dough brakes or cracker machinery of any description; wire or iron straightening or drawing machinery; rolling-mill machinery; power punches or shears; washing, grinding, or mixing machinery; laundering machinery; nor engaged in any work in or about a rolling, mill machine shop or manufacturing establishment, which is hazardous, or dangerous to health, limb or life; or in the proximity to any hazardous

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or unguarded gearing; or upon any railroad whether sleam, electric or hydraulic; or upon any vessel or boat engaged in navigation or commerce within the jurisdiction of this State. Nor shall any child under the age of sixteen years be employed, permitted, or suffered to work in any capacity, in, about, or in connection with any process in which dangerous or poisonous acids are used; nor in the manufacture or packing of paints, colors, white or red lead; nor in soldering; nor in occupations causing dust in injurious quantities, nor in the manufacture or use of poisonous dyes or poisonous gases; nor in the manufacture or use of compositions of lye in which the quantity is injurious to health; nor on scaffolding; nor in heavy work in the building trades; nor in any tunnel or excavation; nor in, about, or in connection with any mine, coke breaker, coke over or quarry; nor be employed to operate any automobile, motor car or truck; nor to work in any bowling alley, elevators, picture show machines; nor in any place or occupation which the Commissioner of Labor may declare dangerous to life and limb or injurious to health or morals of children under sixteen years of age. All children who work during summer months in peach season in peach packing houses are exempt from the provisions of the Bill. What are Hazardous Industries Summer Peach Packing Section 3Work at Night. No minor under sixteen (16) years of age shall be permitted to work for any person, firm, or corporation, as defined in Section One of the Act between the hours of 9 P. M. and 6 A. M. according to the standard time of the community in which employer shall be located. Night Work No minor under sixteen years of age shall be employed in the delivery of messages by any persons, firms or corporation engaged in the message service business or in the general work of messenger service between the hours of 9 P. M. and 6 A. M. Section 4Night Delivery and Sale of Newspapers. Children under sixteen years of age may be employed to sell or deliver newspapers in residential areas between the hours of five o'clock A. M. and nine o'clock P. M., but shall not be employed to sell or deliver newspapers between

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the hours of nine o'clock P. M. and five o'clock P. M. and five o'clock A. M. provided such employment is not for a longer time than is provided in Section 5 and shall not be performed during school hours. Newspaper Delivery Section 5Maximum Hours of Employment. No minor under sixteen years of age shall be employed, permitted or suffered to work in any gainful occupation covered by this Act for more than four (4) hours on any day in which school attended by said minor is in session, or more than eight (8) hours on days other than school days, or more than forty (40) hours in any one week. Maximum Hours of Employment Section 6Employment During School Hours. No minor under sixteen years of age shall be employed, permitted or suffered to work in any gainful occupation during the hours when public or private schools are in session, unless said minor has completed Senior High School. Employment During School Hours Section 7Employment Certificates. No child between the ages of fourteen and sixteen years shall be employed by or permitted to work for any person, firm or corporation, as defined in section one of this Act, unless and until a certificate showing the true age of such child and that such child is not less than fourteen years of age and is physically fit to follow the employment sought to be obtained, shall be issued by the superintendent of the schools (or by some member of his staff authorized by him in writing) in the County or City where said child re-sides. A like certificate shall be issued in cases of all children between the ages of sixteen and eighteen. The certificate must show that the said child is fully sixteen years of age to qualify said child to work between the hours of 9 P. M. and 6 A. M. and to be employed in any of the occupations enumerated in Section Two of this Act. No employment certificate shall be issued to any child until he shall have submitted to the issuing officer; (1) A statement from the employer that at the present time, if he were furnished with a certificate from the school superintendent as required by law, he could place the child at work, giving the character of employment, it being

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understood that the employer shall not undertake to employ the child for any specific length of time, (2) A certified copy of a birth certificate or a legal transcript of parts thereof issued in accordance with the Georgia law. Upon the termination of the employment of any child between fourteen and sixteen years of age, the employer knowing of such termination, the employer shall return within five days the employment certificate to the authority issuing same, and thereafter a new certificate shall be issued only upon presentation by the child of a new statement for employment. If the employer shall have no knowledge of the child's having terminated employment, but the child shall have failed to appear for work during the period of thirty days, the employer shall then return the certificate to the authority issuing same. The certificate mentioned in the foregoing paragraph shall state the full name, date and place of birth of the child, with the name and address of the parents, guardian, or person sustaining the parental relationship to such child, and that the child has appeared before the officer, and the evidence of age required herein. Employment Certificates Blank forms of these certificates shall be furnished by the Commissioner of Labor to the superintendents of schools in the respective cities and counties. A duplicate copy of each certificate shall be filed with the Commissioner of Labor within four days from its issuance. The Commissioner of Labor may, at any time, revoke any certificate if, in his judgment, the certificate was improperly issued. He is authorized to investigate the true age of any child employed, hear evidence, and require the production of relevant books or documents. If the certificate shall be revoked, the then employer shall be notified, and the said child shall not thereafter be employed or permitted to labor until a new certificate shall have been legally obtained. Provided, that manufacturing plants desiring age certificates for minors eighteen to twenty-one, may request certificates from school superintendents who can use discretion as to their issuance. Blank Forms Furnished Section 8Penalty. Any person, agent, or representatives of any firm or corporation, violating any of the

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provisions of this Act or any parent, guardian or other person standing parental relationship to any child, shall be guilty of a misdeamor. Penalty Section 9Enforcement. It shall be the duty of the State Labor Department to enforce the provisions of this Act. Enforcement Section 10. Title 54-3 of the Code of Georgia of 1933 relating to the regulation of child labor, the same is hereby repealed in its entirety. Section 11. Constitutionality of Act. If any part of this Act is decided to be unconstitutional and void, such decision shall not affect the validity of the remaining parts of this Act unless the part held void is indispensable to the operation of the remaining parts, and all laws and parts of laws inconsistent with the provisions of this Act are hereby repealed. Invalidity of Part Section 12Effective Date. The provisions of this Act shall become effective on July 1, 1946. Approved January 30, 1946. COMPENSATION OF JURORS AND COURT BAILIFFS 59-120 No. 606 An Act To amend Section 59-120 of the Code of Georgia of 1933, providing for compensation of jurors and court bailiffs, by striking the words exceed $3 between the words to and per diem in the fifth line of said section and inserting in lieu thereof the words be less than $2 nor to exceed $6; 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 59-120 of the Code of Georgia of 1933 providing for compensation of jurors and court bailiffs be, and the same is, hereby amended by striking the words exceed $3 between the words to and per

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diem in the fifth fifth line of said section and inserting in lieu thereof the words be less than $2 nor to exceed $6, so that said section when so amended shall read as follows: Code 59-120 Amended The first grand jury impaneled at the fall term of the Superior Courts of the several counties shall fix the compensation of jurors and court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $2 nor to exceed $6 per diem; and the same compensation shall allowed to bailiffs and jurors of the several city courts and special courts as is allowed bailiffs and jurors in the superior courts in which such city or special court may be located. The pay of tales jurors shall be the same as the regularly drawn traverse juror. New Code 59-120 Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved January 31, 1946. COUNTY SCHOOL SUPERINTENDENTS 32-1006 No. 550 An Act To repeal and strike in its entirely from Chapter 32-10 relating to county superintendents of schools all of Section 32-1006 of the Code of 1933, which relates to compensation due county superintendents of schools and to substitute in lieu of said repealed and stricken section a new section to be known as Section 32-1006 to read as follows:Section 32-1006. Each county superintendents of schools shall be certified and classified by the State Board of Education as teachers are now classified and certified under the provisions of Acts 1937, pp. 882-885, known as an act to equalize educational opportunities throughout the State. The county superintendent of schools shall receive salaries in amounts fixed by the State Board of Education, based on classification and certification in the same manner teachers are paid

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under said act. Provided, however, that in no event shall the salary of a county school superintendent be less than $70.00 per month. Said salaries to be paid monthly out of the school funds of the state, and in addition thereto, the county board of education shall allow for additional compensation for the services to be rendered, as may be in their judgment proper and just.; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same. New Code Section 32-1006 Minimum Salary Section 1. That Chapter 32-10 relating to county superintendents of schools be and the same is hereby amended by striking therefrom in its entirely Section 32-1006 of the Code of 1933, which section relates to compensation due county superintendents of schools and by substituting in lieu of said section, repealed and stricken, a new section to be numbered 32-1006 and to read as follows: Code 32-1006 Stricken in Entirety Section 32-1006. Each county superintendent of schools shall certified and classified by the State Board of Education as teachers are now classified and certified under the provisions of Acts 1937, pp. 882-885, known as an Act to equalize educational opportunities throughout the State. The County superintendents of schools shall receive salaries in amounts fixed by the State Board of Education, based on classification and certification in the same manner teachers are paid under said Act. Provided, however, that in no event shall the salary of a county school superintendent be less than $70.00 per month, nor more than $100.00 per month, said salaries to be paid monthly out of the school funds of the State, and in addition thereto, the county board of education shall allow for additional compensation for the services to be rendered, as may be in their judgment proper and just. New Code Section 32-1006 Section 2. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved January 31, 1946.

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ELECTION FORMS 34-1401 et. seq. No. 632 An Act To repeal Chapter 34-14, Section 34-1401, Section 34-1402 and Section 34-1403, relating to blank forms, tally sheets and blank lists of voters, and certificates used in the holding of elections in their entirety, and to repeal paragraph 7 of Section 40-601 of the Code of Georgia of 1933, relating to the duties of the Secretary of State as to furnishing forms or returns, certificates, directions and advice to the Ordinaries with reference to holding elections and for other purposes; and substitute for said paragraph 7 a new paragraph prescribing the duties of the Secretary of State with reference to furnishing all necessary forms for holding elections, and to enact a new paragraph to be known as paragraph 7a and 7b, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Chapter 34-1401, 34-1402 and 34-1403 of the Code of Georgia of 1933 prescribing certain duties upon the Governor relating to the furnishing of certain blank forms, tally sheets and blank lists of voters and certificates used in the holding of elections be and the same are hereby repealed in their entirety. Code Chapters 34-1401, 34-1402 34-1403 Repealed Section 2. That paragraph 7 of Section 40-601 of the Code of Georgia, relating to the duties of the Secretary of State as to furnishing forms of returns, certificates, directions and advice to the Ordinaries with reference to holding elections and for other purposes, be and the same is hereby repealed in its entirety. Par. 7 Code Section 40-601 Repealed Section 3. That in lieu of paragraph 7 of said Section 40-601 of the Code of Georgia of 1933 a new paragraph to be known as paragraph 7 is hereby enacted to read as follows: The Secretary of State shall furnish each Ordinary of the State the Form of official ballot, all blank forms, including tally sheets, blank lists of voters, forms of returns, certificates and directions to be used in all

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elections for United States Senate, Governor, Electors of President and Vice-President of the United States, Representatives to Congress, Secretary of State, State Treasurer, Comptroller General, Attorney General, State Superintendent of Schools, Supreme Court of Appeals, Judges of the Superior Court, Solicitor General, Public Service Commissioner, Commissioner of Labor, Members of the General Assembly, and County Officers. The Secretary of State shall certify to the respective Ordinaries the names of all candidates for national and state offices who have qualified as such as provided in Section 34-1904 of the Code of Georgia and in case there are one or more persons purporting to represent the same political party or candidate it shall be the duty of the Secretary of State to determine such an issue. The Ordinaries of the respective counties shall not be requied to add any other names for national and state offices on the official ballot except upon certificate of the Secretary of State. New Par. 7 Code Sec. 40-601 Certification to Ordinaries 7A. In any party polling less than 150,000 votes in Georgia in the last preceding general election for President of the United States, where contests exists as to the legal Delegates to a National Convention at which a nomination of candidate for the President of the United States is to be made, it shall be the duty of the Secretary of State to determine the issue and to certify the names of the legally elected delegates to the Secretary of the National Committee of the Party interested. Contest as to Legal Delegate 7B. The Secretary of State shall provide and keep on hand a sufficient quantity of self sealing envelopes of uniform appearance and suitable size, and a sufficient quantity of any of the forms above specified for use in the elections aforesaid. He shall furnish the respective Ordinaries all of such forms as may be necessary, and they shall furnish all such forms as may be necessary to the justices of the Peace at least five days before election day, and on failure to do so the Ordinaries shall be subject to a fine not exceeding $100.00. Forms to be Furnished by Sec'y. of State Section 4. All laws and parts of laws in conflict herewith

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be and the same are hereby repealed. Approved February 1, 1946. LAW ASSISTANTS IN COURT OF APPEALS 24-3508 No. 535 An Act To repeal Section 24-3508 of the Georgia Code of 1933 relating to shorthand writers in the Court of Appeals; by designating another title; by fixing the salaries thereof; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 24-3508 of the Georgia Code of 1933 relating to shorthand writers in the Court of Appeals be and the same is hereby stricken in its entirety. Code 24-3508 Stricken Section 2. A new Section 24-3508 relating to law assistants in the Court of Appeals to read as follows: Section 24-3508. The law assistants of the Court of Appeals shall each receive for his services a salary of Four Thousand ($4,000.00) Dollars per annum. Compensation be and the same is hereby substituted in lieu of the present Section 24-3508 of the Georgia Code of 1933. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 31, 1946. MOTOR CARRIER TAX AMENDED 92-2902 No. 611 An Act To amend Code Section 92-2902 of the Code of Georgia of 1933 by striking from Sub-Section 5 thereof subparagraph (k) readings: (k) Over 10,000 pounds $1,000 Code 92-2902 Amended and substituting therefor the following: (k) Over 10,000 pounds and not exceeding 12,000 pounds $300

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(l) Over 12,000 pounds and not exceeding 14,000 pounds $500 (m) Over 14,000 pounds $1,000; and to amend Sub-Section 12 of said Code Section by striking therefrom sub-paragraph (k) reading: (k) Over 10,000 pounds $1500 and substituting therefor the following: (k) Over 10,000 pounds and not more than 12,000 pounds $600 (l) Over 12,000 pounds and not more than 14,000 pounds $1000 (m) Over 14,000 pounds $1500 making the maximum feet for truck trailers or semitrailers not used as or in connection with, a nonpassenger-carrying motor vehicle, truck, or tractor, used as a common carrier for hire, and equipped with pneumatic tires, in accordance with the factory weight, the sums specified herein, and the maximum fee for each trailer and semitrailer, equipped with pneumatic tires, used as, or in connection with, any nonpassenger-carrying motor vehicle operated for hire in accordance with the factory weight, the sums specified herein. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same, that Section 92-2902 of the Code of Georgia be, and it hereby is amended as follows: (1) Sub-section (5) thereof is amended by striking therefrom sub-paragraph (k) reading: (k) Over 10,000 pounds $1000 Amendment and substituting therefor the following: (k) Over 10,000 pounds and not exceeding 12,000 pounds $300 (l)) Over 12,000 pounds and not exceeding 14,000 pounds $500 (m) Over 14,000 pounds $1,000 so that said Sub-section (5) as amended shall read as follows: (5)For each truck trailer, or semi-trailer not used as, or in connection with, a nonpassenger-carrying motor

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vehicle, truck or tractor, used as a common or contract carrier for hire, and equipped with pneumatic tires, in accordance with the factory weight, the following: (a) Not exceeding 1,000 pounds $2.50 (b) Over 1,000 pounds and not exceeding 1,500 pounds 5.00 (c) Over 1,500 pounds and not exceeding 3,000 pounds 7.50 (d) Over 3,000 pounds and not exceeding 4,000 pounds 20.00 (e) Over 4,000 pounds and not exceeding 5,000 pounds 30.00 (f) Over 5,000 pounds and not exceeding 6,000 pounds 50.00 (g) Over 6,000 pounds and not exceeding 7,000 pounds 75.00 (h) Over 7,000 pounds and not exceeding 8,000 pounds 100.00 (i) Over 8,000 pounds and not exceeding 9,000 pounds 150.00 (j) Over 9,000 pounds and not exceeding 10,000 pounds 250.00 (k) Over 10,000 pounds and not exceeding 12,000 pounds 300.00 (l) Over 12,000 pounds and not exceeding 14,000 pounds 500.00 (m) Over 14,000 pounds $1,000.00 (2) Sub-Section (12) thereof is amended by striking therefrom subparagraph (k) reading: (k) Over 10,000 pounds $1500 and substituting therefor the following: (k) Over 10,000 pounds and not more than 12,000 pounds $600 (l) Over 12,000 pounds and not more than 14,000 pounds $1000 (m) Over 14,000 pounds $1500 so that said Sub-Section (12) as amended shall read as follows. (12) For each trailer or semi-trailer, equipped with pneumatic tires, used as, or in connection with, any nonpassenger-carrying

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motor vehicle operated for hire, in accordance with the factory weight, as follows: (a) Not exceeding 1,000 pounds $ 5.00 (b) Over 1,000 pounds and not more than 1,500 pounds 10.00 (c) Over 1,500 pounds and not more than 3,000 pounds 15.00 (d) Over 3,000 pounds and not more than 4,000 pounds 50.00 (e) Over 4,000 pounds and not more than 5,000 pounds 75.00 (f) Over 5,000 pounds and not more than 6,000 pounds 125.00 (g) Over 6,000 pounds and not more than 7,000 pounds 150.00 (h) Over 7,000 pounds and not more than 8,000 pounds 200.00 (i) Over 8,000 pounds and not more than 9,000 pounds 300.00 (j) Over 9,000 pounds and not more than 10,000 pounds 500.00 (k) Over 10,000 pounds and not more than 12,000 pounds 600.00 (l) Over 12,000 pounds and not more than 14,000 pounds $1,000.00 (m) Over 14,000 pounds 1500.00 Section 2. All laws and parts of laws in conflict herewith, be and the same, are hereby repealed. Approved January 31, 1946. NOTICE OF BOND ELECTIONS 87-301 No. 591 An Act To amend Code Section 87-301 of the Code of Georgia of 1933 so as to provide when counties, municipalities or political divisions desiring to incur a bonded indebtedness under the provisions of the Constitution shall give, after an election, notice to the

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Solicitor General or Attorney General of the result of said election; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. That Code Section 87-301 of the Code of Georgia of 1933, which is as follows: 87-301. When any county, municipality, or political division, desiring to incur any bonded debt, as prescribed in Paragraphs I and II of Section VII, Article VII of the Constitution (Sections 2-5501, 2-5502) shall hold an election in accordance with the provisions of the Constitution and laws of this State controlling and regulating such elections, and the returns of such election shall show prima facie that such election is in favor of the issuance of said bonds, the officer or officers of such county, municipality, or political division, charged by law with the duty of declaring the result of said election, shall, within six months after so declaring the result of said election, notify the solicitor general of the judicial circuit in which such county, municipality, or political division shall be, in writing, of the fact that an election was held and that the election was in favor of the issuance of such bonds. The service of such notice shall be personal upon the solicitor general, but in the event he is absent from the circuit, it shall be served in person upon the Attorney General. be, and the same is, hereby repealed by striking the following words from said Section, to-wit: Paragraph I and II, Section VII, Article VII of the Constitution (Sections 2-5501, 2-5502) and inserting in lieu thereof: Paragraphs I, II, and III of Section VII, Article VII of the Constitution so that said Section when so amended shall read as follows: Code 87-301 Amended 87-301. When any county, municipality, or political division, desiring to incur any bonded debt, as prescribed in Paragraphs I, II and III of Section VII, Article VII of the Constitution shall hold an election in accordance with the provisions of the Constitution and laws of this State controlling and regulating such elections,

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and the returns of such election shall show prima facie that such election is in favor of the issuance of said bonds, the officer or officers of such county, municipality, or political division charged by law with the duty of declaring the result of said election, shall, within six months after so declaring the result of said election, notify the solicitor general of the judicial circuit in which such county, municipality, or political division shall be, in writing, of the fact that an election was held and that the election was in favor of the issuance of such bonds. The service of such notice shall be personal upon the solicitor general, but in the event he is absent from the circuit, it shall be served in person upon the Attorney 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 January 31, 1946. NOTICE OF INTENTION TO ASK LOCAL LEGISLATION 47-801 No. 567 An Act To amend Section 47-801 of the Code of Georgia of 1933 relating to the notice of intention to apply for passage of local bills, by striking said section in its entirety and substituting in lieu thereof a new section to be numbered 47-801; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. From and after the passage of this Act, Section 47-801 of the Code of Georgia of 1933, relating to publication of notice of intention to ask local Legislation necessary, be, and the same is hereby, amended by striking

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said Section in its entirety, and substituting in lieu thereof a new section to be numbered 47-801, relating to the notice of intention to apply for passage of local bills, said Section to read as follows, to-wit: No local or special bill shall be 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 if the qualified voters of the political subdivision affected. New Section 47-801 Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved January 31, 1946. OUT OF STATE WILLS AS MUNIMENTS OF TITLE 113-709 No. 562 An Act To amend Section 113-709 of the Code of Georgia by providing that wills executed in another State, and witnessed according to the laws of the State where

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executed, shall constitute muniments of title for the transfer of real property in this State; and for other purposes. Be it enacted by authority of the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 113-709 of the Code of Georgia (Acts of 1908, page 85) be amended by striking the word Georgia in the second line thereof and substituting in lieu thereof the words said state, so that said Section, as amended, shall read as follows:- Code 113-709 Amended All wills executed in another State and witnessed according to the laws of said State, which shall be hereafter probated in another State, shall constitute muniments of title for the transfer and conveyance of real property in this State to the distributees or devisees mentioned in such wills, and the same shall be admitted in evidence in this State as such muniments of title without being probated in this State, when accompanied by an exemplification of the record admitting the will to probate in another State, certified according to the provisions of section 38-627, and when said will so exemplified is recorded in the office of the clerk of the Superior Court of the county in which the land is situated, in the record where deeds are recorded in this State. Out Of State Wills Section 2. That all laws, and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved January 31, 1946. PROVISION FOR WIDOWS OF CONFEDERATE VETERANS 78-216 No. 570 An Act To provide for the admission and maintenance of widows of Confederate Veterans at the Confederate Soldiers' Home of Georgia; to provide for application and approval; to provide for maintenance at said Soldiers'

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Home to be in lieu of pensions; to provide that any widow not maintained at the Home shall continue to receive her pension from the State; to provide that the State Department of Public Welfare shall have the authority, duty and responsibility of administering said Home for the additional uses prescribed in this Act; to amend, revise and rewrite Section 78-216 of the Code of 1933 as amended by an Act approved February 24, 1939 (Acts 1939, pp. 189-190) which said Section fixes the amount and time of payment of pensions to Confederate Soldiers and widows of Confederate Soldiers, so as to provide that Confederate Soldiers shall be paid a pension of seventy-five ($75.00) per month, payable on the first day of each month, and to provide that widows of Confederate Soldiers shall be paid a monthly pension of fifty ($50.00) per month, payable on the first day of each month; to provide that members eligible for this pension but who are inmates of the Confederate Home be paid five ($5.00) per month for incidental expenses; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same. Code 78-216 Amended Section 1. In addition to the occommodation provided for Confederate Veterans at the Confederate Soldiers' Home of Georgia, from and after the passage of this Act said Home shall be maintained also for any widows of Confederate Veterans who may by law be entitled to receive pensions from the State on account of being such widows upon complying with the conditions and provisions prescribed hereinafter in this Act. Accommodations for Widows Section 2. Any widow of a Confederate Veteran entitled to draw a pension from the State may be admitted to the Confederate Soldiers' Home of Georgia and be cared for, clothed, housed and fed at said Home at the expense of the State when such widow shall apply for admission and shall be approved for admission by the Director of the State Division of Confederate Pensions and Records, provided any widow so admitted shall not at any time she is maintained at the Home draw any pension from the State. Who May Be Admitted

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Section 3. Any widow of a Confederate Veteran entitled to draw a pension from the State who does not elect to be maintained at the Confederate Soldiers' Home of Georgia shall continue to receive the pension provided for her undr the laws of Georgia. Election of Privileges Section 4. Authority is hereby conferred upon the State Department of Welfare to administer the Confederate Soldiers' Home of Georgia for the additional uses specified in this Act and said Department is charged with such duty and responsibility. Authority Conferred Upon Dept. of Welfare Section 5. That Section 78-216 of the Code of 1933 as amended by an Act approved February 24, 1939 (Acts 1939, pp. 189-190) fixing the amount and time of pensions payable to Confederate Soldiers and widows of Confederate Soldiers be, and said Act is, amended, revised and rewritten so as to provide a monthly pension for Confederate Soldiers in the sum of seventy-five ($75.00) per month and a monthly pension to widows of Confederate Soldiers in the sum of fifty ($50.00) per month, each payable on the first day of the month, so that said Section as amended by the Act of 1939 when so amended, revised and rewritten shall read as follows: Revision of Pensions 78-216. Amount of pensions and time of payment. Confederate Soldiers shall be paid a monthly pension of seventy-five ($75.00) per month, on the first day of each month. Widows of Confederate Soldiers shall be paid a monthly pension of fifty ($50.00) dollars per month, payable on the first day of each month. The several members eligible for this pension, but who are inmates of the Confederate Soldiers' Home in Atlanta are hereby gievn five ($5.00) dollars per month for incidental expenses. Section 6. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved January 31, 1946.

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PURPOSES OF COUNTY TAXATION 92-3701 No. 635 An Act To amend Section 92-3701 of the Code of Georgia of 1933 as amended by the Act of 1937-38, Extraordinary Session of the General Assembly, approved December 24, 1938; the Act of 1939, approved February 21, 1939; the Act of 1939 approved March 24, 1939; and the Act of 1941 approved March 27, 1941, relating to the purposes for which counties may levy taxes, by striking said section as amended in its entirety, and substituting in lieu thereof a new section to be known as Section 92-3701, Purposes of County Taxation in General, so as to provide for what purposes counties may levy and collect taxes; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. From and after the passage of this Act, Section 92-3701 of the Code of Georgia of 1933, as amended by the Act of 1937-38, Extraordinary Session of the General Assembly, approved December 24, 1938; the Act of 1939, approved February 21, 1939; the Act of 1939, approved March 24, 1939, and the Act of 1941, approved March 27, 1941, relating to the purposes for which counties may levy taxes, be, and the same is hereby amended by striking said Section as amended in its entirety, and substituting in lieu thereof a new section, to be known as Section 92-3701, Purposes of county tax in general, reading as follows, to-wit: Code 92-3701 Stricken 92-3701. (513) Purposes of county tax in general.County taxes may be levied and collected for the following purposes: 1. To pay the expenses of administration of the county government. Purposes Listed 2. To pay the principal and interest of any debt of the county and to provide a sinking fund therefor. 3. For educational purposes upon property located

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outside of independent school systems, as provided in Article 8 of the Constitution of Georgia as amended. 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 such assistance 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 under the Constitution of Georgia as amended 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. 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. 17. To pay pensions and other benefits and costs under

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a teacher retirement system or systems. Section 2. Be it further enacted by the authority aforesaid that all laws, and parts of laws, in conflict with this Act be and the same are hereby repealed. Approved January 30, 1946. QUALIFICATION OF NURSES 84-1008 No. 576 An Act To amend Section 84-1008, relating to the qualifications of applicants for registration as graduate nurses and scope of examination, of Chapter 84-10 of the Code of 1933, creating the Board of Examiners of Nurses for Georgia, and regulating the practice of nursing, by striking from line 3 of said Section 84-1008 the figures 21 and by substituting in lieu thereof the figures 20; and providing how said section, 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 Section 84-1008, relating to qualifications of applicants for registration as graduate nurses and scope of examination of Chapter 84-10 of the Code of 1933, creating the Board of Examiners of Nurses for Georgia, and regulating the practice of nursing be, and the same is hereby amended, by striking from Line 3 the figures 21 and by inserting in lieu thereof the figures 20, so that said Section 84-1008 of Cpater 84-10 of the Code of 1933, when so amended, shall read as follows: Code 84-1008 Amended 84-1008. Qualifications of applicants for registration as graduate nurses; scope of examination. East applicant for registration as a graduate nurse shall be at least 20 years of age, of good moral character a graduate of a regular chartered training school for nurses, connected with a general hospital or sanatorium (in which medical, surgical, obstetrical, and pediatric cases and where men, women, and children, are treated)

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where three years of training with a systematic course of instruction on the above-mentioned classes of cases is given in the hospital or other educational institution, or shall have graduated from a training school connected with a hospital of good standing, supplying a three years' training corresponding to the above standard, which training may be obtained in two or more hospitals. All qualifications of the applicant shall be determined by the State Board of Examiners of Nurses for Georgia, whih is empowered to prescribe such examinations for the applicants as will best test their fitness and ability to give efficient care to the sick. All applicants at the same examination shall be subject to the same kind of examination: Provided, that the Board of Examiners shall have the power to grant advanced credit, not in any case in excess of 12 months, for didatic and laboratory work done in an accredited college, or for credits, either time or scholastic, earned in an institution other than the one from which graduated. Age Limit to 20 Section 2. That all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved January 31, 1946. REVISION OF DIVORCE LAWS 30-101 et. seq. No. 471 An Act to revise and amend the laws of Georgia in respect to the granting of divorces and alimony, the grounds thereof, and the procedure incident to pleading, verdicts and judgments therein, and to provide for trials by the court both with and without a jury, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows:- Section 1. Section 30-101 of the Code of Georgia of 1933 entitled Total and partial; how granted; concurrent verdicts is hereby repealed, and the following Section substituted

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in lieu thereof:- Code 30-101 Repealed Divorces, how granted. Total divorces in proper cases may be granted by the Superior Court. Unless an issuable defense is filed, or a jury trial demanded in writing by either party or on before the call of the case for trial, the Judge shall hear and determine all issues of law and fact in all petitions for divorce and permanent alimony, and any other issues made in the pleadings. If a verdict or judgment is rendered authorizing the grant of a total divorce or for total divorce and permanent alimony, the verdict or judgment shall not become final for a period of thirty days. At the expiration of said period of 30 days the said verdict or judgment, either or both, shall become of full force and effect, unless some person at interest shall file in said court a written petition setting forth good and sufficient grounds for the modification or setting aside of such verdict or judgment. If such a petition is filed it shall be decided by the Judge unless a jury trial of the issues raised thereby is demanded by any party. Judge to Determine Issues of Law and Fact Verdict or Judgment not Final for 30 Days Written Petition to Modify or Set Aside Section 2. That Section 30-102 of the Code of Georgia of 1933 shall be amended by striking therefrom Subsection 7 and inserting the following in lieu thereof:- 7. Wilful and continued desertion by either of the parties for the term of one (1) year. 1 Year Desertion And by adding at the end thereof the following:- 9. Habitual intoxication. Habitual Intoxication Cruel Treatment 10. Cruel treatment, which shall consist of the wilful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb or health. Section 3. That Section 30-103 and 30-104 of the Code of Georgia of 1933 be repealed. Code 30-103 and 30-104 Repealed Section 4. That Section 30-105 of the Code of Georgia be amended so that the same shall read as follows:- 30-105. Petition; process; rules of pleading. The action for divorce shall be brought by written petition and process, said petition being verified by the plaintiff. The petition shall show whether or not there are any minor children of the parties, the name and age of each

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minor child, and where alimony or support of the division of property is involved, the petition shall show the property and earning of each party. Petition; Process; Rules of Peading Section 5. That Section 30-106 of the Code of Georgia of 1933 be amended to read as follows:- 30-106. Respondent may have a divorce, when. When a petition for divorce shall be filed, the respondent may, in his or her plea and answer, recriminate, and ask a divorce in his or her favor; and if, on the trial, the Court or jury shall believe that such party, instead of the petitioner, is entitled to divorce, they may so find upon legal proof, so as to avoid the necessity of a cross-action. When Respondent May Have Divorce Section 6. That Section 30-108 of the Code of Georgia of 1933 be repealed. Code 30-108 Repealed Section 7. That Section 30-111 of the Code of Georgia of 1933 be repealed. Code 30-111 Repealed Section 8. That Section 30-115 of the Code of Georgia of 1933 be repealed. Code 30-115 Repealed Section 9. That Section 30-116 of the Code of Georgia of 1933 be repealed, and the following Section inserted in lieu thereof:- Code 30-116 Repealed 30-116. Form of judgment and decree. Final judgment shall be so prepared as to conform to the pleadings and evidence and may restore the divorced wife's maiden name, if requested. It shall be prepared in form substantially as follows:- New Code 30-116 `Final Judgment and Decree . Upon consideration of this case upon evidence submitted as provided by law, it is the judgment of the Court that a total divorce be granted, that is to say a divorce a vinculo matrimonii, between the parties to the above stated case upon legal principles. Form of Final Judgment and Decree And it is considered, ordered and decreed by the Court that the marriage, contract heretofore entered into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into, and

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Plaintiff and Defendant, formerly husband and wife, in the future shall be held and considered as separate and distinct persons altogether unconnected by any nuptial union or civil contract, whatsoever. The Plaintiff herein shall have the right to remarry and the Defendant shall have the right to remarry. We restore to Plaintiff her maiden name, to-wit: The Court awards custody of the children of the parties as follows: The Court fixes alimony and support for the wife and children as follows: Decree entered this day of A. D., 19. _____ Judge Superior Court Section 10. That Section 30-117 of the Code of Georgia of 1933 be repealed. Code 30-117 Repealed Section 11. That Section 30-120 of the Code of Georgia of 1933 be repealed. Code 30-120 Repealed Section 12. That Section 30-122 of the Code of Georgia of 1933 be amended to read as follows:- 30-122. Rights and disabilities. When a divorce shall be granted, the Jury or the Judge, as the case may be, shall determine the rights and disabilities of the parties. Rights and Disabilities Section 13. That a new Section be added to the Code, to be numbered 30-134, to read as follows: 30-131. Any case pending in any Superior Court in this State, Wherein a divorce, or divorce and alimony are prayed for, and in which one verdict of the jury has been rendered, shall not be affected by this Act, but the trial shall be completed in accordance with the laws of Georgia exisiting prior to the passage of this Act, and any laws repealed by this act shall be considered to remain in effect, so far as said pending cases are concerned, until a final determination thereof. Cases Already Pending Section 14. All laws, or parts of laws, in conflict herewith be, and the same are hereby, repealed. Approved January 28, 1946.

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ROAD TAXES IN CERTAIN COUNTIES 95-803 No. 561 An Act To amend Paragraph 95-803 of the Georgia Code of 1933 by adding thereto a provision for counties having a population of not less than 34,800 nor more than 35,000 authority to levy a tax at a rate not greater than six-tenths of one per centum for the purpose of paying the salaries and wages and for working and repairing the public roads. 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 Paragraph 95-803 of the Georgia Code of 1933 is amended by adding thereto after the words no more than 14,500 the following: And in those counties having a population of not less than 34,800 nor more than 35,000, so that section shall, when amended, read as follows: Code95-803 Amended The Commissioner of roads and revenue, or the Ordinary, as the case may be, shall levy a tax, additional to any other authorized by law, of not more than four-tenths of one per centum on all of the taxable property in the county, and the funds so raised by said taxation, together with the commutation heretofore provided for, shall be used and expended for the purpose of paying the salaries and wages and for working, improving and repairing the public roads, as herein set forth. Provided, that in those counties having a population of not less than 26,000 nor more than 26,300, and in those counties having a population of not less than 14,132 nor more than 14,500, and in those counties having a population of not less than 34,800 nor more than 35,000, the tax levied for the aforesaid purpose may be fixed at any rate not greater than six-tenths of one per centum. Approved January, 1946.

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SALARY OF GRIFFIN JUDICIAL CIRCUIT COURT REPORTER 24-3104 No. 602 An Act To amend section 21-3104 of the Code of Georgia (1933), relating to the compensation of court reporters in criminal cases; to provide a salary for the official court reporter of the Griffin Judicial Circuit in lieu of the compensation provided in code section 24-3104, and to prescribe his duties; to provide for the levy and collection of a tax by the authorities of the various counties comprising said Griffin Judicial Circuit to pay the salary of said court reporter; to authorize the Judge of the Circuit to enforce the payment of said salary out of fees, costs, and funds, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby [Illegible Text] by authority of the same: Section 1. That from and after the passage of this Act, the official court reporter of the Griffin Judicial Circuit shall be paid a salary of $200.00 per month, in lieu of all 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. Salary in Lieu of Other Compensation. Section 2. The appointment, removal, oath of office and duties of the court reporter shall be the same as now provided in code section 24-3101, except that it shall be the duty of the reporter, when directed by the Judge of the Circuit, to take down and transcribe the testimony in coroner's inquests, and commitment hearings of capital felonies. Duty of Reporter

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Section 3. The purpose and intent of this Act is to repeal section three (3) and to reenact the provisions of sections one (1), and two (2) of an Act approved March 2nd, 1943, providing for the official court reporter of the Griffin Judicial Circuit, Acts 1943, pages 277-8. Purpose of Act Section 4. That all laws and parts of laws in conflict herewith are hereby repealed. Approved January 31, 1946 SEIZURE OF CONVEYANCES USED IN VIOLATION OF LIQUOR LAW 58-207 No. 619 An Act To amend Section 58-207 of the Code of 1933 of this state relating to the seizure and condemnation of vehicles and conveyances and boats and vessels in use in this State in violation of the liquor laws of the State so as to provide new circumstances and conditions under which such vehicles and conveyances may be seized and condemned and such boats and vessels may be seized and condemned; to provide also for the nature of such condemnation proceedings in the courts of the State; to provide for notice to all persons who abscond or conceal themselves so as to make it impossible to deliver to them actual notice of such proceedings; to prescribe conditions of defense or claim by the owner, lessee, or holder of any lien upon any vehicle, conveyance, or boat, or vessel, seized for the purpose of condemnation; to provide for the giving of bond by the owner or claimant or lien holder of or upon all such vehicles, conveyances, boats, or vessels, so seized; to provide for settlement of the cases without trial where any such vehicle, conveyance, boat or vessel, is seized and proceeded against for purpose of condomnation; 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, Sec.

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58-207 of the Code of 1933 of this State, which Section relates to the condemnation of vehicles, conveyances and boats and vessels used in violating the liquor laws of the State, be and the same is hereby amended by striking from the said Section as now appearing in the Code, the following language beginning on the twelfth line of the Section of the Code hereinbefore referred to, as the same is printed in the official Code of the year 1933 of this State: All vehicles and conveyances of every kind and description which are used on any of the public roads or private ways and all boats and vessels of every kind and description which are used in any of the waters of this State in conveying any liquors or beverages, the sale or possession of which is prohibited by law, shall be seized by any sheriff or other arresting officer who shall report the same, within 10 days after said seizure, to the solicitor of the county, city or superior court having jurisdiction in the county where the seizure was made, whose duty it shall be within 10 days from the time he receives said notice to institute condemnation proceedings in said court by petition. And by substituting in lieu thereof the following words and language: All vehicles and conveyances of every kind and description in this State, and all boats and vessels of every kind and description in any of the waters of this State, which are used in conveying, removing, concealing or storing, any liquors or beverages the transportation, possession or storing of which is in violation of the laws of the State, shall be seized and condemned by any sheriff or other arresting officer who shall report the same, within ten days after said seizure, to the solicitor of the county, city or superior court having jurisdiction in the county where the seizure was made, whose duty it shall be within ten days from the time he receives said notice to institute condemnation proceedings in said court by petition. And that the said Section be further amended by adding thereto, at the end thereof, the following paragraphs: Code 58-207 Amended Seizure of Vehicles Paragraph (e) Where the owner or lessee of any property seized for purposes of condemnation shall abscond or conceal himself so that actual notice of the

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condemnation proceedings cannot be served upon him, he shall be served by publication as is hereinbefore provided in the case of an unknown owner or lessee. When Owner Not Served Paragraph (f) All proceedings against any vehicle, conveyance, boat or vessel, for the purpose of condemnation shall be proceedings in rem against the property seized, and the property shall be described only in general terms, and it shall be no ground for defense that the person who had said property in possession at the time of its illegal use and seizure had not been convicted of such violation. Proceedings in Rem Paragraph (g) Any party at interest may appear, by answer under oath, and make defense; the owner or lessee shall be permitted to defend by showing that the property seized, if used illegally by another, this was done without the knowledge, connivance or consent, express or implied, of such owner or lessee, and by showing also that the property seized, if a motor vehicle, was legally registered with the State Motor Vehicle Department in the true name and address of such owner, or his predecessor in title, unless the vehicle be a new vehicle bought from a dealer within 30 days of the time of seizure. The holder of any bona fide lien on the property so seized shall be protected to the full extent of his lien provided such holder shows that the illegal use of the property was without his knowledge, connivance or consent, express or implied. Appearance of Parties at Interest Paragraph (h) The court to whom such petition for condemnation may be referred may in its discretion allow any party at interest to give bond and take possession of the vehicle seized, the court to determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond, the amount of the bond to be determined also by the court. The enforcement of any bond so given shall be regulated by the general law applicable to such cases. Bond Paragraph (i) The court shall have full discretion and authority to permit a settlement between the parties at any stage of the proceedings by permitting the value of the vehicle to be paid into court or the value

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of the equity therein, as determined by the court, which money, when so paid in, shall be distributed as provided by law in all cases of condemnation. Settlement So that said Section, when so amended, shall read as follows: Sec. 58-207. Contraband articles; seizure destruction; sale. All apparatus or appliances which shall be used for the purpose of distilling or manufacturing any alcoholic, spiritous, vinous or malt liquors or beverages are hereby declared to be contraband, and no corporation, firm or individual shall bave any property right in or to the same, and whenever said apparatus or appliances so used or about to be used for the purpose of manufacturing, using, holding or containing any of the liquors or beverages specified in this law be found or discovered by any sheriff, deputy sheriff or other executing officer of this State the same shall be summarily destroyed and rendered useless by him without any formal order of the court. All vehicles and conveyances of every kind and description in this State, and all boats and vessels of every kind and description in any of the waters of this State, which are used in conveying, removing, concealing or storing, any liquors or beverages the transportation, possession or storing of which is in violation of the laws of the State, shall be seized and condemned by any sheriff or other arresting officer who shall report the same, wthin ten days after said seizure, to the solicitor of the county, city or superior court having jurisdiction in the county where the seizure was made, whose duty it shall be within ten days from the time he receives said notice to institute condemnation proceedings in said court by petition, a copy of which shall be served upon the owner or lessee, if known, and if the owner or lessee 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 30 days from the filing of the petition qudgment 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

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that said vehicle, conveyance, boat or vessel was so used with the knowledge of the owner or lessee the same shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from said sale shall be applied as follows: New Section 58-207 (a) To the payment of the expense in said case, including the expenses incurred in the seizure. (b) One-third of the remainder to the officer making the seizure and furnishing the proof: Provided, that should such officer fail or refuse to report such seizure to the proper prosecuting officer within 10 days from the date thereof he shall not be entitled to any of the proceeds of such sale, and any citizen of this State having knowledge of the facts may report said seizure at the end of said period of 10 days, upon the failure of the officer making the seizure to do so, to the proper prosecuting officer, whose duty it shall be to proceed as hereinbefore directed, and all of the proceeds of said sale, in case of the failure of the officer making the seizure to report the same, to which said officer would otherwise have been entitled shall inure to the public school fund of the county in which such seizure was made. (c) To the payment or the costs of the court which shall be the same as now allowed by law in cases of forfeiture of recognizance. (d) The remainder, if any, shall, be paid into the county treasury to be held as a separate fund to be paid out under order of the court as insolvent costs in other cases arising from the violation of any of the provisions of this law; Provided, that in any county in which any of the officers of either the county, city or superior courts are now on a salary, or hereafter placed on a salary, such remainder of the funds applicable to the payment of insolvent costs of such officer or officers shall be retained in the general fund of, and become the property of such county. (e) Where the owner or lessee of any property seized for purposes of condemnation shall abscond or conceal himself so that actual notice of the condemnation

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proceeding cannot be served upon him, he shall be served by publication as is hereinbefore provided in the case of an unknown owner or lessee. (f) All proceedings against any vehicle, conveyance boat or vessel, for the purpose of condemnation shall be proceedings in rem against the property seized, and the property shall be described only in general terms, and it shall be no ground for defense that the person who had said property in possession at the time of its illegal use and seizure had not been convicted of such violation. (g) Any party at interest may appear, by answer under oath, and make defense; the owner or lessee shall be permitted to defend by showing that the property seized, if used illegally by another, this was done without the knowledge, connivance or consent, express or implied, of such owner or lessee, and by showing also that the property seized, if a motor vehicle, was legally registered with the State Motor Vehicle Department in the true name and address of such owner, or his predecessor in title, unless the vehicle be a new vehicle bought from a dealer within 30 days of the time of seizure. The holder of any bona fide lien on the property so seized shall be protected to the full extent of his lien provided such holder shows that the illegal use of the property was without his knowledge, connivance or consent, express or implied. (h) The court to whom such petition for condemnation may be referred in its discretion allow any party at interest to give bond and take possession of the vehicle seized, the court to determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond, the amount of the bond to be determined also by the court. The enforcement of any bond so given shall be regulated the general law applicable to such cases. (i) The court shall have full discretion and authority to permit a settlement between the parties at any stage of the proceeding by permitting the value of the vehicle to be paid into court or the value of the equity

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therein, as determined by the court, which money, when so paid in, shall be distributed as provided by law in all cases of condemnation. Section 2. Be it further enacted by the authority aforesaid, and it is hereby so enacted, that all laws and parts of laws in conflict with this Act be, and the same hereby are repealed. Approved February 1, 1946. SUPREME COURT SHORTHAND WRITERS 24-4301 et. seq. No. 614 An Act to repeal Sections 24-4301, 24-4302 and 24-4303 of the Georgia Code of 1933 relating to the shorthand writers in the Supreme Court, their duties, salaries, etc., and by substituting in lieu thereof a new Section 24-4301 relating to law assistants, their duties, salaries, etc; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 24-4301 of the Georgia Code of 1933 relating to shorthand writers in the Supreme Court be and the same is hereby repealed in its entirety. Code 24-4301 Realed Section 2. Section 24-4302 of the Georgia Code of 1933 relating to the duties of shorthand writers in the Supreme Court be and the same is hereby stricken in its entirety. Code 24-4302 Stricken Section 3. Section 24-4303 of the Georgia Code of 1933 relating to compensation of shorthand writers in the Supreme Court be and the same is hereby stricken in its entirety. Code 24-4303 Stricken Section 4. That a new Section 24-4301 of the Georgia Code of 1933 be and the same is hereby provided to read as follows: New Section 24-4301 Section 24-4301. The Justices of the Supreme Court are authorized to appoint seven law assistants for the use of the said Court, and to remove them at pleasure. It shall be the duty of the said law assistants to attend

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all sessions of the Court, if so ordered, to take down in writing dictation of the Justices, all decisions or discussions of points of law or evidence that may be necessary, to transcribe all notes, and generally to perform the duties of a copyist and expert amanuensis and scrivener, in addition thereto to perform all duties incident to that of a law assistant. The law assistants of the Supreme Court shall each receive for his services a salary not exceeding Four Thousand ($4,000.00) Dollars per annum. Section 5. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 1, 1946. WORKMEN'S COMPENSATION LAW 114-102, 114-801-827 No. 548 An Act To amend Code Section 114-102 of the Code of Georgia of 1933 defining injury and personal injury under the Workmen's Compensation Law, by placing a comma after the word not in the third line of said Section and by adding between the comma after the word not in the third line of said Section and the word include in the third line of said Section the words except as hereinafter provided,; and to further add a new Chapter to said Workmen's Compensation Law of Georgia to be known as Code Sections 114-801 through 114-827, so as to define certain ailments commonly referred to as occupational diseases, to provide which of said occupational diseases shall be compensable and the one liable therefor, and the amounts payable for medical and funeral expenses, and the practice, terms, conditions and regulations covering the same; to provide, in the event that certain occupational diseases are compensable under said Act, the amount payable therefor and that the terms and conditions of what is generally known as the Workmen's Compensation Law shall be applicable thereto unless otherwise referred to in this Act; to provide for

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the examination of new employees; to create a Medical Board and prescribe how the same shall be appointed and its duties and powers; to provide under certain conditions for an autopsy; to provide when this Act becomes effective; to provide for reports to the State Board of Health; 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, that after three months from the passage and approval of this Act, Section 114-102 of the Code of Georgia of 1933, which defines injury and personal injury under the Workmen's Compensation Law, be and the same is hereby amended by placing a comma after the word not in the third line of said Section and by adding between the comma after the word not in the third line of said Section and the word include in the third line of said section the words except as hereinafter provided,, so that said Section, as amended, shall read as follows: Code 114-102 Amended 114-102. Injury and personal injury defined Injury and personal injury shall mean only injury by accident arising out of and in the course of the employment and shall not, except as hereinafter provided, include a disease in any form except where it results naturally and unavoidably from the accident, nor shall injury and personal injury include injury caused by the wilful act of a third person directed against an employee for reasons personal to such employee. Injuries Defined Be it further enacted by the authority aforesaid that the following new Chapter be and the same is hereby added to what is known as the Workmen's Compansation Law of Georgia, having the heading Occupational Diseases, to be known as additional Sections of the Code of Georgia of 1933, Sections 114-801 through 114-827, inclusive, and said additional sections shall be as follows: New Chapter Added 114-801. General Prosivions .Where the employer and employee are subject to the provisions of the Workmen's Compensation Law, the disablement or death of an employee resulting from an occupational disease as

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hereinafter listed and defined, shall be treated as the happening of an injury by accident, and the employee or, in the case of his death, his dependents, shall be entitled to compensation as provided by the Workmen's Compensation Law, except as hereinafter provided, and the practice and procedure prescribed in such law shall apply to all the proceedings under this Chapter except as hereinafter otherwise provided; provided, however that in no case shall an employer be liable for compensation under the provisions of this Chapter except for a disease specified in Code Section 114-803. of this Chapter and unless such disease arose out of and in the course of employment and has resulted from the nature of the employment in which the employee was engaged under such employer and was actually contracted while so engaged, meaning by nature of the employment that to the occupation in which the employee was so engaged, there is attached the particular hazard of such disease that distinguishes it from the usual run of occupations and is in excess of the hazards of such disease attending employment in general, and unless disablement or death results within three years in the case of silicosis or asbestosis or within one year in the case of any other occupational disease after the last injurious exposure to the hazard of such disease in such employment, or, in case of death, unless death follows continuous disability from such disease commencing within the period above limited for which compensation has been paid or awarded or timely claim made as provided by the Workmen's Compensation Law, and results within seven years after such last exposure. General Provisions 114-802. Disablement and disability defined . As used in this Chapter, disablement means the event of an employee becoming actually incapacitated because of occupational disease from performing his work in the last occupation in which injuriously exposed to the hazards of such disease or from performing any work in any other occupation for remuneration. Remuneration for work performed in any other occupation,

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as herein used, shall mean remuneration which equals or exceeds 33 1-3% of the average weekly wages of the employee at the time of last injurious exposure, determined as defined in the Workmen's Compensation Law, or $20.00 per week, whichever is lesser. Disability means the state of being so totally incapacitated. Disablement and Disability Defined 114-803. Occupational disease defined .Whenever used in this Chapter, the term occupational disease shall include only those diseases hereinafter listed in this Section and shall be construed to mean only such listed disease which is due to causes and conditions which are characteristic of and pecular to the particular trade, occupation, process, or employment in which the employee is exposed to such disease, (excluding all ordinary diseases of life to which the general public are exposed), to-wit: Occupational Disease Defined 1. Poisoning by (a) Arsenic (b) Benzol (Benzene) (c) Cadmium (d) Carbon disulphide (e) Carbon Monoxide (f) Chlorine (g) Chromium (h) Cutting Compounds (i) Halogenated Hydrocarbons (j) Hydrocholoric Acid (k) Hydrocyanic Acid (l) Hydrofluoric Acid (m) Hydrogen Sulphide (n) Lead (o) Manganese (p) Mercury (q) Methanol (Wood Alcohol) (r) Nitric Acid (s) Nitrous Fumes (Oxides of Nitrogen) (t) Sulphur Dioxide (u) Sulphuric Acid (v) Zinc 2. Diseased condition caused by exposure

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to X-rays or radioactive substances. 3. Asbestosis 4. Silicosis 114-804. False Representations by Employee .No compensation shall be payable for an occupational disease if the employee, at the time of or in the course of or in the course of entering into the employment of the employer by whom the compensation would otherwise by payable, falsely represented himself in writing to such employer as not having previously been disabled, laid off, or compensated in damages or otherwise, because of such disease. False Representation by Employee 114-805. Aggravation of Disease .Where an occupational disease is aggravated by any other disease or infirmity not itself compensable or where disability or death from any other cause not itself compensable is aggravated, prolonged, accelerated, or in any other wise contributed to by an occupational disease, the compensation payable shall be reduced and limited to such proportion only of the compensation that would be payable if the occupational disease were the sole cause of the disability or death as such occupation disease, as the causative factor, bears to all the causes of such disability or death, such reduction in compensation to be affected by reducing the number of weekly payments or the amounts of such payments as in the circumstances of the particular case may be determined by the State Board of Workmen's Compensation. Aggravation of Disease 114-806. When Relationship Arises after Disability .No compensation for death from an occupational disease shall be payable to any person whose relationship to the deceased, which under the provisions of the Workmen's Compensation Law would give a right to compensation,arose subsequent to the beginning of the first compensable disability, save only to afterborn children of a marriage existing at the beginning of such a disability. Relationship 114-807. Partial Industrial Handicaps Payable .The

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provisions of Section 114-406 of the Code of Georgia of 1933 with reference to permanent partial industrial handicaps shall apply in the case of an occupational disease, save and except that there shall be no compensation due or payable for the partial loss of, or for partial loss of use of, a member or, for partial loss of vision of an eye, as now provided in said Section. Partial Industrial Handicaps 114-808. Antecedent Exposure, Chapter not Applicable .This Chapter shall not apply to cases of occupational disease in which the last injurious exposure to the hazards of such disease occurred before this Chapter shall have taken effect. Inapplicable to Antecedent Exposure 114-809. The Employer Liable Hereunder .Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease and the insurance carrier, if any, on the risk when such employee was last so exposed under such employer, shall alone be liable therefor, without right of contribution from any prior employer or insurance carrier; the amount of the compensation shall be based upon the average weekly wages of the employee, as defined by the Workmen's Compensation Law, the date when last so exposed under such employer being deemed to be the date of the injury for the purpose of determining the average weekly wage; and the notice of injury and claim for compensation, as required by Section 114-303 of the Code of Georgia of 1933, et seq., shall be given and made to such employer; provided, however, that in case of silicosis or asbestosis, the only employer and insurance carrier liable, if any, shall be the last employer in whose employment the employee was last injuriously exposed to the hazards of the disease on each of at least sixty days or more and the insurance carrier, if any, on the risk when the employee was last so exposed under such employer. Liability of Employer 114-810. Applicability of Other Sections of Workmen's Compensation Law .All of the provisions of the existing law of Georgia known as Workmen's Compensation

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Law shall be applicable to this Chapter, unless otherwise herein provided or inconsistent therewith. Other Provisions Applicable 114-811. Exclusiveness of Remedy .Whenever an employer and employee are subject to the provisions of the Workmen's Compensation Law of Georgia, the liability of the employer under this Chapter shall be exclusive and in place of any and all other civil liability whatsoever at common law or otherwise to such employee or his personal representative, next of kin, spouse, parents, guardian or any others, on account of disability or death from any disease or injury to health as defined in this Chapter in any way incurred by such employee in the course of or because of his employment. An employee who suffers disablement or death from any disease or injury not listed in Section 114-803 of this Chapter, shall not be deprived of any common law rights under existing laws. Exclusiveness of Remedy 114-812. Definition of silicosis and asbestosis .(a) (a) Whenever used in this Chapter, silicosis shall mean a disease of the lungs caused by breathing silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and demonstrated by X-ray examination or by autopsy. Definitions (b) Wherever used in this Chapter Asbestosis shall mean a disease of the lungs, caused by breathing asbestos dust, characterized anatomically by generalized fibrotic changes in the lungs, demonstrated by X-ray examination or by autopsy. 114-813. Meaning of Disablement from Silicosis or Asbestosis .In the case of silicosis or asbestosis, disablement means the event of an employee becoming actually incapacitated because of silicosis or asbestosis from performing his work in the last occupation in which injuriously exposed to the hazards of silicosis or asbestosis, or from performing any work in any other occupation for remuneration. Remuneration for work performed in any other occupation as herein used shall mean remuneration which equals or exceeds 33 1/3%

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of the average weekly wages of the employee at the time of last injurious exposure, determined as defined in the Workmen's Compensation Law, or $20.00 per week, whichever is lesser. Disability means the state of being so totally incapacitated. Meaning of Disablement 114-814. Presumption of Disability or Death from Silicosis or Asbestosis .In the absence of a clear preponderance of evidence in favor of the claimant, disability or death from silicosis or asbestosis shall be presumed not to be due to the nature of any occupation within the provisions of this Chapter unless during the ten years immediately preceding the date of the disablement, the employee has been exposed to th inhalation of free silica dust (silicon dioxide) or asbestos dust over a period of not less than five years, two years of which shall have been in this state under employment existing in this state; provided, however, that if the employee shall have been employed by the same employer during the whole of said five-year period, his right of compensation against such employer shall not be affected by the fact that he has been employed during any part of such period outside of this state. As used in this Section, the word year shall be construed to mean at least 200 days of exposure by such employee in any twelve months' period. Presumption 114-815. Transitory Period for Silicosis or Asbestosis .During the transitory period the aggregate compensation payable to employees or their dependents for disability or death from silicosis or asbestosis shall be limited as follows. Compensation During Transitory Period If disablement occurs, or, in case of no claim for prior disablement, if death occurs, in the calendar month in which this Chapter becomes effective, the total compensation and death benefits payable shall not exceed the sum of $500.00. If disablement occurs, or in case of no claim for prior disablement, if death occurs during the next calendar month, the total compensation and death benefits payable shall not exceed the sum of $550.00.

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Thereafter, the miximum amount of compensation and death benefits payable for disability or death shall increase at the rate of $50.00 per month, the aggregate payable in each case to be limited to the foregoing formula for the month in which disability occurs or, in case of no claim for prior disablement, in which death occurs; provided, however that the maximum amount of compensation payable hereunder shall be as provided for total incapacity by Section 114-404 of the Code of Georgia of 1933, as amended, or, in case of permanent partial industrial handicap, as provided in Section 114-406 of the Code of Georgia of 1933 as herein limited, or in the event of death, by Section 114-413 of the Code of Georgia of 1933, as amended. 114-816. Examination of New Employees .The State Board of Workmen's Compensation shall, within 30 days after this Act becomes effective, designate by order the specific occupations found subject to exposure to the hazards of silicosis or asbestosis and shall notify the employers of the employees then engaged in such occupations of the necessity of compulsory examinations as hereinafter set forth, provided, that in the case of the commencement of a new business engaged in such hazardous occupation, the employer will, in like manner, be notified within 30 days after the commencement of business. Thereafter, except as otherwise provided herein, it shall be the duty of every employer in the conduct of whose business his employees or any of them are subjected to the hazards of silicosis or asbestosis, to provide prior to employment, or within 30 days after being employed, a necessary medical examination by a competent physician of all new or prospective employees who will be exposed to such hazards, whether they be employees being employed for the first time or reemployed after exposure (known to the employer) in the employ of another employer, for the purpose of ascertaining if they are in any degree affected by silicosis or asbestosis. The refusal of an employee to submit to any such examination shall bar such employee

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from compensation or other benefits provided by this Chapter in the event of disablement or death resulting from exposure to the hazards of silicosis or asbestosis subsequent to such refusal. The failure of an employer to provide for any such examination when so ordered by the State Board of Workmen's Compensation shall constitute a misdemeanor and shall be punishable as such. The failure of the State Board of Workmen's Compensation to notify any employer as above provided, shall not be deemed to relieve the employer of any liability under this Chapter. New Employees 114-817. Waiver of Compensation for Aggravation of Condition by Silicosis or Asbestosis .Where an employee, or prospective employee, though not actually disabled, is found to be affected by silicosis or asbestosis, he may, subject to the approval of the Medical Board, be permitted to waive in writing full compensation for any aggragation of his condition that may result from his continuing in his hazardous occupation. In the event of total disablement or death as a result of the disease with which the employee was so affected after such a waiver, compensation shall nevertheless be payable as herein provided, but in no case, whether for disability or death or both, for longer than 100 weeks or to exceed $2,000.00 in the aggregate. The waiver so permitted shall remain effective for the trade, occupation, process or employment for which executed, notwithstanding a change or changes of employer. Where such waiver has once been entered and filed with the State Board of Workmen's Compensation, the Board may in its discretion waive any further examination in case of change of employment. The State Board of Workmen's Compensation shall make reasonable rules and regulations relative to the form, execution, filing and registration for public inspection of waivers or records thereof. Waiver of Compensation 114-818. Autopsy on Death from Occupational Disease .Upon the filing of a claim for compensation for death from an occupational disease where an autopsy is necessary

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accurately and scientifically to ascertain or determine the cause of death, such autopsy shall be ordered by the Medical Board. A member of such Medical Board may perform such autopsy or said Medical Board may specify and designate a licensed physician, who is a specialist in such examinations, to perform or attend such autopsy and certify his findings thereon. All parties at interest to such claim shall be notified of the time and place of such autopsy and shall have the right to have his own physician present thereat. Such findings shall be filed with said Board of Workmen's Compensation and the Medical Board, and shall become a part of the record in such case. In the event no claim has been filed, the State Board of Workmen's Compensation may exercise such authority on its own motion or on application made at any time, upon presentation of facts showing that a controversy may arise in regard to the cause of death or the existence of any occupational disease. The State Board of Workmen's Compensation is authorized to charge the expense of any such autopsy against the party requesting the same. Autopsy 114-819. Investigation by Medical Board .In any claim for compensation for an occupational disease where medical question shall be in controversy, the State Board of Workmen's Compensation shall refer the case to the Medical Board for investigation and report No award shall be made in such case until the Medical Board shall have duly investigated the case and made its report with respect to all medical questions at issue. The date of disablement, if in dispute, shall be deemed a medical question. Investigation by Medical Board 114-820. Hearing by Medical Board .The Medical Board, upon reference to it of a claim for compensation for an occupational disease, shall notify the claimant or claimants and the employer and insurance carrier, if any, to appear before the Medical Board at a time and place stated in the notice, and shall examine the employee. If the employee be living, he shall appear before the Medical Board at the time and place specified,

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then or thereafter to submit to such examinations, including clinical and X-ray examinations, as the Medical Board may require. The claimant and his employer or insurance carrier shall each be entitled to be present and at his own expense to have present at all examinations conducted by the Medical Board of physicians admitted to practice medicine in the State who shall be given every reasonable facility for participating in every such examination. If a physician admitted to practice medicine in the State shall certify that the employee is physically unable to appear at the time and place designated by the Medical Board, such Board may, on notice to the parties, change the place and time of examination to such other place and time as may reasonably facilitate the examination of the employee. Proceedings shall be suspended and no compensation shall be payable for any period during which the employee may fail or refuse to submit to such an examination. Hearing 114-821. Report of Medical Board .The Medical Board shall, as soon as practicable after it has completed its consideration of the case, report in writing its findings and conclusions on every medical question in controversy and file the same with the State Board of Workmen's Compensation. If the date of disablement is controverted and cannot be fixed scientifically, the Medical Board shall fix the most probable date, having regard to all the circumstances of the case. Report 114-822. Medical Board .There is hereby created and constituted a Medical Board to pass on controversial medical questions in claims for compensation growing out of death or disability on account of occupational diseases. Such Medical Board shall be appointed by the Governor in the following manner: As soon as practicable after the passage of this Act, the Medical Association of Georgia, under procedure prescribed by it, shall nominate to the Governor the names of ten physicians licensed and qualified to practice medicine in the State of Georgia, with particular reference to their

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training annd experience in the fields of internal medicine, roentgenology, diseases of the chest, pathology, diseases of the skin, and toxicology. The members of said Medical Board so nominated shall be appointed as nearly as is practicable from different geographical sections of the State. From said list so nominated for the organization of said Medical Board, the Governor shall select five physicians to compose said Board. One of said members shall be designated by the Governor to act as Chairman. Such members of the Board shall be appointed for terms of one, two, three, four and five years, and thereafter, their successors shall be appointed for terms of two years each. The members of said Board shall meet at the call of the Chairman at a place to be designated by him. The State Board of Workmen's Compensation shall be authorized to expend for the proper performance of the duties of said Medical Board such sums as may be deemed necessary in order to effectuate the purposes of said Board, and while actually engaged in the performance of their duties the members of that Board shall be paid their reasonable and necessary traveling expenses incurred in line of duty and a compensation to be fixed by the State Board of Workmen's Compensation on a scale not to exceed $50.00 per day. Creation of Medical Board The functions of said Board shall be as set forth in this Chapter, and it shall be authorized to hear and determine controversial issues of medical facts arising from claims for compensation growing out of occupational diseases. As and when vacancies occur upon said Board by death, disability, resignation or experation of term of office, the Medical Association of Georgia shall nominate to the Governor at least two physicians for each vacancy as herein set forth, and the Governor shall appoint from the list so furnished the member or members to fill the existing vacancy or vacancies. In the event that the said Medical Association of Georgia should fail and refuse after a reasonable time to nominate to the Governor the members of said Board

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as originally to be appointed or for any vacancy (the Governor being the judge of what constitutes a reasonable time hereunder), the State Board of Workmen's Compensation shall have the authority to nominate to the Governor the members of said Board in the same manner as herein set forth for nominations by the Medical Association of Georgia. 114-823. Procedure before Medical Board .The said Medical Board shall have the authority to make reasonable rules and regulations for the examinations of claimants and autopsies as provided in this Chapter. Any examination by said Medical Board shall be held as soon as practicable after the same has been referred to it by the State Board of Workmen's Compensation. Said Medical Board shall set a date for the examination and shall notify the partiies at issue of the time and place of such examination. The examination 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 said Medical Board, except that if the facilities for such examination in the county where the injury occurred are not considered by the Medical Board to be adequate, the examination may be held in any other county in the State which will, in the discretion of said Medical Board, be the most convenient for such examination. If the injury occurred without this State and is one for which compensation is payable under the Workmen's Compensation Law, then the examination shall be held in the county of the employer's residence or place of business or any other county in the State which will, in the discretion of said Medical Board, be the most convenient for such examination. Procedure Said Medical Board shall provide that one of its members examine the claimant and hear medical evidence as to the condition of the employee, as provided in this Chapter and under the provisions thereof, and report such findings to the Medical Board, which Medical Board shall consider the evidence, including X-rays and testimony of other physicians or witnesses, and

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make and file its report to the State Board of Workmen's Compensation as herein provided. Any three members of said Medical Board may determine and render a decision in any case under the provisions of this Chapter, and in all meetings of the Board a quorum shall consist of any three members of said Board, who shall be authorized to transact any business under this Chapter. Said report shall contain the evidence introduced and considered before said Medical Board and the member thereof who heard said matter, together with any and all medical reports, X-rays and examinations produced by or on behalf of the employee or claimant or employer, and the conclusions and findings of said Medical Board. The State Board of Workmen's Compensation shall have full authority, as and when said report is filed with it by the Medical Board, to examine the members of said Medical Board or any of them participating in said decision as to the correctness of such findings, which said examination shall be a part of the final report of said Medical Board. As soon as practicable after said report is filed by the Medical Board with the State Board of Workmen's Compensation, said State Board of Workmen's Compensation shall send one copy of said report to the employee or claimant and one copy each to the employer and his insurance carrier, if any. Either party to the dispute may, within thirty days from the date the final report or decision of said Medical Board is so mailed, but not thereafter, appeal from the decision of such Medical Board in the following manner, viz: The party conceiving himself to be aggrieved may file in writing with said Medical Board an appeal fro mthe findings or decision of said Medical Boar,d, stating generally the grounds thereof and why such aggrieved party believes the decision of said Medical Board was erroneous. Said appeal may set out in affidavit form additional medical evidence. Said aggrieved party in said appeal may further propound to the members of said Medical Board or any of them, or to any of the physicians who testified at said original

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examination, questions pertaining to medical evidence, and the said Medical Board shall see that the said interrogatories so propounded are answered under oath and made a part of the final decision on said appeal unless relieved from answering by a decision of the State Board of Workmen's Compensation; or said aggrieved party in said appeal, on proper notice and request to said Medical Board, may, in like manner orally examine the members of said Board or any of them at such time and place as may be designated by said Medical Board. Said Medical Board shall have the right in its discretion, upon such appeal, to reassign said matter for another or additional examination, or for the taking of such additional evidence as in its discretion it may deem proper. The Medical Board shall, as soon as practicable, consider said appeal and render in writing its findings and conclusions thereon and file the same with the State Board of Workmen's Compensation. A copy of said findings and conclusions on said appeal shall be mailed by the State Board of Workmen's Compensation to the employee or claimant, the employer and his insurance carrier, if any. Said report of the Medical Board upon such original examination or upon appeal, as hereinbefore provided, shall become a part of the record in the case and shall be accepted by the State Board of Workmen's Compensation as conclusive upon the medical questions therein decided, and the award thereafter made by the State Board of Workmen's Compensation shall conform to the findings and conclusions in said report insofar as restricted to medical questions, provided, however, that upon a review by the State Board of Workmen's Compensation as provided in Section 114-708 of the Code of Georgia of 1933 or upon an appeal by an aggrieved party from the final decision of the Board, as provided in Section 114-710 of the Code of Georgia of 1933, such aggrieved party shall have the right, as grounds for showing that said award of the State Board of Workmen's Compensation was erroneous, to except to the

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decision of said Medical Board upon said medical questions upon the ground that said Medical Board acted without or in excess of its powers, the findings of said Medical Board were procured by fraud, the facts found by the Medical Board did not support the decision of said Board, that there was not sufficient competent evidence in the record to warrant the Medical Board in making the decision complained of, or that the decision of the Medical Board was contrary to law. 114-824. Medical Expenses .Any claimant or employee who shall be entitled to compensation under the terms of this Chapter shall by entitled to medical, surgical, hospital and other treatment in an amount not to exceed $500.00, and shall in addition to any other compensation be entitled in the event of death to burial expenses not to exceed the sum of $100.00. The provisions of sub-section (a) of Section 114-413 of the Code of Georgia of 1933 shall not be applicable in occupational disease cases. Medical Expenses 114-825. When Chapter Becomes Effective .The provisions of this Chapter shall become effective three months from the date of the approval of this Act by the Governor. Effective Date 114-826 Expenses under this Chapter, how Payable The total expenses of the State Board of Workmen's Compensation, including the expenses of the Medical Board as herein provided, for the administration, operation and proper functioning of the Board under this Chapter, shall be a proper charge under Section 114-717 of the Code of Georgia of 1933 and shall be payable as provided in said Section. Expenses 114-827. Reports to State Board of Health .It shall be the duty of the State Board of Workmen's Compensation to report to the State Board of Health all occupations found to be hazardous and all cases of occupational disease which are filed in the office of the State Board of Workmen's Compensation. The forms for such reports shall be supplied to the State Board of

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Workmen's Compensation by the State Board of Health. Reports to State Board of Health Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 31, 1946.

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TITLE V GENERAL CIVIL AND PENAL LAWS ACTS Airport Zoning Act Annexation of Territory by Municipalities Civil Service Boards in Certain Cities County Recreational Centers Disposition of Fines in Certain Counties Drugs, Purchase by Poultry Dealers Fire Dept. Pensions in Certain Cities Fire Prevention in Certain Counties License for Distribution of Fire Works in Certain Counties Ordinary, Salary in Certain Counties Plea of Nolo Contendere Police Pensions in Certain Counties Poultry Industry Regulated Recreational Facilities in Certain Cities Recreational Facilities in Counties and Municipalities Redevelopment Law Rentals from Western and Atlantic Railroad Used for Ports Authority Salary of Sheriff in Certain Counties Salary of Sheriff, Superior Court Clerk, Tax Collector and Tax Receiver in Certain Counties Salary System Applied to Certain Officers in Certain Counties School Bonds in Certain Counties Seecretary of Coroner's Jury in Certain Counties Tax Receiver, Commission from Ad Valorem School Taxes in Certain Counties Unauthorized Practice of Law, Authority to Investigate Voting Machines in Certain Counties Zoning and Planning in Municipalities Zoning Regulations in Certain Counties AIRPORT ZONING ACT No. 558 An Act To empower and direct municipalities and other political subdivisions to promulgate, administer, and enforce airport zoning regulations limiting the height of structures and objects of natural growth, and otherwise regulating the use of property, in the vicinity of airports; to authorize the acquistion, by purchase, grant or condemnation, of air rights and other interests in land; and to provide penalties and remedies for violations of this Act or of any ordinance or regulation made under the authority conferred herein, 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. Definitions . As used in this Act, unless the context otherwise requires: (1) Airport means any publicly-owned area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes. Definitions (2) Airport hazard means any overhead power line which interferes with radio communication between a publicly-owned aircraft approaching or leaving same, or any structure or tree which obstructs the aerial approaches of such an airport is or otherwise hazardous to its use for landing or taking off. (3) Political subdivision means any county or municipality of this State. (4) Person means any individual, firm, co-partnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. (5) Structure means any object constructed or installed by man, including, but without limitation, buildings, towers, smoke-stacks, and overhead transmission lines. (6) Tree means any object of natural growth. Section 2. Airport Hazards Not in Public Interest . It is hereby found and declared that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking-off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein, and is therefore not in the interest of the public health, public safety, or general welfare. Airport Hazards Section 3. Adoption of Airport Zoning Regulations (1) Every political subdivision may adopt, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport

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zoning regulations for any airport within its jurisdiction, which regulations shall divide the area surrounding the airport into zones, and, within such zones, specify the land uses permitted, and regulate and restrict the height to which structures and trees may be erected or allowed to grow. In adopting or revising any such zoning regulations, the political subdivision shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain, the height of existing structures and trees above the level of the airport, the possibility of lowering or removing existing obstructions, and the views of the agency of the Federal government charged with the fostering of civil aeronautics, as to the aerial approaches necessary to safe flying operations at the airport. Adoption of Regulations (2) In the event that a political subdivision has adopted, or hereafter adopts, a general zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations adopted for the same area or portion thereof under this Act, may be incorporated in and made a part of such general zoning regulations, and be administered and enforced in connection therewith, but such general zoning regulations shall not limit the effectiveness or scope of the regulations adopted under this Act. Matters Incorporated (3) Any two or more political subdivisions may agree, by ordinance duly adopted, to create a joint board and delegate to said board the powers herein conferred to promulgate, administer and enforce airport zoning regulations to protect the aerial approaches of any airport located within the corporate limits of any one or more of said political subdivisions. Such joint boards shall have as members two representatives appointed by the chief executive officer of each political subdivision participating in the creation of said board and a chairman elected by a majority of the members so appointed. Agreement by Subdivisions (4) The jurisdiction of each political subdivision is hereby extended to the promulgation, administering and enforcement of airport zoning regulations to protect the approaches of any airport which is owned by said political

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subdivision but located wholly or partially outside the corporation limits of said political subdivision. In case of conflict with any airport zoning or other regulations promulgated by any other political subdivision, the regulations adopted pursuant to this subsection shall prevail. Jurisdiction (5) All airport zoning regulations adopted under this Act shall be reasonable, and none shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any non-conforming use, except as provided in Section 4 (1). Reasonable Section 4. Permits and Variances . Where advisable to facilitate the enforcement of zoning regulations adopted pursuant to this Act, a system may be established by any political subdivision for the granting of permits to establish or construct new structures and other uses and to replace existing structures and other uses or make substantial changes therein or substantial repairs thereof. In any event, before any non-conforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing such replacement, change or repair. No such permit shall be granted that would allow the structure or tree in question to be made higher or become a greater hazard to air navigation that it was when the applicable regulation was adopted; and whenever the administrative agency determines that a non-conforming structure or tree has been abandoned or more than 80 percent torn down, destroyed, deteriorated, or decayed; (a) no permit shall be granted that would allow said structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations; and (b) whether application is made for a permit under this paragraph or not, the said agency may by appropriate action compel the owner of the non-conforming structure or tree, at his own expense, to lower, remove, reconstruct, or equip such object as may be necessary to conform to the regulations or, if the owner of

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the non-conforming structure or tree shall neglect or refuse to comply with such order for 10 days after notice thereof, the said agency may proceed to have the object so lowered, removed, reconstructed, or equipped and assess the cost and expense thereof upon the object of the land whereon it is or was located. Unless such an assessment is paid within 90 days from the service of notice thereof on the agent or owner of such object of land, the sum shall bear interest at the rate of 7 percent per annum until paid, and shall be collected in the same manner as are general taxes. Except as indicated, all applications for permits for replacement, change or repair of non-conforming uses shall be granted. Permits (2) Variances . Any person desiring to erect any structures, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property, in violation of airport zoning regulations adopted under this Act, may apply to the Board of Adjustments, as provided in Section 5 (3), for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but to substantial justice and be in accordance with the spirit of the regulations and this Act. Variances (3) Obstruction Marking and Lighting . In granting any permit or variance under this Section, the administrative agency or Board of Adjustments may, if it deems such action advisable to effectuate the purposes of this act and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision at its own expense, to install, operate, and maintain suitable obstruction markers and obstruction lights thereon. Obstructions Section 5. Procedure (1) Adoption of Zoning Regulations . No airport zoning regulations shall be adopted, amended, or changed under this Act except by action of the legislative body of the political subdivision in question, of the joint board provided for in Section 3 (3), after a public hearing in relation

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thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the hearing shall be published in the official gazettes in the political subdivision or subdivisions in which the airport is located. Adoption (2) Administration of Zoning RegulationsAdministrative Agency . The legislative body of any political subdivision adopting airport zoning regulations under this Act may delegate the duty of administering and enforcing such regulations to any administrative agency under its jurisdiction, or may create a new administrative agency to [Illegible Text] such duty, but such administrative agency shall not be or include any member of the Board of Adjustments. The duties of such administrative agency shall include that of hearing and deciding all permits under Section 4 (1), but such agency shall not have or exercise any of the powers delegated to the Board of Adjustments. Administration Delegated (3) Administration of Airport Zoning Regulations Board of Adjustments Airport zoning regulations adopted under this Act shall provide for a Board of Adjustments to have and exercise the following powers: (a) To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of this Act or of any ordinance adopted pursuant thereto; (b) To hear and decide special exceptions to the terms of the ordinance upon which such Board may be required to pass under such ordinance; Board of Adjustments (c) To hear and decide specific variances under Section 4 (2). Where a zoning board of appeals or adjustment already exists, it may be appointed as the Board of Adjustments. Otherwise, the Board of Adjustments shall consist of five members, each to be appointed for a term of five years except that the first members shall be appointed for one, two, three, four, and five year terms, and to be removable for cause by the appointing authority upon written charges and after public hearing. The Board shall adopt rules in accordance with the provisions of any ordinance adopted under this Act. Meetings of the Board shall be held at the call of the chairman

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and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Board and shall be a public record. Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board, or bureau of the political subdivision affected by any decision of the administrative agency. An appeal must be taken within thirty days by filing with the agency from which the appeal is taken and with the Board, a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. Appeals An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the Board, after the notice of appeal has been filed with it, that by reason of the fact stated in the certificates a stay would, in its opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record on due cause shown. The Board shall fix a reasonable time for the hearing of the appeal, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. Hearing The Board may, in conformity with the provisions of this Act, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from any may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative agency

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from which the appeal is taken. Power of Board on Appeals The concurring vote of a majority of the members of the Board shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance. Section 6. Judicial Review . (1) Any person aggrieved by any decision of the Board of Adjustments, or any taxpayer, or any officer, department, board, or bureau of the political subdivision, may present to the Superior Court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the decision is filed in the office of the Board. Judicial Review (2) Upon presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustments to review such decision of the Board. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a supersedeas. (3) The Board of Adjustments shall not be acquired to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. (4) The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review, in whole or in part, and if need be, to order further proceedings by the Board of Adjustments. The findings of fact by the Board, if supported by evidence, shall be accepted by the court as conclusive, and no objection to a decision of the Board shall be considered by the Court unless such objection shall have been urged before the Board, or if it was not so urged, unless there were reasonable grounds for failure to do so. Exclusive Jurisdiction

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Section 7. Enforcement and Remedies . Each violation of this Act or of any regulations order, or ruling promulgated or made pursuant to this Act, shall constitute a misdemeanor and the offender shall be punished as for a misdemeanor by any court of the county having jurisdiction to try misdemeanors. Each day a violation continues to exist shall constitute a separate offense. In addition, the political subdivision or agency adopting zoning regulations under this Act may institute in any court of competent jurisdiction, on action to prevent, restrain, correct or abate any violation of this Act, or of airport zoning regulations adopted under this Act, or of any order or ruling made in connection with their administration or enforcement, and the court shall judge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of this Act and of the regulations adopted and orders and rulings made pursuant thereto. Enforcement Section 8. Acquisition of Air Rights . In any case in which; (1) it is desired to remove, lower, or otherwise terminate a non-conforming use; or (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this Act; or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the political subdivision within which the property or non-conforming use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such an air right, easement, or other estate or interest in the property or non-conforming use in question as may be necessary to effectuate the purpose of this Act. Acquisition of Air Rights Section 9. 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 provision

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or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. Invalidity of Part Section 10. Short Title . This Ac tshall be known and may be cited as the Airport Zoning Act. Short Title Section 11. Repeal . All acts or parts of acts which are inconsistent with the provisions o fthis Act are hereby repealed. Approved January 31, 1946. ANNEXATION OF TERRITORY BY MUNICIPALITIES No. 579 An Act To authorize municipalities to, by ordinance annex territory to be included within its limits upon the unanimous application in writing of the owners of the land affected, and to provide the manner in which such annexation may be made, and to provide for copies of surveys of the annexed territory to be filed with the Secretary 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 on and after the passage and approval of this Act, it shall be lawful for any municipality within the State by ordinance of the duly constituted authorities thereof to annex to the existing corporate limits thereof unincorporated lands adpoining the existing corporate limits at the time of such annexation, upon the written and signed applications of all of the owners of all of the land proposed to be annexed containing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipality when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, annexed to the municipality, a

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complete survey by a competent surveyor, not necessarily a county surveyor, shall be filed as a part of the ordinance annexing the territory and a copy certified to by the clerk or similar official of the municipality shall be filed with the Secretary of State of the State of Georgia When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipality as completely and fully as if the limits had been marked and defined by special act of the General Assembly. None of the provisions of this Act shall be operative in Counties of this State which have situated either wholly or partly within their boundaries a city of a population of more than 200,000 according to the 1940 United States census or any future census. Power to Annex Not Operative in Certain Counties Section 2. This Act shall not apply in cases of cities having a population of 50,000 or more according to the 1940 census or any future census. Not Applied to Certain Cities Section 3. All laws and parts of laws in conflict with the foregoing are hereby repealed. Approved January 31, 1946. CIVIL SERVICE BOARDS IN CERTAIN CITIES No. 543 An Act To amend an Act entitled An Act to create a Civil Service Board in the cities in the State of Georgia, having a population in excess of 200,000 people; to provide a civil service system based upon examination and investigation as to merit, efficiency and fitness for appointment, employment and promotion of all officers and men appointed in said Fire Department in the respective cities; to regulate the transfer, reinstatement, suspension and discharge of said officers and firemen; and for other purposes (Georgia Laws 1937, Pages 594, Et. Seq.) as amended, be and the same is further amended so as to provide that when any member of said department reaches the age of sixty-five (65) years he shall retire and shall not further have any protection under said Act, and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Ga. L. 1937 p. p. 594, et seq. Amended Section 1. That the Act described in the caption hereof be and the same is further amended by adding the following provisions: When any member of said Department reaches the age of sixty-five (65) years, he shall be retired and thereafter shall not enjoy the protection and benefits provided by said Act. This provision shall be effective on and after December 31, 1946. Retirement at 65 Years Section 2. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed, inso far as they conflict with the provisions of this Act. Approved January 31, 1946. COUNTY RECREATIONAL CENTERS No. 477 An Act to authorize, permit and allow, the Commissioner of Roads and Revenue, or other governing authority, of any County within the State of Georgia, having a population of not less than seven thousand, seven hundred nineteen nor more than seven thousand seven hundred twenty-nine according to the official census of 1940 to participate in and to assist in the construction and building of recreational centers, playgrounds, swimming pools, and other recreational facilities, with county funds, machinery, equipment and labor, 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 Commissioner of Roads and Revenue or other governing authority of any County within the State of Georgia, having a population of not less than seven thousand seven hundred nineteen or more than seven thousand seven hundred twenty-nine according to the Federal or National Census of 1940, desiring to participate in and assist in the construction and building of a recreational

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center, playgrounds, swimming pools, and or other recreational facilities for the benefit of its citizens and authorized, permitted and allowed to participate in and assist in such building and construction, in addition to such authority as such commissioner or other governing authority now has by law as follows: Certain Counties Stipulated Upon affirmative action (vote) by said commissioner or other governing authority, they may, should they deem proper and so desire, pay over to such elcemoosenary, fraternal or civic organization, sponsoring such building and construction, from the County (public) funds, a sum not to exceed five thousand ($5000.00) Dollars, provided only that said sum shall have been at least equally matched by the sponsoring organization, or with funds raised or received by it from other sources. Vote by Governing Authority Section 2. A condition precedent to said donation, contribution or payment, by said Commissioner or other governing authority, shall be pledge by the head of the organization sponsoring the project, to the effect that such project will not be operated for pecuniary gain to the sponsoring organization or to any other person, (except that charges for use, sufficient to operate and maintain the project, may be made.) Pledge of No Pecuniary Gain Section 3. The Commissioner or other governing authority of such county or counties, may make said donation or payment from the general fund or any other available fund, or a loan therefor may be negotiated and made, to be repaid from taxes levied for the purpose. Donations Section 4. Should a loan be deemed necessary or advisable by said Commissioner or other governing authority, to raise such funds as are desired to be donated, contributed or paid hereunder, said Commissioner or other governing authority are hereby authorized and empowered to levy and cause to be collected, a special or additional advalorem tax on the taxable property within said County, to the taxes now levied and collected, said levy to be in such millage or amount as will be sufficient to repay said loan, with such interest as may accumpulate there, the levying and collecting of said special or additional advalorem tax, may at

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the discretion of said governing authority, be spread over or pro-rated over a period of not exceeding five (5) years. Loans Section 5. The Commissioner or other governing authority, aforesaid, of any County as provided herein, is hereby authorized, permitted and allowed to use, let be used in the building and construction of such recreational center, playgrounds, swimming pools, and or other recreational facilities, such machinery, equipment and labor, belonging to such county, as such governing authority may deem proper. County Equipment Section 6. All laws or parts of laws in conflict herewith are hereby repealed. Approved January 30, 1946. DISPOSITION OF FINES IN CERTAIN COUNTIES No. 486 An Act to provide for the disposition and application of fines and forfeitures arising in criminal cases in the Superior Courts and Ordinaries Traffic Courts in Counties of this State having by the United States Census of 1940 and any future United States Census taken, a population of not less than 8530 and not more than 8540; to provide for the payment therefrom of fees and costs due certain officers in the cases out of which such fines and forfeitures arise; to provide for the payment of the fees and costs provided by law for the Solicitor-General into the County Treasuries of such counties until the amount so paid into the County Treasury equals the salary paid by any such County to the Solicitor-General; to provide for the payment of the balance of such fines and forfeitures to the Clerks of the Superior Courts and the Sheriffs of such counties in equal parts; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same. Section 1. That in all Counties of this State having a population according to the United States Census of 1940

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and any future United States Census taken, of not less than 8530 and not more than 8540, all fines and forfeitures arising in criminal cases in the Superior Courts and in the Ordinaries Traffic Courts of such Counties shall be applied and paid out as follows: Certain Counties Specified 1st. The fees and costs due the respective officers, including Justices of the Peace, Notaries Public and Constables, but excluding the fees and costs provided by law for the Solicitors-General, in the case out of which such fine or forfeiture arises, shall be first paid to the officers to whom due. Priority of Payment 2nd. The fees and costs provided by law for the Solicitor- General in such cases out of which said fine or forfeiture arises, shall be next paid into the County Treasury of such County until the amount so paid to such County equals the salary paid by such County to the Solicitor-General. 3rd. Thereafter, all the balance of the fines and forfeitures arising in criminal cases from said courts in such counties shall be paid one-half to the Clerks of the Superior Courts and one-half to the Sheriffs of such counties, respectively. 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, 1946. DRUGS, PURCHASE BY POULTRY DEALERS No. 578 An Act To provide for purchase and use of sulfa-quanadine and sulfa-thiozol in the treatment of poultry in this State by recognized poultry flock owners, and dealers in poultry supplies, 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 and and after the passage of this Act, it shall be lawful in this state for any recognized poultry

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flock owners to buy and use Sulfa-quanadine and Sulfa-Thiozol in original packages in powdered form only on his own requirements in the treatment of poultry diseases, or for dealers in poultry supplies to buy and sell same. Purchase by Flock Owners Section 2. No person, firm, or corporation in this State shall sell or offer for sale Sulfa-quanadine or Sulfa-Thiozol for use as outlined in Section One except that same shall be plainly labeled the words for poultry only. Label Required All law and parts of laws in conflict herewith be, and the same are hereby repealed. Approved January 31, 1946. FIRE DEPT. PENSIONS IN CERTAIN CITIES No. 530 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 several acts amendatory thereof so as tto provide a definite credit towards retirement for time served in the armed forces of the United States and to permit such members 36 months within which to pay up any amount due to such pension fund under existing laws; to provide for a pension to the widow of any member upon the death of such member in line of duty and to provide where the member retires by reason of length of service the widow shall not be eligible to receive the pension benefits of the deceased pensioner unless she married such pensioner at last five years before he retires; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act approved August 13, 1924 (Acts 1924, Page 167) entitled An Act to provide that cities having a population

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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 several Acts amendatory thereof be and the same is hereby further amended as follows: Ga. L. 1924, P167 Amended Section 1. Upon the death of any member in line of duty, his widow, if any, shall be paid during the rest of her life or until she remarries the same pension and upon the same conditions set forth in the amendment to the above stated law approved March 9, 1945, (Acts 1945, Page 1080, 1082) as specifically set forth in the last paragraph of Section 5A as provided therein. Payment to Widow Section 2. Said Act as amended by the Act approved March 9, 1945 (Acts 1945, Page 1080, 1085) is further amended by striking the last sentence in Section 9 as amended as follows: Provided, however, where the member retires by reareason 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; and substituting in lieu thereof the following sentence: Act 1945, P1080-1085 Amended 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 actually retires. To read Section 3. Said Act is further amended by adding the following provisions: All members of the Fire Department who are on approved military leave from active service and employment, may receive 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 had been granted to one on military leave. Said contribution shall be paid within 36 months after re-assignment to active duty. No credit

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will be allowed to any member who voluntarily re-enlists in the militiary service after the end of his said leave for the period of re-enlistment unless he be granted an additional military leave by the proper authority. Credit to Members on Military Leave Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 31, 1946. FIRE PREVENTION IN CERTAIN COUNTIES No. 554 An Act To authorize the authorities of any County having a population of 200,000 or more by the last United States census, or any future United States Census, to adopt regulations for the prevention of fire and the protection of property and lives against loss by fire in unincorporated areas; to provide that such authorities may restrict the type of building to be erected within certain areas; to regulate the storage of inflammable materials and explosives in unincorpoorated areas; to provide penalties for violation of said regulations; and for other purposes: Section 1. Be it enacted by the General Assembly of Georgia, and is it hereby enacted by the authority of same, that the governing authorities of all counties in Georgia having a population of 200,000 or more by the last United States Census, or any future United States Census, shall have the authority to adopt regulations for fire prevention and for the protection of property and lives against loss by fire in unincorporated areas. Certain Counties Specified Section 2. Be it further enacted by the authority aforesaid that the governing authorities of such counties may lay out and define zones in unincorporated areas, and regulate the type of construction and the materials with which buildings may be constructed in said zones, which regulations may vary between one zone and another. Zones Section 3. Be it further enacted by the authority aforesaid that the governing authorities of such counties shall have the right to adopt rules for the regulation of storage

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of inflammable materials and explosives in the unincorporated areas of said counties and to provide standards for fire prevention and protection in said areas. Storage of Inflammable Materials Section 4. Be it further enacted by the authority aforesaid that the governing authorities of such counties are further authorized to appoint a fire marshal or fire inspector to enforce rules enacted for fire prevention and protection of lives and property against fires. Such officer, when appointed, shall have police powers, shall serve under Civil Service regulations, and be especially qualified for the duties which he is to perform; provided, however, the duties of fire marshal may be combined with other duties, in which event the requirement that the appointee shall serve under Civil Service may be waived where the other duties of such appointee are such that the rules of Civil Service are not applicable. Fire Marshal Section 5. Be it further enacted by the authority aforesaid that the violation of any rules adopted and spread upon the minutes of the governing authorities of such county, in conformity with the foregoing provisions shall be a misdemeanor punishable as prescribed by general law for misdemeanors. Penalties Section 6. 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 January 31, 1946. LICENSE FOR DISTRIBUTION OF FIREWORKS IN CERTAIN COUNTIES No. 487 An Act to provide that in every county in the State of Georgia having a population of not less than 86,000 and not more than 90,000 according to the census of the United States for the year 1940, or according to any future census of the United States no person, firm or corporation shall sell at either wholesale or retail, give away or distribute any fire works in said county without first

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having obtained a license to sell or distribute fire works from the Commissioner of Roads and Revenues of such county, or other governing body of said county; to confer authority on the Commissioner of Roads and Revenues, or other governing body of said county, to grant, renew, refuse and revoke such licenses, and to make rules and regulations governing the enjoyment of the same as they may deem proper for the public good and the public safety; to confer authority on the Commissioner of Roads and Revenues, or other governing body of said county, to levy a license or occupational tax on such persons, firms or corporations included within the provisions of this act, and to provide punishment for violations of this act; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act no person, firm or corporation shall sell at either retail or wholesale, give away or distribute, any fire works outside the limit of incorporated towns or cities in any County in this State having a population of not less than 86,000 and not more than 90,000, according to the 1940 census of the United States, or any future United States census, without first having obtained a license so to do from the Commissioner of Roads and Revenues of such County, or other authority in charge of such Counties. Certain Counties Specified Section2. Such Commissioner of Roads and Revenues or other authority in charge of said Counties shall have the authority to grant, renew, refuse and revoke such licenses, and shall have the authority to issue the same subject to and upon such terms, conditions rules and regulations as they may deem proper for the public safety and the public good. Authority of Commissioner Section 3. Such Commissioner of Roads and Revenues; or other authority in charge of said Counties, shall have authority to levy a license or accupational tax on all persons, firms or corporations included within the provisions

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of this Act, the payment of which shall be condition precedent to the granting of such license. License or Tax Section 4. Any person, firm or corporation selling, giving away or distributing fire works without having a license as provided in this Act shall be guilty of a misdemeanor. Penalties Section 5. Be it further enacted that all laws and parts of laws in conflict with this measure be and the same are hereby repealed. Approved January 30, 1946. ORDINARY, SALARY IN CERTAIN COUNTIES No. 559 An Act to authorize and direct the Commissioner or Commissioners of Roads and Revenues 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 300,000 according to the Federal Census of 1940, or any future Federal Census, to pay to the Ordinary in each such County a salary of $9,000.00 per annum. 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 Commissioner or Commissioners of Roads and Revenues or other authority having control of the expenditure of County funds in all counties of the State of Georgia, having a population of not less than 300,000 by the Federal Census of 1940, or any future Federal Census, is authorized and directed to pay to the Ordinary in each such County an annual salary of $9,000.00 payable in equal monthly installments. Certain Counties Specified Section 2. Be it further enacted that this Act shall become effective immediately upon its passage and approval. Effective Date Section 3. All laws and parts of laws in conflict with the

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provisions of this Act are hereby repealed. Approved January 31, 1946. PLEA OF NOLO CONTENDERE No. 631 An Act To provide that a plea of Nolo Contendere may be entered in all criminal cases, whether misdemeanor or felony, in the Courts of this State having jurisdiction thereof, and to provide for the effect of such plea; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That from and after the passage of this Act, the defendant in all criminal cases other than capital felonies, in any court of this State, whether the offense charged shall be a felony or a misdemeanor, may, with the consent and approval of the Judge of said court, enter a plea of nolo contendere instead of a plea of guilty or not guilty. Approval of Judge Section 2. Should said Judge allow said plea of nolo contendere to be entered, he shall thereupon be authorized to impose such sentence as may be authorized by statute as to the offense charged, with the right to reduce the punishment in all cases of felonies which are reducable to a misdemeanor, and to impose such sentence as may be applicable to such offense under the statutes of this State. Sentence Section 3. Such plea of nolo contendere shall not be used against the defendant in any other court or proceedings as an admission of guilt, or otherwise, or for any purpose, and such plea shall not be deemed a plea of guilty for the purpose of effecting any civil disqualification of the defendant to hold public office, to vote, to serve upon any jury, or any other civil disqualification now imposed upon a person convicted of any offense under the laws of this State, and said plea shall be deemed and held to be jeopardy of the defendant within the meaning of

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Article I, Section I, Paragraph VIII of the Constitution of the State of Georgia after sentence has been imposed. Not Disqualification Jeopardy Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 1, 1946. POLICE PENSIONS IN CERTAIN COUNTIES No. 592 An Act to amend an act entitled, An Act to provide that counties having a population of more than two hundred thousand (200,000) by the united States Census of 1920 or any subsequent census shall furnish aid and relief and pensions to regular members of county police departments but not to supernumeraries, now in active service; and to future members and their dependents in specified cases. To provide that regular members of such county police departments who have served twenty-five (25) years may retire as a matter of right and how much 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

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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 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) and thereafter amended by an Act approved March 8, 1945 (Georgia Laws 1945, p. 1050), so as to provide on conditions and for purposes and to the extent herein named for the preservation of the service status of members of the Police and Fire Departments of such counties who entered the military or naval service of the United States; so as to provide a new period of time during which returning veterans and persons who have been on leave of absence may elect to obtain pension benefits and benefits for widows and minor children hereunder, and the terms, conditions and effect of such election, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the above entitled Act as heretofore amended be, and the same is, hereby further amended by adding thereto the following: Section 1. A new section to be known as Section 30 is added to said Act as heretofore amended reading as follows: Section 30. In order to gain the privileges of this section regarding the counting of years of service in the Armed Forces of the United States as years of service upon which pension rights may be based, or the privileges

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of this section regarding a new election by veterans for benefits to widows or minor children, a former member of the Police or Fire Department of a county of Georgia having the population specified in caption who left the service of such county to enter the military or naval service of the United States must return to active duty as an employee of said county within twelve (12) months after discharge from the armed services or within twelve (12) months after such former policeman or fireman is physically able, after discharge from the armed services to return to active duty as an employee of said county. Privileges of Members of Armed Forces Any returning veteran who was formerly employed as a member of the Police or Fire Department of any such county and who was inducted or voluntarily enlisted in the land or naval forces of the United States shall, on the conditions herein named, be entitled to have the time spent in such military service (not, however, including any second period of voluntary enlistment) counted in determining pension rights which may accrue to such pensioner or his beneficiary named in this Act when such person again becomes a member of the Police or Fire Department of such county, provided and on the condition that such person shall, within thirty-six (36) months from honorable discharge from said land or naval forces, pay into the pension fund created by said Act as amended without interest a sum equivalent to the regular contributions required of other policemen and firemen, for the months for which payment may not have theretofore been made by such returning veteran, based upon the salary or wages which such returning veteran was earning as a policeman or fireman of said county at the time of such person's call to active duty in the Armed Forces. If a contribution to said fund previously made by the returning veteran was withdrawn by him upon call to active duty in the Armed Forces, such contribution which was withdrawn under these circumstances may be repaid by the veteran without interest within the same period of time. Payment Within 36 Months Such returning veteran likewise may, within sixty

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(60) days of his return to active duty as a policeman or fireman of said county, give notice to the Clerk of the Board of Commissioners of Roads and Revenues of said county of an election to abtain the benefits for widows and minor children which are provided by Section 22 or said Act as amended and by paying within the same thirty-six month period to the pension fund, without interest, such principal sum as is required to equalize the contribution of such returning veteran with the principal amount of the contributions of other policemen and firemen for the same benefits based on such former salary earned by the veteran as a policeman or fireman of said county, during the period of his former service to the county and the months that the veteran was on duty as a member of the Armed Forces of his country. After the contribution of such veteran has been equalized with the contributions of other policemen and firemen in the manner provided by this section, such veteran shall have credit on his pension status for all years of prior service as a policeman or fireman of such county and all months of active service in the Armed Forces of the United States. The provisions of this section relate exclusively to the privilege of maintaining the status (with reference to years and continuity of service) of policemen and firemen returning after military or naval service, to active duty as an employee of the county, and shall not confer any pension rights on any person by reason of death or disability during such period of military service. Notice Not Applied to Disabilities During Military Service Section 2, If any part or section of this amendment shall be held unconstitutional, the remainder shall be in full force and effect, provided the general terms of said Act as amended by the remaining portion hereof can still be carried out. Invalidity of Part Section 3. Any and all laws or parts of laws in conflict with this Act are hereby repealed. Approved January 31, 1946.

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POULTRY INDUSTRY REGULATED No. 618 An Act To promote the poultry industry in the State of Georgia through program of breeding improvement and control and eradication of pullorum disease and other contagious and infectious diseases of poultry; to provide for regulation and control of Poultry remedies, and licensing of manufacturers thereof; to authorize regulations to enforce the provisions of this Act; to require reports and statistical records covering intra-State as well as inter-state shipments of hatching eggs, baby chicks and poults, started chicks and poults, poultry breeding stock or birds of any species; and for other purposes. Section 1. 1. From and after passage of this Act, The Georgia Poultry Improvement Association, Inc., shall be recognized and designated as the official State agency for administration of the National Poultry Improvement Plan and the National Turkey Improvement Plan sponsored by the Bureau of Animal Industry, United States Department of Agriculture. Participation in the National Poultry Inmprovement Plan or the National Turkey Improvement Plan by hatcheries, R. O. P. breeders, dealers and supply flock owners shall be voluntary and administrated and governed by the rules and regulations of the official State agency in conjunction with rules and regulations promulgated by the Bureau of Animal Industry, United State Department of Agriculture. Georgia Poultry Improvement Association Inc. 2. Nothing in this Act shall be construed to establish a State Plan of Identification of hatcheries, dealers or supply flocks except as herein specified. The words State Approved, State Tested or words of phrases of similar implication and meaning shall not be used in advertising or in the sale or in offering for sale of hatching eggs, chicks, poults or breeding stock. No State Plan of Identification Section 2.1. Regulations for control and eradication of pullorum disease shall be made following a joint hearing between the State Veterinarian,, State Department of Agriculture and the official state agency. Requirements

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for pullorum testing and other sanitary measures shall be stipulated by the State Veterinarian, State Department of Agriculture. In event that State regulations do not exist or apply, the minimum pullorum-control regulations of the official State agency shall be effective. Pullorum Disease 2. The State Department of Agriculture shall be authorized to quarantine and prohibit the sale or shipment of hatching eggs, chicks, poults, poultry breeding stock or birds of any species to or from any hatchery, dealer, flock or in any area within the State, or establish special regulations for prevention and spread of pullorum disease or other infectious and contagious diseases of poultry. Quarantine 3. Appointment of qualified pullorum-testing agents and supervision of their field work shall be made by the State Department of Agriculture. Only persons who have demonstrated that they are capable of doing satisfactory testing work shall be so authorized. Appointment of Agents Section 3.1. Every person, firm or corporation who operates a hatchery, or dealer shall first register and secure a license from the Commissioner of Agriculture. The fee for such license shall be fixed by the Commissioner of Agriculture not to exceed $10.00 per year for each hatchery, dealer or branch. License shall be issued on a fiscal year basis from July 1st to June 30th and shall be conspicuously displayed in each place of business. Cost of license shall not be prorated and licenses purchased after January 1st expire June 30th of the same year. License shall not be transferrable. When any condition is revealed to exist which is not in strict accord with provisions of this Act, the license may be revoked or suspended by the Commissioner of Agriculture, in his discretion. License 2. Manufacturers of Poultry Remedies before offering for sale each of such remedies in the State of Georgia for treatment, eradication or control of Poultry diseases, shall first secure a license from and be approved by the Commissioner of Agriculture, at his discretion. Fee for such license shall be $1.00 for each remedy. Manufacturers of Poultry Remedies Section 4.1. Hatcheries, dealers of flock owners shall promptly report to the State Veterinarian, State Department

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of Agriculture, the outbreak of any contagious or infectious disease affecting chicks, poults or breeding stock in their possession or in any flock producing hatching eggs. Report of Contagious Diseases 2. The premises and equipment of hatcheries and dealers shall be subject to inspection by the State Department of Agriculture and access to any supply flock shall be granted to the inspectors at any reasonable time during the business day to see that minimum requirements of sanitary and disease-control regulations are maintained and enforced. Inspection Section 5.1. Hatching eggs, chicks, poults, poultry breeding stock or birds of any species shall not be shipped into the State of Georgia without first approval of the State Veterinarian, State Department of Agriculture. Shippers shall be subject to investigation by the State Veterinarian or other authorized person, to determine that hatching eggs, chicks, poults or poultry breeding stock have been produced and handled under conditions no less adequate for control of pullorum disease and other contagious and infectious diseases of poultry than those required under Georgia regulations. Approval of Out of State Shipments 2. Hatching eggs, chicks, poults or poultry breeding stock shipped into the State of Georgia shall be, (a) reported by the shipper to the State Veterinarian, State Department of Agriculture on official health certificates signed by the livestock sanitary official in the State of origin, certifying that such shipment has met requirements equivalent to Georgia regulations for control of pullorum disease and other contagious and infectious diseases of poultry. Duplicate copy of the health certificate shall be attached to the way-bill on each shipment. Or, (b) reported to the State Veterinarian, State Department of Agriculture on official N. P. I. P. forms if produced under a pullorum-control phase of the National Poultry Improvement Plan or the National Turkey Improvement Plan. Report of Shipments Section 6.1 Be it further enacted that nothing in this Act shall be construed so as to in any manner limit the authority of the Commissioner of Agriculture to carry out

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administer and enforce all laws, rules and regulations for the control and eradication of live stock and poultry diseases in this State. Authority of Commissioner of Agriculture Section 7.1. Any person, firm or corporation found in violation of this Act shall be guilty of a misdemanor. The Commissioner of Agriculture may at his discretion confiscate, destroy or otherwise dispose of all hatching eggs, chicks, poults, poultry, breeding stock or birds of any species that are produced in the State or enter the State not in compliance with this Act. Penalties 2. This Act shall go into immediate force and effect. Section 8.1. Be it further enacted that each and every provision and section of this Act is hereby separately enacted and each part of each section is hereby declared a separate section, or part of section, and the holding of any section, or part thereof, to be unconstitutional or contrary to the laws of the State of Georgia, shall not affect any other section or part of this Act; it being the expressed intention of the General Assembly of the State of Georgia in passing this Act, that each part, section, or provision hereof shall be given full force and affect independent of any other part, section or provision. All laws or parts of laws in conflict therewith are hereby repealed. Invalidity of Part Approved February 1, 1946. RECREATIONAL FACILITIES IN CERTAIN CITIES No. 504 An Act to authorize, permit and allow, the Mayor and Council, or other Governing Authority, of any Incorporated Town or City, within said State of Georgia having a population of not less than 1,614 nor more than 1,624 population, according to the Official Census of 1940, to participate in and to assist in the construction, and building of a recreational center, playgrounds, swimming pools, and other Recreational Facilities, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same.

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Section 1. The Mayor and Council or other Governing authority of any incorporated Town or City, within the State of Georgia, having a population of not less than one thousand six hundred fourteen or more than one thousand six hundred twenty-four according to the Federal or National Census of 1940, desiring to participate in and assist in the construction and building of a Recreational Center Playgrounds, swimming pools, and or other recreational facilities, for the benefit of its citizens and of the citizens of the County in which such incorporated town or city is located, are authorized, permitted, and allowed to participate in and assist in such building and construction, in addition to such authority as such Mayor and Council or other governing authority now has by law, as follows: Certain Towns Specified Upon affirmative action (vote) by said Mayor and Council or other Governing authority, they may, should they deem proper and so desire, pay over to such elemoosenary, fraternal or civic organizations, sponsoring such building and construction, from the public funds of such incorporated town or city, a sum not to exceed Five ($5000.00) Dollars, provided only that said sum shall have been at least equally matched, by said sponsoring organization, or with funds raised or received by said sponsoring organization from other sources. Vote by Governing Authority Section 2. A condition precedent to said donation, contribution or payment, by said Mayor and Council or other governing authority, shall be a pledge and assurance by the head of the organization sponsoring the project, to the effect that such project will not be operated for pecuniary gain to the sponsoring organization or to any other person, (except that charges for use, sufficient to operate and maintain the project may be made.) Pledge of No Pecuniary Gain Section 3. The Mayor and Council or other governing authority of any such incorporated town or city, may make said donation or payment from the general fund or any other available fund, or a loan therefor may be negotiated, to be repaid from taxes levied for the purpose, pro-rated over a period of time, not to exceed five (5)

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years. Donations Section 4. Should a loan be deemed necessary or advisable by said Mayor and Council or other governing authority, to raise such funds as they may desire to donate, contribute or pay hereunder, said Mayor and Council or other governing authority are hereby authorized and empowered to levy and cause to be collected, a special or additional advalorem tax on the taxable property of said city to the taxes now levied and collected, in such millage or amount as will be sufficient to repay said loan, with such interest as may accumulate thereon, the levying and collecting of said special or additional advalorem tax, may at the discretion of said Mayor and Council, or other governing authority, be spread over or prorated over a period of not exceeding five (5) years. Loans Section 5. The Mayor and Council or other governing authority of such incorporated town or city, are hereby authorized, permitted, and allowed, to use or let be used in the building and construction of such recreational center, playgrounds, swimming pools and other recreational facilities, such machinery, equipment and labor, belonging to said town or city, as they may deem proper. City Equipment Section 6. All laws or parts of laws in conflict herewith are hereby repealed. Approved January 30, 1946. RECREATIONAL FACILITIES IN COUNTIES AND MUNICIPALITIES No. 622 An Act Empowering cities, towns, and counties, seperately or jointly, in the State of Georgia to provide, maintain, and conduct supervised recreation systems and to acquire, establish, conduct and maintain parks, playgrounds, recreational facilities and activities, and authorizing such municipalities and counties to create recreation boards or commissions and prescribing their powers and duties. Be it enacted by the General Assembly of the State of

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Georgia and it is hereby enacted by authority of the same: Section 1. That this Act shall apply to all counties, incorporated cities and towns in the State of Georgia. The term governing body as herein used means the Mayor and City Council, the Commissioner and Commissioners, or either or both as the case may be, or the governing body by whatever name called, of any city, town or county coming under the provision of this Act. Applied to All Counties and Incorporated Towns Section 2. That the governing body of any city, town or county may dedicate and set apart for use as parks, playgrounds, recreation centers and for other recreation purposes, any lands or buildings or both, owned or leased by such municipality or county and not dedicated or devoted to another or inconsistent public use; and such municipality or county may, in such manner as may now or hereafter be authorized or provide by law for the acquisition of lands or buildings for public purposes by such municipality or county, acquire or lease lands or buildings, or both, within or beyond the corporate limits of such municipality, for parks, playgrounds, recreation centers and other recreational purposes, and when the governing body of the municipality so dedicates, sets apart, acquires or leases, lands or buildings for such purposes, it may, on its own initiative, provide for their conduct, equipment, and maintenance according to provisions of this Act, by making an appropriation from the general municipal or county funds. Use of Public Property Section 3. That the governing body of any such county or municipality may establish a system of supervised recreation and it may, by resolution or ordinance, vest the power to provide, maintain and conduct parks, playgrounds, recreation centers and other recreational activities and facilities in the school board, park board, or other existing body or in a recreation board as the governing body may determine. Any board so designated, shall have the power to maintain and equip parks, playgrounds, recreation centers and the buildings thereon, and to develop, maintain, and operate all types of recreation

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facilities, or to operate and conduct facilities on properties controlled by other authorities, and it may, for the purpose of carrying out the provisions of this Act, employ playleaders, playground or community center directors, supervisors, recreation superintendants or such other officers or employees as it deems proper are needed and the recreation authority is authorized to develop a program of recreational activities and services designated to meet the various leisure time interests of all people. Supervised Recreation Section 4. That if the governing body of any such county or municipality shall determine that the power to provide, establish, conduct, and maintain a recreation system as aforesaid shall be exercised by a park and recreation board, such governing body shall, by resolution or ordinance, establish in such municipality or county, a recreation board which shall possess all the powers and be subject to all the responsibilities of local authorities under this Act. Such board, when established, shall consist of five persons serving without pay, to be appointed by the Mayor or presiding officer, of such county or municipality. The terms of office shall be for five years, or until their successors are appointed and qualified, except that the members of such board first appointed shall be appointed for such terms that the term of one member shall expire annually thereafter. Immediately after their appointment, they shall meet and organize by electing one of their members president and such other officers as may be necessary; vacancies in such boards occurring otherwise than by expiration of term shall be filled by the Mayor or presiding officer of the governing body only for the unexpired term. Recreation Board Section 5. That any two or more municipalities or county and city may jointly provide, establish, maintain, and conduct a recreation system and acquire property for and establish and maintain playgrounds, recreation centers, parks, and other recreational facilities and activities. Any school board may join with any municipality or any other school board in conducting and maintaining a recreation system. Joint Facilities

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Section 6. That a park and recreation board or other authority in which is vested the power to provide, establish, maintain, and conduct a recreation program may accept any grant or devise of real estate or any gift or bequest of money or other personal property or any donation to the applied principal or income, for either temporary or permanent use for playgrounds or recreation purposes, but if the acceptance thereof for such purposes will subject the municipality to additional expense for improvements, maintenance, or renewal, the acceptance of any grant or devise of real estate shall be subject to the approval of the governing body of such municipality. Money received for such purposes, unless otherwise provided by the terms of the gift or bequest, shall be deposited with the treasurer of the municipality to the account of the recreation board or commission or other body having charge of such work or direct to the recreation board, and the same way be withdrawn and paid out by such body in the same manner as money appropriated for recreation purposes. Donations Section 7. That the governing body of any municipality or county may, pursuant to law, provide that the bonds of such municipality or county may be issued in the manner provided by law for the issuance of bonds for other purposes, for the purpose of acquiring lands or buildings, for parks, playgrounds, recreation centers and other recreational purposes and for the equipment thereof. Bonds Section 8. That whenever a petition signed by at least ten per cent of the qualified and registered voters in any municipality, school district or county shall be filed in the office of the clerk of such municipality, school district or county requesting the governing body of such municipality to provide, establish, maintain, and conduct a supervised recreation system and to levy an annual tax on the taxable property within the corporate limits of the city, county or school district, for the conduct and maintenance thereof, it shall be the duty of the governing body of such municipality or county to appropriate funds for and to provide for the establishment, maintenance, and

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conduct of a supervised recreation system or in case of special tax to cause the question of the establishment, maintenance, and conduct of such supervised recreation system to be submitted to the voters to be voted upon at the next general or special election of the municipality, provided, however, that such question shall not be voted upon at the next general or special election unless such petition shall have been filed at least thirty days prior to the date of such election. Petition Vote Section 9. That upon the adoption of such proposition, at an election the governing body of the municipality or county shall, by resolution or ordinance, provide for the establishment, maintenance, and conduct of such supervised recreation system as they may deem it advisable and practicable to provide and maintain out of the tax money thus voted, and the said governing body may designate, by appropriate resolution or ordinance, the board or commission to be vested with the powers, duties and obligations necessary for the establishment, maintenance, and conduct of such recreation system as provided in this Act. Resolution or Ordinance Section 10. That the governing body of any municipality or county or school district adopting the provisions of this Act at an election shall thereafter annually levy and collect a tax sufficient to provide for an adequate recreation program for the area specified and of not less than the minimum nor more than the maximum amount set out in the said petition for such election, which tax shall be designated as the recreation tax and shall be levied and collected in like manner as the general tax of the municipality. Tax Section 11. That the cost and expenses of the establishment, maintenance, and conduct of a supervised recreation system of parks, playgrounds, recreation centers, and other recreational facilities and activities shall be paid out of taxes or other money received for this purpose, and the recreation board or commission, or other authority in which is vested the power to provide, establish, conduct, and maintain a supervised recreation system

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and facilities as aforesaid shall have exclusive control of all monies collected or donated to the credit of the recreation fund. Cost and Expenses Section 11A. Provided, however, that the provisions of this Act shall not apply to recreation or playground commissions, boards, or systems which are now created or which may hereafter be created by special Acts of the legislature. Not Applied to Certain Systems Section 12. Be it further enacted, that all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 1, 1946. REDEVELOPMENT LAW No. 616 An Act to authorize housing authorities to clear slums and blighted areas and prevent blight; to acquire real property and make it available for redevelopment by private enterprise or by public agencies in accordance with approved redevelopment plans; and to confer necessary powers on housing authorities, cities and other public bodies, and to make obligations issued by housing authorities in connection with redevelopment projects legal investments and security for deposits; to authorize private enterprise, including real estate companies or associations, building and loan associations, savings and loan associations, investment companies, insurance companies and associations, to invest their funds in redevelopment projects; to enable the advance preparation of projects so they can provide jobs and stimulate industry when necessary in the period of reconversion; to authorize the creation of an Advisory Board to housing authorities composed of representatives of business, real estate, home financing and other interests; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same:

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Section 1. Short Title. This Act may be referred to as the Redevelopment Law. Short Title Section 2. Finding and Declaration of Necessity. It is hereby found and declared (a) that there exist in many communities within this State blighted areas (as defined herein) or areas in the process of becoming blighted; (b) that such areas impair economic values and tax revenues; that such area cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the State, that these conditions necessitate excessive and disproportionate expeditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; (c) that the clearance, replanning and preparatioon for rebuilding of these areas, and the prevention or the reduction of blight and its causes, are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of State concern; (d) that there are also certain areas where the condition of the title, the diverse ownership of the land to be assembled, the street or lot layouts, or other conditions prevent a proper development of the land, and that it is in the public interest that such areas, as well as blighted areas, be acquired by eminent domain and made available for sound and wholesome development in accordance with a redevelopment plan, and that the exercise of the power of eminent domain and the financing of the acquisition and preparation of land by a public agency for such redevelopment is likewise a public use and purpose; (e) that redevelopment activities will stimulate residential construction which is closely correlated with general economic activity; and that such undertakings authorized by this Act will aid the production of better housing and more desirable neighborhood and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in achieving and maintaining full employment; (f) that there exists an emergency housing shortage of decent, safe, and sanitary dwellings

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for families of low income; and (g) that it is in the public interest that advance preparation for such projects and activities be made now, and that the necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination. Declaration of Necessity Section 3. Redevelopment Projects. Any housing authority now or hereafter established pursuant to the Housing Authority Law (Georgia Laws, 1937, page 210, et. seq., approved March 30, 1937) and any amendment and supplements thereto, may carry out any work or undertaking (hereafter called a redevelopment project): Power of Housing Authority (1). to acquire blighted or deteriorated areas, which are hereby defined as areas including slum areas, with buildings or improvements which, by reason of dilapidation, obsolecense, overcrowding, faulty arrangement or design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land uses or obsolete layout, or any combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community; Acquire Blighted Areas (2). to acquire other real property for the purpose of removing, preventing, or reducing blight, blighting factors or the causes of blight; (3). to acquire real property where the conditions of the title, the diverse ownership of the real property to be assembled, the street or lot layouts, or other conditions prevent a proper development of the property and where the acquisition of the areas by the authority is necessary to carry out a redevelopment plan; Other Property (4). to clear any areas acquired and install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan; Improvements (5). to make land so acquired available first to private enterprise and then, only in the event said land is not taken by private enterprise within six months after its availability, to public agencies (including sale, lease or retention by the authority itself) in accordance with the redevelopment plan. Availability

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(6). to accomplish any combination of the foregoing to carry out a redevelopment plan. Section 4. Powers of Authority. In undertaking such redevelopment projects a housing authority shall have all the rights, powers, privileges and immunities that such authority has under the Housing Authorities Law, (Georgia Laws 1937, Page 210, et seq., approved March 30, 1937,) and any other provision of law relating to slum clearance and housing projects for persons of low income, including, without limiting the generality of the foregoing, the power to make and execute contracts, to issue bonds and other obligations and give security, therefore, to acquire real property by eminent domain or purchase, and to do any and all things necessary to carry out projects) in the same manner as though all of the provisions of law applicable to slum clearance and housing projects were applicable to redevelopment projects undertaken under this Act; Provided that nothing contained in Section 9 and 10 of the Housing Authorities Law shall be construed as limiting the power of an authority, in the event of a default by a purchaser or lessee of land in a redevelopment plan, to acquire property and operate it free from the restrictions contained in said sections. Power of Authority Section 5. Redevelopment Plan. An authority shall not initiate any redevelopment project under this Act until the governing body or planning agency or other public agency designated by it or empower by law so to act of each city or town (hereafter called municipalities) in which any of the area to be covered by said project is situated, has approved a plan (herein called the redevelopment plan) which provides an outline for the development or redevelopment of said area and is sufficiently complete (1) to indicate its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements; and (2) to indicate proposed land uses and building requirements in the area. Redevelopment Plan

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Section 6. Cooperation by State Public Bodies. Any State Public Body as defined in the Housing Corporation Law (Georgia Laws, 1937, Page 697 et seq., approved March 31, 1937,) and any amendments thereto, shall have the same rights and powers to cooperate with and assist housing authorities with respect to redevelopment projects that such State Public Body has pursuant to such Law for the purpose of assisting the development or administration of slum clearance and housing projects in the same manner as though the provisions of the Housing Cooperation Law were applicable to redevelopment projects undertaken under this Act. Cooperation by Public Bodies Section 7. Making Property Available for Redevelopment. The authority may make land in a redevelopment project available for use by private enterprise or public agencies in accordance with the redevelopment plan. Such land may be made available at its fair value, which represents the value (whether expressed in terms of rental or capital price) at which the authority determines such land should be made available in order that it may be developed or redeveloped for the purpose specified in such plan. Availability To assure that land acquired in a redevelopment project is used in accordance with the redevelopment plan, an authority, upon the sale or lease of such land, shall obligate purchasers or lessees: (1). to use the land for the purpose designated in the redevelopment plan; (2) to begin the building of their improvements within a period of time which the authority fixes as reasonable; and (3) to comply with such other conditions as are necessary to carry out the purposes of this Act. Any such obligations by the purchaser shall be covenants and conditions running with the land where the authority so stipulates. Uses Section 8. Taxation. Any property which the authority leases to private corporations, individuals or partnerships for development under a redevelopment plan shall have the same tax status as if such leased property were owned by such private corporations, individuals or partnerships. Taxation

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Section 9. Aid from Federal Government. An Authority may borrow money or accept contributions from the Federal Government to assist in its undertakings redevelopment projects. An authority may do any and all things necessary or desirable to secure such financial aid (including obligating itself in any contract with the Federal Government for annual contributions to convey to the Federal Government the project to which said contract relates upon the occurance of a substantial default thereunder), in the same manner as it may do to secure such aid in connection with slum clearance and housing projects under the provisions of the Housing Authorities Law. Federal Aid Section 10. Bonds to be Legal Investment and Security. Bonds or other obligations issued by a housing authority in connection with a redevelopment pursuant to this Act shall be security for public deposits and legal investments to the same extent and for the same persons, institutions, associations, corporations, and other bodies and officers as bonds or other obligations issued pursuant to the Housing Authorities Law in connection with the development of slum clearance or housing projects. Bonds Section 11. Private Enterprise May Acquire and Operate Projects. Any individual, partnership, or corporation engaged in private enterprise, including, but not exclusively, any real estate company or association, any building loan association, any saving and loan association, any investment company, or any insurance company or association, is authorized to invest its funds in projects contemplated by the provisions of this Act; to acquire and hold land; to acquire or erect apartment, tenement, or other dwelling houses, not including hotels, but including accommodations for retail stores, shop, officers, and other community services reasonably incident to such projects; and to own, to maintain, to manage, to collect or receive income therefrom, and to sell or convey such land and the improvements thereon; notwithstanding any restriction or limitation on investments contained in any other laws of this State. Private Operation Section 12. Supplemental Nature of Act. The powers

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conferred by this Act shall be in addition and supplemental to the powers conferred by any other law. Supplemental Powers Section 13. Severability, Nothwithstanding any other evidence of legislative intent, it is hereby declared to be controlling legislative intent that if any provisions 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. Invalidity of Part Section 14. Act Controlling. Insofar as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall control. Act Controlling Approved February 1, 1946. RENTALS FROM WESTERN AND ATLANTIC RAILROAD USED FOR PORTS AUTHORITY No. 628 An Act To authorize the Governor to set apart the rentals of the Western and Atlantic Railroad as a special fund for the use and purposes of the State Ports Authority of Georgia and authorizing the assignment of such rentals and such fund as security for the payment of the principal of and the interest upon bonds of said State Ports Authority; and for other purposes.WHEREAS, Prior to the adoption of the present Constitution of Georgia the General Assembly created the State Ports Authority as a body corporate and politic and an instrumentality of the State of Georgia for the purpose of developing and improving the harbors and seaports of the State for the handling of water-borne commerce from and to any part of the State and other states and foreign countries; andWHEREAS, The General Assembly has found and determined that the State Ports Authority was created in all respects for the benefit of the people of the State and is performing an essential governmental function in exercising the powers upon it; and

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WHEREAS, The State of Georgia, under its Constitution recently adopted, has the constitutional power to provide for the construction and maintenance of a system of State docks; Now Therefore, Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Preamble Section 1. The Governor shall be and he is hereby authorized and empowered to set aside the rentals arising from the lease of the Western and Atlantic Railroad from January 1, 1950 to the date of expiration of said existing lease, to the credit of a special treasury fund for the use and benefit of the State Ports Authority. The proceeds from said rentals shall be deposited as received to the credit of said fund and shall be used solely and exclusively for the purpose of paying the principal of and the interest upon bonds of the State Ports Authority issued pursuant to the Act creating the said Authority. Authority of Governor Section 2. Be it further enacted that the Governor is hereby authorized, empowered and directed to draw his warrant or warrants against the special fund created by Section 1 of this Act, payable to the order of the State Ports Authority. Said warrant or warrants shall be duly countersigned by the Comptroller General and delivered by him to the State Ports Authority. Said warrant or warrants and the rentals paid or to be paid to the credit of said special treasury fund may be assigned, by resolution of the State Ports Authority to any trustees or fiscal agent designated by such resolution of the Authority, as security for the payment of the principal of and the interest upon the bonds of the Authority as such principal and interest may become due and payable. Upon such an assignment of said warrant or warrants and of the rentals accruing to be said special fund and the filing with the Treasurer of the State of Georgia of a certified copy of such resolution, such assignment shall be irrevocable until the payment in full of all bonds of the Authority for the payment of which such assignment shall have been made. Warrant Against Special Fund Section 3. Upon the payment in full of the bonds of the

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Authority on account of which any such warrant or warrants and the rentals paid or accuring to said special fund shall have been assigned, or after provision for such payment shall have been made, then and in such event any moneys to the credit of said special fund not required for the payment of the principal of or the interest upon such bonds shall, upon resolution of the Authority so determining, be paid to the Treasurer of the State of Georgia for the credit of the general fund of the State. Surplus Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 1, 1946. SALARY OF SHERIFF IN CERTAIN COUNTIES No. 541 An Act to authorize and direct the Commissioner of Roads and Revenues and/or other proper officers of all counties in the State of Georgia having a population of not less Sixteen Thousand Eight Hundred Eighty (16,880) nor more than Sixteen Thousand Eight Hundred Ninety (16,890) according to the Federal Census of 1940 and all future Federal Census, because of the extra duties imposed on the Sheriffs of such counties, to pay to the Sheriffs of such counties the sum of Seventy-five $75.00) 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 Commissioners of Roads and Revenues and/or other proper officers in all counties of the State of Georgia having a population of not less than Sixteen Thousand Eight Hundred Eighty (16,880) and not more than Sixteen Thousand Eight Hundred Ninety (16,890) according to the Federal Census of 1940 and all other future Federal Census, are hereby authorized and directed to pay to the Sheriffs of said counties the sum of

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Seventy-five ($75.00) Dollars per month, in addition to the fees and compensation now paid to said Sheriffs. Certain Counties Specified Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved January 31, 1946. SALARY OF SHERIFF, SUPERIOR COURT CLERK, TAX COLLECTOR AND TAX RECEIVER IN CERTAIN COUNTIES No. 607 An Act To authorize and direct the Commissioner or Commissioners of Roads and Revenues 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 200,000 according to the Federal Census of 1940, or any future Federal Census, to pay to the Sheriff, Clerk of the Superior Court, Tax Collector and Tax Receiver in each such County a salary of $8,000.00 per annum, however, said salary may be increased or reducted at any time by the commissioners of Roads and Revenues of Fulton County to such sum as in the judgment of said commissioners shall be proper. 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 Commissioner or Commissioners of Roads and Revenues or other authority having control of the expenditure of County funds, in all counties of the State of Georgia, having a population of not less than 200,000 by the Federal Census of 1940, or any future Federal Census, is authorized and directed to pay to the Sheriff, Clerk of the Superior Court, Tax Collector and Tax Receiver, in each such County an annual salary of $8,000.00 payable in equal monthly installments, however, said salary may be increased or reduced at any time by the commissioner of Roads and Revenues of Fulton County to such sum as in the judgment of said commissioners

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shall be proper. Certain Counties Specified Effective Date Section 2. Be it further enacted that this Act shall become effective immediately upon its passage and approval. Section 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved January 31, 1946. SALARY SYSTEM APPLIED TO CERTAIN OFFICERS IN CERTAIN COUNTIES No. 563 An Act To amend an Act entitled: An Act, to change from the fee to the salary system in certain counties in Georgia, the clerk of the Superior Court (whether he be clerk of the Superior Court or ex officio clerk of other courts), the Sheriff, the Ordinary, the Tax Collector and the Tax Receiver: To make provisions regulating the carrying out of said change: To regulate the disposition of costs, and for other purposes by striking from Section 3 of said Act the following language.Each year at the time aforesaid and shall not be changed during said year and inserting in lieu thereof the following:By the Commissioners of Roads and Revenues of said County at such amount as the Commissioners may from time to time determine to be proper and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia that the Act entitled, An Act, to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court (whether he be Clerk of the Superior Court or Ex Officio Clerk of other courts), the Sheriff, the Ordinary, the Tax Collector and the Tax Receiver; to make provisions regulating the carrying out of said change; to regulate the disposition of costs, and for other purposes approved August 13, 1924 (Georgia Laws 1924, page 87), be

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and the same is hereby amended as follows: Ga. L. 1924 p.87 Amended By striking the following language from lines 10, 11 and 12 of Section 3 of said act: Each year at the time aforesaid and shall not be changed during said year and inserting in lieu thereof the following: By the Commissioners of Roads and Revenues of said County at such amount as the Commissioners may from time to time determine to be proper so that said Section 3 when so amended shall read as follows: Section 3. The salaries, in all such counties as are described in Section 1, of the Clerk of the Superior Court (whether he be ex officio clerk of other courts or not), the Sheriff, the Ordinary, the Tax Collector and the Tax Receiver shall be fixed at least thirty days before the first of January in each year (beginning with January, 1925), by the Commissioners of Roads and Revenues, if there be such, (whether the body shall consist of one or several commissioners) or the ordinary or other county authority having charge of the revenues and roads of such counties, and such salaries shall be fixed by the Commissioners of Roads and Revenues of said County at such amount as the Commissioners may from time to time determine to be proper. To Read Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict therewith shall be repealed. Approved January 31, 1946. SCHOOL BONDS IN CERTAIN COUNTIES No. 597 An Act To authorize all County Boards of Education in Counties in the State of Georgia having a population of not less than 6,200 and not more than 6,500, according to the United States Census of 1940, or any future census, to call an election for a bond issue in any given local school district in said counties, for the purpose of erecting, repairing and maintaining school buildings; to provide for said bonds to be floated within such

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school districts, subjecting the property therein to the issue thereof; to confine the voting upon said issue to the qualified voters of such district; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same; Section 1. That from and after the passage of this Act, all the county boards of education in the several counties of the State of Georgia having a population of not less than 6,200 and not more than 6,500, having a population according to [Illegible Text] United States Census of 1940 and any future census, be, and they are hereby authorized to call an election for a bond issue in any given local school district in said counties, for the purpose of erecting, repairing and maintaining school buildings therein; Election in Certain Counties Section 2. Be it further enacted that said bonds are to be floated within such school districts, subjecting the property therein to the issue thereof; Within School District Section 3. That the voting shall be confined to the qualified voters of such districts; Vote Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved January 31, 1946. SECRETARY OF CORONER'S JURY IN CERTAIN COUNTIES No. 533 An Act To amend an Act entitled An Act to require the coroner in all counties of this State having a population by the official census of the United States of 1930, and by any future census of the United States, of not less than 75,000 and not more than 100,000 inhabitants, to select as one of the jurors, for every inquest to be held by him a competent stenographer, who shall be secretary

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of the coroner's jury; to provide for the compensation of the secretary of the coroner's jury in counties to which this Act applies; to prescribe the duties of the secretary of the coroner's jury in these counties; and for other purposes; To increase Extra Compensation to be paid the Secretary of the Coroner's Jury for each inquest reported from $3.00 to $5.00 and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that the Act of the General Assembly of Georgia approved March 23, 1937 (Ga. Laws 1937, page 611), entitled An Act to require the coroner in all counties of this State having a population by the official census of the United States of 1930, and by any future census of the United States, of not less than 75,000 and not more than 100,000 inhabitants, to select as one of the jurors, for every inquest to be held by him, a competent stenographer, who shall be secretary of the coroner's jury; to provide for the compensation of the secretary of the coroner's jury in counties to which this Act applies; to prescribe the duties of the Secretary of the coroner's jury in these counties; and for other purposes, be and the same is hereby amended by striking from said Act the figures and signs $3.00 wherever and whenever the same appear in said Act and inserting in lieu of the figures and signs so stricken the signs and symbols $5.00. Ga. L. 1937 P. 611 Amended Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved January 31, 1946. TAX RECEIVER, COMMISSION FROM AD VALOREM SCHOOL TAXES IN CERTAIN COUNTIES No. 566 An Act To provide that the tax receiver in all counties of the State having a population of not less than 6,425 and

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not more than 6,500, according to the United States census of 1940, and all future United States census, shall be paid from ad valorem school tax collected for the County Board of Education a commission of two and one-half per cent. of the net amount collected by the County Tax Collector; 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 tax receiver in all counties of the State having a population of not less than 6,425 and not more than 6,500, according to the United States census of 1940, and all future United State census, shall be paid from the ad valorem school tax collected for the County Board of Education a commission of two and one-half per cent. of the net amount collected. Certain Counties Specified Section 2. That all lawes and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved January 31, 1946. UNAUTHORIZED PRACTICE OF LAW, AUTHORITY TO INVESTIGATE No. 564 An Act To authorize the Georgia Bar Association and the Judicial Council of the State of Georgia, and all organized bar associations, to inquire into and investigate charges or complaints of unauthorized or unlawful practice of law; charges or complaints that a person or persons are violating the Barratry Statutes of the State; Charges or complaints that any person is offering to any other person, without solicitation, the services of an Attorney at Law for the purpose of instituting suits; and upon determination of a violation of any of the foregoing, to institute in the proper Superior Court actions for injunction; to prescribe the venue of such action, and the method of hearing thereof, and judgments therein; and for other purposes. Be it enacted by the General Assembly of Georgia, and

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it is hereby enacted by authority thereof: Section 1. The Georgia Bar Association and the Judicial Council of the State of Georgia, and all organized Bar Associations of this State, are each authorized to inquire into and investigate: Authorized Associations (a) Any charges or complaints of unauthorized or unlawful practice of law; (b) Any charges or complaints that an attorney at law is violating the provisions of Section 9-9901 of the Code of Georgia of 1933; (c) Any charges or complaints that any person is violating the provisions of Section 26-4701 of the Code of Georgia of 1933; (d) Any charges or complaints that any person is orally or by writing, for a consideration then or afterwards to be charged or received by himself or another, offering or tendering to another person, without the solicitation of such person, the services of an attorney at law, resident or non-resident of this State, in order for such attorney to institute a suit or represent such person in the Courts of this or any other State in the United States, in the enforcement or collection by law of any claim, debt, or demand of any such person against another, or is suggesting or urging the bringing of such suit; Matters to be Investigated (e) Any charge or complaints that any person is engaged in the practice of seeking out and proposing to other persons that they present and urge through any attorney at law the collection of any claim, debt, or demand of such person against another. Section 2. If either the Georgia Bar Association and the Judicial Council of the State of Georgia, or any organized Bar Association of this State, shall determine, after investigation, that any person, firm, or corporation, is: (a) Engaged in the unauthorized or unlawful practice of law; or (b) Is violating the provisions of Section 9-9901 of the Code of Georgia of 1933; or (c) Is engaged in violating the provisions of Section 26-4701 of the Code of Georgia of 1933;

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(d) Is orally or by writing, for a consideration then or afterwards to be charged or received by himself or another, offering or tendering to another person, without the solicitation of such other person, the services of an attorney at law, resident or non-resident of this State, in order for such attorney to institute a suit or represent such person in the Courts of this or any other State, or of the United States, in the enforcement or collection by law of any claim, debt, or demand of any such person against another, or is suggesting or urging the bringing of such suit; or (e) Engaged in the practice of seeking out and proposing to other persons that they present and urge through any attorney at law the collection of any claim, debt, or demand of such person against another; either the Georgia Bar Association or the Judicial Council of the State of Georgia, or any organized Bar Association of this State, is authorized to institute in the proper Superior Court of this State an action or actions seeking to restrain and enjoin such person, firm, or corporation from continuing such violations or practices. Procedure Section 3. The venue of any such action shall be determined by the constitutional and statutory provisions relating to cases in equity. Equity Rules Section 4. The hearing, interlocutory or final, and the trial of such actions shall be governed by the laws of this State relating to injunctions, as shall appeals and bills of exception from orders or judgments therein. Hearing Section 5. In any action brought under this Act, the final judgment, if any in favor of the plaintiff, shall perpetually enjoin the defendant or defendants from the commission or continuance of the act or acts complained of. Restraining order or temporary injunctions may be granted as in other cases in which injunctive relief is sought. Judgment Section 6. This Act shall not repeal or curtail any remedy now provided in cases of unauthorized or unlawful practice of law, and nothing contained herein shall be construed as abridging the present powers of the Courts in such matters. Previous Laws Not Repealed

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Section 7. All laws and parts of laws in conflict herewith are repealed. Approved January 31, 1946. VOTING MACHINES IN CERTAIN COUNTIES No. 583 An Act To provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections, including primaries, in any and all counties in the State of Georgia having a population of 300,000 inhabitants or more according to the last or any future Federal Census, by direct action of the county commissioners of any county having a population of 300,000 inhabitants or more according to the last or any future Federal Census, or by referendum; prescribing regulations with reference to the adoption, requirements, purchase, leasing, renting, installation, preparation, custody and demonstration of use of voting machines; providing rules and regulations for the conduct of elections held with voting machines, prescribing the qualifications, number and duties of election officers in election districts or precincts in which voting machines may be used; providing for the experimental use of voting machines; placing duties upon county commissioners of counties having a population of 300,000 inhabitants or more according to the last or any future Federal Census, and others; providing for redistricting or redivision and/or consolidation of election districts or precincts, and for the creating of election precincts in which voting machines may be used; providing for the purchase, lease, or rental of voting machines, and payment therefor, and expenses incidental to the use of such machines; providing penalties for violation of the provisions of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that at all elections hereafter held in all counties in the State of Georgia having a population of 300,000 inhabitants or more according to the last or any

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future Federal Census, whether regular, special, primary, or other elections held under or by authority of any county in this State having a population of 300,000 inhabitants or more according to the last or any future Federal Census, or any election held for the purpose of determing any question or matter which may be submitted to and referred to the vote of the people of any such county, or any part thereof, ballots or votes may be cast, registered, recorded and counted by means of voting machines meeting the requirements of this Act as hereinafter provided, also at any and all other elections hereafter held in any such county, or in any part thereof, ballots or votes may be cast, registered, recorded and counted by means of voting machines meeting the requirements of this Act. Certain Counties Specified Section 2. Be it further enacted by the authority aforesaid, that the county commissioners of any county in the State of Gorgia having a population of 300,000 inhabitants or more according to the last or any future Federal Census may,at any regular meeting or at a special meeting called for the purpose, by a majority vote, adopt, purchase, authorize, lease or otherwise procure and provide for the use of, any voting machines meeting the requirements of this Act as hereinafter provided, in any one or more voting precincts within said County; and thereafter said machine and any requisite number of same may be used for voting at all primaries and elections for public officers and at all regular, special and other elections held by or under the authority of any such county in the State of Georgia having a population of 300,000 inhabitants or more according to the last or any future Federal Census, and on all questions and matters that may be submitted thereat, and at any general and all other elections hereafter held in any such county, or in any part thereof, and for receiving, registering, recording and counting the votes of the electors in such election district or districts, precinct or precincts such county commissioners shall direct. Authority of County Commissioners Section 3. Be it further enacted by the authority aforesaid, that the county commissioners of any county in the State of Georgia having a population of 300,000 inhabitants

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or more according to the last or any future Federal Census may, upon their own motion, submit to the qualified electors of the county of the aforesaid description, at any regular or general election, the question shall voting machines be used in the County of ? (b) That if the question of using a voting machine or machines be not submitted to the voters by the proper public officials, as hereinbefore provided may be done, upon the filing of a petition signed by at least 10% of the qualified electors of any county in the State of Georgia having a population of 300,000 inhabitants or more according to the last or any future Federal Census, and addressed to the county Commissioners of any such County, the latter shall, at the next regular election occurring at least thirty days thereafter, submit to the qualified electors of such county the question Shall voting machines be used in the county of ? (c) The county commissioners of the county to which the aforesaid petition is addressed as hereinabove provided, shall cause the said question to be printed upon the ballots to be used at the election in the form and manner provided by the laws governing general elections. Election (d) The election on said question shall be held at the places, during the hours, and under the regulations, provided by law for holding county elections, and shall be conducted by the election officers provided by law for the purpose to conduct such elections. The election officers shall count the votes cast at the election on said question and shall make returns thereof to the proper officials of such county for which said election may be held, as required by law. Section 4. Be it further enacted by the authority aforesaid, that if a majority of the qualified electors voting on such question shall vote in the affirmative, such vote shall constitute the authority and direction for the use of voting machines meeting the requirements of this Act as hereinafter provided for casting, registering, recording and counting the vote at all elections held in such county, or in any part thereof. In such event the county commissioners of the county in which said vote shall have

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been cast, shall purchase, or lease, or rent for each election district or precinct of such county one or more voting machines, of a kind or kinds which meet the requirements of this Act as hereinafter provided. The county commissioners of the county may provide in each election district or precinct in which voting machines are to be used one voting machine for each four hundred registered voters, or fraction thereof, therein, and shall provide one voting machine for each five hundred registered voters, or fraction thereof, therein. Effect of Vote Section 5. Be it further enacted by the authority aforesaid, that no voting machine shall be adopted or used unless it shall, at the time, satisfy the following requirements: It shall afford each elector an opportunity to vote in absolute secrecy; it shall provide facilities for voting for such candidates as may be nominated, and upon such questions as may be submitted; it shall permit each voter, at other than primary elections, to vote a straight party ticket in one operation; and, in one operation, to vote for all candidates of one party for presidential electors, and, in one operation, to vote for all the candidates of one party for every office to be voted for except those offices as to which he voted for individual candidates; it shall enable each voter, at other than primary elections, to vote a ticket selected from the nominees of any and all parties, from independent nominations, and from persons not in nomination; that it enables each voter to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot-label as a candidate for nomination or election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote, it shall preclude each voter from voting for any candidate, or upon any question, for whom or upon which he is not entitled to vote, and from voting for more persons for any office than he is entitled to vote for, and from voting for any candidate for the same office or upon any question more than once; it shall be capable of adjustment by election

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officers, so as to permit each voter at a primary election to vote for the candidates for non-partisan nomination, if any, and for the candidates seeking nomination by the political party, in which he is enrolled, if he is enrolled as a member of a political party, and so as to preclude him from voting for the candidates seeking nomination by any political party in which he is not enrolled; it shall permit each voter to deposit, write in, or affix upon receptacles or devises provided for the purpose, ballots containing the names of persons for whom he desires to vote, whose names do not appear upon the machine; it shall permit each voter to change his vote for any candidate, or upon any question appearing upon the ballotlabels, up to the time he begins the final operation to register his vote, or indicates or expresses his intention to register his vote; it shall not only secure to the voter absolute secrecy in the act of voting as hereinbefore provided but it shall be so constructed that no person can see or know for whom any other elector has voted or is voting, save a voter whom he has assisted or is assisting in voting as prescribed by law; it shall have voting devices for separate candidates and questions, which shall be arranged in separate rows or columns, so that, at any primary election, one or more adjacent rows or columns may be assigned to the candidates of a party, and shall have parallel office columns or rows transverse thereto; it shall provide for registering of the votes of at least six hundred voters at any one election; it shall be so constructed that votes may be cast thereon for constitutional amendments or any other public measure or question; it shall have a public counter, or other device, the register of which is visible from the outside of the machine, which shall show during the period of voting the total number of voters who have operated the machine during said period of voting; it shall have a protective counter, or other device, which shall record the cumulative total number of movements of the operating mechanism; it shall be provided with a lock or locks, by the use of which, immediately after the polls are closed, or the operation of the machine for an election is completed, so that all movements

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of the registering mechanism is absolutely prevented; it shall be provided with a screen, hood or curtain, which shall conceal the actions of the voter while voting; it shall be constructed of material of good quality, in a neat and workmanlike manner; it shall, when properly operated, register or record correctly and accurately every vote cast; it shall be so constructed that a voter may readily learn the method of operating it; it shall be safely transportable; it shall be so constructed and controlled, that during the progress of voting, it shall preclude every person from seeing or knowing the number of votes registered for any candidate, and from tampering with any or the registering mechanism; it shall have a key or keys for the aforementioned lock or locks. Requirements of Machine Section 6. Be it further enacted by the authority aforesaid, that the authorities of any county authorized by Section 2 of this Act to adopt a voting machine or voting machines may provide for the experimental use at any election or elections, of a machine which they might lawfully adopt, without a formal adoption thereof, and such use at such election shall be as valid for all purposes as if it had been lawfully adopted; such use may be in one or more election precincts of any county hereinabove referred to. Experimental Use Section 7. Be it further enacted by the authority aforesaid, that the county commissioners of any county in the State of Georgia having a population of 300,000 inhabitants or more according to the last or any future Federal Census which term of county commissioners as used in this section and elsewhere in this Act shall include the commissioners of roads and revenues of any county of the aforesaid description, which authorities are hereinafter referred to as the local authorities, on the adoption and lease or purchase of a voting machine or machines may provide for the payment therefor in such manner as may be deemed for the best interests of the county. They may for that purpose make leases, issue bonds, certificates of indebtedness, or other obligations, which shall be a charge on the county. Such bonds, certificates or other obligations

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may be issued with or without interest, payable at such time or times as the local authorities may determine, subject to constitutional limitations. Payment for Machines Section 8. Be it further enacted by the authority aforesaid, that for any election in any county in this State having a population of 300,000 inhabitants or more according to the last or any future Federal Census in which voting machines are to be used, the election precincts or districts in which such machines are to be used may be created by the officers charged by law with the duty of redividing or consolidating election districts so as to contain as near as may be the number of voters as hereinafter provided. The redivision, redistricting or consolidating whereby such election precincts may be created shall be made under the following provisions: Precincts (a) The Ordinaries of the respective counties shall, upon petition, redivide wards of cities and/or of incorporated towns or villages in counties in which voting machines are adopted, into election districts of compact and contiguous territory, or shall consolidate election precincts, districts or wards therein into new districts, each having one thousand registered voters as nearly as may be, except that districts having less than one thousand registered voters may be created whenever the Ordinary shall be of the opinion that the convenience of the voters and the public interests will be promoted thereby; provided, that any consolidation of, or change in, a militia district or districts shall be effected only in conformity to Sections 23-204-5-5 and Sections 23-701, sub-section 4, Code of 1933. Authority of Ordinary (b) Petitions may be presented to the Ordinary to redivide wards of cities and/or of incorporated towns or villages into election districts, or to consolidate election districts, either by the county commissioners or the Commissioners of roads and revenues, or by ten or more qualified voters of the districts involved. Such petitions may specify the boundaries desired by the petitioners. Petition (c) Upon the redivision of any ward of a city and/or incorporated town or village into election districts, and

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upon the consolidation of election districts under the provisions of this section, the said Ordinary shall appoint the necesary election officers and fix the places for holding the first election thereafter in said new districts. Election Officers Section 9. Be it further enacted by the authority aforesaid, that the local authorities adopting a voting machine or machines shall provide machines for all precincts where same are to be used, in complete working order, and shall preserve and keep in repair the same, and shall have custody thereof, and the furniture and equipment of the polling-places when not in use at an election. Machines for All Precincts Section 10. Be it further enacted by the authority aforesaid, that the exterior of the voting machines and every part of the voting or polling-place, shall be in plain view of the election watchers and officers. The voting machine shall be located at the voting or polling-place in such position, that, unless its construction shall require otherwise, the ballot-labels on the face of the machine can be seen plainly by the election officers and watchers when the machine is not occupied by a voter. The election managers or commissioners shall not themselves be, nor allow any other person to be, in any position that will permit one to see, or ascertain how a voter votes, or how he has voted. No voter shall be permitted to occupy the voting machine more than two minutes if other voters are waiting to use. The election managers, or one of them, shall inspect the face of the machine at frequent intervals, to see that the ballot-labels are in their proper places, and that the machine has not been injured or tampered with. During an election, the door, or other covering of the compartment containing the counters of the machine or counting device shall not be unlocked or opened, or the counters exposed, except by action of the proper custodian of voting machines for good and sufficient reason, a statement of which shall be made in writing and signed by him and attested by the signature of the election managers or except upon the written order of the local authorties for good and sufficient reason which shall be stated in the order; the Ordinary of the county shall appoint a

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custodian for the machines. Regulations for Operation Section 11. Be it enacted further by the authority aforesaid, that during the thirty days next preceding an election or primary the local authorities shall place on public exhibition, in such places and at such times as they deem most suitable for the information and instruction of the voters, one or more voting machines, containing the ballot-labels, and showing the offices and question to be voted upon, the names and arrangements of parties, and, so far as practicable, the names annd arrangements of the candidates to be voted for. Such machine or machnes shall be under the charge and care of a person competent as custodian and instructor. No voting machine, which is to be assigned for use in an election, shall be used for such public exhibition and instruction, after having been prpared and sealed for the election. During such public exhibition and instruction, the counting mechanism of the voting machine shall be concealed from view, and the doors, or cover concealing the same, shall be opened, if at all, only temporarily, and then only upon written authorization from the local authorities. Exhibition of Machines Section 12. Be it further enacted by the authority aforesaid, that any voter who may state under oath that by reason of his inability to read the English language, or by reason of blindness or other physical infirmity, he is unable to use the voting machine, may upon request have assistance in voting as provided may be done in Section 34-3201 of the Code of Georgia of 1933. Oath of Disabled Persons Section 13. Be it enacted by the authority aforesaid, further, that in any election district or precinct in which voting machines are provided any voter, but only when required by his regular business and habitual duties to be absent from the county, city, ward, district, or precinct in which he is registered, may vote by complying with the provisions of the law of this State as contained in the acts of the General Assembly of 1924, page 186, et. seq. Absentee Voters Section 14. Be it further enacted by the authority aforesaid, that in any election district or precinct of every

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county in which voting machines are provided the portion of cardboard, paper or other material placed on the front of the machine containing the names of the candidates or a statment of the proposed constitutional amendment or other question or proposition to be voted on shall be known as a ballot-label. The ballot-label shall be supplied by the official or officials charged by law with providing materials for the holding of an election or elections, and shall be printed in black ink on clear white material of such size as will fit the machine and in plain, clear type, as large as the space will reasonably permit. The party name or other designation shall be prefixed to the list of candidates of such party. The order of the lists of candidates of the several parties shall be arranged as is now provided by law, except that the lists may be arranged horizontally or vertically, with the names of candidates for an office arranged transversely under or opposite the title of the office. The names of all candidates nominated or seeking nomination by a political party in accordance with law, shall appear in adjacent rows or columns containing generally the names of candidates nominated or seeking nomination by such party. The form and arrangement of ballot-labels, to be used at any election, shall be determined by the Ordinary of the county, as nearly as may be in accordance with the provisions of the laws prescribing the form and arrangements of ballots at such election, and shall be furnished by him to the election managers of the respective voting or polling-places, who shall procure such further copies of the same, as may be necessary, at the cost of the county. In primary elections, the ballot-labels, containing the names of candidates seeking nomination by a political party, shall be segregated on th face of the machine in adjacent rows or columns by parties. In any party primary in which voting machines shall be used in one or more voting precincts, the name of any unopposed candidate for nomination for any office may be omitted from the ballot used in any such voting-machine, and such unopposed candidate shall be declared to have received the total number of votes cast in such voting precinct. Ballot-Label

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Section 15. Be it further enacted by the authority aforesaid, that the officer or officers charged with the duty of providing ballots and ballot-labels for any voting or polling-place shall provide therefor the following. (a) A lantern, or a proper substitute for one, which shall give sufficient light to enable voters, while in the voting machine booth, to read the ballot-labels, and suitable for the use of election officers in examining the counters. The lantern, or proper substitute therefor, shall be prepared and in good order for use before the opening of the polls. Equipment Provided by Officers (b) The diagrams or sample ballots, of suitable size, representing such part of the face of such voting machine as will be in use in the election, and accompanied by illustrated directions for voting on the machine. Such diagrom shall be posted prominently outside the enclosed space within the voting or polling-place. (c) Prior to any election, the officer or officers aforementioned may cause copies of diagrams, explaining machine voting to be posted, published, advertised or distributed among the electors in such manner as they may deem desirable. Section 16. Be it further enacted by the authority aforesaid, that the requisite number of ballot-labels for use in the voting machine or voting machines shall be provided for each polling-place for each election district or precinct by the officer or officers now charged by law with furnishing such election districts or precincts with ballots; in such manner shall be furnished also all other necessary material for the use of voting machines in the case of all elections, the said officer or officers who are charged hereby with the duty of preparing the machines for conducting an election shall notify, as far in advance thereof as practicable, the respective chairmen of the county executive committees, or other body or bodies having similar duties thereto, of the political parties, of the intended preparation of such machines for voting. The same officer or officers first referred to in this section shall, before the day of election, cause the proper ballot-labels to be put upon each machine corresponding with the

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sample ballot-labels herein provided for, and the machine or machines in every way to be put in order, set and adjusted, ready for use in voting when delivered at the polling-place. And the same officer or officers shall cause the machine or machines so labeled in order, set and adjusted, to be delivered at the voting or polling-place, together with all necessary furniture and appliances that go with the same, in the room where the election is to be held in the precinct, not later than 6 o'clock P. M. of the day preceding the election. On the morning of the election managers shall meet in the said room before the time for opening the polls. They shall see that the sample ballots and instruction cards are posted properly, and everything in readiness for the voting at the hour of opening the polls. The managers shall compare ballot-labels on the machine with the sample ballots, see that they are correct, examine and see that all the counters (except protective counters) are set at naught or zero (0) and that the machine or machines are otherwise in perfect order. If upon such inspection it be found that the voting machine has not been properly prepared for the election, or is not in perfect order, the said officer or officers charged in this Act with the duty of preparation of such machine shall be notified immediately; after provision shall have been made for the use of a machine or machines as will enable the managers of the election to properly conduct the same or by the use of written or printed ballots the election shall proceed. Officers to Provide Ballot labels Labeling of Machines (a) The election officers or board in such district or precinct in which a voting machine or voting machines are used shall consist of three superintendents or managers, who shall be appointed by the Ordinary of the county in elections and by Executive committee in primaries; provided, that nothing herein shall be construed to hinder or prevent any one or more of said appointees of the Ordinary from acting as manager or managers, should they be present at the polling-place, supplying the number of managers required as herein provided from any of the freeholders as aforesaid. Persons who

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can not read and write shall not be competent to serve as managers of election. The oath to be taken by such election managers and the form thereof and before whom to be taken shall be as prescribed in Sections 34-1202-1203 of Code of 1933 of Georgia. Where more than one machine is used in any election district or precinct there shall be one additional manager for each additional machine more than one. In the case of primary elections the naming of managers thereof and the oath to be taken shall be as prescribed by Section 34-3201 of Code of 1933 of Georgia. The managers of election shall, upon notice from the Ordinary, attend any meeting or meetings called for their instruction and receive such instructions as shall be necessary for the proper conduct of the elections with the machine or machines. No manager of election shall serve in any election at which a voting machine or machines are used, unless he shall have received such instructions and is fully qualified to perform his duties in connection with the machine; provided, however, that this shall not prevent the appointment or serving of a manager of election, to fill a vacancy arising on the day of election. The compensation of said managers of election shall be as prescribed by Section 34-1303, subsection 13, of Code of 1933 of Georgia. All clerks may be dispensed with by the managers of elections in voting machine districts. District Officers Section 17. Be it further enacted by the authority aforesaid, that ballots voted for any person whose name does not appear on the ballot-label on the machine as a candidate for office are herein referred to as write-in ballots. Such write-in ballot shall be deposited, written or affixed in or upon the receptacle or device provided for that purpose. Write-in Ballots Section 18. Be it further enacted by the authority aforesaid, that as soon as the polls are closed, the voting machine or machines shall be locked against voting and the registering compartment opened in the presence of all the member of the election board of managers or superintendents or other persons who may be lawfully within

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the room, giving full view of the registering counters and one of said election managers, announcing in distinct tones that the votes cast for each candidate and for and against the various constitutional amendments, questions or other propositions. Locking of Machines Section 19. Be it further enacted by the authority aforesaid, that the election managers shall then ascertain the number of votes which the candidates have received both on the machine and by the voting of irregular ballots, if any, and one of the managers of election shall publicly announce in a distinct voice the total vote for each candidate thus ascertained in the order of the officers as their titles are arranged on the ballot-label. He shall then announce in the same manner the vote on each constitutional amendment, proposition or other question. Before leaving the room and before closing and locking the registering compartment, the election managers or superintendents shall make him sign a written certificate showing the results of such election. The transmission and delivery of said certificates by the managers of such election districts and all other papers of the election for the purpose of consolidation, also the consolidation, the certifying and returns thereof, shall all be in compliance with the laws in force pertaining to election. When write-in ballots have been voted they shall be returned, preserved and finally destroyed as is now provided by law in the case of other election ballots. The written certificate so made, after having been properly certified and signed, shall be distinctly and clearly read in the hearing of all persons present, and ample opportunity shall be given to compare the results so certified with the registering counters of the machine or machines. After such comparison and correction, if any is made, the election managers shall then close the registering compartment and lock the same. Thereafter the machine or machines shall remain locked and sealed for a period of at least thirty days: Provided, however, that should the use of same be required at any election to be held within said thirty day period, the machine or machines may be

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opened at least ten days prior to the date of such subsequent election; Provided, further, that same may be opened at any time upon order of a court of competent jurisdiction. Duties of Election Managers Opening by Court Order Section 20. Be it further enacted by the authority aforesaid, that if a method of election for any candidate or offices or of voting on constitutional amendments or other questions or propositions is prescribed by law, in which the use of voting machines is not possible or practicable, or in case at any election, the number of candidates nominated or seeking nomination for any office renders the use of voting machines for such office at such election impracticable at one or more precincts or districts, or if for any reason, at any election the use of voting machines wholly or in part is not possible or practicable, the officer or officers now charged by law with furnishing such election districts or precincts with paper ballots may arrange to have the voting for any or all candidates or offices or on any or all constitutional amendments, questions or propositions at such precincts or districts conducted by paper ballots. In such cases, ballots shall be printed for such candidates or offices, or for such constitutional amendments, questions or propositions, and the election conducted by the election officers as herein provided for, and the ballots counted and return thereof made in the manner required by law for such candidates or offices or for such constitutional amendments, questions or propositions, in so far as paper ballots are used. Procedure Where Use of Machines Impracticable Section 21. Be it further enacted by the authority aforesaid, that when the machine is locked and sealed at the close of an election in the manner required by this Act, the managers of election shall properly deliver to the Ordinary or his duly authorized representative the keys of the machine or machines enclosed in a sealed envelope. Delivery of Keys to Ordinary Section 22. Be it further enacted by the authority aforesaid, that the local authorities shall designate a person or persons who shall have the custody of the voting

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machines of the county, and the keys therefor, when the machines are not in use at an election, and shall provide for his or their compensation and for the safe storage and care of the machines and keys. As soon as possible after the completion of the cout of the votes cast at any election, the local authorities shall have the machine or machines removed to the place of a storage provided for in this section. Custody of Machines Section 23. Be it further enacted by the authority aforesaid, that the list of offices and candidates, and the statements of questions on the voting machine shall be deemed an official ballot. And that as used in this Act: 1. The words ballot-labels shall mean the cards, paper, or material, containing the names of offices and candidates and statements of questions to be voted on; Definitions 2. The word diagram shall mean an illustration of the official ballot, when placed upon the machine, showing the names of the parties, offices, and candidates, and statements of the questions, in their proper places, together with the voting devies therefor, and shall be considered a specimen ballot; 3. The word question shall mean a brief statement of such constitutional amendment or other proposition as shall be submitted to a popular vote at any election; 4. The words write-in ballot shall mean the paper or other material on which a vote is cast on a voting machine for persons whose names do not appear on the ballot-labels; 5. The words registering counters shall mean the counters on which are registered numerically th evotes cast for candidates, and on questions, respectively; 6. The words public counter shall mean a counter or other device which shall, at all times, publicly indicate how many times the machine has been voted on at an election; 7. The words protective counter shall mean a counter or protective device or devices that will register each time the machine is operated, and shall be constructed and so connected that it cannot be reset, altered, or

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operated, except by operating the machine; 8. The word custodian shall mean the person charged with the duty of testing and preparing the voting machine for the election, and instructing the election officers in the use of the voting machine; 9. The words election and elections, whenever used in this act, shall be held to include and mean all regular, special, primary or other elections held under or by the authority of any county in the State of Georgia having a population of 300,000 inhabitants or more according to the last or any future Federal Census, also any general and all other elections hereafter held in any such county, or in any part thereof; 10. The words registering compartment shall mean that part of the voting machine containing the registering counters. Section 24. Be it further enacted by the authority aforesaid, that any election officer, manager, or other person who shall violate any of the provisions of this act, or who shall tamper with, or injure, or attempt to injure, any voting machine to be used in or being used in any election, or who shall prevent or attempt to prevent, the correct operation of such machine, or any unauthorized person who shall make or have in his possession a key or keys to a voting machine to be used or being used in an election, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to undergo imprisonment for not more than one year or to pay a fine not exceeding one thousand dollars ($1,000.00), or both, in the discretion of the Court. Penalties Section 25. Be it further enacted by the authority aforesaid, the except as modified by the provisions of this act, the general laws regulating general, regular, special, primary, and other elections, where not inconsistent with this act, shall apply to all such elections, held in counties adopting machines under the provisions of this act. Any provisions of law which conflict with the use of such machine or machines as herein set forth, shall not apply to the election district or districts, precinct or precincts,

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in which an election is to be conducted by the use of such machine or machines. General Laws to Apply Section 26. Be it further enacted by the authority aforesaid, that it is hereby declared to be the intention of the General Assembly of the State of Georgia that, if this Act cannot take effect in its entirety, because of the judgment of a court of competent jurisdiction holding unconstitutional any section, paragraph or clause thereof, the remaining portions of this Act shall be given full force and effect, as completely as if the section, paragraph or clause held unconstitutional had not yet been included herein. Invalidity of Part Section 27. Be it further enacted by the authority aforesaid, that all acts or parts of acts of the General Assembly, in conflict with the provisions of this Act, are hereby repealed, so far as the conduct of elections in political subdivisions adopting voting machines is concerned. Approved January 31, 1946. ZONING AND PLANNING IN MUNICIPALITIES No. 553 An Act To authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations, to provide the procedure for zoning and planning, to provide for the establishment of planning boards and boards of adjustment 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. In addition to all other powers the governing authority of each municipality in this State is hereby authorized and empowered to make, adopt, promulgate, and from time to time, amend, extend, and add to regulations effective in the corporate limits of such municipality restricting height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open

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space, the density of population, the location and use of buildings and other structures, and the use, conditions of use, or occupancy of land for trade, industry, residence, recreation, transportation, agriculture, or other purposes; to provide for municipal planning; to provide for the regulation of subdivision of land; and to establish set-back lines for buildings and structures along the streets, lanes, avenues and roads, including power and authority to divide the said municipality into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this act; and within such districts they may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structures, and the use, conditions of use or occupancy of land; and in that case may adopt official zoning regulations including a map or maps, indicating the districts, and the regulations in district may differ from these in other districts. Power of Governing Authority Section 2. Such regulations shall be made in accordance with a comprehensive plan designed for the purposes, among others, of lessening congestion in the roads and streets; securing safety from fire, flood, erosion, and other dangers; providing adequate light and air; promoting the health and general welfare; encouraging such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate economic and adequate provisions for transportation, communications, roads, airports, water supply, drainage, sanitation, education, recreation or other public requirements; conserving and developing the natural resources; and protecting the food supply. Such regulations shall be made with reasonable consideration, among others, to the character of the districts and their peculiar suitability for particular uses, and to the minimum and maximum amounts of land required for particular uses, and with a general view of promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, and encouraging the most appropriate use and

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management of land in the municipality. Regulations According to Plan Section 3. In each municipality in which the governing authority undertakes to exercise the powers conferred in this act such authority shall appoint a board of not less than three or more than seven members to be known as the Municipal Planning Board and to have such terms (not to exceed four years) as the said governing authority may determine. Any citizen of the municipality may be appointed to membership on the board except members of the municipal governing authority. The Board shall elect one of its own members chairman and shall appoint a secretary, who may be an officer or employee of the municipality. The Board shall make its own rules of procedure and determine its time of meeting. If the said municipal governing authority desires it may, instead of appointing a planning board for the municipality, form a planning board in conjunction with the governing authorities of the county in which such municipality is located and thereupon may delegate to such joint planning board any or all of the powers and duties which under the terms of this Act are conferred on the Municipal Planning Board. Municipal Planning Board The municipal governing authority may provide for reimbursement of the members of the planning board for actual expenses incurred and shall provide for the filling of vacancies in the membership of such board, and for the removal of any member for cause, or written charges, after a public hearing. Expenses Section 4. Said governing authority may employ the services of a competent engineer or expert in municipal planning and zoning and such other employees as are necessary. All State officials, Departments and Agencies and like officials of the county in which such municipality is located, having information, maps and data pertinent for municipal zoning and planning are hereby authorized and directed to make such available for the use of the Planning Board as well as furnish such technical assistance and advice as they may have available for the purposes. Employment of Engineer

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Section 5. The said Planning Board shall have the authority to cooperate with the Planning and Zoning Boards of counties, cities, villages, or other municipalities, either within or without the county, in which such municipality is located, with a view to coordinating and integrating the planning and zoning program and to adopt such rules as may be thought proper to effect such cooperation. Cooperation Between Boards Section 6. The Commissioners of Roads and Revenue or other governing authority of any county in which there is a municipal planning board may designate such municipal planning board as the official planning board of such county and in the event of such designation and acceptance thereof by the municipal planning board and the governing authority of such municipality, the municipal planning board shall have all the powers and duties provided by law for the county planning board in such county. Municipal Planning Board to Serve County Section 7. The municipal planning board shall make for certification to the governing authority of the municipality a zong plan, or plans, including both the full text of the zoning regulations, and the maps representing the recommendations of the board for the regulation by districts or zones of the location, height, bulk and size of buildings and other structures, percentage of lot which may be occupied, size of lots, courts and other open spaces, the density and distribution of population, the location and use of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes and the use of land for trade, industry, recreation, agriculture, water supply conservation, or other purposes. Zoning Plan When the efforts of such board shall have reached the stage of tentative plans, the board shall hold at least one public hearing on each tentative plan separately submitted, notice of which hearing shall be given by publishing notice thereof in the official organ of the municipality at least fifteen days before the date of the hearing. The notice shall contain the time and place of hearing, and shall specify the place and time at which the tentative texts and maps of the Zoning Regulations may be examined. For

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the purpose of its public hearing or hearings the board shall have the power to summon witnesses, administer oaths and compel the giving of testimony. If after such public hearings or hearings, the planning board in the light of development at such hearings or hearings see fit to make changes in its plan no further hearings shall be required. Hearing Section 8. After receiving the certification of a zoning plan from the Planning Board and before the promulgation of any zoning regulations, the governing authority of the municipality shall hold a public hearing thereon, of which notice shall be given by publication once a week for the two weeks immediately preceding such hearing in the official organ of the municipality. Such notice shall state the place at which the text and maps as certified by the Planning Board may be examined. No change in or departure from the text or maps, as certified by the Planning Board, shall be made unless such changes or departure shall first be submitted to the Planning Board for its consideration and recommendation. The Planning Board shall have thirty days from and after such submission within which to send its report to the municipal governing authority, provided, however, that no approval, disapproval or suggestion of the Planning Board shall have more than advisory effect or shall in any wise bind the governing authority of the municipality. Notice of Hearing Section 9. The governing authority of the municipality, may from time to time, amend the number, shape, boundary or area of any district or districts, or any regulation of, or within such district or districts, or any other provisions of any zoning regulations, but no such amendment shall be made or become effective until the same shall have been proposed by or be first submitted for approval, disapproval or suggestions to the planning board. Any proposal, approval, disapproval or suggestions of the planning board shall have advisory effect only and not be binding on the said governing authority of the municipality, and, unless such planning board shall have transmitted its report upon the proposed amendment

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within thirty days after the submission thereof to it, the governing authority of the municipality shall be free to proceed to the adoption of the amendment without further awaiting the receipt of the report of the planning board. Before finally adopting any such amendment, the governing authority of the municipality shall hold a public hearing thereon, notice of which shall be given once a week for two weeks in the official organ of the municipality. Effect on Areas Advisory Effect Section 10. The governing authority of any municipality seeking to exercise the power conferred by this Act shall provide for a Board of Adjustment of not less than three nor more than five members and for the manner of appointment thereof. None of the members of the board shall be employees or officials of the municipality. Board of Adjustments The said governing authority shall fix the terms of the members of such board, which term shall be of sufficient length and so arranged that the term of not more than one member shall expire each year. The said governing authority may remove any member for cause on written charges after a public hearing. Any vacancy shall be filled by the said governing authority for the unexpired term. The said governing authority may appoint associate members of such board and in the event that any member be temporarily unable to act, due to absence from the municipality, illness, interest in a case before the board, or any other cause, his place may be taken during such temporary absence or disability by any associate member designated for the member. The governing authority of the municipality may specify and provide general rules to govern the organization, procedure and jurisdiction of such board of adjustment, which rules shall not be inconsistent with the provisions of this Act; and the board of adjustment may adopt supplemental rules of procedure, not inconsistent with this act or such general rules. The board shall elect one of its number as chairman and shall appoint a secretary. The secretary may be an employee of the municipality. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The

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members of such board shall have the power to summon witnesses, administer oaths and compel the giving of testimony. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, of absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record. Meetings Appeals to the board of adjustment may be taken by any officer, department, board or bureau of the municipality and also by any person or persons having a substantial interest in any decision of an administrative officer, or agency seeking to function under authority of or enforce any ordinance enacted pursuant to this act. Such appeals shall be taken as provided by the rules of the board of adjustment and shall be evidenced by filing with the secretary a written notice of appeal specifying the grounds thereof, and what modification of its decision is sought. The officer or agency from whose decision the appeal is taken shall forthwith transmit to the secretary of the board of adjustment all documents pertinent to the decision appealed from. The filings of such appeal shall stay all proceedings in furtherance of the actions or decisions appealed from, until it shall be passed upon by the board of adjustment. After such decisions proceedings in conformity herewith shall not be further stayed except as hereinafter provided. Appeals The board of adjustment shall fix a reasonable time for the hearing of the appeal, give such notice as it may deem necessary to acquaint persons interested in the decision, as well as due notice to the parties to the appeal, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by attorney at law. The board of adjustment shall have the following powers: Powers of Board of Adjustments 1. To hear and decide appeals where it is alleged by appellant that there is an error in any order, requirement, decision or determination made by an administrative

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official or agency in the enforcement of this act or of any regulation adopted pursuant thereto. 2. To authorize upon appeal in specific cases such variance from the terms of such regulations as will not be contrary to the public interst, where, owing to special conditions full demonstrated on the basis of the facts presented, literal enforcement of the provisions of the regulations will result in great practical difficulties or unnecessary hardship, and so that the spirit of the regulation shall be observed and substantial justice done. 3. To permit in appropriate cases, in harmony with the general purposes and intent of such regulations, a building or premises to be erected or used for public utility or public service purposes in any location which is reasonably necessary for public convenience and welfare. In exercising the above mentioned powers such board may, in conformity with the provisions of this act, reverse or affirm, wholly or partly or may modify the order, requirment, decisions or determination appealed from and may take such order, requirment, decision and determination as ought to be made, and to that end shall have all the powers of the offiver or agency from whom the appeal is taken. A majority of the board of adjustment shall constitute a quorum and a majority vote of the members hearing the appeal shall be sufficient to determine the appeal. Quorum Any person or persons who may have a substantial interest in any decision of the board of adjustment, or any officer, board or bureau of the said municipality, may appeal from any decision of the said board of adjustment to the Superior Court in and for the county in which such municipality lies by filing with the Clerk of the said Court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal will be filed within thirty days after the decision of the board of adjustment is rendered. Persons Who May Appeal Upon the filing of such an appeal the Clerk of the Superior Court shall give immediate notice thereof to the secretary of the board of adjustment and within thirty days from the time of such notice the board of adjustment

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shall cause to be filed with the said Clerk a duly certified copy of the proceedings had before the said board of adjustment, including a transcript of the evidence heard before it, if any, and the decision of the said board. Notice of Appeal Thereafter at the next term of the Superior Court, or in vacation upon ten days' notice to the parties, the judge of such court shall proceed to hear and pass upon the said appeal. The findings of fact by the said board of adjustment shall be final and conclusive on such appeal. In determing the questions presented by the appeal the court shall determine only whether the decision of the board of adjustment is correct as a matter of law. Judicial Procedure Any part at interest who is aggrieved by the judgment rendered by the Superior Court upon such appeal may have the same reviewed by appeal in the same manner as now provided by law for fast bills of exceptions to other judgments, orders and decrees of the Superior Courts. The filing of an appeal in the Superior Court from any decision of the said board of adjustment shall not ipso facto act as a supersedeas, but a supersedeas may be granted by the court upon such terms and conditions as may seem reasonable and proper. Supersedeas May Be Granted In the event that the decision of the Board of Adjustments should be reversed by the Superior Court the said board of adjustments shall be cast with the costs and the same shall be paid by the municipality. Costs Section 11. In lieu of a separate board of adjustment for any municipality, it may join with one or more municipalities having similar zoning and planning authority in the establishment of a joint board of adjustment of five members having all of the jurisdiction, powers and incidence of the boards of adjustment for the several municipalities. Such joint board of adjustment may hold its hearings at such place or places in any of the municipalities within its jurisdiction as it may determine but the jurisdiction for appeal from such joint board of adjustment shall lie in the Superior Court of the County in which the particular question arose. The several municipalities shall have authority to defray the proper expense

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of such joint board of adjustment and apportion such expenses among the participating municipalities. Joint Boards The governing authority of any municipality located in whole or in part within the limits of any county may designate the County board of adjustments as the official municipal board of adjustments of said municipality and in the event of such designation and acceptance thereof by the governing authority of the county, the County Board of Adjustment shall have all of the powers and duties as provided by law for the municipal board of adjustment. County Boards May Serve Municipality Section 12. The lawful use of a building or structure, or the lawful use of any land, as existing and lawful at the time of the promulgation of zoning regulations, or in the case of an amendment of zoning regulations, then at the time of such amendment, may, except as hereinafter provided, be continued although such does not conform with the provisions of such regulations or amendment, and such use may be extended throughout the same building provided no structural alteration of such building is proposed or made for the purpose of such extension. The governing authority of such municipality may provide in any zoning regulations for the restoration, reconstruction, extension or substitution of non-conforming uses upon such terms and conditions as may be set forth in the zoning regulations. Such governing authority may in any zoning regulations provide for the termination of non-conforming uses, either by specifying the period or periods in which non-conforming uses shall be required to cease, or by providing a formula or formulae whereby the compulsory termination of non-conforming uses be so fixed as to allow for the recovery or amortization of the investment in the non-conformance. Pre-existing Structures Section 13. The said Planning Board shall study the resources, possibilities and needs of the municipality and shall prepare a master plan and maps for the systematic future development of the said municipality and from time to time in the manner hereinbefore provided make such recommendations to the governing authority as may

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be deemed advisable. Study of Resources Section 14. The Municipal Planning Board shall recommend to the governing authority of the municipality regulations to govern the subdivision of land in the several districts and zones of the county and after receiving such recommendation the municipal governing authority shall adopt rules and regulations, but they shall not be bound to adopt any of the regulations recommended by the Planning Board. Before such regulations are adopted a public hearing with notice thereof given as provided in Section 8 hereof shall be afforded. Recommendation of Regulations Section 15. After the adoption of such rules and regulations before any street or road is opened or extended by private authority or before any new sub-division for residence, business or industrial use is made, the person or persons proposing to open or extend such streets or roads or make such new subdivisions shall submit a detailed plan of the same with such other data as may be required by such regulations to the Planning Board who shall carefully examine them with regard to their nature and purpose, the width, character and location of such streets, alleys and road in such subdivision and the size, material, location, grades and manner of laying of water mains and sewer lines and shall than transmit such plan with its recommendation thereon in writing to the governing authority of such municipality and this authority shall either approve or disapprove such plan. If it be disapproved the reasons for such disapproval shall be stated in writing and a reasonable opportunity given the applicant to meet such objections. It shall be unlawful to lay out or open any such street, alley, road or subdivision without the approval of the governing authority of the municipality of such plan shall be deemed an acceptance of the dedication shown thereon on behalf of the public, but shall not impose any duty on the municipality concerning maintenance or improvement. The method of appeal provided in Section 10 shall apply to applications for approval of plans denied under this section. Plan of Streets Section 16. In case any building or structure is erected,

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constructed, reconstructed altered or repaired, converted or maintained, or any structure or land is used in violation of this Act, or of any regulations duly made under the authority conferred hereby, or in the event of the violation by any person or persons of any of the provisions of this Act, such violation in respect shall be held to be a misdemeanor under the laws of the State, and the offender upon conviction shall be punished as for a misdemeanor and any court of the county in which such municipality lies having jurisdiction of misdemeanor cases shall have jurisdiction to try such offenders and upon conviction to so punish them; and provided further that each day that any structure or land is used in violation of the Act shall constitute a separate offense. In any case in which any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is or is proposed to be used in violation of this Act or of any regulation or amendment thereof, enacted or adopted by the governing authority of the county under the authority granted by this Act, such authority, the legal counsel of such municipality or any owner of real estate within the district in which such buildings, structure of land is situated, may, in addition to other remedies provided by law, institute injunction, abatement or any appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance, or use. Penalties In case of contempt by any party, witness or other person before either the Planning Board or the Board of Adjustment, such board may certify such fact to the Superior Court of the county wherein such contempt occurs and the judge of said court, either in term time or vacation after hearing, may punish such person as for a contempt of the Superior Court. Section 17. The governing authority of the municipality is empowered to appropriate out of the general municipal funds, such monies, otherwise unappropriated, as they may deem necessary and proper to finance the work of the Municipal Planning Board and the Board of Adjustment

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and to enforce the zoning regulations and restrictions which are adopted; and to accept grants of money, for these purposes, from either private or public sources, State or Federal. Funds Section 17A. This act shall not affect any municipailty now having a system of zoning and planning ordinances and regulations unless the governing authority of such municipality shall by resolution declare this act to be effective. Not to Affect Present Systems Section 18. If any portions or provisions of this Act may be found unconstitutional, such invalidity shall not affect any other portion or provision of this Act. Invalidity of Part Section 19. All Acts and parts of Acts in conflict with this Act be and the same are hereby repealed. Approved January 31, 1946. ZONING REGULATIONS IN CERTAIN COUNTIES No. 534 An Act To authorize any county in this State having a population of not less than 24100 and not more than 24,200 inhabitants, according to the 1940 Federal Census, or that may have a population within said limits by any future Federal census, to pass, through the Board of County Commissioners of Roads and Revenues or the ordinary or county Commissioner, as the case may be, having charge of the fiscal affairs of any such county or counties, zoning and planning laws whereby such counties may be zoned or districted for various uses and other different uses provided therein, and regulating the use for which such zones or districts may be set apart; and regulating the plans for development and improvement of real estate therein; to provide for the publication of zoning and planning laws; and to provide for injunctive relief against the violation and further violation of any such law or laws; provided, however, no zone or district may be created or established without the consent of fifty-one per cent. of the owners of property in said zone or district; and for

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other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, as follows: Section 1. That from and after the passage of this Act, the Board of County Commissioners of Roads and Revenues, or the ordinary or county Commissioner, as the case may be, having charge of the fiscal affairs of any county or counties having a population of not less than 24,100 and not more than 24,200 inhabitants, according to the 1940 Federal census, or any county or counties having a population within said limits according to any future Federal census, are hereby authorized to pass zoning and planning laws whereby such county or counties may be zoned or districted for various uses and other or different uses provided therein, and regulating the use for which said zones or districts may be set apart and regulating the plans for development and improvement or real estate therein. Provided, however, no zone or district may be created or established without the consent of fifty-one per cent. of the owners of property in said zone or district. Certain Counties Specified Section 2. That any law that shall be made by any such county authority, shall be spread upon the minutes of said board, or ordinary, or county Commissioner, and published for one time in the newspaper wherein is published and sheriff's legal advertisements for such county: and such law shall not become effective until the expiration of thirty days from the date of such advertisement. Publication of Law Section 3. That any individual who may be injured by a violation of any such law made by such county authorities, may apply for and secure injunctive relief against any person who is violating such law, without making the county a party thereto; but the county shall have the right to resort to equity to prevent the violation or further violation of any law promulgated by it. Injunctive Relief Section 4. That any person who shall wilfully violate any valid law promulgated by any such county, shall be

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guilty of a misdemeanor and be punished by a fine of not less than ten dollars nor in excess of one hundred dollars or imprisoned for not less than ten days nor more than thirty days, or both. Penalties Section 5. That if any portion of this Act should be declared invalid for any reason, the same shall not affect the other portions thereof. Invalidity of Part Section 6. That all laws and parts of law in conflict herewith are hereby repealed. Approved January 31, 1946.

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TITLE VI EDUCATION ACTS. County Boards of Education Georgia Military College, Local Board of Trustees Regents of University System Schools, Operation on Twenty-four Hour Basis in Certain Municipalities COUNTY BOARDS OF EDUCATION No. 634 An Act To amend Chapter 32-9 of the Code of Georgia of 1933, as amended, relating to the powers and duties of county Boards of Education, by striking and repealing from said chapter all references to local or consolidated school districts trustees and sub-districts; by repealing the powers of the county Boards of Education with respect to the consolidation, re-arrangement or division of school districts; by providing the conditions and manner in which children of one school district may attend the schools of another school district; by amending Section 10 of the Act of 1937 (Ga. Laws 1937, P. 882, 887), relating to period of operation of schools by repealing the words or the board of trustees of any local school district in lines two and three of said section; by repealing all reference to local tax district schools, other than independent school systems; by amending Chapter 32-11 of the Code of Georgia of 1933, as amended, by repealing and amending sections of said chapter relating to the powers of local or consolidated school district trustees to levy and collect taxes, and by providing the manner in which school trustees shall be elected or appointed and prescribing their powers and duties; by amending Chapter 32-14 of the Code of Georgia of 1933, as amended, relating to the building of school houses in local tax districts, by repealing and amending the sections of said chapter relating to the elections for bonds, the levy of taxes to retire said bonds

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and the building of school houses or the purchase of property with the proceeds derived from the sale of said bonds; to vest the county Boards of Education of each county with the power and authority to build school houses, to recommend the levy of taxes to retire bonded intedbtedness in any local or consolidated school district, to provide for delivery of books, papers, records, etc., and the payment by local or consolidated school district treasurers of sinking funds or other school funds held by them for the retirement of bonded indebtedness or other school debts to the county Board of Education, and the audit of bond accounts; to make it the duty of the county Board of Education to disburse to bond holders all funds collected for the retirement of bonded indebtedness on behalf of local or consolidated school districts; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Code Chapter 32-9 Amended Section 1. That Section 32-909 of the Code of Georgia of 1933, as amended, be and the same is hereby amended by striking the words belonging to the sub-districts now or hereafter defined as they appear in line 8 of said section, and by striking the words either by labor on the part of the citizens of the sub-districts, or by a tax on their property as they appear in lines 26 and 27 of said section, and inserting in lieu thereof the words by a tax on all property located in the county and outside the territorial limits of any independent school district. New words added Section 2. That Section 32-911 of the Code of Georgia of 1933, as amended, relating to the vaccination of pupils of public schools, be and the same is hereby amended by striking and repealing from said section the words local system as they appear in line 2 of said section, and inserting in lieu thereof the words independent school system. Local system amended to read independent school system Section 3. That Section 32-915 of the Code of Georgia of 1933, as amended, relating to the power of the county

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Board of Education to consolidate schools, be and the same is hereby amended by repealing the words located in the same or different districts in line 4 and by repeating the last sentence of said section, relating to the election of consolidated school district trustees, in its entirety. Code 32-915 amended. Section 4. That Sections 32-916 and 32-917 of the Code of Georgia of 1933, as amended, relating respectively to the powers of the county Board of Education to divide school districts and to consolidate or re-arrange school districts be and the same are hereby repealed in their entirety. Code 32-916 and 32-917 Repealed in Entirety Section 5. That Section 32-919 of the Code of Georgia of 1933, as amended, relating to the powers of county Boards of Education or local district trustees to provide for the transportation of pupils and teachers, be and the same is hereby amended by striking and repealing from said section the words, or local school district trustees as they appear in line 2 of said section; and by inserting between the words trustee and teacher in line 5 the words member of the county Board of Education. Code 32-919 Amended Section 6. That Section 32-938 of the Code of Georgia of 1933, as amended, relating to the attendance of children residing in one sub-district in schools located in another school district, be and the same is hereby amended by striking and repealing the words sub-district in line 2 and line 4 of said section and inserting in lieu thereof in each instance the word county; and by adding at the end of said section the following: Code 32-938 Amended The word `near' as used herein shall mean within two miles of the school of the adjoining county, measured by the shortest route by public road. When the county officials fail to arrange or contract for the attendance of such children, as aforesaid, the parents of such children shall have the right, by mandamus, to compel the county Board of Education of the county of their residence to make such a contract, or to appeal to the State Board of Education. The decision of the State Board of Education shall be final and binding on the local board.

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Section 7. That Section 32-943 of the Code of Georgia of 1933, as amended, exempting school property from levy and sale, be the same is hereby amended by striking and repealing from said section the words or consolidated school district for the use of the common schools, or common high schools of they appear in lines 3, 4 and 5 of said section, and by striking or repealing the words or consolidated school districts in lines 12 and 13 of said section. Code 32-943 Amended Section 8. That Section 32-1101 of the Code of Georgia of 1933, as amended, relating to the duties of the county Boards of Education to lay off school districts, be and the same is hereby repealed, and the following is hereby enacted in lieu thereof: Code 32-1101 Repealed and New Section Enacted Pursuant to the amendment to the Constitution adopted in 1945, each county of this State, 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. Section 9 That Section 32-1102 of the Code of Georgia of 1933, as amended, relating to the powers of county Boards of Education to lay off and divide school districts without regard to county lines, be and the same is hereby repealed in its entirety; and that Section 32-1103 of said Code, relating to the failure of county Boards of Education to lay off districts, be and the same is hereby repealed in its entirety. Code 32-1102 and 32-1103 Repealed in Entirety Section 10. That Section 32-1104 of the Code of Georgia of 1933, as amended, relating to the election of local school district trustees, be and the same is hereby repealed in its entirety, and in lieu thereof the following is enacted: Code 32-1104 Repealed in Entirety and New Section Enacted The county Board of Education of each county, exclusive of those counties having local school systems created prior to the adoption of the Constitution of 1877, may within thirty days from the enactment of this law appoint not less than three nor more than five local school trustees for each school in the county. Each person

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so appointed shall be a free holder and manifestly interested in education, and be a resident of the county where he is appointed. Each person so appointed shall have a term of four years, and should any vacancy occur due to death, resignation, change of residence from the county where appointed, or otherwise the county Board of Education shall, at its next regular meeting after such vacancy occurs, appoint a successor to fill said vacancy. The trustees so elected or appointed shall elect one of their members as chairman and another as secretary. All trustees shall serve without compensation; provided, nevertheless, the trustees of each School District as constituted prior to August 7, 1945, shall be the trustees of each school in said district until their respective terms expire. Section 11. That Section 32-1105 of the Code of Georgia of 1933, as amended, relating to the duties of the trustees and treasurer of said trustees, be and the same is hereby repealed in its entirety, and there is enacted in lieu thereof the following: Code 32-1105 Repealed in Entirety and New Section Enacted The duties of the school trustees appointed or elected by the county Board of Education, as aforesaid, shall be advisory in nature. They shall made recommendations to the county Board of Education as to budgets, employment of teachers, and other authorized employes, and as to other matters relating to the school of which they are trustees. Such recommendations shall be merely advisory and the county Board of Education is not bound to observe or follow the same. They shall serve without compensation. The bonded treasurer of each consolidated or local school district now serving as such shall, within thirty days from the effective date of this Act, turn over to the county Board of Education all school funds now held by him or deposited in his name or in the name of the local or consolidated school district in any county or State depository, either derived from maintenance tax or from taxes levied to retire bonded indebtedness of the school districts in which he serves, and shall take a receipt therefor from the secretary of the County Board of Education, and shall also

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turn over to said Board all books, paper, receipts, documents and other property belonging to the school district of which he is treasurer. Upon the failure of said treasurer to do so, the county Board of Education may, be mandamus, compel him to do so. Section 12. That Section 32-1106 of the Code of Georgia of 1933, as amended, relating to local tax elections for counties, be and the same is hereby repealed in its entirety, and the following is enacted in lieu thereof: Code 32-1106 Repealed in Entirety and New Section Enacted The county tax collector shall continue to collect unpaid county school taxes formerly levied and payable under the provisions of Section 32-1106, and shall be entitled to commission of 2 per cent for collecting the same. He shall pay over to the Board of Education all [Illegible Text] collected for the schools once a month. He shall also collect all county school taxes levied under the authority of Article 8, Section 12, Paragraph 1 of the Constitution of this State, upon which collections he shall receive a commission of 2 per cent. He shall likewise pay over to the county Board of Education once a month, all monies collected under such levies. In those counties where the Tax Collector or Tax Commissioner is on a salary basis the fees herein provided for shall be collected by him and paid over to the proper fiscal authorities. Section 13. That Section 32-1108 and 32-1110 of the Code of Georgia of 1933, as amended, relating respectively to elections in local districts authorize levies of additional tax for educational purposes, and election to repeal local tax laws, are hereby repealed in their entirety. Code 32-1108 and 32-1110 Repealed in their Entirety Section 14. That Section 32-1111 of the Code of Georgia of 1933, as amended, relating to local school systems, be and the same is hereby amended by repealing the words to establish and in line 4 and inserting in lieu thereof th words now authorized by law to operate independent school systems to, and by repealing the last two sentences of said section. Code 32-111 Amended Section 15. That Section 32-1112 of the Code of Georgia

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of 1933, as amended, relating to the establishment of school systems in cities and towns, be and the same is hereby repealed in its entirety; and Section 32-1113, relating to the powers and duties of hte trustees and secretary of local school districts levying taxes for aducational purposes, be and the same is hereby repealed in its entirety, and there is enacted in lieu thereof the following: Code 32-1112 Repealed in Entirety and 32-1113 Repealed in Entirety and New Section Enacted Within thirty days from the effective date of this Act the secretaries of all school districts which formerly levied a local tax for educational purposes shall turn over to the county Board of Education all of his official books, records, receipts, school funds, vouchers, and other school property held by him, together with all tax digests which he was required to keep. Section 16. That Section 32-1114 of the Code of Georgia of 1933, as amended, relating to the duties of the tax collectors to collect local or consolidated school district taxes, and Section 32-1115, relating to the tax returns of citizens, and the arbitration thereof, be and the same are hereby repealed. Code 32-1114 and 32-1115 Repealed Section 17. That Section 32-1118 of the Code of Georgia of 1933 as amended, relating to the making of returns to the Comptroller General by and for school districts upon the property and franchises of certain corporations, be and the same is hereby amended by repealing the words Comptroller General in lines 4 and 5 of said section and inserting in lieu thereof the words State Revenue Commissioner, and by repealing the last sentence of said section and inserting in lieu thereof the following: Code 32-1118 Amended The county Board of Education shall annually recommend to the fiscal authorities of the county the rate of levy to be made for taxes for the support and maintenance of education in the county, (exclusive of property located in independent school districts), and likewise notify the State Revenue Commissioner of the rate of the levy to be made on such property in said county for the support and maintenance of education. Section 18. That Section 32-1119 of the Code of Georgia of 1933, as amended, relating to reports by and compensation

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of the secretary and treasurer of local or consolidated school districts; and Section 32-1120, relating to the bond of the treasurer; and Section 32-1121, relating to the failure of the treasurer to give bond; and Section 32-1122, relating to the method of disbursement of funds by the treasurer or secretary, and Section 32-1123, relating to the audit of books and acts of the treasurer or secretary, and Section 32-1124, relating to the application of said law, and Section 32-1125, relating to elections held under said law, and Section 32-1126, relating to observance of general school laws by local districts, be and the same are hereby repealed, and in lieu of Section 32-1123, there is hereby enacted the following: Code 32-1119 to 1126 inclu. Repealed and a New Section 32-1123 Enacted The treasurer or the secretary and treasurer shall, within thirty days from the effective date of this Act, turn over to the county Board of Education all official books, records, and vouchers, together with any other property belonging to the school district which he represents. Section 19. That Section 32-1128 of the Code of Georgia of 1933, as amended, relating to the conduction of additional tax levy elections; and Section 32-1129, relating to successive tax election; and Section 32-1130, relating to the levy of such additional taxes; and Section 32-1131, relating to elections to repeal additional taxes; and Section 32-1132, relating to the power of Board of Trustees of local school districts to borrow money to pay teachers; and Section 32-1133, relating to the procedure to be followed in borrowing money; and Section 32-1134, relating to the execution of notes for loans; and Section 32-1135, relating to the period for the repayment of loans, be and the same are hereby repealed in their entirety. Code 32-1128 to 32-1135 inclu. Repealed in their Entirety Section 20. That Section 32-1401 of the Code of Georgia of 1933, as amended, relating to the elections for bonds to build and equip school houses in school districts, be and the same is hereby repealed in its entirety, and the following is enacted in lieu thereof: Code 32-1401 Repealed in Entirety and New Section Enacted The county Board of Education of each county shall succeed to and be vested with all of the rights, powers

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and duties formerly vested in the local or consolidated school district trustees with respect to the building and equipping of school houses in the county, preparing tax digests and furnishing same to the tax collector of the county in the manner formerly provided by Section 32-1113 of the Code of 1933. Section 21. That Section 32-1402 of the Code of Georgia of 1933, as amended, relating to the possession and the use of the proceeds of school bond issues, be and the same is hereby repealed in its entirety, and there is enacted in lieu thereof the following: Code 32-1402 Repealed in Entirety and New Section Enacted In any local or consolidated school district in any county where there is an outstanding bonded indebtedness created for the purpose of building school houses, or equipping school houses, the County Board of Educationl shall, upon the effective date of this Act, become the trustee of all funds which shall have been or may be collected from taxes or received from other sources, for the purpose of retiring the principal and interest on said bonds, or for creating a sinking fund for said purpose. The County Board of Education is charged with the duty of disbursing said funds to the bond holders in accordance with the terms under which the bonds were issued, and the duty of constructing any buildings, acquiring any building sites, or any equipment for which the bonds were issued. The county Board of Education shall also annually, within the time required by law, or the terms of said bond issue, recommend to the fiscal authorities of the county, the levy upon the property subject to taxation in the district originally voting said bonds, such tax as may be necessary to provide a sinking fund for the retirement of said bonds and for paving the principal thereof and the interest thereon, in accordance with the terms under which said bonds were issued; this to be in addition to the general tax for the maintenance of the schools of said districts. Within thirty days from the effective date of this Act, the bonded treasurer or bonded secretary and treasurer

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of each local or consolidated school district in each county, in which there is an outstanding bonded indebtedness for school house bonds, or for equipping school houses, or for acquiring sites and building school houses, shall deliver to the county Board of Education of the county all of his books, papers, digests, documents, receipts, vouchers, and other instruments relating to said outstanding bonded indebtedness; and at the same time shall render a statement, under oath, as to the status of said bonds. Said statement shall show the principal amount due on said bonds, the interest due on said bonds, the names and addresses of the bond holders of said bonds, the rate of tax previously levied upon the property of the district for the retirement of said bonds and the interest thereon; the total amount of payments made upon said bonds and the date thereof; the territorial limits and boundaries of the school district in which said bonds are outstanding; and the name and address of the county or State depository in which any sinking fund for the retirement of said bonds is deposited, the amount of said sinking fund, and the name in which said sinking fund is deposited. Upon the delivery of said things and statement to the county Board of Education, the local or consolidated school district bonded treasurer or secretary and treasurer shall be considered discharged from any further duties with respect to said bonds or sinking funds, and the county Board of Education shall, within thirty days of such delivery, provide for the auditing of the bond account. It shall be the duty of the county Board of Education to make a full report to the Grand Jury of the county of any discrepencies revealed by said audit in the bond account and to enlist the aid of the County Attorney in collecting from the bond of said treasurer or secretary and treasurer any funds of said bond account which may have been misapplied, misappropriated, or otherwise improperly dealt with by said official, and to collect the same and pay said monies over to the county Board of Education. If the audit of the bond account

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reveals the same has been properly administered, then there shall be no duty on the part of the county Board of Education to make any report thereof to the Grand Jury of the county. Section 22. That Section 10 of the Acts of 1937 (Ga. Laws 1937, pages 882-887), relating to the period of operation of schools, be and the same is hereby amended by repealing the words or the board of trustees of any local school district in lines 2 and 3 of said section. Sec. 10, Acts of 1937 (Ga. Laws, 1937 pp. 882-887) Amended Section 23. That Section 32-1403 of the Code of Georgia of 1933, as amended, relating to bond elections and taxes to pay bonds for building and equipping school houses and buying sites therefor, be and the same is hereby repealed in its entirety and the following enacted in lieu thereof: Code 32-1403 Repealed in Entirety and New Section Enacted That hereafter, when any county Board of Education shall deem it to the best interests of education in the county to incur any bonded debt for building, equipping or purchasing sites for the building and equipping of school houses, pursuant to Article 7, Section 7, Paragraphs 1 and 2 of the Constitution of 1877, as amended in 1945, the election required shall be called and held in the manner prescribed by Chapter 87-2 of the Code of Georgia of 1933, as amended, and the bonds shall be validated in the manner provided by Chapter 87-3 of the Code of Georgia of 1933, as amended. The purpose of this amendment is to permit and require the same procedure to be followed in the voting, issuance, levying of taxes for, and the retirement of bonds issued by county Boards of Education for building and equipping school houses, or purchasing sites therefor, as is required in the case of municipalities and other county bonds. Provided, however, that in such elections persons residing within territorial limits of independent school districts may not participate as qualified voters in said election, and should said election result favorably to the issuance of said bonds, the property located within the limits of an independent school district shall not be subject to taxation for the retirement of any

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bonds so issued. Section 24. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 1, 1946. GEORGIA MILITARY COLLEGE, LOCAL BOARD OF TRUSTEES No. 596 An Act To amend an Act approved August1, 1922 (Acts 1922, pp. 110-113) entitled An Act to provide a local Board of Trustees for Georgia Military College; to prescribe the manner of electing members of said Board, to fix their terms of office, etc., by adding thereto a new section to be designated Section 10A to provide that it shall be the duty of the Secretary of the Board of Trustees of Georgia Military College to make a call and give notice of the election of Trustees thirty days before the fourth Tuesday in August of each year where an election is held under the provisions of Section 10 of the Act hereby amended; to provide that candidates for election as Trustees shall qualify with the Secretary of the Board of Trustees by filing written notice of their intention to be candidates ten days prior to the day of the election; to provide that the Secretary of the Board of Trustees shall be removed from office and shall be punished as for a misdemeanor as a penalty for failure to call the election as herin provided for; 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 1, 1922 (Acts 1922, pp. 110-113) entitled An Act to provide a local Board of Trustees for Georgia Military College; to prescribe the manner of electing member of said Board, to fix their terms of office; etc., be and the same is hereby amended by adding thereto a new section hereby designated as Section 10A, which new section shall read as

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follows: Section 10A. It shall be the duty of the Secretary of the Board of Trustees for Georgia Military College biennially in the year an election is held for a trustee for Georgia Military College as provided for in Section 10 of the Act hereby amended to call such election thirty days prior to the fourth Tuesday in August, and to publish the call of the election in the paper wherein legal advertisements are published for the City of Milledgeville. Candidates for the office of trustees desiring to run in such an election shall qualify with the Secretary of the Board of Trustees for Georgia Military College by filing written declaration thereof ten days prior to the date of the election. Should the Secretary of the Board of Trustees of Georgia Military College fail or refuse to call the election and publish the notice thereof as herein provided for, such Secretary shall be removed from office and shall also be punished as for a misdemeanor. Election of Trustees Section 2. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved January 31, 1946. REGENTS OF UNIVERSITY SYSTEM No. 624 An Act To repeal an Act approved February 14, 1935, entitled An Act to define the status of the Regents of the University System of Georgia and of the members of the Boards of Regents of the University System of Georgia; to declare the State's title and ownership of property held by the Regents of the University System; to limit and restrict the powers of the Regents of the University System and the members of the Board of Regents; and for other purposes; and to restore the status of the title to the property and the status and powers of Regents of the University System of Georgia and of the Board of Regents to the full extent as if said act had never been enacted.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same: Section 1. That the Act of the General Assembly of Georgia approved February 14, 1935, entitled An Act to define the status of the Regents of the University System of Georgia and of the members of the Board of Regents of the University System of Georgia; to declare the State's title and ownership of property held by the Regents of the University System; to limit and restrict the powers of the Regents of the University System and the members of the Board of Regents; and for other purposes be and the same is hereby repealed. The status of the title to the property and the status and of powers of the Regents of the University System of Georgia and of the Board of Regents are hereby restored to the full extent as if said Act has never been enacted. Act Approved February 14, 1935 Repealed Previous Status Restored Approved February 1, 1946. SCHOOLS, OPERATION ON TWENTY-FOUR HOUR BASIS IN CERTAIN MUNICIPALITIES No. 573 An Act To authorize Boards of Education of cities and counties having a population or more than 300,000 according to the last or any future census of the United States Bureau of Census to establish and operate schools on a twenty-four hour basis and to pay the cost thereof; to provide for the assignment of children to such school; to provide for the utilization by such boards of education of other facilities for this purpose; to repeal conflicting laws; and for other purposes. Section 1. This Act shall apply to all counties and cities having within their limits a population of more than 300,000 according to the last or any future census of the United States Bureau of Census. Applicability Section 2. This Act shall be considered supplemental to Chapter 24, Juvenile Courts, Code of Georgia. Supplemental to Code Chapter 24 Juvenile Courts Section 3. It is declared to be the purpose of this bill to provide for the care and training of children coming within

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the influence of Section 24-2402, Code of Georgia. To this end, the Boards of Education of such cities or counties, or such other public official or officials as may have charge of the public school systems of such cities or counties, may provide for the establishment and operation of schools for the instruction, board and housing on a twenty-four hour basis of children specially requiring such care, training and protection. Such schools may be established and operated separately by such city or such county or may be operated jointly under an appropriate contract as authorized by the Constitution and laws of this State. Purposes of Act Section 4. It is declared to be the purpose of this Act to provide special care, protection and training for children: (a) When the child so deports himself or is in such condition or surroundings, or under such improper or insufficient guardianship or control as to endanger the morals, health and general welfare of such child, or interfere substantially with his education in the regular schools. (b) Where the child is so mentally defective, or so delinquent, or so neglected, as to make it advisable for his welfare and welfare of the community that he be assigned to a parental school. Section 5. Children may be assigned to such schools in the following manner: (a) The consent of the parent, guardian, or other person having custody or control of the child should be procured if possible. How Children Assigned (b) The Judge of the Juvenile Court having jurisdiction over such child may assign the child to this school upon such terms and conditions as he may fix. In such a case, the judge of the Juvenile Court will follow the terms and provisions of Chapter 24, Code of Georgia. (c) No child shall be admitted to such school without approval of the superintendent or other person having charge of the public school system of the county or city in which the child resides. Section 6. Any child assigned to any such school may

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be discharged therefrom by the judge of the Juvenile Court if discharge cannot be effected by mutual consent. In such a proceeding, the judge shall be guided by Chapter 24, Code of Georgia. Discharge by Judge of Juvenile Court Section 7. The school authorities of such cities and counties may contract with the authorities of other political subdivions of the State as now provided by the Constitution and laws of the State of Georgia. Other Contracts Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 31, 1946.

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TITLE VII COURTS ACTS. Bonds of Superior Court Clerks of Certain Counties Deputy Clerks Superior Courts, Salary in Certain Counties Fees of Clerks and Sheriffs in Divorce Cases in Certain Counties Fees, Superior Court Clerks Funds Received from Fines in Certain Counties Judge of the Superior Courts, Emeritus Jurisdiction of Justices of The Peace Photostatic Equipment for Superior Court Clerks in Certain Counties Salaries of Court Bailiffs in Certain Counties BONDS OF SUPERIOR COURT CLERKS OF CERTAIN COUNTIES No. 577 An Act To fix the Penal amount of Bonds required of Clerks of Superior Courts in Counties having a population of more than two hundred thousand according to the last or any future census o fthe United States Bureau of Census. 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. This Act shall apply to all counties in this State having a population of more than two hundred thousand according to the last or any furtue census of the United States Bureau of Census. Applicability Section 2. The clerk of the Superior Court of any such county shall be required to file with the Commissioner of Roads and Revenues or other governing authority of any such county a surety bond in penal sum of $30,000.00 conditioned for the faithful performance of duty and the proper and timely accounting for all monies collected by him belonging to the county. Amount of Bond Section 3. The premium to secure such bond shall be paid out of the County Treasury and shall be a liability

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of any such county. Premium, How Paid Section 4. The surety on such bond shall be a surety company authorized to do business in the State of Georgia and shall be selected by such Clerk required by this Act to file the bond. Surety Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 31, 1946. DEPUTY CLERKS SUPERIOR COURTS, SALARY IN CERTAIN COUNTIES No. 557 An Act To authorize the Commissioners of Roads and Revenues, or other officials having control of the fiscal affairs, of the counties in the State of Georgia, having a population of not less than 15,140 and not more than 15,200 according to the Federal Census of 1940 and future census, to fix and pay, in their discretion, a salary of not more than $100 per month to the deputy clerks of Superior Courts of such counties; to require such Deputy Clerks to perform, in addition to his or her duties as deputy clerks of the Superior Courts, such other duties as may be designated and fixed by the Commissioners of Roads and Revenues, or other officials having control of the fiscal affairs of the county; to provide that this Act shall take effect when approved by the Governor and shall remain of force and effect and be operative for a period of only two years; 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 approvall of this Act, the Commissioners of Roads and Revenues, or other officials having control of the fiscal affairs of the county, of all counties having a population of not less than 15,140 and not more than 15,200 according to the Federal Census of 1940 and all future census, are hereby authorized,

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in their discretion, to fix and pay the deputy clerks of the Superior Court of such counties a salary not to exceed $100 per month. Maximum Salary Section 2. That the deputy clerks receiving a salary from the Commissioners of Roads and Revenues or other county fiscal authorities, as provided for in this Act, shall perform, in addition to his or her present duties as deputy clerk of the Superior Court, such other duties as may be designated and fixed by the Commissioners of Roads and Revenues, or other fiscal officers of the county, paying said salary. Additional Duties Section 3. That this Act shall take effect and become operative when approved by the Governor, and shall remain of force and effect for a period of two years there-after, and at the end of the two year period shall become null and void and have no fore or effect. When Effective Section 4. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved January 31, 1946. FEES OF CLERKS AND SHERIFFS IN DIVORCE CASES IN CERTAIN COUNTIES No. 481 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 22,055 and/or more than 22,100 persons. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that in all counties of said State having a population according to the United States census of 1940 or any future census of not less than 22,055 and/or more than 22,100 persons the fees of the clerks of the Superior Courts and the sheriffs of said courts in all divorce cases filed in said county shall be paid in the following manner. That the

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party filing said petition for divorce or alimony shall make an advance deposit of ten ($10.00) dollars before said Clerk shall be authorized to file said petition, as now required by law, and that the party filing said petition is required by the presiding Judge of said courts to pay all of the balance of accrued cost due in said divorce cases before the court would be authorized to sign the decree in said case. How 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 January 30, 1946. FEES, SUPERIOR COURT CLERKS No. 601 An Act To amend An Act to prescribe the fees of the Clerks of the Superior Courts in this State, and to provide for the payment of the same, approved September 27, 1881 (Acts 1880-81 Page 87) and designated as Sections 24-2727 and 24-2728 of the Code of 1933; 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 Clerks of the Superior Courts of this State shall be entitled to charge and collect the following fees for official duties performed by them; provide that in all counties in this State where the clerk of the Superior Court is on a salary basis the fees herein provided shall be paid into the County Treasury, to-wit: List of Fees IN CIVIL CASES: Cancellation of deeds and mortgages .25 Minimum recording fee for deeds, mortgages or contracts .50 For each day service in attendance upon the Courts 10.00 The per diem for attendance upon the Courts shall be paid from the treasury of the respective counties of this State.

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IN CRIMINAL CASES: For service in entering and docketing bills of indictment, presentments, no bills and/or accusations or indictments and/or accusation record 3.00 For services in cases where the defendant is tried, or pleads guilty, or there is a settlement 9.00 For service in docketing and entering bills of indictment or presentments on Minutes in cases of Nolle Prosequi 4.00 For issuing each summons .50 For entering any record on minutes, not specified, per 100 words .20 Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed; but all Statutes or laws in force in this State which provide compensation for Clerks of the Superior Courts for the discharge of duties not herein enumerated or provided for, shall remain in full force and effect. Certain Acts Still in Effect Approved January 31, 1946. FUNDS RECEIVED FROM FINES IN CERTAIN COUNTIES No. 590 An Act To provide, in each of the counties of this State having a population of not less than 9,654 and not more than 9,660 according to the United States Census of 1940 and any future United States Census where the Solicitors General of the several Judicial Circuits and the Solicitors of the Several City or County Courts of said counties are on salary bases, the method of distribution and disbursement of funds received from fines and forfeitures in criminal matters in excess of costs as prescribed by law; to provide that said excess funds shall be paid from the County Treasury by the Treasurer or other proper disbursing officer of said counties; to repeal all conflicting laws; and for other

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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, in each of the counties of this State, having a population of not less than 9,654 and not more than 9,960 according to the United States Census of 1940 and any future United States Census, where the Solicitors General of the several Judicial Circuits and solicitors of the several city or county courts of such counties are on salary bases, all fines and forfeitures in criminal matters, in excess of costs as prescribed by law, shall be paid from the County Treasury by the Treasurer or other proper disbursing officer of said counties, and shall be disbursed in proportions as follows: Disbursement of Fines and Forfeitures On cases arising in the Superior Courts: one-third of such funds to the Clerk of the Superior Court of such county; one third to the Sheriff of such county, and one-third to the county to be placed in the general county funds. On cases arising in the city or county court of such counties; one-third to the Sheriff of said city or county court; one-third to the Clerk of such city or county court; and one-third to the county, to be placed in the general county funds. Provided, however that in all counties where the clerks of the Superior Courts are ex-officio clerks of the city or county courts, and the Sheriffs are ex-officio Sheriffs of the city or county courts, all such funds shall be paid one-third to the Sheriff of the County, one-third to the Clerk of the Superior Court of the County, and one-third to the County, to be placed in the general county funds. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved January 31, 1946.

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JUDGE OF THE SUPERIOR COURTS, EMERITUS No. 621 An Act To amend an Act of the General Assembly of Georgia approved March 9, 1945 (Georgia Laws, 1945 pp. 362-6) entitled, 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, by inserting between the word year and the word shall in the fifth line of Section 2 of said Act the language or who has already been continuously in service for twenty (20) years as a Judge of the Superior Court of this State at the date of the approval of said Act, on March 9, 1945, and who is still in service as such officer, regardless of age, by inserting between the word Courts and the word shall in the fourth line of Section 11 of said Act the language or who have already been continuously in service for twenty (20) years as a Judge of the Superior Courts of this State at the date of the approval of said Act, on March 9, 1945, and who is still in service as such officer, regardless of age, by adding after the word years, at the end of the sentence in the fourth line of Section 12 of said Act the language or unless he has already been continuously in service for twenty (20) years as a Judge of the Superior Courts of this State at the date of the approval of said Act, on March 9, 1945, and is still in service as such officer, 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: Section 1. That Section 2 of an Act of the General Assembly of Georgia approved March 9, 1945 (Georgia Laws, 1945 pp. 362-6) entitled, An Act to provide for the creation of the office of Judge of the Superior Courts, Emeritus;

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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, be and the same is hereby amended by inserting between the word years and the word shall in the fifth line thereof the language or who has already been continuously in service for twenty (20) years as a Judge of the Superior Court of this State at the date of the approval of said Act, on March 9, 1945, and who is still in service as such officer, regardless of age, so that said Section 2 of said Act, when amended, shall read as follows: Ga. Laws 1945 pp. 362-6 Amended 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, or who has already been continuously in service for twenty (20) years as a Judge of the Superior Court of this State at the date of the approval of said Act, on March 9, 1945, and who is still in service as such officer, regardless of age, shall be eligible for appointment to the office of Judge of the Superior Courts, Emeritus. Eligibility Section 2. That Section 11 of the said Act of the General Assembly of Georgia approved March 9, 1945 (Georgia Laws, 1945 pp. 362-6) which said Act is particularly described in the caption hereof and in Section 1 above, be and the same is hereby amended by inserting between the words Courts and the word shall in the fourth line thereof the language or who have already been continuously in service for twenty (20) years as a Judge of the Superior Courts of this State at the date of the approval of said Act, on March 9, 1945, and who is still in service as such officer, regardless of age, so that said Section 11 of said Act, when amended, shall read as follows: Section 11. All Judges of the Superior Courts who

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have attained the age of seventy years and have served twenty years continuously as a Judge of the Superior Courts, or who have already been continuously in service for twenty (20) years as a Judge of the Superior Courts of this State at the date of the approval of said Act, on March 9, 1945, and who is still in service as such officer, regardless of age, 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 for Superior Court Judges existing at the time of their retirement. Salary Section 3. That Section 12 of the said Act of the General Assembly of Georgia approved March 9, 1945 (Georgia Laws, 1945 pp. 362-6) which said Act is particularly described in the caption hereof and in Section 1 above, be and the same is hereby amended by adding after the word years at the end of the sentence in the fourth line thereof, the language or unless he has already been continuously in service for twenty (20) years as a judge of the Superior Courts of this State at the date of the approval of said Act, on March 9, 1945, and is still in service as such officer, regardless of age, so that said Section 12 of said Act, when amended, shall read as follows: 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, or unless he has already been continuously in service for twenty (20) years as a Judge of the Superior Courts of this State at the date of the approval of said Act, on March 9, 1945, and is still in service as such officer, regardless of age. 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. Years of Service and Age Section 4. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 1, 1946.

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JURISDICTION OF JUSTICES OF THE PEACE No. 555 An Act To confer jurisdiction on Justices of the Peace in actions for the conversation of personal property, trover and bail trover, where the amount involved or the value of the property does not exceed $200.00; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the approval of this Act Justices of the Peace shall have original jurisdiction in all cases involving the conversion of personal property, trover and bail trover, wherein the principal amount used for or the value of the property does not exceed the sum of $200.00; and all of the provisions of Title 107 of the Code of Georgia of 1933, and all acts amendatory thereof, are hereby made applicable to such cases. Conversion, Trover and Bail Trover 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 31, 1946. PHOTOSTATIC EQUIPMENT FOR SUPERIOR COURT CLERKS IN CERTAIN COUNTIES No. 480 An Act to authorize the Clerk of the Superior Court or other proper officers in counties of his State having a population of not less than 86,000, and not more than 88,000, accoording to the 1940 United States census or any future census, to install photostatic equipment and other photographic equipment for the purpose of recording all records relating to any court cases, civil or criminal, filed with said Clerk; all corporation charters; all chattel mortgages or other personal property contracts; all real estate mortgages and other instruments conveying real

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estate as security for debt, or evidencing conditional sale of real estate; and all other papers which the Clerk of the Superior Court is required to record except warranty deeds; to provide that the same may be provided by the proper county authorities; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act, in all counties of this State having a population of not less than 86,000 and not more than 88,000 by the 1940 United States census or any future census, the Clerk of the Superior Court or other officer now or hereafter authorized by law to perform the duties now performed by the Clerk of the Superior Court may install and use photographic equipment of approved kind and use said installed equipment in the recording of all records relating to any court cases, civil or criminal, filed with said Clerk; all corporation charters; all chattel mortgages or other personal property contracts; all real estate mortgages and other instruments conveying real estate as security for debt or evidencing conditional sale of real estate; and all other papers which the Clerk of the Superior Court is required to record except warranty deeds, in lieu of the present commonly used method of printing, typing or hand writing the same. Who May Install and Uses Thereof Section 2. Be it further enacted by the authority aforesaid that if and when such equipment is installed and used by such Clerk or other officer in recording instruments herein provided for provision shall be made for the proper, orderly, filing in a book or receptacle for that purpose the pictures or photostats or other photographic results of the instruments mentioned in this Act; or for the proper and orderly filing in a receptacle provided for that purpose of the films or negatives produced as a result of said photostatic or photographic method of recording. Filing Section 3. Be it further enacted by the authority aforesaid that the authority given for the installation of the equipment mentioned in this Act for the recording of the instruments herein referred to it permissible only. Permissible Section 4. Be it further enacted by the authority aforesaid

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that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved January 30, 1946. SALARIES OF COURT BAILIFFS IN CERTAIN COUNTIES No. 536 An Act To Amend an Act entitled An Act to provide the method of fixing the salaries of Court Baliffs appointed by the Judges of the Superior and City Courts in counties having a population of two hundred thousand inhabitants, or more, and for 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 entitled An Act to provide the method of fixing the salaries of court baliffs appointed by the Judges of the Superior and City Courts in counties having a population of two hundred thousand inhabitants, or more, and for other purposes approved July 14, 1927. (Georgia Laws, 1927, Page 194) is hereby amended by striking therefrom Section 2 and substituting in lieu thereof the following: Court baliffs appointed by any Judge of the Superior or City Court in any such County shall be paid a salary of not less than One Hundred and Fifty ($150.00) per month out of the County Treasury. The Commissioners of Roads and Revenues or other authority having charge of the fiscal affairs of such County, may, in their discretion, provide larged salaries. Minimum Salary Section 2.All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 31, 1946.

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PART IILOCAL AND SPECIAL LAWS

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TITLE I COUNTIES AND COUNTY MATTERS ACTS. Atkinson County Commissioners Bibb County Pensions Butts County Commissioners Certain Richmond County Tax Authority Repealed Clay County Tax Commissioner Compensation of Commissioners of Morgan County Fulton County Civil Service Board Fulton County Commissioners Fulton County Pensions Fulton County School Pension Board Hart County Commissioners Hart County, Commissioner and Board of Finance Henry County Commissioners Hospital Board, Ware County Richmond County Juvenile Institute Tax Commissioner of Franklin County ATKINSON COUNTY COMMISSIONERS No. 636 An Act to amend an Act approved February 23, 1939 (Ga. Laws 1939 pp. 507-509) amending an Act approved July 23, 1931 (Ga. Laws 1931 pp. 380-385) entitled an Act to create the office of Commissioner of Roads and Revenues in the County of Atkinson, to provide for the election of such Commissioner, to define his duties and provide his compensation, to provide a Clerk for said Commissioner and his compensation, to provide for the proper supervision of his accounts and audit of his books, to provide for two advisors to the Commissioner, to define their duties and provide their compensation, and for other purposes, by striking in its entirety Section 6 of the Act approved February 23, 1939 (Ga. Laws 1939 pp. 507-509) relating to the salary of the Commissioner and his advisors, and substituting in lieu thereof a new Section 6 to provide for the salary of the Commissioner

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and his advisors and to provide for traveling and maintenance expenses of the commissioner when traveling outside of Atkinson County on official business for Atkinson County, repealing all conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved February 23, 1939 (Ga. Laws 1939, pp. 507-509) relating to the office of Commissioner of Roads and Revenues of Atkinson County, be and the same is hereby amended by striking from said Act Section 6 as same appears on page 509, in its entirety, providing for compensation of the Commissioner, the compensation of the advisors to the Commissioner and for other purposes, and substituting in lieu thereof a new Section to be known as Section 6 and to read as follows: Ga. L. 1939 PP. 507-509 Amended Section 6. The salary of the Commissioner of Roads and Revenues of Atkinson County shall be $1800.00 per annum, payable monthly, and the advisors to said Commissioner shall each receive a salary of $180.00 per annum, payable monthly. The Commissioner of Roads and Revenues of Atkinson County shall also receive five cents per mile for traveling and maintenance expenses when on official business for the County outside of Atkinson County. No other additional compensation or other form of remuneration shall be paid to said Commissioner or his advisors, and each shall pay his expenses out of his own salary other than the Commissioner when he is traveling on official business for the County of Atkinson or outside of said County. To Read Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 1, 1946. BIBB COUNTY PENSIONS No. 546 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 entitled

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`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, full power, authority and discretion to inaugurate, constitute, and administer, by resolution or resolutions, pensions and/or insurance provisions for all or any of the officers and employees of said County; power to prescribe rules, regulations, and standards for the grant of said Pensions and/or Insurance benefits; power to finance the payment of said Pension and/or Insurance Benefits by taxation and/or county and officer-employee contributions; full power and authority to do all other things necessary to effectuate these purposes; 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 February 6, 1873, appearing on pages 219, et seq., of the published Acts of the General Assembly of Georgia of 1873, and entitled An Act to establish a County Board of Commissioners for the County of Bibb; to define its duties, and for other purposes therein named, and Acts amendatory thereof, be and the same is hereby amended by including therein the following provisions, to wit: Ga. L. 1873, P. 219 Amended The County Board of Commissioners for the County of Bibb is visted with full power and authority, in its discretion, to inaugurate, constitute, and administer, and from time to time change by resolution or resolutions, pension and/or insurance provisions and benefits for all or any of the officers and employees of the County of Bibb, with the power and authority to classify or group such officers and employees and to grant or withhold such benefits to and from any such group or classification. Powers of County Board Said Board is further granted the power and authority to prescribe, and from time to time, change, rules,

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regulations, conditions, and standards for the grant of said pension and/or insurance benefits. Said Board is is granted the power and authority to finance the payment of any or all of said pensions and/or benefits by ad valorem taxation and/or County and Officer-Employee contributions. Said Board is authorized to do any and all other acts acts consistent with these powers and necessary to effectuate the purposes hereof. Section 2. If any provision of this Act or the application thereof to any person or circumstance shall be declared invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall remain unaffected. Invalidity of Part Section 3. That all laws and parts of laws in conflict herewith be, and they are, hereby repealed. Approved January 31, 1946. BUTTS COUNTY COMMISSIONERS No. 630 An Act To amend An Act to create a Board of Commissioners of Roads and Revenues of Butts County, Georgia; to provide for the election of members of the same and for their qualification; to define their powers and duties; to repeal conflicting laws; (Ga. Laws 1941, pages 793-798) as amended by an Act of the General Assembly of 1943 (Ga. Laws 1943 pages 841-843) by striking the requirements in Section 9 that all three members of said board shall be necessary to constitute a quorum and substituting in lieu thereof that two members of said board shall be necessary to constitute a quorum; 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 Acts of 1943 (Ga. Laws 1943, page 842) approved February 22, 1943, be and the same is hereby amended by striking the requirements

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that three members of said board shall be necessary to constitute a quorum and substituting in lieu thereof two members of said board shall be necessary to constitute a quorum, so that said section as amended shall read as follows: Ga. L. 1943, P. 843 Amended Section 9 Two members of said Board shall be necessary to constitute a quorum of said Board and both of such members shall sign all agreements, contracts, licenses, warrants or any other instrument or authority calling for the expenditure of county funds, and shall also sign all minutes of regular and called meetings of said Board. Provided that, in the case of vacancy on said Board caused by the death or resignation of one member thereof, the remaining member may sign warrants in payment of obligations previously approved by two members of said Board where such approval has been recorded in the minutes of a regular or called meeting attended by two members of said Board, until such vacancy is filled as provided by law. Provided further, that where one member of said Board may be incapacitated from the transaction of business by illness for a period of more than thirty days, the remaining member of Board shall constitute a quorum for the transaction of any business properly coming before such Board, which business is of such urgency that the interest of the county may suffer if the same is not acted upon before said ill member can be reasonably expected to return to a meeting of said Board. Quorum Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 1, 1946. CERTAIN RICHMOND COUNTY TAX AUTHORITY REPEALED No. 524 An Act To repeal an Act of the General Assembly approved March 9, 1945, entitled An Act to authorize the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, to fix, levy and assess occupation

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taxes and license fees in 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 an Act of the General Assembly of Georgia approved March 9, 1945, entitled 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 said county and to give them authority to enforce the payment thereof; and for other purposes, be and the same is, hereby repealed. Act of March 9, 1945 Repealed Approved January 30, 1946. CLAY COUNTY TAX COMMISSIONER No. 529 An Act To abolish the office of tax receiver and the office of tax collector of Clay County, Georgia, and to create the office of tax commissioner of said county; to fix the term of office and to prescribe the duties; powers and liabilities of the tax commissioner of Clay County; to fix the compensation of the said tax commissioner, and to provide how the same shall be paid; to authorize the said tax commissioner to employ the necessary office force for the purpose of transacting the business of the office; to provide for the election of said tax commissioner; to provide that this act shall become effective and of force on January 1st, 1949; to provide that the tax receiver and tax collector shall continue to perform the duties of the respective offices until January 1, 1949 and to provide that the taxes now due and payable and tax fi. fas. which may be issued by the tax commissioner prior to January 1, 1949, shall remain of full force and effect and be collectible as issued; and for other purposes. Be it enacted by the General Assembly of Georgia and

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it is hereby enacted by authority of same. Section 1. That the office of tax receiver and the office of tax collector of Clay County, Georgia, be and they are hereby abolished, and the office of tax commissioner of and for Clay County, Georgia, is hereby established and created. The term of office of tax commissioner of and for Clay County, Georgia, shall be for four year beginning January 1, 1949. The rights, duties, and liabilities of said tax commissioner of and for Clay County, Georgia, shall be the same as the right, duties, and liabilities heretofore incumbent upon the tax receiver and tax collector of Clay County, Georgia, and all laws now of force as to tax receivers and tax collectors shall be of full force and effect as to the tax commissioner of and for Clay County, Georgia, as far as the same are applicable and insofar as they are not herein expressly repealed. The tax commissioner of Clay County, Georgia, is hereby required to maintain and keep open his office for the transaction of business in the County Court House of said county. The tax commissioner shall not be required to leave his office for the purpose of receiving or collecting tax. Offices of Tax Receiver and Tax Collector Abolished Office of Tax Commissioner Created Section 2. That the taxes now due and payable and all tax fi. fas. heretofore issued by the tax collector of Clay County, Georgia, and all taxes which may become due between this date and January 1, 1949 and all tax fi-fas. which in the future may be issued prior to January 1, 1949, shall have full force and effect and be collectable as issued. Taxes Collectable Section 3. The tax commissioner of and for Clay 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 such assistants and clerks shall be paid by said tax commissioner out of the fees paid to him for receiving and collecting taxes. Clerks and Assistants Section 4. That the said tax commissioner of and for Clay County, Georgia, shall be compensated for his services on fee basis, and he shall receive all fees and commissions for receiving and collecting taxes which are now

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paid the tax receiever and the tax collector by the County of Clay, the State of Georgia, and other taxing units for whom he may collect taxes. Said tax commissioner of and for Clay County, Georgia, shall also receive as a part of his compensation any and all fees that may be hereafter provided for tax receivers and tax collectors, for receiving and collecting either special, ad valorem, occupation, or other tax or license of any nature whatever. Compensation Section 5. That the commissioners of roads and revenues of Clay County, Georgia, shall provide for and furnish to said tax commissioner of and for Clay County an office to be located in the County Courthouse of said Clay County, Georgia. Said tax commissioner is hereby required to keep said office open every business day for the transaction of the business of his office. Office Section 6. That the said tax commissioner of and for Clay County, Georgia, shall be elected as other county officers are elected and the first election under this Act shall be held at the time of the general election for county officers, to be held on Tuesday after the first Monday in November, 1948, and the person elected shall take office on January 1, 1949, and shall hold office for a term of four years. His successor shall be elected at the time other county officers are elected. Should any vacancy occur in said office the vacancy shall be filled as vacancies are now filled by tax collectors. Election Section 7. That this Act shall take effect and become of full force and effect on the first day of January in the year of our Lord, 1949. Until this Act becomes of force and effect the tax receeiver and tax collector shall continue in office and shall perform their respective duties relating to receiving and collecting tax. Effective Date Section 8. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved January 31, 1946.

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COMPENSATION OF COMMISSIONERS OF MORGAN COUNTY No. 513 An Act to amend an Act creating the Board of Commissioners of Roads and Revenue in and for Morgan County, Georgia, approved March 22, 1935, and all acts amendatory thereof, by striking therefrom Section 9 of said Act fixing the compensation of the Chairman and members thereof, in its entirety, and inserting in lieu thereof a new Section to be known and numbered as Section 9, fixing the compensation of the Chairman and members of said Board; to repeal all conflicting laws; and for other purposes: Be it enacted by the General Asembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, an Act entitled An Act creating the Board of Commissioners of Roads and Revenue in and for Morgan County, Georgia, approved March 22, 1935, and all acts amendatory thereof, be, and the same is hereby amended by striking therefrom Section 9 of said Act, fixing the compensation of the Chairman and members thereof, and inserting in lieu thereof a new Section to be known and numbered as Section 9, fixing the compensation of the Chairman and Members of said Board, so that Section 9 of said Act as amended shall read as follows, to-wit. Act of March 22, 1935 Amended Section 9. The Chairman of said Board shall receive a salary of not less than $50.00 and not more than $125.00 per month, to be fixed by the Board; each of the members of the Board, other than the Chairman, shall receive a compensation of $3.00 per day for each day of actual attendance upon meetings of the Board, and, in addition, mileage at the rate of 5 cents per mile for expenses in attending Board meetings or otherwise attending to the duties of the office. All expense bills shall be approved by the Board before payment. Salary of Board Section 2. Be it further enacted by the authority aforesaid,

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that all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved January 30, 1946. FULTON COUNTY CIVIL SERVICE BOARD No. 598 An Act To amend 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 the members of said Board and their qualifications, term of office and salaries; to prescribe the duties of the Civil Service Board: to provide to what employees the provision of this Act shall be applicable; to provide for the classification and qualification of employees; to provide for a minimum, intermediate, and maximum salary schedule for classified employees; etc. so as to exempt from Civil Service provisions of that Act an Information Clerk at the Fulton County Courthouse and to provide that the Board of County Commissioners of said county may employ and discharge at their discretion such clerk and to fix the compensation for the position, 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. 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 the members of said Board and their qualifications, term of office and salaries; to prescribe the duties of the Civil Service Board; to provide to what employees the provisions of this Act shall be applicable; to provide for the classification and qualification of employees; to provide for a minimum, intermediate, and maximum salary schedule for classified employees, etc., (Georgia Laws, 1943, Page 971) Section (5) thereof be amended by adding another sub-section after sub-section (0) the following: Ga. L. 1943, P. 971 Amended

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(p) An information Clerk at the Fulton County Courthouse. Information Clerk Section 2. The Commissioners of Roads and Revenues of Fulton County are specifically authorized to provide for the employment of an Information Clerk at the Courthouse, to fix the compensation for the position and to have complete supervision of the position independent of the Fulton Civil Service Board. The tenure of the office shall be at the discretion of the County Commissioners. Authority of Commissioner Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 31, 1946. FULTON COUNTY COMMISSIONERS No. 627 An Act To amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Fulton and to define their powers and duties, and for other purposes, approved December 3, 1880 and the several Acts amendatory thereof and in particular the Act amendatory thereof entitled An Act to amend an Act creating the Commissioners of Roads and Revenues for Fulton County, and the several Acts amendatory thereof, so as to provide for the election of said commissioners by the duly qualified voters of said County, and to provide for the manner, time and place of holding said election, and for other purposes, approved September 2, 1889, so as to provide that the commissioners whose terms expire December 31, 1946 shall be elected for a two year term to begin January 1, 1947 and end December 31, 1948 and to provide that their successors shall be elected quadrennially thereafter. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, as follows: Section 1. That the Act entitled An Act to create a

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Board of Commissioners of Roads and Revenues for the County of Fulton, and to define their powers and duties and for other purposes, approved December 3, 1880 and the several Acts amendatory thereof and particularly the act entitled An Act to amend an Act creating the Commissioners of Roads and Revenues for Fulton County, and the several Acts amendatory thereof, so as to provide for the election of said Commissioners by the duly qualified voters of said county, and to provide for the manner, time and place of holding said election, and for other purposes, approved September 2, 1889 be amended by adding the following provision at the end of Section 2 of said last named act: The three commissioners whose terms expire December 31, 1946 shall be elected for a term of two years beginning January 1, 1947 and ending December 31, 1948. Their successors shall thereafter be elected quadrennially as provided in said act as amended, and shall thereafter serve for a term of four years. Act December 3, 1880 Amended Election Section 2. All laws and parts of laws in conflict with the provisions of this Act are repealed insofar only as they conflict with the provisions of this act. Approved February 1, 1946. FULTON COUNTY PENSIONS No. 539 An Act to amend an Act entitled An Act Authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county; to provide how county employees may make application for retirement pay; to provide how employees may be classified; to provide the maximum amount of retirement pay or pension that any employee may receive; to provide how present employees may apply for retirement pay and how future employees may be authorized to do so; to provide for the method of raising funds for said purposes and the method and manner of how the same shall be raised; to authorize said commissioners to levy a tax for the purpose of paying

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pensions and to appropriate money therefor; to provide how the widows and minor children of employees killed in the service of the county may be subject to retirement pay or pension fund from said pension fund; to provide that employees of said county under the direct jurisdiction of the commissioners come under the terms of this Act; to provide that employees of other departments of the government may elect to come under the terms of this Act; and to provide how and under what conditions they may come under the terms of this Act; to provide that employees of the County School Department and elective officers are excluded from the terms of this Act; to provide that this Act shall take effect upon ratification of a proposed constitutional amendment granting to Fulton County the authority to establish a pension fund and to levy taxes therefor; and for other purposes. 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), and thereafter amended by an Act approved February 16, 1945 (Georgia Laws 1945, page 658), so as to change and fix the amount of pensions payable to a surviving widow or minor children of an officer, deputy or employee killed in the performance of duty and the ages of minor children entitled to share therein; so as to provide on conditions and for purposes and to the extent herein named for the preservation of the service status of officers, deputies and employes who entered the military or naval service of the United States; so as to provide a new period of time during which returning veterans and persons who have been on leave of absence may elect to obtain pension benefits and benefits for widows and minor children hereunder and the terms, conditions and effect of such election; and for other purposes. Be it enacted by the General Assembly of the State of

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Georgia and it is hereby enacted by authority of the same that the above entitled Act as heretofore amended be and the same is hereby amended in the following particulars: Section 1. Section 11 of said Act which was re-enacted by Section 5 of said amendment approved February 16, 1945, is hereby stricken and in lieu thereof a new section to be known as Section 11 is enacted reading as follows: Act February 16, 1945 Amended 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 said Act as amended by said Act approved February 16, 1945 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 minor children under the age of nineteen (19) years) shall be eligible and seventy-five (75%) per cent of one-half () of the average monthly salary or wage of such officer, deputy or employee, but not exceeding the sum of Seventy-five and 00/100th ($75.00) Dollars per month as a pension in any instance, 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 and widowhood and upon her death or remarriage continued to the minor child or children of such deceased officer, deputy or employee, to be distributed in equal shares among said minor children until the youngest child arrives at the age of nineteen (19) years. As each reinterest in any pension payable under this section shall cease and determine and no further pension rights shall accrue to such minor child, his heirs, executors or administrators. Rights of Survivors Section 2. Section 26 of Said Act which was added by Section 17 of said amendment approved March 20, 1943, is stricken and in lieu thereof a new section to be known as Section 26 is enacted to read as follows: Section 26. In order to gain the privileges of this section regarding the counting of years of service in the

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Armed Forces of the United States as years of service upon which pension rights may be based, or the privileges of this section regarding a new election by veterans for benefits to widows or minor children, a former officer, deputy or employee of Fulton County who left the service of the county to enter the military or naval service of the United States must return to active duty as an employee of said county within twelve months after discharge from the armed services or within twelve months after such former officer, deputy or employee is physically able, after discharge from the armed services, to return to active duty as an employee of said county. Return from Armed Forces Any returning veteran who was formerly employed as an officer, deputy or employee of said county and who was inducted or voluntarily enlisted in the land or naval forces of the United States shall, on the conditions herein named, be entitled to have the time spent in such military service (not, however, including any second period of voluntary enlistment) counted in determining pension rights which may accrue to such pensioner or his beneficiary named in this act, when such person again becomes an officer, deputy or employee of Fulton County, provided and on the condition that such person shall, within thirty-six (36) months from honorable discharge from said land or naval forces, pay into the pension fund created by said Act as amended without interest a sum equivalent to the regular contributions required of other officers, deputies and employees, for the months for which payment may not have theretofore been made by such returning officer, deputy or employee based upon the salary or wages which such returning veteran was earning as an officer, deputy or employee of said county at the time of such person's call to active duty in the Armed Forces. If a contribution to said fund previously made by the returning veteran was withdrawn by him upon call to active duty in the Armed Forces, such contribution which was withdrawn under these circumstances may be repaid by the veteran without interest within the same period of time. Such returning veteran may likewise within sixty days of his return to active

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duty as an officer, deputy or employee of said county give notice to the Clerk of the Board of Commissioners of Roads and Revenues of said county of an election to obtain the benefits for widows and minor children which are provided by Section 21 of said Act as amended and by paying within the same thirty-six-month period to the pension fund, without interest, such principal sum as is required to equalize the contribution of such returning veteran with the principal amount of the contributions of other officers, deputies and employees for the same benefits, based on such former salary earned by the veterans as an employee of said county, during the period of his former service to the county and the months that the veteran was on duty as a member of the Armed Forces of his country. After the contributions of such veteran have been equalized with the contributions of other employees in the manner provided by this section, such veteran shall have credit on his pension status for all years of prior service as an officer, deputy or employee of Fulton County and all months of active service in the Armed Forces of the United States. The provisions of this section relate exclusively to the privilege of maintaining the status (with reference to years and continuity of service) of officers, deputies and employees returning, after military or naval service, to active duty as employees of the county, and shall not confer any pension rights on any person by reason of death or disibility during such period of military or naval service. Time in Armed Forces Counted Section 3. Be it further enacted that a new section to be known as Section 33 is hereby added to the above entitled Act as heretofore amended reading as follows: Section 33. Any officer, deputy or employee of Fulton County (other than an officer elected by the people) who, after having been granted a leave of absence by the Board of Commissioners of Roads and Revenues or by the Fulton County Civil Service Board, returned to work after April 17, 1945, or may hereafter return after such leave of absence to active duty as a county employee may, within sixty days after approval of this amendment or (in

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the case of persons now on leave of absence) within sixty days after such person again enters upon active duty as an officer, deputy or employee of said county, 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 returning officer's, deputy's or employee's contribution with the contributions of other officers, deputies and employees similarly situated with respect to salary, benefits and length of service, together with an additional sum equal to three (3%) per cent per annum interest thereon to date of payment. 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 of such electing officer, deputy or employee unless and until such officer, deputy or employee has first paid into the pension fund all amounts required by this section, including interest, and provided further that if a right to a pension should accrue to such electing officer, deputy or employee or his qualified beneficiary named in said Act, 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 the pension granted hereunder. When the contribution of such officer, deputy or employee has been equalized as herein provided with the contributions of other officers, deputies or employees similiarly situated with respect to salary, benefits and length of service, such returning officer, deputy or employee or his beneficiary named in said Act or the amendments thereto shall be entitled to the same credit on such employee's pension status for all years of active service as an officer, deputy or employee of Fulton County, including service for years prior to the time such leave of

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absence was granted. Return from Leave of Absence Section 4. Be it further enacted by the authority aforesaid that if any part or section of this amendment shall be held unconstitutional, the remainder shall be in full force and effect, provided the general terms of said Act as amended by the remaining portions hereof can still be carried out. Invalidity of Part Section 5. Any and all laws or parts of laws in conflict with this Act are hereby repealed. Approved January 31, 1946. FULTON COUNTY SCHOOL PENSION BOARD No. 547 An Act to amend an Act entitled: 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, approved February 2, 1945

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(Georgia Laws 1945, page 528), so as to increase in every case from 60% to 75% the percentage of the pension of teachers and of employees of the Board of Education to which widows and minor children may succeed; to change the amount of pensions payable to widows and minor children of teachers and employees entitled to pensions under said Act and to amend the various sections of the above entitled Act accordingly; to provide definitely for a pension to a beneficiary if a teacher or employee could have secured a pension for disability but failed to apply therefor or to retire before death; to provide credit for all periods of service as a teacher or employee of the Board of Education, or as an employee of any branch of County Government of Fulton County or of any county merged with Fulton County, to provide credit for all periods of service as a teacher or employee of any school district merged with the Fulton County School District or as a teacher in any Georgia school receiving public funds in whole or in part and the method by which all such credit may be obtained; and for 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 figure 60 which occurs in the second sentence of Sestion 6 of the above entitled Act is hereby stricken and in lieu thereof the figure 75 is substituted so that Section 6 of said Act as so amended shall read as follows: Ga. L. 1945, P. 528 Amended 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 succeed to his

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rights as pensioner, upon his death, after retirement on pension, or being eligible to retire, he may do so by designating 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 75% 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. Percentage Payable to Survivors Section 2. The figure 60 which occurs in both the first and the second sentences of Section 7 of the above entitled Act is hereby stricken and in lieu thereof the figure 75 is substituted in each of said sentences so that Section 7 of said Act as so amended shall read as follows: 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 75% 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, 75% 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. When Pension to Cease

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Section 3. The words or disability are hereby inserted immediately following the words on account of length of service and immediately before the words but failed to apply or retire in the first clause of Section 8 of said Act, and the figure 60 in Section 8 is hereby stricken and in lieu thereof the figure 75 is substituted so that Section 8 of said Act as so amended shall read as follows: Section 8. In case a teacher or employee could have secured a pension on account of length of service or disability 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 75% of the pension that said husband or father would have been entitled to. Provision in case of Disability Section 3a. Section 10 of said Act is amended by striking the same and substituting the following in lieu thereof. Section 10. In computing the time of service that all teachers are entitled to in the number of years of service, credit shall be given for all teaching experience in Gorgia schools receiving public funds in whole or in part; provided, however, that no teacher employed by the said Board of Education after the passage of this Act shall receive credit for more than ten years of such prior teaching service. For a teacher to receive credit for years of service for teaching outside of Fulton County, 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 4. Section 12 of said Act is amended by adding thereto the following: After payment into the Pension and Retirement Fund within the time required by this amendment of

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contributions based on the same percentage of salary which have been and are required of teachers and employees of the Board of Education participating from time to time in the Retirement Fund for teachers and other employees of the Board of Education, any teacher or employee of the Board of Education shall have credit for all periods or service as a teacher or employee of said Board and for all periods of service as and employee of any branch of the County government of Fulton County or of the government of any county merged with Fulton County, and for all years of service as a teacher or employee of any school district that has been or may be merged with the Fulton County School District. Credit If a teacher or employee who has not previously made such payments elects to gain such credit, a teacher or employee who is now employed by said Board shall on or before April 30, 1947, and a teacher or employee hereafter employed or reemployed by said Board shall within 18 months from the commencement of employment or of re-employment, as the case may be, notify the Treasurer accordingly and make within such period of time the additional payments into the Pension and Retirement Fund required by this amendment, based on the initial salary paid to such teacher or employee at the time of employment or re-employment as the case may be. Such contributions made to gain credit for prior years of service in other departments of the County government or in other counties merged with the Fulton County or in other school districts merged with the Fulton County School District shall be in addition to current contributions required for current months by the above entitled Act. Additional Payments Section 4a. Section 11 of said Act is amended by striking the same and substituting in lieu thereof the following: Section 11. In order to obtain credit for prior service all teachers shall, within the period of three months from the date of their employment, file with the Pension Board a certificate from the proper authorities showing the years of service of such teacher and

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the place of service. Section 11 Stricken Section 5. Section 13 of said Act is amended by striking the figure 60 in the fourth sentence of said section and by substituting therefor the figure 75 so that Section 13 of said Act as so amended shall read as follows: 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 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 shall be entitled to receive as a pension such percenetage 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 10/25th of the amount he would have received had he served a period of twenty-five years, except in no case shall be receive more than 25/25ths. The disability pension herein provided for shall be continued to the beneficiaries after the death of such pensioner at 75% 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

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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 permantently 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: Percentage (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; Medical Examination (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. Result of Examination Section 6. If any part or section of this amendment shall be held unconstitutional, the remainder shall be in full force and effect, provided the general terms of said Act as amended by the remaining portion hereof can still be carried out. Invalidity of Part Section 7. Any and all laws or parts of laws in conflict with this Act are hereby repealed. Approved January 31, 1946.

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HART COUNTY COMMISSIONERS No. 605 An Act To repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Hart, and for other purposes, approved August 2, 1918 (Ga. Laws 1918, pp. 446-455) as amended by the Act of August 14, 1931 (Ga. Laws 1931 pp. 480-482) which amending Act provided that said Board of Commissioners of Roads and Revenues shall be elected by the qualified voters of Hart County and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 2, 1918 (Ga. Laws 1918, pp. 446-455) creating a Board of Commissioners of Roads and Revenues for the County of Hart, providing for their election by the Grand Jury, defining their duties and powers, fixing their salaries and term of office, providing for the filling of vacancies, and dividing the County into four road districts, as amended by an Act approved August 14, 1931 (Ga. Laws 1931, pp. 480-482) providing for the election of said Board of Commissioners of Roads and Revenues by the qualified voters of Hart County, fixing their term of office and providing for a referendum, and other purposes, be and the same is hereby repealed. Ga. L. 1918, PP. 446-455 Repealed Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 31, 1946. HART COUNTY, COMMISSIONER AND BOARD OF FINANCE No. 585 An Act to create the office of Commissioner of Roads and Bridges and a Board of Finance, consisting of three members in and for Hart County; to prescribe the manner of election of such Commissioners and the members of said Board to define the duties and powers

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of such Commissioner and Board; to provide for the salary of each and fix their terms of office;and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the office of Commissioner of Roads and Bridges, in and for Hart County, be and the same is hereby created; that said Commissioner shall be elected at the regular election to be held for State and County officers in 1946 and biennially thereafter in the same manner as other County officers are elected, and the Commissioner so elected shall after qualification enter upon the discharge of his duties on the first day of January following his election and shall hold office for the term of two years, and until his successor is elected and qualified. Persons eligible to hold other county offices shall be eligible to hold said office. Should a vacancy occur in said office the same shall be filled by a special election, called and held in the same manner and governed by the same rules and with the same qualifications as to voters as apply to the election of Clerk of Superior Court. In the interim the Chairman of the Board of Finance hereafter named in this Act shall perform all duties of said office and assume all the responsibility of said Commissioner, and receive Compensation at the same rate as said Commissioner, to be prorated according to length of time he served. Office of Commissioner of Roads and Bridges Created Section 2. Be it further enacted by the authority aforesaid, that the Commissioner, as aforesaid, shall be commissioned by the Governor of the State of Georgia for the term for which he is elected, and before entering upon the discharge of his duties shall subscribe to the oath now required by law of county officers, and shall also give bond with good security payable to the Governor of said State, and his successors in office in the sum of One Thousand Dollars, conditioned for the faithful performance of his duties as Commissioner, which bond shall be approved by the Ordinary of said County. That said Commissioner shall receive as compensation for his

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service as a salary of Twenty-four Hundred Dollars ($2400.00) per annum. Said salary to be paid out of County Funds on equal monthly payments, by said Board of Finance. Commission and Oath Bond Salary Section 3. Be it further enacted by the authority aforesaid that said Commissioner shall have the sole right to lay out, open, change or discontinue public roads in said County, when and where necessary, according to the laws now of force and effect, and shall have the sole management of working said roads. Said Commissioner shall have authority to appoint all overseers, guards and officers that may be required to successfully carry out the provisions of this Act; to prescribe the duties of such guards, overseers and officers, whose salary shall be fixed and paid by said Board of Finance. Powers Section 4. Be it further enacted by the authority aforesaid, that said Commissioner be and he is hereby authorized and empowered to work, improve and repair, and to have worked, improved and repaired, the public roads and bridges of said County. He may work a chaingang which has already been organized in said County, or which may hereafter be organized by said Commissioner and the said Finance Board, and said Commissioner and said Board are hereby authorized to organize said chaingang, to consist of the misdemeanor convicts of said County of Hart, or any other County in this State, and such other convicts of said County and State as they may see proper. He may have said roads worked, improved or repaired, and bridges built and repaired by contracting for the same when, and in such manner as he may see fit, with private parties, companies, or corporations; provided, that when said roads are improved or repaired or bridges built or repaired by private parties, companies or corporations, all such contracts for such work shall be first approved by the Boad of Finance of said County hereafter created by this Act. Repairs and Improvements of Roads and Bridges Contracts Section 5. Be it further enacted by the authority aforesaid, that in addition to the Commissioner of Roads and

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Bridges hereinbefore created, a Board of Finance consisting of three members, be and the same is, hereby created in and for Hart County. Said Board to be elected by the Grand Jury of Hart County at the last term of Superior Court of Hart County held in 1946. The said Board of Finance shall take office on January 1, following their election by the Grand Jury, and the members of said Board shall hold their office for a term of one, two and three years respectively as fixed by the said Grand Jury, from their election and qualification and until their successors are elected and qualified, and any person eligible to hold a county office in said County shall be eligible as a member of said Board.. Should a vacancy occur the next Grand Jury sitting thereafter shall elect a member or members to fill such vacancies on said Board, and in the interim the Ordinary may appoint a member to fill such vacancy. Board of Finance Section 6. Be it further enacted by the authority aforesaid, that said Board of Finance shall meet on the first Monday in January, 1947, after their election, and on the first Monday of each month thereafter, at which meeting they shall transact such business as may come before them, and if they deem it necessary, may hold such call meetings of said Board, or may appoint or designate any one of its members to transact such business connected with their office between the regular meetings as they may see proper, providing they shall not receive pay for more than one day each month. All of said meeting to be held in said Commissioner's office in the court house in Hartwell, Georgia. Meetings Section 7. Be it further enacted by the authority aforesaid, that it shall be the duty of said board to elect one of its members as Chairman, who shall preside over the meeting of said Board, and a majority of the members shall constitute a quorum. It shall be the duty of said Board to look after the finances of said County of Hart, to levy the taxes for the support of the government of said County, and for the building of roads and bridges; to contract for and buy all supplies, implements, mules,

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horses, tools, wagons, or other things which may seem necessary by the Commissioner of Roads and bridges for the proper maintenance of the convict camp, and for the improvement of the public roads and bridges of said county, which said Commissioner may deem necessary for that purpose, and it shall be the duty of said Commissioner of Roads and Bridges to meet with said Board at their regular monthly meetings, or oftener, if necessary, and make known to them and discuss with them the needs of his office for the proper building and improving the public roads and bridges of said County. Chairman Supplies and Equipment Section 8. Be it further enacted by the authority aforesaid, that said Board of Finance shall carefully go over and audit every account, bill, or other item of indebtedness which may be presented against said County from my source and to approve or disapprove the same, and it shall be the duty of the Chairman of Board to sign all checks, warrants or vouchers which may be necessary for the payment of all items which have been approved by said Board; provided, however, that the Clerk of the Superior Court shall sign all warrants for the payment of Jurors, witnesses and other court expenses, as is now provided by law. Audit Section 9. Be it further enacted by the authority aforesaid, that it shall be the duty of said Board to keep proper and correct accounts of all the County finances, which include accounts of the Tax Commissioner or other officers having the care, custody or collection of County funds, and said Board shall prepare and publish in a suitable manner every six months a full and complete statement of the finances of said County and shall make a similar statement to the Grand Jury of the Spring Term of Hart Superior Court of each year. counts Section 10. Be it further enacted by the authority aforesaid, that said Board shall keep a book of minutes and such books of records as may be necessary for the proper record of all business connected with said office, and shall elect a suitable and competent Clerk for said Board,

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whose duty shall be to keep a record of the minutes of meetings of said Board and act as bookkeeper for said Board and said Commissioner, and do such other clerical work as is necessary in carrying on the work of said office. Said Clerk shall receive a salary not to exceed $ per month, the same to be fixed by the Grand Jury of said County, at the time the said members of said Board of Finance are elected. Said salary to be paid out of the County Funds each month. Said Clerk shall give bond and good security in the sum of One Thousand Dollars, payable to said Board of Finance for the faithful performance of his duties. Minutes Section 11. Be it further enacted by the authority aforesaid, that each of the members of said Board shall receive as compensation for their services Ten Dollars ($10.00) per diem, not to exceed Ten Dollars ($10.00) in any one month, for each day's service which they may perform under this Act, and before entering upon the duties of their office each member, except the Chairman, shall give bond and security in the sum of Five Hundred Dollars, and the Chairman shall give bond in the amount of Ten Thousand Dollars, payable to the Ordinary of said County, and an oath to faithfully perform the duties of said office, which oath and bond shall be recorded in the Ordinary's office. Compensation Section 12. Be it further enacted by the authority aforesaid, that the Ordinary of said County shall retain the supervision of the court house and grounds in said County. Ordinary Section 13. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 31, 1946. HENRY COUNTY COMMISSIONERS No. 532 An Act To amend an Act to create a Board of Commissioners or Roads and Revenues of Henry County, approved

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August 8th 1921, and Acts amendatory thereof, by striking from Section 1 of said Act, the last line of said Section, which reads but they shall be elected by the qualified voters of the entire county, and by inserting in lieu thereof the following, to-wit: But said Commissioners shall be elected by the qualified voters of the Commissioner's district in which said district the candidate resides, and which district he is to represent as a member of said Board. 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 Creating the Board of Commissioners of Roads and Revenues of Henry County approved August 8th, 1921, and the Acts amendatory thereof, be and the same are hereby amended as follows: Act, August 8, 1921 Amended By striking from Section 1 of said Act, the last line of said Section which reads but they shall be elected by the qualified voters of the entire county, and by inserting in lieu thereof as follows, to-wit: But said Commissioner shall be elected by the qualified voters of the Commissioner's district in which district said Candiate resides, and which district he is to represent as a member of said Board, so that the whole of said section as thusly amended will read as follows:- Section 1. Be it enacted by the General Assembly of the State of Georgia,and it is hereby enacted by the authority of same, That a Board of Commissioners of Roads and Revenues for Henry County, Georgia is hereby created. That said Board shall consist of five persons who shall reside in said County, and in the Commissioners' Districts from which they are elected respectively, but said Commissioners shall be elected by the qualified voters of the Commissioner's district in which district said Candidate resides, and which district he is to represent as a member of said Board. Board Created Election Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are,

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hereby repealed. Approved January 31, 1946. HOSPITAL BOARD, WARE COUNTY No. 473 An Act To Create and Establish in Ware County, Georgia, a Ware County Hospital Board, with powers to operate, carry on, manage, maintain and direct, or have same done, Ware County Hospital, which is owned by Ware County, Georgia, consisting of five members; to provide the manner of electing the members of said Board; to fix the qualifications of the members of said board, to fix the term of office of the members of said Board; fix and define the powers and duties of said Board; Provide for filling vacancies on said Board; provide for said Board to do all acts and things incident to the successful and efficient operation and management and maintaining said Ware County Hospital, which is owned by Ware County, Georgia; to provide when this Act shall go into effect; 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 there is hereby constituted created and established a Ware County Hospital Board, in Ware County, Georgia, consisting of five members thereof, who shall be elected by the Grand Jury of Ware County, Georgia, assembled in regular or called session. Three of said members shall be citizens of and residing in the City of Waycross, Ware County, Georgia, and two of said members shall be citizens of Ware County, Georgia, but residing outside of the incorporated limits of the City of Waycross, Goergia, the members of said Board shall be eligible for re-election at the and of good character and must be free-holders; one member of said Board to hold office one year from date of his or her election; two members of said Board to hold office for a term of two years after his or her election; and two members of said Board to hold office for a term of three

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years after their election; and they shall hold their offices until their successors are elected and qualified. The members of said Board shall be eligible for re-election at the expiration of their terms; the successors to the members of said Board to be elected by the Grand Jury of Ware-County, Georgia, in regular or called session and all vacancies on said Board to be filled in like manner, except such vacancy or vacancies may be filled by the other members of said Board to serve only until the Grand Jury shall elect member or members to fill such vacancy or vacancies. The members of said Ware County Hospital Board shall serve without compensation. Hospital Board Created Term of Office Section 2. Be it further enacted by the authority aforesaid that said Ware County Hospital Board, when so constituted, created and established, shall have complete charge of the operation, maintaining and management of Ware County Hospital, which is owned by Ware County, Georgia, and is located in the City of Waycross, Ware County, Georgia, provided that said Board shall not have the power to incur any debt of any kind nor liability of and kind or nature, directly or indirectly, against Ware County, Georgia, without first obtaining the written approval of the Board of Commissioners of Roads and Revenues of Ware County, Georgia; provided further that said Board shall not incur any debt against said Ware County Hospital until provision therefor has been made in a budget duly tadopted and approved by the Board of Commissioners of Roads and Revenues of Ware County, Georgia, as long as Ware County contributes to the support of said hospital; provided further that said Board shall not incur any debt in excess of its approved budget nor in excess of the revenue received from pay patients and from services rendered by said hospital and from amounts contributed by Ware County, Georgia, for charity or otherwise; the Board of Commissioners of Roads and Revenue of Ware County, Georgia, alone shall determine the amount that Ware County, Georgia, shall contribute for purpose of charity or otherwise, within the limits allowed by law, to said hospital; said Board shall have the power to employ a Manager of said hospital and

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other personnel and employees thereof, and fix their salaries or wages; and duties, and to have complete charge of the operation, maintenance and management of said Ware County Hospital, including the purchasing of supplies therefor, provided it shall not incur any debt or liability against said hospital or against Ware County, Georgia, until provision thereof has been made in a budget duly adopted and approved by the Board of Commissioners of Roads and Revenue of Ware County, Georgia, and by said Ware County Hospital Board; said Board shall have authority to receive and accept gifts and donations to or for said hospital; said Board shall elect one of its members as Chairman of the Board, and one as Vice-Chairman of said Board and one as Secretary of said Board, or the Board may elect the Manager of the Hospital ex-officio secretary of its Board, and shall keep minutes of the meetings of said Board; said Board shall have at least one meeting each month, and more if desired, at said hospital, on a regular meeting date, the regular meeting date and time of meeting to be fixed by the Board, fix its rules and regulations and provide for public meetings of the Board when necessary or desired. Authority of Board Donations Section 3. Be it further enacted by the authority aforesaid that said Ware County Hospital Board herein created shall not have any power or authority to levy any tax of any kind for the purpose of providing revenue to said hospital or otherwise. No Tax to Be Levied Section 4. Be it further enacted by the authority aforesaid that said Ware County Hospital Board shall make, or cause to be made to the Board of Commissioners of Roads and Revenue of Ware County, Georgia, a written report in duplicate at least once each month of the operations of said Ware County Hospital. Said report shall contain and set forth the true condition of the affairs of said hospital, both from a financial standpoint and the services rendered, including receipts and disbursements, sources of receipts and purposes of disbursements, number of charity patients and costs, number of other patients, showing cash on hand and accounts receivable and accounts payable, the Chairman of the Board shall sign said report; and

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the Board of Commissioners of Roads and Revenue of Ware County, Georgia, shall preserve said reports and deliver them to the Grand Jury, or a copy of the same, when the Grand Jury convenes from time to time in regular session. Report to Commissioner Section 5. Be it further enacted by the authority aforesaid that said Ware County Hospital Board herein created shall by the 15th day of January each year prepare a budget for the operation and management of Ware County Hospital and submit same to the Board of Commissioners of Roads and Revenues of Ware County, Georgia, after said Ware County Hospital Board has approved said budget, for the consideration and action thereon by said Board of Commissioners of Roads and Revenue of Ware County, Georgia, and in said budget the said Ware County Hospital Board shall recommend to said County Commissioners the amount of taxes to be levied for the ensuing year to provide revenue for the support of said hospital, the amount so recommended shall be within the limits provided by the law that can be levied for said purpose. Budget Section 6. Be it further enacted by the authority aforesaid that said Ware County Hospital Board shall have power to adopt rules and regulations of said Board not inconsistent with the provisions of this Act or the laws of the State of Georgia; and said Board must make and keep, or cause to be made and kept, written minutes of its meetings, which minutes must be kept available at all times for inspection by the Grand Juries of Ware County, Georgia, and by the Board of Commissioners of Ware County, Georgia. Rules and Regulations Section 7. Be it further enacted by the authority aforesaid that said Ware County Hospital Board shall have the right and power to require the manager or such other person as may handle the finances and money of said hospital to give bond with security in such amount as the said Board may deem right and proper. Bond of Manager Section 8. Be it further enacted by the authority aforesaid that the provisions of this Act are severable, and if

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any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not impair any of the remaining provisions of this Act, and if this entire Act should be held unconstitutional, or so much thereof that same would be impaired to the extent that it would be impracticable to be used or made inoperative, by any court of competent jurisdiction, then the full management and operation of said Ware County Hospital would revert to the Board of Commissioners of Roads and Revenue of Ware County, Georgia, as the same was prior to the passage of this Act. Invalidity of Part Section 9. Be is further enacted by the authority aforesaid that this Act shall become effective and operative when the Grand Jury of Ware County, Georgia, convened in regular or called session, have elected the said members of said Ware County Hospital Board, herein created and established, and said Board members shall have qualified by accepting their election in writing. When Effective Approved January 30, 1946. RICHMOND COUNTY JUVENILE INSTITUTE No. 582 An Act To amend an Act of the General Assembly of the State of Georgia approved October 5, 1885 (Georgia Laws 1884-5, pages 599,600) entitled An Act to establish in the County of Richmond, in this State, a Reformatory institute; to provide for maintenance and conduct of the same; and for other purposes, as amended by the several Acts of the General Assembly of Georgia; by striking the following language to wit: Such tax shall not be levied except upon the recommendation of the Grand Jury, and while said recommendation of the Grand Jury shall not be mandatory, it shall be given great consideration by the said Board of County Commissioners contained in Section Two of an Act approved August 16, 1912 (Acts 1912, pages 453, 456); to change the name of said Reformatory Institute to the Richmond County Juvenile Institute and to confer upon said Richmond County Juvenile Institute all of its rights,

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powers and privileges heretofore conferred upon said Reformatory Institute; to provide the means of election of trustees of said Institute and that one of them shall be a member of the Board of Commissioners of Roads and Revenues of Richmond County; to provide when terms of office of such trustees shall expire; to authorize said trustees to sell and convey any portion of the realty belonging to said institute and to reinvest the proceeds thereof in permanent improvements on the remainder of the realty owned by said Institute, and to authorize said trustees to purchase additional realty for the use of said institute, all in the discretion of said trustees as to price; to provide for boarding of inmates at said institute; to authorize said trustees to accept donations, grants, gratuities, bequests and other contributions; 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 the following language contained in Section 2 of an Act approved August 16, 1912 (Acts 1912, page 453 et seq.) amendatory to an Act approved August 5, 1885 (Acts 1884, pages 599-600) entitled An Act to establish in the County of Richmond of this State, a Reformatory Institute, to provide for maintenance and conduct of the same, and for other purposes, to-wit: Such taxes shall not be levied except upon the recommendation of the Grand Jury, and while said recommendation of the Grand Jury shall not be mandatory, it shall be given great consideration by the said Board of County Commissioers. Ga. L. 1884, PP. 599-600 Amended Section 2. Be it further enacted by the authority aforesaid, that the name of said Reformatory Institute is hereby changed to the Richmond County Juvenile Institute, and it shall succeed to all the assets, rights, privileges and powers heretofore conferred upon said Reformatory Institute. Name Changed Section 3. Be it further enacted by the authority aforesaid that the existing trustees of said Reformatory Institute are continued as trustees of said Richmond County

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Juvenile Institute, and said trustee shall draw by lot to determine the length of his term; the term to be one, two, three, four and five years, and to hold office until his successor is elected and qualifies as such. Not less than sixty days before the expiration of a term of a trustee, the said Board of Trustees shall nominate one or more persons as a successor and report the same to the Board of Commissioners of Roads and Revenues of Richmond County who shall then elect or disapprove such nominee or nominees and if disapproved, another one or more names shall be submitted by said trustees to said Board of County Commissioners. In the event of a vacancy, the same method shall be pursued; provided, nevertheless, as there is now on said Board of Trustees, a member of the said Board of Commissioners of Roads and Revenues of Richmond County, there shall at all times be one member of said Board of County Commissioners on said Board of trustees of said Institute. Trustees Section 4. Be it further enacted by the authority aforesaid, that the said Board of Trustees are hereby empowered, upon majority vote, to sell and convey any portion of the realty belonging to said Institute at such prices as they think reasonable and to reinvest the proceeds thereof in permanent improvements on the remainder of the realty owned by said Institute;and said trustees shall be authorized to purchase additional realty for the use of the said Institute and to make all necessary repairs or additions thereto; all in the discretion of said trustees at a price upon which at least four of said trustees agree to be fair and reasonable. Power of Trustees Section 5. Be it further enacted by the authority aforesaid, the said Board of County Commissioners of Roads and Revenues of Richmond County may, in its discretion, provide that any or all delinquents boarded out by the Juvenile Court of Richmond County shall be placed and boarded in said Institute instead of private homes, should said Board of County Commissioners so direct. Boarding of Delinquents Section 6. Be it further enacted by the authority aforesaid, the said Board of Trustees is hereby empowered to

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accept donations, grants, gratuities, bequests and other contributions for the benefit of said institute. Donations Section 7. Be it further enacted by the authority aforesaid that all conflicting laws and parts of laws are hereby repealed; and should any portion of this Act be declared invalid by a competent court, such shall not affect the other portions hereof. Approved January 31, 1946. TAX COMMISSIONER OF FRANKLIN COUNTY No. 472 An Act to amend an Act approved August 14, 1931, entitled `An Act to abolish the offices of tax-receiver and tax-collector of Franklin County, Georgia; to create the office of county tax-commissioner or of Franklin County, Georgia, to fix the term and compensation of said officer; etc., (Ga. L. 1931, P. 469), as amended by an Act approved March 23, 1937 (Ga. L. 1937, P. 1330, by striking from said Act Section 9 as amended, relating to the compensation of the county tax-commissioner, and inserting in lieu thereof a new Section 9 so as to provide a salary of $1800 per annum payable monthly at $150 per month, instead of $1500 per annum, payable monthly at $125 per month, the difference between said sum being in lieu of fees and commissions allowed by law, under said amendment, to the tax commissioner for receiving and collecting of State taxes; by striking Section 14 as amended, relating to disposition of fees and commissions, and inserting a new Section 14 so as to provide that all fees, commissions, etc., shall be paid into the treasury of Franklin County instead of a portion thereof as now provided by law; 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 August 14, 1931, (Ga. L. 1931, p. 469) abolishing the offices of tax-receiver and tax-collector of Franklin County, Georgia, and creating the office of county-tax-commissioner, as amended

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by an Act approved March 23, 1937 (Ga. L. 1937, p. 1330), be stricken and a new Section 9 be, and the same is hereby, enacted in lieu thereof so as to provide a salary of $1800 per annum, payable monthly at $150 per month, instead of $1500 per annum, payable monthly at $125 per month, the difference between said sums being in lieu of fees and commissions allowed by law, under said amendment, to the tax commissioner for receiving and collecting of State Taxes, said Section, when he amended, to read as follows: Ga. L. 1931, P. 469 Amended Section 9. Be it further enacted by the authority aforesaid, that the compensation of the county tax- commissioner of Franklin County, Georgia, for all duties performed by his as receiver and collector of State, County, school district and any and all other taxes shall be the sum of eighteen hundred dollars ($1800.00) per annum, payable one hundred fifty dollars ($150.00) monthly from the county treasury of said county. Compensation Section 2. That Section 14 of the Act approved August 14, 1931, (Ga. L. 1931, p 469) abolishing the offices of tax-receiver and tax-collector of Franklin County, Georgia, and creating the office of county tax-commissioner, as amended by an Act approved March 23, 1937 (Ga. L. 1937, p. 1330), be stricken and a new Section 14 be, and the same is hereby, enacted in lieu thereof so as to provide that all fees and commissions allowed to the tax-receiver and tax collector shall be paid into the treasury of Franklin County, instead of a portion thereof as now provided by law, said section, when so amended, to read as follows: Section 14. That all fees and commissions allowed by law to be paid to the tax-receiver and tax-collector for receiving and collecting state, county, school district and and and all other taxes, and for performing the duties required by law, shall be collected by the tax-commissioner and paid into the treasury of Franklin County, Georgia. Fees Section 3. That all laws and parts of laws in conflict with this Act be and same are hereby repealed. Approved January 30, 1946.

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TITLE II SUPERIOR COURTS ACTS. Atlantic Judicial Circuit, Supplemental Salaries for Judge and Solicitor General Salary of Dublin Circuiit Solicitor General Seminole Count, Time of Holding Superior Court Supplementary Salary for Superior Court Judges of Macon Circuit Terms of Troup County Superior Court ATLANTIC JUDICIAL CIRCUIT, SUPPLEMENTAL SALARIES FOR JUDGE AND SOLICITOR GENERAL No. 584 An Act To authorize and permit a supplement to the salaries for the Judge and of the Solicitor General of the Atlantic Judicial Circuit; to provide for the method of paying said supplement; 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 Board of County Commissioners of Roads and Revenues or other authority having the control of the expenditures of county funds in McIntosh County is authorized to pay from the county treasury to the Superior Court Judge, and to the Solicitor General, of the Atlantic Judicial Circuit, the sum of $500 per annum to each said officers, said amounts to be in addition to the compensation heretofore provided for said officers by law. Authorization Section 2. That the authority granted by Section 1 of this Act shall be made retroactive to the date of the commencement of the May, 1945, Term of the Superior Court of the Atlantic Judicial Circuit. Retroactive Section 3. That if for any reason any Section, provision or part of this Act shall be unconstitutional and invalid, then that Section shall not affect or destroy the validity or constitutionality of any part, Section or provision of

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this Act, which is not of itself unconstitutional, and the valid portions of this Act shall remain in force and of effect. Invalidity of Part Section 4. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved January 31, 1946. SALARY OF DUBLIN CIRCUIT SOLICITOR GENERAL No. 490 An Act to amend an Act abolishing the fee system existing in the Superior Court of the Dublin Judicial Circuit as applied to the office of the Solicitor-General of said Circuit, as approved March 15, 1935, (Georgia Laws 1935, page 856) by increasing and providing that the salary of the Solicitor-General of the Dublin Judicial Circuit shall be fixed at a certain amount per year and for other purposes. And to repeal an Act approved February 16th, 1939, (Georgia Laws 1939, page 795, 796). Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved March 15th., 1935 (Georgia Laws 1935, page 856), abolishing the fee system then existing in the Superior Courts of the Dublin Judicial Circuit, as applied to the office of the Solicitor-General, and fixing the compensation of the said Solicitor-General, be and it is hereby amended by striking from the 2nd. and 3rd. line of section 2 thereof the words twenty-eight hundred ($2800.00) dollars and inserting in lieu thereof the words thirty-six hundred dollars ($3600.00), and by further striking from the thirteenth line of said section 2, the words, five hundred dollars ($500.00) and inserting in lieu thereof the words Seven hundred dollars ($700.00) and by further striking from the fifteenth and sixteenth lines of said section 2 the words eighteen hundred ($1800.00) dollars and inserting in lieu thereof the words twenty two hundred ($2200.00) dollars and by further striking from the seventeenth line of

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said section 2 the words five hundred ($500.00) dollars, and inserting in lieu thereof the words Seven hundred ($700.00) dollars, and by further striking from the thirty seventh line of said section 2 the words Twenty eight hundred ($2800.00) dollars and inserting in lieu thereof the words thirty-six hundred ($3600.00) dollars, and by further striking from the fifth line of said section 2 the words section 13 and inserting in lieu thereof the words section 12 so that when and as amended the whole of said section 2 of said Act shall read as follows: Amendment of Ga. Laws 1935 P. 856 The salary of the Solicitor-General of the Dublin Judicial Circuit shall be the sum of thirty-six hundred ($3600.00) dollars per annum, in addition to the sum of two hundred fifty ($250.00) dollars per annum, prescribed in paragraph 1 section 12 of article 6 of the Constitution of the State of Georgia; and in addition to said sums the Solicitor-General shall collect and receive from the State all fees allowed by law to Solicitor-General of this State for appearances in Supreme Court and Court of Appeals of the State. The salary herein fixed shall be paid out of the general treasuries of several counties of said circuit, in the same amounts as follows, to-wit: Salary Johnson County shall pay Seven hundred ($700.00) dollars per annum. Laurens County shall pay twenty two hundred ($2200.00) dollars per annum. Apportionment by Counties Twiggs County shall pay seven hundred ($700.00) dollars per annum. And it shall be the duty of the Ordinary, County Commissioners, or other authorities having control of county matters in each of said counties, to cause the part of portion of said salary so assessed against each of said counties to be paid the Solicitor-General, in twelve equal monthly installments, in each year, out of the funds of said counties, that is to say on the first of each month, and upon regular county warrants issued thereof; and it is further made the duty of said Ordinaries, County Commissioners, or other authorities having control of county matters to make provision annually

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to pay said salary and said sums of money at the same time and in the same manner as expenses of the Superior Courts are provided, and said salary is to be included by the county authorities in the sum fixed as expenses of the Superior Court, in order to pay the part or portion of salary chargeable against their respective counties as herein set forth, and the power to levy taxes if necessary for such purposes is hereby delegated to said counties, said salary of Thirty-Six hundred ($3600.00) per annum and the Constitutional salary of Two-Hundred-fifty ($250.00) dollars per annum together with all fees earned in the Court of Appeals and the Supreme Court shall be in full payment of the services of the said Solicitor-General for all traveling and other expense, and for all sums paid out by said Solicitor-General for clerical aid engaged or employed by him, it being the duty of each county however, if it may be done without depriving county officers, to furnish suitable offices for the Solicitor-General. How Paid Section 2. The Act approved February 16, 1939 regulating the salary of the Solicitor-General found in Georgia Laws 1939, pages 795, 796 is hereby repealed. Ga. Laws 1939 PP. 795, 796 Repealed Section 3. This Act to take effect and begin as of January 1st., 1946. Effective Date Section 4. All laws and parts of laws in conflict with the Act be and the same are hereby repealed. Approved January 30, 1946. SEMINOLE COUNTY, TIME OF HOLDING SUPERIOR COURT No. 603 An Act To change the time of holding the Superior Court of Seminole County from the Third Mondays in April and October of each year to the Second Mondays in January and July of each year: To fix the relation of pending proceedings: To provide for the jurors drawn to serve at the changed terms, and the witnesses: And for other purposes.

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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 on and after April 1st, 1946, after the passage of this Act, the Superior Court of Seminole County, Georgia, shall be held on the Second Mondays in January and July of each year instead of on the Third Mondays in April and October of each year, and the first term of said court to be held under the provisions of this Act shall be held on the Second Monday in July, 1946, and the last term of said Court to be held under the law as it existed prior to the enactment of this Act shall be held on the Third Monday in April, 1946. New Time of Court Section 2. Be it further enacted by the authority aforesaid that all writs, bills, processes, orders, summons, subpoenas, bonds, and all proceedings of every kind and character now pending in or returnable to said court shall hold good and relate to the term of Court as herein changed and fixed by this Act; and that all jurors and witnesses drawn or summoned to attend the term of said Court convening on the Third Monday in October, 1946, shall be held, deemed and considered as drawn and summoned to attend said Court on the Second Monday in July, 1946, and shall be required to attend said Court according to the terms as herein fixed. Pending Matters Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 31, 1946. SUPPLEMENTARY SALARY FOR SUPERIOR COURT JUDGES OF MACON CIRCUIT No. 478 An Act to require the Board of County Commissioners of Bibb County, Georgia, to supplement the salary of each Judge of the Superior Court of the Macon Circuit in the amount of one thousand dollars ($1,000.00) each, such payments to be made from the County Treasury of Bibb

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County, Georgia in equal monthly installments: To authorize the Board of County Commissioners of Bibb County, Georgia to supplement the salaries of each Judge of the Superior Courts of Macon Circuit in such amount, in addition to the aforesaid one thousand dollars $(1,000.00) each, as may to the Board of County Commissioners of Bibb County, Georgia seem reasonable and just; 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 Board of County Commissioners of Bibb County, Georgia, are hereby required to supplement the salaries of each of the Judges of the Superior Court of the Macon Circuit in the amount of One Thousand Dollars, ($1,000.00) annually to each of them, such amount to be paid in equal monthly installments from the County Treasury of Bibb County, Georgia. Salary Supplement Section 2The Board of County Commissioners of Bibb County, Georgia are hereby authorized, from time to time and in their discretion, as may seem reasonable, to further supplement the payment to each Judge of the Superior Court of the Macon Circuit, in addition to the One Thousand Dollars directed herein, and in such amounts as may seem reasonable and just, provided however, that any such additional payments made under this section shall be subject to discontinuance or revision at any time in the sole discretion of said Board of County Commissioners of Bibb County, Georgia. Further Supplements. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January, 30, 1946. TERMS OF TROUP COUNTY SUPERIOR COURT No. 508 An Act to provide for holding four terms a year of the Superior Court of Troup 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

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conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of 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 Troup in the Coweta Judicial Circuit, each term consisting of two weeks. New Terms of Court Section 2. Be it further enacted that the terms of said Court shall be held on the first Monday in February, May, August and November of each year. Time of Terms 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 first Monday in May and the first Monday in November. Traverse jurors shall be drawn for the terms of said court convening on the first Monday in February and the first Monday in August; 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 first Monday in February and the first Monday in August, which said grand jury for the February and August terms shall pass upon such questions only as are referred to such grand jury for action and attention by the presiding judge. Juries Section 4. Be it further enacted that this Act shall take effect from and after its passage and approval. Effective Date Section 5. Be it further enacted that all laws in conflict with this Act, be and the same are hereby repealed. Approved January 30, 1946.

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TITLE III CITY, COUNTY AND MUNICIPAL COURTS ACTS. Brunswick City Court City Court of Dublin, Judge's Salary City Court of Stephens County Civil Court of Fulton County Floyd County City Court Municipal Court City of Macon Retirement of Judges and Solicitor General of Fulton County Civil and Criminal Courts Solicitor of Clinch County Court BRUNSWICK CITY COURT No. 574 An Act To amend an Act creating the City Court of Brunswick, which was approved March 9, 1943, by repealing Section 25 of the said Act and enacting in lieu thereof a new Section; so that it is no longer required that executions issued out of said court be entered upon the execution docket kept by the Clerk of the Superior Court of Glynn 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. Section 25 of the Act creating the City Court of Brunswick, which was approved March 9, 1943, (Georgia Laws 1943, pages 702 et seq.) is hereby repealed in its entirety, and there is enacted in lieu thereof a new Section to read as follows: Ga. Laws 1943, P. 7002, et seq. Repealed Said Court shall be a court of record and shall have a seal, and the minutes, records and files that are required by law to be kept for the superior courts shall be kept in and for said Court and in the same manner. All laws applicable to the duties of the Clerk and Sheriff in the superior courts shall apply to these officers of this Court, except where they conflict with the provisions of this Act. New Section

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Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Section 3. There is hereby attached to and made a part of this Act the affidavit of (s) C. H. Leavy that notice of intention to seek the passage of this Act was published as required by the Constitution of this State; reference to the said affidavit being hereby had for all purposes. Approved January 31, 1946. CITY COURT OF DUBLIN, JUDGE'S SALARY No. 537 An Act to amend an Act of the General Assembly Approved August 3, 1920, Acts 1920 at 325, prescribing the Salaries of the Judge of the City Court of Dublin, and the Solicitor thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that on and after the 1st day of January, 1946, that the words Twenty Four Hundred Dollars, appearing on lines 7, 8 and 9 of said Act, appearing on Page 325, Section 1, of Georgia Laws of 1920, be and the same is hereby stricken; and in lieu thereof the words `Three Thousand be inserted in its stead, so that the salary of Judge of the City Court of Dublin shall be Three Thousand Dollars per year. Ga. Law 1920, P. 325, Sec. 1 Amended Section 2. Be it further enacted by the Authority aforesaid that on and after the first day of January, 1946, that the words One Hundred and Fifty Dollars per month, appearing on lines 10, 11 and 12, page 325, Section 2, of Georgia Laws of 1920, be and the same is hereby stricken; and in lieu thereof the following words shall be inserted: Said solicitor of the City Court of Dublin shall be paid the sum of Two Hundred dollars per month, so that said Act shall provide that the Solicitor shall be paid the sum of Two Hundred Dollars per month. New Salary Section 3. Be it further enacted by the Authority aforesaid, that all laws and parts of laws in conflict herewith

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be and the same are hereby repealed. Approved January 31, 1946. CITY COURT OF STEPHENS COUNTY No. 493 An Act to amend an Act approved February 22, 1937 (Acts 1937, pp. 1214-1230) entitled an Act to create and establish the City Court of Stephens County in and for the County of Stepehns by striking from lines 20 and 21 of Section 10 of said Act the words twelve hundred and by inserting in lieu thereof the words eighteen hundred so as to provide that the salary of the judge of the City Court of Stephens County shall be eighteen hundred dollars per annum; and by striking from lines 17 and 18 of Section 14 of said Act the words seventy-five and by inserting in lieu thereof the words one hundred twenty-five so as to provide that the solicitor of said Court shall receive a salary of one hundred twenty-five dollars per month; and to provide how said two Sections 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 same: Section 1. That the Act approved February 22, 1937 (Acts 1937, pp. 1214-1230) entitled an Act to create and establish the City Court of Stephens in and for the County of Stephens be and the same is hereby amended by striking from lines 20 and 21 of Section 10 of said Act the words twelve hundred and by inserting in lieu thereof the words eighteen hundred so that the salary of the Judge of the City Court of Stephens County shall be eighteen hundred dollars per annum and so that said Section when so amended shall read as follows: Acts 1937, PP. 1214-1230 Amended Be it further enacted by the authority aforesaid, That there shall be a judge of said city court, who shall be appointed and commissioned by the Governor, by and with the consent and advice of the Senate, who shall hold his office until December 31, 1940 and until

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his successor shall qualify, and thereafter, except in the case of a vacancy, the judge of said city court shall hold his office by virtue of an election by the qualified voters of Stephens County, and shall hold his office for a term of four years, beginning on the first day of January, 1941. At the regular election of county officers of Stephens County, in the year 1940, there shall be elected by the qualified voters of said County of Stephens a judge of said city court who shall be commissioned by the Governor and shall hold his office for a term of four years from January 1, 1941, and at each of the regular elections held for the election of county officers, every four years thereafter, a judge of said court shall be elected. Any vacancy in said office shall be filed by appointment by the Governor for the unexpired term. The judge of said city court shall receive a salary of eighteen hundred dollars per annum which shall be paid monthly by the clerk of the Board of Commissioners or other person or persons who are now or may hereafter be charged by law with the paying out of money of the County of Stephens, and shall be furnished an office in the court house as other county officers; and it shall be the duty of the commissioners of roads and revenue of said county, or other proper officer, to make provision annually in levying taxes for this purpose. The said judge shall receive no other compensation but shall not be disqualified to practice law in courts other than his own. New Section Section 2. That the Act approved February 22, 1937 (Acts 1937, pp. 1214-1230 entitled an Act to create and establish the City Court of Stephens County in and for the County of Stephens be and the same is hereby amended by striking from lines 17 and 18 of Section 14 of said Act the words seventy-five and by inserting in lieu thereof the words one hundred twenty-five so that the salary of the solicitor of the said City Court of Stephens County shall be one hundred twenty-five dollars per month and so that said Section when so amended shall read as follows: New Salary Be it further enacted by the authority aforesaid, that

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there shall be a solicitor of said city court, appointed, commissioned and confirmed in the same manner provided for the appointment and confirmation of the judge of said court, whose appointive term of office shall be until the first day of January, 1941, and who shall thereafter be elected and commissioned in the same manner, at the same time and for the same terms as is hereinbefore provided for the election of the judge of said court; and it shall be the duty of said solicitor to prosecute for all offenses cognizable before said court. The said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the Superior Court, and his fees for all other services rendered shall be the same as are a solicitor-general in the Superior Court; but all such fees shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive the sum of one hundred twenty-five dollars per month, the same to be paid out of the county treasury. The said solicitor shall receive no other fees or compensation for his services, except that the solicitor of said city court shall for his services in the Supreme Court and Court of Appeals be paid out of the Treasury of the State in the same manner as the solicitor-general of the Superior Court is paid for like services rendered in said courts. Section 3. That all laws and parts of law in conflict with this Act be, and the same are hereby repealed. Approved January 30, 1946. CIVIL COURT OF FULTON COUNTY No. 545 An Act To amend an Act entitled An act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1 of Section 7 of Article 6 of the Constitution of the State of Georgia ratified October 2, 1912, relating to the abolition of Justice Courts and the office of Justices of the Peace and of Notary Public ex officio Justice of the Peace in said city, and the establishment

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in lieu thereof such court or system of courts as the General Assembly may deem necessary, etc., approved August 20, 1913, and the several acts amendatory thereof, and particularly Section 5 of the act approved August 17, 1914, providing for an official court stenographer and fixing his compensation, powers, and duties, by striking said Section 5 of the aforementioned amending act and Sections 10 and 49 of the original act as amended, and enacting new sections in lieu thereof so as to define the jurisdiction, provide a uniform cost bill and provide for two official reporters or stenographic reporters for said court, fixing their compensation, powers and duties; to provide for the filling of a vacancy in the office of Chief Judge or Associate Judges of the Civil Court of Fulton County; to fix the salary of the Chief Judge and the Associate Judges 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 from and after March 1, 1946, the act entitled An act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1 of Section 7 of Article 6 of the Constitution of the State of Georgia ratified October 2, 1912, relating to the abolition of Justice Courts and the office of Justice of the Peace and of Notary Public ex-officio Justice of the Peace in said City, and the establishment in lieu thereof such court or system of courts as the General Assembly may deem necessary, etc., approved August 20, 1913, and the several acts amendatory thereof, particularly Section 5 of the act approved August 17, 1914, providing for an official court stenographer and fixing his compensation, powers and duties, be and the same are hereby amended by striking Section 10 and 49 as amended, and Section 5 of the amendatory act approved August 17, 1914 and inserting in lieu of the sections so stricken new section to be numbered 10, 49, and 24 (a), to read as follows: Act Approved August 20, 1913 Amended Section 10. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the

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same, that effective January 1, 1914, there is hereby created a section of said court to be known as the Civil Court of Fulton County, which section shall be a part of the system of municipal courts in the County of Fulton. Said Civil Court of Fulton County shall have concurrent jurisdiction with the Superior Court of Fulton County over the entire County of Fulton, except as to cases arising from injuries to the person or reputation and of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia. Said court's jurisdiction within that part of the City of Atlanta that lies within Fulton County shall be in lieu of Justice Courts. Creation of Court Jurisdiction The succeeding sections of this act from 11 to 49 inclusive, shall be held to refer only to the Civil Court of Fulton County, and whenever in said sections of this act the words Civil Court of Fulton County or the words said court are used, they shall be held to refer only to the Civil Court of Fulton County. Application Sec. 49. Be it further enacted by the authority aforesaid, that costs shall be charged and collected by the Clerk and Marshall of said Court as follows: CLERK For filing each suit, petition, plea, answer, amendment, demurrer, appearance card, demand for jury trial, counter- affidavit, etc., in any case $.50 List of Costs For docketing each new case 1.00 For docketing each motion, ancillary petition, garnishment, rule nisi, traverse or counter-affidavit in a pending case .50 For issuing process, summons or scire facias, each defendant 1.00 For preparing copy of suit for service, each, defendant .50 For second originals, each 1.50 For each verdict rendered and docketing same .50 For each judgment rendered and docketing same 2.00

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For entering verdict and/or judgment on minutes, where required .50 For attending court in each case tried 1.00 For entering orders of court on docket .50 For affidavit to obtain attachment, garnishment or summary process .50 For taking and approving bond in any civil case, including attachment and garnishment cases 1.00 For issuing attachments, foreclosures or other summary process 1.00 For each release of garnishment .50 For issuing witness subpoenas, each .20 For issuing subpoenas duces tecum, each .50 For entering any case on consent docket 1.00 For each case settled or dismissed before trial 1.00 For affidavit to obtain alias fi. fa. .50 For furnishing and certifying any process or order for publication 1.00 For issuing commission to take interrogatories 1.00 PROVIDED, HOWEVER, where the amount involved is $100.00 or less, except in dispossessory warrant cases, the Clerk will be authorized to charge only one-half of the above listed amounts for the service indicated For answering each writ of certiorari 3.00 For filing and docketing each appeal to the appellate Division, including filing all briefs 3.00 For entering judgment or remittitur from Court of Appeals or Supreme Court 3.00 For filing and docketing each bill of exceptions or writ of error 1.00 For exemplification of records, per hundred words .15 For affidavit where no cause is pending, each .50 For witnessing any paper .50 For issuing each fi. fa. .50 For certificate and seal of court, each 1.00

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MARSHALL For serving each process, summons, civil warrant or traverse (where formal entry of service is required), including entry of service 2.00 For serving subpoenas, each .50 For research and return of nulla bona or non est inventus 1.00 for each arrest in civil case 3.00 For each commitment in civil case and entering same 2.00 For each levy or seizure 2.00 For taking counter-affidavit in any civil case 1.00 For taking and approving bond in any civil case 1.00 For attending jury upon trial of each case each verdict 2.00 For attending court upon trial contested non jury case, each judgment 1.00 For attending court upon trial uncontested non jury case, each judgment .50 For settling case or fi.fa. before sale of property 2.00 For advertising personal property for sale 2.00 For settling fi.fa. from another court 2.00 For backing fi. fa. from another court 1.00 For Marshal'sDeed to realty or Bill of Sale to personalty 3.50 PROVIDED, HOWEVER, where the amount involved is $100.00 or less, except in dispossessory warrant cases, the Marshal will be authorized to charge only one-half of the above listed amounts for the service indicated. For commission on sale of personal property From $1.00 to $100.00 6% All over $100.00 2% For commission on sale of real estate: From $1.00 to $50.00 5% From $51.00 to $550.00 2% All over $550.00 1%

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For removing and/or storing property and keeping and feeding animals. The actual expense incurred after authorization by the Court. The cost in criminal cases in said Court and before the Judges thereof, shall be as follows: COST IN CRIMINAL CASES For each warrant including affidavit 1.25 For docketing each warrant .50 For arrest 3.00 For return of officer .50 For keeping prisoner 1.50 For taking bond 2.00 For taking testimony 1.25 For order requiring defendant to give bond in bastardy case 1.00 For order of commitment or discharge or dismissal 1.00 For entering any order .50 For motion to withdraw or dismiss warrant 1.00 For docketing same .50 For Deputy Marshal attendance .50 For certified copy of warrant 1.50 For same under Code Section 38-627 2.50 A new section to be numbered 24 (a), which is in lieu of Section 5 of the Act approved August 17, 1914, to read as follows: Sec. 24 (a). Be it further enacted by the authority aforesaid that the judges of said court shall have power to appoint and at pleasure remove, two official reporters, or stenographic reporters for said court, one of whom shall be designated chief official reporter. Such official reporters or stenographic reporters, before entering on the duties of their offices, shall be duly sworn, in open court, faithfully to perform all the duties required of them by the judges of said court; and it shall

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be their duty, when directed by one of the judges of said court, to attend the court and to exactly and truly record or take stenographic notes of the testimony and proceedings in the case tried, except the argument of counsel. The compensation of the said official reporters or stenographic reporters shall be such salaries as may be fixed by the Board of Commissioners of Roads and Revenues of Fulton County upon recommendation of the judges of said court, and for recording or taking stenographic notes and recording the evidence in such 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, the charge shall be at a rate not to exceed ten cents per hundred words, 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. Said official reporters or stenographic reporters shall, for reports of evidence and other proceedings by them furnished be paid by the party requesting the same, at a rate not to exceed ten cents for each one hundred words. Reporters Duties of Reporters Compensation Amend Section 13 of said Acts of 1913, page 145, as amended by Section 2 of the Acts of 1935, page 500, by further amending said Section as amended, as follows: `That in the event of a vacancy arising in the office of chief judge or associate judges of the Civil Court of Fulton County by death, resignation, or otherwise, the Governor shall appoint a successor to such office to fill the term or unexpired term thereof, and said appointee shall hold said office for the term or the remainder of the unexpired term of his predecessor in said office.' Vacancy on Court Amend Section 16 of the said act of 1913 as amanded by Section 7 of the said Act of 1935 by striking the whole of said section as amended and enacting a new section 16 in lieu thereof to be known as No. 16 and to real as follows. Section 16. The annual salary of the chief judge

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and the associate judges of the Civil Court of Fulton County shall be $8,500.00 and shall be paid in equal monthly installments, upon warrants approved by the chairman of the Board of Commissioners of Roads and Revenues of Fulton County and drawn upon the county treasurer of Fulton County, provided that no judge or other official of said Court shall receive to his own use any fees or perquisites of office. Salary of Judges Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act be, and the same are, hereby repealed. Approved January 31, 1946. FLOYD COUNTY CITY COURT No. 595 An Act To amend an Act entitled An Act to establish a City Court in the County of Floyd as amended to provide a salary for the Judge of said City Court; to fix the date of beginning and expiration of the term; to provide that the Judge elected in the general election of 1946, shall be permitted to practice law until he takes the oath of office as Judge of said Court. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. Section 1. That an Act approved September 27, 1883, as amended, entitled an Act creating the City Court of Floyd County, Georgia, be and the same together with all amendments thereto is amended as follows: Section 2. That any person hereinafter elected at the 1946 general election shall be qualified to practice law until he takes the oath of office for the term for which he is elected. Practice of Law Section 3. That from and after the first day of October 1947, the salary of the Judge of the City Court of Floyd County, Georgia, shall be four hundred dollars per month, in lieu of two hundred and fifty dollars per month as now

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provided in the Act of September 27, 1883 as amended. Salary of Judge Section 4. That the person elected as Judge of the City Court of Floyd County, Georgia, in the general election of 1946, shall, after taking office, serve as Judge of said Court until the thirty first day of December, 1950. Term of First Judge Section 5. That from the first day of January, 1951, the person elected as Judge of said Court in the general election of 1950, shall serve for a period of four years, beginning on the first day of January, 1951, and shall continue in office as Judge of said Court until the thirty-first day of December, 1954. Term of Subsequent Judge Section 6. Be it further enacted by authority of the same, that all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved January 31, 1946. MUNICIPAL COURT CITY OF MACON No. 492 An Act to amend an Act establishing the Municipal Court City of Macon, approved August 16, 1913, and Act amendatory thereof, approved July 20, 1929, and Act amendatory thereof, approved March 15, 1935 and Act amendatory thereof, approved July 20, 1929, and Act amendatory thereof, approved March 23, 1937; to regulate and define the precedure in said court including costs and methods of appeal; 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 12 of the Act approved August 16, 1913, said Act being the Act establishing the Municipal Court City of Macon, and said Section 12 being the section of said Act dealing with the power of appointing a Judge pro hac vice in said Court be and the same is hereby amended so as to vest the power of appointing a Judge pro hac vice, under certain conditions, in the Judge of the Municipal Court City of Macon instead of in the Judge of Bibb Superior Court so that Section 12 of said

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Act as amended shall read as follows: Judge pro hac vice Section 12. Be it further enacted by the authority aforesaid, That in the event the Judge of said Municipal Court City of Macon is from providential causes unable to discharge the duties of his office, or from any cause is disqualified or prevented from presiding, the Judge of said Municipal Court City of Macon shall have the power to appoint some competent and disinterested attorney at law resident of Bibb County to preside in said Court in his stead, and the attorney so appointed, when the appointment is entered upon the minutes of said court, shall exercise all the functions of the Judge thereof. The compensation of said attorney for actual service as presiding Judge shall be ten dollars per diem, to be paid as the other officers of said court are paid. 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 Section 2 of the Act of the General Assembly of Georgia approved March 23, 1937 (Acts 1937 p 1195) be and the same is hereby amended by adding thereto a provision that when it becomes necessary to have a case reported in the Municipal Court City of Macon the Judge of said Court may designate a competent and disinterested stenographer to report said case and the compensation of said reporter shall be ten cents per hundred words for taking down and ten cents per hundred words for writing out the record of the said case and if not paid by the parties liable therefor it shall be taxed as cost in said case and fi fa issued therefor for the use and benefit of the reported so reporting said case and paid to him when collected as compensation for reporting said case, so that said Section 2 when amended shall read as follows. Designation and Compensation of Reporter The Judge of the Municipal Court City of Macon shall have the same authority as the Judge of the Superior Court to order a case reported, and he may direct the case reported when either party or counsel request it, or when, in the discretion of the Judge, the ends of justice require that the case be reported. Whenever a case is reported

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in said Court under the rule, either by agreement of parties or counsel, or by direction of the Court under the rule, the cost of such reporting shall be taxed equally against the parties to the case and shall be assessed as costs in the case under the same rules as prevail in the Superior Courts, save that the charge for reporting shall be at the rate of ten cents per hundred words for taking down the testimony and evidence and ten cents per hundred words for writing it out. If either party or his counsel object to the case being reported, the party so objecting shall not be charged with any expense of reporting the same, unless the Judge, on preliminary investigation, shall determine that the case is one that should be reported and shall direct it reported under the rule. The Judge of the Municipal Court City of Macon shall have the right to designate a competent and disinterested stenographer to report any case tried in said Court and the compensation to be paid said reporter shall be at the rate of ten cents per hundred words for taking down the testimony and evidence and ten cents per hundred words for writing it out, and if not paid by the parties liable therefor, the same shall be taxed as costs in the case and fi fa issued therefor for the use and benefit of the said reporter so reporting said case and paid to him as compensation for reporting said case. Section 3. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that Section 1 (e) of the Acts of the General Assembly approved March 15, 1935 (Acts 1935 p 534) be and the same is hereby amended by adding thereto the following specific provisions: That an appeal direct shall lie by bill of exceptions and writ of error to the Court of Appeals of Georgia or the Supreme Court of Georgia from the judgment, order or ruling of the Municipal Court City of Macon in the same manner judgments, orders and rulings of the Superior Courts are now reviewed, in all warrants to evict intruders, dispossessory warrants, and in all petitions for discharge in bail trover cases. That the figures $7.50 be stricken out and provision added that the costs in cases appealed be taxed at

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the rate of ten cents per hundred words for making up the transcript of the record and copying the bill of exceptions and that it be taxed as a part of the costs in the case, so that Section 1 (e) as amended shall read as follows: Appeals In all warrants to evict intruders, dispossessory warrants, and in all petitions for discharge in bail trover cases, and in all other cases tried in said Municipal Court City of Macon, wherein the amount involved, exclusive of interest, hire and cost is more than $50.00 an appeal shall lie by bill of exceptions and writ of error to the Court of Appeals of Georgia or to the Supreme Court of Georgia from the judgment order or ruling of said Municipal Court City of Macon in the same manner judgments, orders and rulings of the Superior Courts are now reviewed; provided, however, that the bill of exceptions shall be tendered within thirty days from the judgment, order, or ruling complained of, and certified and filed within ten additional days. Exceptions pendents lite shall be presented, certified and ordered filed within thirty days from the date of the rendition of the judgment, order, or ruling complained of. The costs on appeals for transcript of the record and copying the bill of exceptions to the Court of Appeals and the Supreme Court shall be at the rate of ten cents per hundred words and shall be taxed as a part of the costs in said case against the party liable therefor. Provided further, that the procedure and method of review and appeal as provided for in this Act shall not be exclusive, but shall be cumulative, and nothing herein contained shall be construed to abolish the writ of certiorari. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 30, 1946.

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RETIREMENT OF JUDGES AND SOLICITOR GENERAL OF FULTON COUNTY CIVIL AND CRIMINAL COURTS No. 575 An Act to provide for the retirement of the judges and the solicitor general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County and the judge of the Juvenile Court of Fulton County, under certain terms and conditions as prescribed in this act; to provide that such Judges and Solicitor General may, after having served continuously in either or both offices for twenty (20) years, be, at his or their option, entitled to retire by filing with the Governor of Georgia a declaration in writing, advising the Governor that such Judges or Solicitor General are retiring under the provisions of this act; to provide that upon such retirement the said Judge or Judges and/or Solicitor General shall be paid for and during the remainder of his life, by Fulton ounty, Georgia, and/or its authority, a retirement salary which shall be in each instance, a sum equal to one half of the salary of such retiring Judge or Solicitor as he or they may be receiving under the law at the time of his or their retirement; to provide the manner and method of its payment; to create the Judges' and Solicitor Generals' Retirement Fund of Fulton County; to provide for Trustees thereof; to provide for payments into and disbursements from said fund; to repeal all laws in conflict herewith and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this act, a Judge and/or Solicitor General of the Criminal Court of Fulton County, a Judge of the Civil Court of Fulton County and/or Judge of the Juvenile Court of Fulton County may, at his and/or their option, retire under the provisions of this act provided such Judge or Judges or Solicitor General shall have served continuously in either or both offices for twenty (20) years. The years of service prior to the passage of this Act shall be counted in computing the

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time necessary for eligibility for retirement, beginning with the actual date of qualification for either office and twenty continuous years or twenty years under this act wherever used herein is defined as twenty years of twelve months each, commencing with the date when such Judge or Solicitor General qualified for the office, and not twenty calendar years. Eligibility for Retirement Section 2. Such Judge or Judges or Solicitor General desiring to retire under the provisions of this act shall file with the Governor of Georgia a declaration, in writing, stating therein that the Judge or Solicitor General is retiring under the terms of this act. Thereupon the Governor shall acknowledge the same and cause to be filed with the Board of Commissioners of Roads and Revenues of Fulton County, Georgia, the original declaration together with his acknowledgment thereof. Thereafter the Judge or Solicitor General thus retiring, who has complied with the other provisions of this act, shall be entitled to the benefits hereof as hereinafter provided. Declaration in Writing Section 3. Be it further enacted that there is hereby created a fund to be known as THE JUDGES AND SOLICITOR GENERALS' RETIREMENT FUND OF FULTON COUNTY. The Trustees of said Fund shall be the Chairman of the Board of Commissioners of Roads and Revenues of Fulton County, the Clerk of the said Board of Commissioners of Roads and Revenues, the senior Judge, in point of service, of the criminal Court of Fulton County, the senior Judge, in point of service, of the Civil Court of Fulton County, and the Treasurer of Fulton County. The Treasurer of Fulton County shall be ex officio the treasurer of said Fund and shall be the receiving and disbursing officer thereof under the terms of this act and with the advice of the Trustees of said fund. Fund Section 4. Be it further enacted that all Judges and the Solicitor General aforesaid, who shall elect to qualify for retirement under this act, shall within thirty (30) days from its passage, or, in the case of Judges and Solicitors General who may hereafter succeed the present Judges and Solicitor General as aforesaid, within thirty (30) days

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from their qualification for their respective officers, commence paying into the Retirement Fund as provided in Section 3 of this act, the amount of 5% of the salaries paid to said Judges and Solicitor General by Fulton County, said 5% of salary aforesaid shall be deducted from the monthly salary as paid to said Judges and/or Solicitor General. These sums as deducted shall be deposited by the Trustees through their Treasurer and through th County Treasurer, into the Retirement Fund hereinbefore provided. Thereafter any Judge or Solicitor aforesaid who shall make payments hereunder to the date of retirement shall be eligible to retire under the terms of this act, and upon retiring shall be paid monthly a sum equal to one half of the salary received by such retiring Judge or Judges or Solicitor General at the time of such retirement, said one half salary to be paid for and during their life or lives, and said payments to be made on the first of each month by the Trustees, through their Treasurer, from THE JUDGES' AND SOLICITOR GENERALS' RETIREMENT FUND of Fulton County as created by this act. Payment by Judges and Solicitor General Section 5. Be it further enacted that any Judge or Solicitor General not electing to qualify within the time specified in Section 4 hereof, but later electing to qualify for benefits under this act, then and in that event such Judge or Solicitor General shall commence paying into the Retirement Fund the percentage of his salary as is provided in Section 4 hereof, and in addition thereto he or she shall pay into said Fund, in a total or lump sum, an amount equal to 5% of his or her salary from the time of the passage of this act, or in the case of new Judges or new Solicitors General, from the time of qualifying for their respective offices, plus three per centum per annum on the payments provided for in this act from the date upon which the Judge or Solicitor General first became eligible to qualify under said act, and upon making such payments he, she or they shall be qualified to retire under the terms hereof. Later Election to Qualify Under Act Section 6. Be it further enacted that the Board of Commissioners

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of Roads and Revenues for Fulton County or other authority of said County shall, beginnning with the calendar year, 1947, annually appropriate to pay to the Trustees of THE JUDGES' AND SOLICITOR GENERALS' RETIREMENT FUND OF FULTON COUNTY herein created, an amount equal to all contributions made during such calendar year, including accumulated contributions, by all Judges and Solicitors qualify and paying under this act. Said County authority may make such contribution from any available revenues and shall, if necessary, levy an annual tax to provide funds for this purpose. Such sum annually appropriated and paid by the County authority into said Fund shall be combined with the contributions of Judges and Solicitors qualifying and paying under this act, and these several sums together shall constitute THE JUDGES' AND SOLICITOR GENERALS' RETIREMENT FUND aforesaid. Said Fund shall be administered by the Trustees as hereinbefore provided in this act and shall be free from the control of any other authority for any other purpose and used only for the payment of retirement compensation as is in this act provided. Should said Fund at any time be insufficient to meet and pay retirement compensations due and owing under this act to the Judges and Solicitors aforesaid or their beneficiaries lawfully entitled thereto as hereinafter provided, the said Board of Commissioners of Roads and Revenues or other county authority from year to year shall supplement said Fund by an appropriation, from any revenue which may lawfully be used for said purpose, in an amount sufficient to meet all obligations against said Fund for any current year. The Trustees herein provided for shall have authority to invest any portion of said Retirement Fund, not currently needed to pay lawful claims against the same, in any investments which are lawful investments of trust funds under the laws of Georgia. Appropriation by County Administration of Fund Investment of Funds Section 7. Be it further enacted that should any Judge or Solicitor General under this act, who has contributed to said Fund as hereinbefore provided, die, resign or otherwise

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become disqualified to hold said office, without having received or having become entitled to receive benefits of any kind hereunder, then and in that event such contributing Judge or Solicitor General or his personal representative, as the case may be, shall be entitled to a refund of all sums contributed and paid in by or on behalf of such Judge or Solicitor General less one half of one percent for each year that such participating Judge or Solicitor General received protection under this act. Refunds Section 8. Be it further enacted that should any Judge or Solicitor General, receiving benefits from this Fund at the time of his death, has not received the total amount, without interest, paid by him into said Fund, then and in that event his widow, or if there be no widow, his personal representative shall be paid from said Fund the remainder of his payments into said Fund. Payment to Widow Section 9. Be it further enacted that the Trustees of this Fund be and they are hereby authorized to make such rules and regulations for the administration of the Fund as herein created, and for the carrying out of the terms of this act as they may deem necessary provided that no such rules or regulations shall be inconsistent with this act or any of the provisions hereof. Authorization to Trustee Section 10. Be it further enacted that 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 provisions to other persons or circumstances shall not be affected thereby. Invalidity of Part Section 11. Be it further enacted that the County Auditor be and he is hereby authorized to make an annual audit of THE JUDGES' AND SOLICITOR GENERALS' RETIREMENT FUND OF FULTON COUNTY. Audit Section 12. Be it further enacted that all laws and parts of laws in conflict herewith be and they are hereby repealed. Approved January 31, 19446.

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SOLICITOR OF CLINCH COUNTY COURT No. 500 An Act to amend an Act approved March 2, 1945 (Acts 1945, pp. 829-830) entitled an Act to amend an Act approved February 22, 1943, 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 for other purposes, by striking from the Act approved March 2, 1945, that certain paragraph which prescribes the qualifications of the Solicitor of the County Court of Clinch, same being the paragraph next to the last, and by inserting in lieu thereof a new paragraph prescribing the qualifications for the Solicitor of the County Court of Clinch 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 March 2, 1945 (Acts 1945, pp. 829-830) entitled An Act to amend an Act approved February 22, 1943, by providing for the filling of vacancies in the office Solicitor of the Clinch County Court, to prescribe their eligibility, appointment, and to provide for vacancies and for other purposes, be and the same is hereby amended by striking from the Act approved March 2, 1945, that certain paragraph which defines the qualifications of the Solicitor of County Court of Clinch, same being the paragraph next to the last of said Act, and by inserting in lieu thereof a new paragraph to read as follows: Qualifications The Solicitor of the County Court of Clinch shall be a persons 21 years of age, a duly licensed practicing attorney, and a bona fide resident of the County of Clinch. Before being eligible to fill the office of Solicitor of the County Court of Clinch County, the person seeking the office must have been a resident of Clinch County for twelve months and must remain a resident of Clinch County during his tenure of office. Section 2. That all laws and parts of law in conflict

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with this Act be, and the same are, hereby repealed. Approved January 30, 1946.

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PART IIICORPORATIONS

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TITLE I MUNICIPAL CORPORATIONS ACTS. Adairsville Bond Issue Election Adairsville Town Charter Amendment Americus City Charter Amendment Athens City Charter Amendment Athens Public Schools Atlanta Airport Regulations Atlanta Charter Amendments Atlanta Charter Amendments Augusta Charter Amendment Augusta City Charter Amendment Augusta City Charter Amendment Barnsville City Charter Amendment Blairsville City Charter Amendment Brunswick City Charter Amendment Cedartown City Charter Amendment Chamblee City Charter Amendment Chamblee City Charter Amendment College Park City Charter Amendment College Park City Charter Amendment Colquitt City Charter Amendment Columbus City Charter Amendments Columbus City Charter Amendments Columbus City Charter Amendment Columbus City Charter Amendment Columbus City Charter Amendment Darien City Charter Amendment Dalton City Charter Amendment Dawson City Charter Amendment Dearing Water Works Decatur City Charter Amendment Decatur City Charter Amendment Decatur City Charter Amendment East Point Charter Amendment Fitzgerald City Charter Amendment Ila City Charter Jackson New City Charter Jacksonville City Charter Amendment LaGrange City Charter Amendment Macon City Charter Amendment Madison City Charter Amendment Milan Town Charter Amendment Pelham City Charter Amendment Pooler Town Charter Amendment St. Marys City Charter Amendment Savannah City Charter Amendments Silvertown City Charter Amendment Thomasville City Charter Amendment Thunderbolt, Authority to Pass Zoning Laws Tybee Town Charter Amendment Warm Springs City Charter Amendment Waycross School Tax Woodbine Town Charter Amendment

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ADAIRSVILLE BOND ISSUE ELECTION No. 515 An Act To authorize and empower the town council of the town of Adairsville, in Bartow County, Georgia, to order an election held therein to determine whether or not bonds shall be issued by said town of Adairsville in the sum not to exceed Forty Thousand Dollars, and the same to be sold, and the proceeds thereof, or such portion thereof as may be necessary, to be used for the purpose of establishing, building, maintaining or purchasing and operating a system of sewage should the people of the town of Adairsville so desire, including the right of eminent domain, and to authorize the issuing said bonds, selling the same and assessing, levying and collecting a tax on all property, both real and personal on the property of said town of Adairsville for the purpose of paying the interest on said bonds as well as the principal thereof, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That after the passage of this Act the town council of the town of Adairsville shall submit to the qualified voters of said town under the provisions of the Code and Constitution of Georgia the question of issuning bonds in a sum not to exceed Forty Thousand Dollars and the same of such portion thereof as may be necessary to be sold for the purpose of establishing, building, maintaining and operating a system of sewage for said town of Adairsville, including the right of eminent domain, provided, that it is hereby left discretionary, with the mayor and council of said town of Adairsville as to whether or not they will order an election submitting to the qualified voters of said town of Adairsville the question of issuing bonds for the building and maintaining of a system of sewage. And in the event said town council of Adairsville shall order an election the question of issuing bonds for sewage system the ballots shall be written or printed, For sewage System Bonds, or Against Sewage System Bonds. Purpose of Bonds

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Section 2. Be it further enacted that should the said election herein provided for be in favor of bonds for sewage system then the said town council of the town of Adairsville shall be and is hereby authorized to issue said bonds for the purpose set forth in section 1 of this Act, in a sum not to exceed Forty Thousand Dollars in the aggregate, each of said bonds to be in such sum as said town council of said town may designate; provided, the same be not less than One Hundred Dollars each and not more than One Thousand Dollars each; and said bonds are to run for a period not to exceed thirty years with interest thereon at a rate not to exceed five percent, per annum, said interest to be paid annually or semi-annually, as said town council may elect and direct and at such place or places as said council may designate. Amount and Period Section 3. Be it further enacted, that said town council of Adairsville shall have power and authority, and are hereby vested with the same, to determine how much, if any of the principal of said bonds shall be paid annually, or if the said town council shall deem it best and most conducive to the interest of the town of Adairsville, they are hereby authorized and empowered not to make annual payments on the principal, but to make such payments on the principal, of said bonds at such times as they may deem best, or to defer payments on the principal of said bonds until all the principal of said bonds is matured at the expiration of the time for which they are issued. Authority of Council Section 4. Be it further enacted that said bonds shall be signed by the mayor and clerk and treasurer of said town of Adairsville under its corporate seal and shall be sold, hypothecated or disposed of to the very best advantage and interest of said town of Adairsville, as may be determined by said town council of said town of Adairsville, and the proceeds thereof used for the purposes set forth in section I of this Act. Disposition of Bonds Section 5. Be it further enacted, that the system of

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sewage herein provided for shall be located at such place or places, maintained and operated in such manner and style as such town council shall deem for the best interest of said town and its citizens, and that will be most conductive to a full economic service of sewage for the use of said town and the citizens thereof. Operation of Sewage System Section 6. Be it further enacted, that said town council of said town shall have full and ample power to make any and all rules, regulations and ordinances relative to said water works and electric lights and the use of said water and lights by the citizens of said town that they may deem right and proper; provided only that the same are not repugant to the Constitution and laws of this State. Rules and Regulations Section 7. Be it further enacted, that the town council of the town of Adairsville are hereby authorized and empowered to furnish and sell the services of said system to consumers, to charge therefor such sum as the said town Council may deem just and proper for the use of said system, the proceeds of the sale of said water and said lights to be used in maintaining said system and operating the same, and if any profit should be derived, from sale of said system, same is to be applied to the payment of interest and principal of said bonds. Sale of Services Section 8. Be it further enacted, that the said town council of said town are hereby authorized and empowered to annually assess, levy and collect a tax on all property, both real and personal, within the corporate limits of said town in such sums as they may deem right and proper for the specific purpose of paying the interest on said bonds on maturity of said bonds, or at such times as said town council may have fixed for the payment of the principal of said bonds. Tax Section 9. Be it further enacted that the town council of said town is hereby authorized and empowered in lieu of making payments on the principal of said bonds before maturity thereof, to make such deposits, loans or other disposition of the money raised annually for the payment

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of the principal on said bonds as will secure interest on such money and insure its safety to be forthcoming to meet the said bonded indebtedness of said city at its maturity and thus annually provide a sinking fund for said purposes of paying the principal on said bonds when all have matured. Deposits and Loans Section 10. Be it further enacted, that if the election herein provided for should be against issuing of said bonds, then and in that event the town council of the said town of Adairsville may at their own instance, and shall on the application in writing of any ten freeholders of said town at any time hereafter, order other election under the provision of this Act; provided only said election shall not be held oftener than every six months. Procedure in Case of Negative Election Section 11. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. A certificate of the Ordinary of said County of Bartow being attached as part thereof. Approved January 30, 1946. ADAIRSVILLE TOWN CHARTER AMENDMENT No. 517 An Act, To amend the charter of the town of Adairsville, in Bartow County, Georgia and the various Acts amendatory thereof, so as to extend the corporate limits of said town. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the Authority of the same, Section 1. That on and after the passage of this Act the charter of the town of Adairsville, in Bartow County, Georgia, and the various Acts amendatory thereof be, and the same is, hereby amended as follows: That the corporate limits of said town be and are hereby enlarged and extended so as to form a square including and embracing all territory therein to be ascertained by limits one mile distances east, west, north and south, from the center of the W. A. Railroad Depot in said

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town, the lines through said points, one mile from said depot, to so extend as to meet and form said square; provided, however this act and amendment shall become effective only when same is agreed to by a majority vote of those voting and qualified to vote for members of the General Assembly of Georgia on January 18, 1946, and living within the territory embraced in and to be affected by this act, the said election to be called, held and declared and the voters list provided by the Mayor and Council of the Town of Adairsville, Georgia. Corporate Limits Enlarged Vote Section 2. All other laws and parts of laws that conflict with this Act be, and the same are, hereby repealed. Approved January 30, 1946. AMERICUS CITY CHARTER AMENDMENT No. 526 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, approved November 11, 1889, so as to confer additional powers on the Mayor and City Council of Americus, to give it authority to pass zoning and planning laws and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act, the Mayor and City Council of Americus are hereby given and granted authority to pass zoning and planning laws whereby the City of Americus may be zoned or districted for various uses and other or different uses prohibited therein and regulating the use for which said zones or districts may be set apart and regulating the plans for development and improvement on real estate therein. Authority to Pass Zoning Laws Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 31, 1946.

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ATHENS CITY CHARTER AMENDMENT No. 468 An Act to amend the Act granting a Charter to the Mayor and Council of the City of Athens, and all of the amendatory Acts thereto, so as to make the Mayor the Chief Executive Officer thereof; to define his duties powers and responsibilities; to grant to the Mayor the power of veto over all ordinances passed by Council; to provide how the veto may be overridden; to provide that the Mayor shall annually at the proper time, make up and submit a full and complete budget for all departments of the City of Athens; to authorize the Council to reject the budget so submitted and to direct the Council to make up and adopt an annual budget for all departments of the city, in the event they reject the budget so submitted by the Mayor; to provide that the Mayor shall appoint all special committees of the Council; to provide that the Mayor shall nominate all department heads which are now nominated by the Council alone, and in the event the Council rejects the nomination of the Mayor, then the Mayor shall submit a second nomination and in the event the second nomination is also rejected by the Council, then the full Council shall immediately proceed to nominate and elect the department heads; to provide for a referendum to the voters of the City of Athens, 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 the Act creating the Charter of the Mayor and Council of the City of Athens, and all amendatory Acts thereto, be and are hereby amended, and the Mayor and the Mayor and Council of the City of Athens, shall have the veto power on all questions coming before the Mayor and Council of the City of Athens, and shall have the right to veto any ordinances or resolutions of said Council, provided said veto is exercised within five (5) days after the passage of said ordinance or resolution, and

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provided further, that any ordinance or resolution so vetoed by the Mayor shall not be passed over the said veto, except by the two-third vote of the members of the General Council voting to override said veto. Veto Power Section 2. The Mayor of the City of Athens shall appoint all special committees of the Council, and shall annually make up and submit to the General Council a full and complete budget for all departments of the City of Athens. When said budget is submitted by the Mayor to the Council, they shall immediately accept or reject the same after consideration. Should the Council reject the budget so submitted by the Mayor for the various departments, then the full council shall immediately proceed to make up and adopt a budget for the various departments of the City themselves. Appointment of Special Committees Section 3. The Mayor of the City of Athens shall nominate the desired heads for those departments of the City of Athens, which are now nominated and elected by the Council alone, and shall submit his nomination to the Council, and in the event the council fails to elect the person so nominated, then the Mayor shall immediately submit an additional nomination, and in the event the Council rejects and fails to elect the second nomination, then the full Council shall immediately proceed to nominate and elect the department heads themselves, from proposals made by the Council. Nothing contained herein shall apply to any department head now elected or appointed by any Board or Commission of the City of Athens, but shall apply only to those Department heads which are now elected by Council alone. Department Heads, Nomination by Mayor The Mayor of the City of Athens, is hereby declared to be and is hereby made the Chief Executive Officer of the City of Athens. Mayor as Chief Executive Section 4. This Act shall not become effective until ratified by the qualified voters of the City of Athens at an election to be held for its ratification or rejection. Within 60 days from the date this Act is approved by the Governor, the Mayor and Council of the City of Athens shall meet and fix a date for the election for the purpose of ratifying

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or rejecting this Act. The election shall be set not less than 30 nor more than 60 days from the date the election day is fixed. Notice of the election shall be given by publication once a week for two weeks in the newspaper where notices affecting the City of Athens are published and by posting a copy of the order fixing the election date before the City office. The Mayor and Council of the City of Athens shall cause ballots to be made up separately from any other referendum or issue which may be submitted to the voters of the City of Athens on said date. Said ballots shall provide that those voting for this act shall vote For the Act enlarging the Mayor's powers and those voting against this Act shall vote Against the Act enlarging the Mayor's powers. The ballots cast shall be consolidated and counted by the election managers who shall certify the results to the Mayor and Council of the City of Athens and an order disclosing the results shall be passed and spread upon the minutes of the Mayor and Council of the City of Athens. The Mayor and Council of the City of Athens shall select three election managers for each polling booth. The managers and clerks shall be paid from the City Treasury, the amount to be fixed by the Mayor and Council of the City of Athens. Election Section 5. That this Act when ratified and approved by the voters of the City of Athens as provided for in Section 4 of this Act shall, upon the entering of the order by the Mayor and Council of the City of Athens declaring the same ratified, become of full effect and force. When Effective Section 6. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved January 26, 1946. ATHENS PUBLIC SCHOOLS No. 467 An Act To Amend an Act entitled An Act to establish a system of public free school in the City of Athens, Georgia, and to provide for the mainenance and support of the same; to provide for the issuance of bonds by

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said City for the purpose of building school houses, and for other purposes approved October 15, 1885, and appearing in the Act of the General Assembly of Georgia 1884-1885, page 603, so as to give to the Board of Education as established by said Act the additional powers of the right of eminent domain for the purpose of acquiring property by condemnation proceedings to build school buildings, repair and improve the same, and for the improvement of school property; 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 establishing a system of free schools in the City of Athens, Georgia, and to provide for the maintenance and support of the same and providing for the issuance of bonds by said City for the purpose of building school houses, and for other purposes, approved October 15, 1885, Georgia Laws 1884-1885, page 603, be amended by adding two new Sections thereto, to be known as Section 11 and Section 12, and to read as follows: Ga. L. 1884-1885 P 603 Amended Section 11. From and after the passage and approval of this Act, the Board of Education of the City of Athens, Georgia, shall have the right to acquire by eminent domain property for the purpose of building school buildings, repairing and improving the same and for improving the school property. Eminent Domain Section 12. Be it further enacted that said Board of Education shall have the same power as given cities, towns, and municipalities in the State of Georgia for the purpose of condemnation of private property as outlined in Title 36 of the Code of Georgia of 1933. Condemnation Section 2. That all laws and parts of laws in conflict with his Act be and the same are hereby repealed. Approved January 26, 1946.

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ATLANTA AIRPORT REGULATIONS No. 620 An Act to amend the Act entitled An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several acts amendatory thereof, and for other purposes; and in particular the acts amendatory thereof adopted July 27, 1929 (Georgi Laws, 1929, page 818, et seq.) and the act approved August 27, 1931 (Georgia Laws, 1931, page 651, et seq.) and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes be and the same is hereby further amended by adding the following provisions: Charter Amended Section 1. Definitions . As used in this amendment, unless the context otherwise requires: (1) Airport means any area of land owned or leased by the City of Atlanta and set aside and developed for the landing and taking-off of aircraft and utilized or to be utilized in the interest of the public for such purposes. (2) Airport hazard means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking-off at any airport or is otherwise hazardous to such landing or taking-off of aircraft. Definitions (3) Airport hazard area means any area of land upon which an airport hazard might be established if not prevented as provided in this Act. (4) Person means any individual, firm, partnership, corporation, company, or other legal entity and includes any trustee, receiver, assignee, or other legal representative. (5) Structure means any object constructed or installed by man, including, but without limitation, buildings,

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towers, smoke-stacks, and overhead transmission lines. Section 2. Airport Hazards Contrary to Public Interest . It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking-off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared: (a) that the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; (b) that it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and (c) that this should be accomplished, to the extent legally possible, by exercise of the police power, without compensation. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein. Airport Hazards Section 3. Power to Adopt Airport Zoning Regulations . In order to prevent the creation, establishment, or continuation of airport hazards, the City of Atlanta acting through its constituted zoning commission as otherwise provided in said amendment adopted July 27, 1929 (Georgia Laws, 1929, Page 818 et seq.) and as further amended from time to time, may adopt, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow. Power to Adopt Regulations

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Section 4. Conflict . In the event of conflict between the provisions of this Act and the regulations adopted hereunder and any other regulations applicable to the same area, whether the conflict be with respect to height of structures or trees, the use of land, or any other matter, and whether such regulations were adopted by the City of Atlanta or some other authority or political sub-division, the more stringent limitation or requirement shall govern and prevail. Conflict Section 5. Procedure for Adoption of Zoning Regulations . The procedure required for the adoption of zoning regulations shall be that specified in the general zoning law adopted July 27, 1929 (Georgia Laws, 1929, Page 818, et seq.), and as amended by the several acts amendatory thereof. Procedure of Adoption Section 6. Airport Zoning Requirements . (1) Reasonableness . All airport zoning regulations adopted under this Act shall be reasonable and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of this Act. In determining what regulations it may adopt, the Planning Commission shall consider, among other things, the character of the flying operation expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property to be zoned is put and adoptable. Requirements of Regulations (2) Non-conforming Uses . No airport zoning regulations adopted under this Act shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or therwise interfere with the continuance of any non-conforming use, except as provided in Section 7 (3). Section 7. Permits and Variances . (1) Permits . Any airport zoning regulations adopted under this Act may require that a permit be obtained before any new structure or use may be constructed or established and before any exisiting use or structure may

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be substantially changed or substantially altered or repaired. In any event, however, all such regulations shall provide that before any non-conforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing such replacement, change or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming structure or tree or non-conforming use to be made or become higher of become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made. Permits (2) Variances . Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of airport zoning regulations adopted under this Act, may apply to the Board of Adjustment for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this Act; Provided, That any variance may be allowed subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purpose of this Act. Variances (3) Hazard Marking and Lighting . In granting any permit or variance under this Section, the administrative agency, if it deems such action advisable to effectuate the purposes of this Act and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. Hazard Marking and Lighting Section 8. Appeals . Any person aggrieved by any decision

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of an administrative agency made in its administration of airport zoning regulations adopted under this Act may appeal to the Board of Zoning Appeals as provided under the amendment to the Charter adopted July 27, 1929 (Georgia Laws 1929, Page 818, et seq.) The Mayor and General Council may provide by ordinance for the details of such appeals. Appeals Section 9. Administration of Airport Zoning Regulations . All airport zoning regulations adopted under this Act shall provide for the administration and enforcement of such regulations by an administrative agency of the City of Atlanta which may be created by ordinance of the Mayor and General Council. Administratio Section 10. Judicial Review . Any person aggrieved by any decision of the Board of Zoning Appeals may have any such decision reviewed by the courts under the terms and provisions of the Act of 1929 adopted July 27, 1929 (Georgia Laws, 1929, Page 818, et seq.) and as amended. Review Section 11. Enforcement and Remedies . The Recorders Court of the City of Atlanta is specifically given jurisdicdiction to try any violation of this Act or any ordinance adopted by virtue of it, the Mayor and General Council are specifically authorized to provide by ordinance for the enforcement of the Act and the regulations promulgated thereunder and to impose fines and penalties otherwise authorized by the Charter for violation of the ordinances of the City of Atlanta. Penalties Section 12. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 1, 1946. ATLANTA CHARTER AMENDMENTS No. 569 An Act To amend the Act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. That the Act approved February 28, 1874, establishing a new Charter for the City of Atlanta and the several Acts amendatory thereof be and the same is hereby amended as follows: Ga. L. 1874 Amended Section 6 and 7 of the Act entitled An Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several Acts amendatory thereof and for other purposes approved March 9, 1945, (Georgia Laws, 1945, Page 1142, 1145) be and the same are hereby repealed. Section 2. Members of the Police Department shall be eretired upon reaching the age of sixty-five (65) years. Thereafter such members shall not be protected by any provision of the civil service law relating to policemen. This provision shall become effective December 31, 1947. Retirement of Member of Police Dept. Section 3. Section 16-101, Code City of Atlanta, 1942 is amended to read as follows: The Mayor and General Council shall have the power and authority to grant to Rich's Inc., the right to erect an overhead passageway across Forsythe Street between Alabama and Hunter Streets, upon such terms and conditions as they may fix, so long as the structure will not interfere with the present or future requirements for public purposes or public utility purposes. Grant to Rich's Inc. Section 4.The Mayor shall negotiate all contracts for concessions and leases of every kind in City Building and City property. This provision shall not apply on buildings and property under the jurisdiction of the Board of Education of said city. Negotiation of Contracts Section 5. Section 8-324, Code City of Atlanta, 1942 is amended to read as follows: The Mayor and General Council, in their discretion, may insure the lives of all members of the Fire Department, and provide appropriations therefor. The member shall have the right to designate any person having an insurable interest in the member as the beneficiary

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under the policy. This provision shall in no way affect the Pension Laws for Firemen, but shall be cumulative and additional thereto. Insurance for Members of Fire Dept. Section 6. That part of the Charter codified as Section 19-405, Code, City of Atlanta, 1942, is amended by striking from the second sentence of said Section the following words: At the rate of Seven per centum (7%) per annum, and substituting in lieu thereof the following words: At such rate as may be fixed by the Mayor and General Council, so that such sentence when amended shall read as follows: Said Ordinance may provide for payment of taxes monthly, quarterly or otherwise, as said Mayor and Council may provide; and on failure to pay the taxes or installment on taxes, as fixed by said ordinance, the same shall bear interest at the rate fixed by the Mayor and General Council, to be charged on any installment not paid at the time ordained. Interests on Taxes Section 7. That part of the Charter codified as Section 11-137, Code, City of Atlanta, 1942, is amended by adding the following provision at the end thereof: Except that the City of Atlanta may lease to the Georgia Power Company, for a period not exceeding 10 years, that tract of land located on the north side of Green Street, N. W., in the City of Atlanta, beginning 100' west of Northside Drive and extending westwardly along the north side of Green Street 150', and extending northwardly an even width with the front a depth of 125'. The lease and rental shall be upon such terms and conditions as the Mayor and General Council may determine. Lease to Ga. Power Co. Section 8. Section 17-103 of the 1945 Cumulative Supplement of the 1942 Code, City of Atlanta, be and the same is hereby amended by adding a new sentence at the end of said section as follows: The Mayor and General Council shall have authority to sell, convey or lease to the Garden Memorial Foundation, Inc., a certain tract or parcel of land located in and forming a part of Piedmont Park. Such tract of land is particularly described in a contract entered

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into on the 10th day of January, 1946, between the City of Atlanta and the Garden Memorial Foundation, Inc. Lease to Garden Memorial Foundation Section 9. Section 10-109 of the 1945 Cumulative Supplement of the Code, City of Atlanta, 1942 is amended to read as follows: There is hereby created the position of Deputy Recorder in the Recorders' Court of the City of Atlanta. He shall serve as senior clerk of both divisions of the Recorders' Court and shall have power to act as Recorder in the absence or 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 the Mayor and shall serve for a term of four (4) years. The first term shall begin on March 1, 1946. His compensation shall be Three Hundred ($300.00) Dollars per month, with the authority of the Mayor and 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 Section 10. Section 6-114, Code, City of Atlanta, 1942 is amended to read as follows: The Mayor and General Council shall not have any authority to increase the basic salaries or automobile allowances of any officer or employee of the City of Atlanta during any calendar year except during the month of January; Provided, however, that this shall not prevent the fixing of any salaries for new offices or positions created, or prevent the Mayor and General Council from reducing salaries because of economic conditions, or from abolishing positions. This section shall constitute the only restriction upon the power and authority of the Mayor and General Council in the matter of fixing salaries except where salaries are specifically fixed by the terms of this charter as amended. Increase of Salaries and Allowances Restricted

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Section 11. Base salaries are fixed as follows: Base Salaries Mayor $10,000.00 per year City Attorney 7,000.00 per year Comptroller 7,000.00 per year Chief of Police 6,000.00 per year Chief Fire Department 6,000.00 per year Building Inspector 4,500.00 per year These salaries shall be effective on and after February 1, 1946, and shall be payable in monthly or bi-monthly installments as may be fixed by the Mayor and General Council. Section 12. In order to more effectively enforce traffic ordinances the Mayor and General Council are hereby authorized in their discretion to provide that vehicles parked in violation of the ordinances of the City may be towed in off the streets, and held by the City subject to a reasonable charge for [Illegible Text] and storage to be fixed by the Mayor and General Council. The Mayor and General Council are further specifically authorized to impose penalties upon the owners of such vehicles for permitting parking in violation of applicable ordinances. This provision shall become effective on and after July 1, 1946. Disposition of Illegally Parked Vehicles Section 13. Vacancies in any official position created by the Charter, except that of Mayor, Department of Schools and members of the General Council, shall be filled by the Mayor subject to confirmation by the General Council. This provision shall apply in case of a vacancy in office by resignation, death, or otherwise and shall be only for the balance of the term so vacated. Vacancies Section 14. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 31, 1946. ATLANTA CITY CHARTER AMENDMENT No. 615 An Act to amend an Act entitled An Act to amend an Act establishing a new charter for the City of Atlanta, approved

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February 28, 1874, and the several acts amendatory thereof, and for other purposes, as amended and particularly the amendment approved March 20, 1939, (Georgia Laws, 1939, Page 841 et seq.) entitled An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874 and the several Acts amendatory thereof and for other purposes, and for 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 described in the caption of this Act, and particularly the Act approved March 20, 1939 (Georgia Laws, 1939, page 841 et seq.), be and the same is hereby amended as follows: Ga. L. 1939 P. 841 Amended Section 1. Sub-section (e) of Section 5 of said Act is hereby repealed. Section 2. All officers and employees of the Department of Law, except the City Attorney, who do not come within the civil service or tenure provisions of any other law, are hereby placed within the Classified Service of the Act described in the caption to this Act, subject to the provisions hereinafter stated. Employees of Dept. of Law Placed Within Classified Service Section 3. All officers and employees who are by this amendment placed in the Classified Service who have been employed in the Department of Law for a period of ninety (90) days prior to the effective date of this Act, shall retain their positions, subject to the provisions of the Act described in this amendment, and shall be deemed to have received a regular appointment, in accordance with the provisions of said Act. Any officer or employee coming under the Classified Service by virture of this amendment who, upon the effective date of said Act has not been in the service of said Department for ninety (90) days prior to the effective date of this Act, shall, upon completion of ninety (90) days of regular employment, come under the provisions of said Act and shall be deemed to have received a regular appointment thereunder. Retention of Positions Section 4. The positions in the Department of Law

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which are by this amendment placed in the Classified Service are hereby declared to be technical and professional positions and Section 21 of the Act referred to in the caption to this amendment shall not apply. Positions Declared Technical and Professional Section 5. This amendment shall become effective April 1, 1946. Effective Date Section 6. All laws and parts of laws in conflict with this amendment are hereby repealed. Approved February 1, 1946. ATLANTA CITY CHARTER AMENDMENT No. 531 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 in particular the Act approved March 20, 1939 (Georgia Laws, 1939, Page 841, et seq.), 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 to amend an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874,and the several Acts amendatory thereof and in particular the Act approved March 20, 1939 (Georgia Laws, 1939, Page 841, et seq.) be and the same is hereby further amended as follows. Ga. L. 1874; 1939 P. 841 Amended Section 1. By adding the following sentences at the end of Section 8 of said Act (Georgia Laws, 1939, Page 841, et seq.): The prevailing wage rate shall be the basic minimum salary schedule for skilled mechanics, holding positions in the Classified Service under this Act. Notice of the contents of such rules, regulations, classification plan, salary schedule and any modification thereof shall be given to all appointing authorities effected thereby, and shall be printed for public distribution. Wage Rate for Mechanics

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Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 31, 1946. AUGUSTA CHARTER AMENDMENT No. 594 An Act To amend the Charter of the City of Augusta, Incorporated and the City Council of Augusta by an Act approved January 31, 1798 (Georgia Laws, 1798), as amended by the various amendatory acts thereof, so as to require all persons intending to become candidates at any regular election now fixed by law to be held on the first Wednesday in December for Mayor of the City of Augusta, or for membership in the City Council of Augusta, or any special election therefor, to file notice of such intention; to provide for the regulation of such elections, the mode, method and requirements for the holding of same; to provide for special elections in said City in case of vacancy in the Office of Mayor or membership in Council, or for any other purpose in said City; To provide for the method and manner of calling a special election in said City; to provide for the return of all elections, regular or special in said City and declaration of the results of same; 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 the authority of the same: Section 1. That in addition to the existing provisions of the Charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798 (Georgia Laws, 1798), as amended by the various amendatory Acts thereof, there is hereby added thereto the following provisions: Ga. L. 1798 Amended (a) That the term `Council referred to in this Act shall always mean the City Council of Augusta; Definitions (b) That the term City referred to in this Act shall

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always mean the City of Augusta; (c) That the term Mayor when used in this Act shall mean the Mayor of the City of Augusta, and in the event of his death, absence from the City or inability to act, Mayor pro tem, or acting Mayor, whichever may exist at the time; (d) That the term Clerk whenever used in this Act, or Clerk of Council shall be construed to mean the Clerk of Council of The City Council of Augusta, or the Deputy Clerk of The City Council of Augusta. That every person hereafter intending to become a candidate for the office of mayor of the City of Augusta or for membership in the City Council of said City, whichever the case may be, at the regular City elections as now fixed by law for the first Wednesday in December, shall either by themselves or by the proper authorities of the party nominating them, file notice of their candidacy with the Mayor of the City of Augusta, at the same time filing a copy of said notification of their candidacy with the Clerk of Council of The City Council of Augusta, at least fifteen days but not more than thirty-five days before said regular election, which shall be held as now provided by law on the said first Wednesday in December of each year; said declaration or notification of such intention, which shall state the position, and in the case of the candidacy being for membership in The City Council, the ward in which said candidate is offering for election and anyone filing such declaration shall do so during the office hours of the City Hall prescribed by the ordinances of the City Council of Augusta. A written acknowledgement of the receipt of such declaration from said Clerk or his deputy shall always be evidence of its filing. In case not more than one notice or declaration of intention is filed in respect to the office of mayor during the time above required, then the Mayor shall provide for only one ballot box with one manager and one clerk to be placed at each ward poll in the City of Augusta. In case there is not more than one notice or declaration of intention filed as heretofore required for membership in The City Council of Augusta

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in any particular ward, the Mayor shall provide for only one ballot box and shall appoint only one manager and one clerk at the ward polls for which there is only one candidate. In case there is more than one candidate for the office of mayor in the election for said office and more than one candidate for membership in the said City Council from any of said wards, then the election shall be held as hereinafter provided. Definitions Section 2. Be it further enacted by the authority aforesaid that within seven days after the time has expired for filing the notice or declaration of intention of being a candidate for mayor of the City of Augusta or for member of Council, any person who has filed such intention in every case where more than one person has filed said notice in regard to such particular position shall have the privilege and right of submitting through the office of the Clerk of Council to the Mayor of said City for each ward in which the person so submitting is to be a candidate, a list of a number of names of persons for managers and clerks of the approaching election, which number shall double the number of the representation in clerks and managers to which such candidate shall be entitled as hereinafter set out. List of Managers and Clerks Section 3. Be it further enacted by the authority aforesaid that the Mayor shall cause all ballots for use in any regular or special election to be printed, said ballot to be uniform in size, color and arrangement and to be designated by having it printed upon them as the Official Ballot, which shall be bound in packets of fifty. All ballots in the election for mayor shall contain on one side the names of all candidates for mayor and those furnished for each ward for Councilmanic elections shall contain the name of the candidates for Council in that particular ward and on the back of said ballot shall be printed the words Official Ballot and the facsimile signature of the mayor and Clerk of Council. Nothing else shall be written or printed on said ballot except that necessary to comply with the general laws of this State with reference to the secret

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Australian ballot system and the general laws of this State governing elections and the secret Australian ballot system shall be used in the holding of all said elections provided for herein, whether regular or special elections. The managers of said election are required not to count any ballot other than the official ballot herein described and it is hereby made the duty of the Mayor to have said ballots furnished to the various ward polls on the morning of the election just prior to the opening of said polls. Ballots Section 4. Be it further enacted by the authority aforesaid that the Mayor shall provide in each ward a polling booth to fill the following requirements: It shall be so arranged that the managers and the clerks and the ballot boxes shall occupy the same to the exclusion and free from interference or inspection of all outsiders. Provisions shall be made so that a prospective voter may prepare his ballot without being subjected to inspection by the managers or clerks or any outside person. Said booths in said ward shall be made and provided with a separate opening for voters and separate ballot boxes and separate managers and clerks thereat for the number of voters that may be determined by the Mayor, which he shall divide the list of registered voters in each ward approximately equally in sections of names that follow under consecutive letters of the alphabet among the several boxes. The Mayor shall provide all stationery, lights and boxes for the managers and clerks at said election, pencils at each voter's table or desk for the use of said voter in scratching his ballot. The voter shall indicate for whom he is voting by scratching the name of the other candidates for that position. Polling Booths Section 5. Be it further enacted by the authority aforesaid that the Mayor shall provide and name managers and clerks for said election from the lists hereinafter referred to one manager and one clerk for each candidate for mayor for each box in each of said booths. Provided, further, that in years of councilmanic elections the Mayor shall appoint managers and clerks representing each candidate for Council as provided in the case of the election of Mayor. Managers and Clerks

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Section 6. Be it further enacted by the authority aforesaid that each and every manager and clerk for said election is hereby authorized and empowered to administer all necessary oaths permissible under the law to voter or intending voter. All the managers at each booth are empowered and it is hereby made the duty of some of them, unless the mayor, mayor pro tem or acting mayor, whichever it may be, appears at the polls immediately before the opening of said polls to administer the oath hereinafter set out to all managers and clerks at said booth. Should the mayor, mayor pro tem or acting mayor be present, he shall administer said oath, which shall be as follows: You, (manager or clerk) at the election to be held this day in the City of Augusta, do solemnly swear that you will faithfully and carefully observe the rules and regulations governing this election and that you will conform to the spirit and intention thereof; that you will not endeavor to ascertain how a voter votes, and if by chance or mistake or otherwise you do ascertain this, that you will not divulge it to any other manager or clerk, or any other person, either by word, sign, or token, and that you will to the best of your ability prevent any fraud at said election, and frustrate any effort which may be made to purchase or sell any vote or votes, or any effort to enable any person to obtain any information upon which to pay for or to sell any vote. That you will not give any information concerning said election or disclose to any person or persons outside of managers and clerks who has or has not voted and that you will to the best of your ability, keep secret all matters regarding said election, except for the purpose of detection or presecution of fraud, and then only after the closing of the polls. So help you God. Oath Section 7. Be it further enacted by the authority aforesaid that the official ballot hereinbefore provided for shall not be distributed indiscriminately among prospective voters but shall be placed only in the hands of the managers in the election booth in each ward and issued by said managers only to a person about to vote. Any prospective voter mutilating or making an error in the preparation of his

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ballot may by surrendering the mutilated ballot to the manager secure another in lieu thereof. Only one voter shall be admitted into each voter's opening or place at one time and upon such admittance the managers shall satisfy themselves that he is qualified to vote according to the registry list furnished them by the registrars of the City of Augusta and if they so find him they shall issue to him a ballot. After preparing the ballot, he shall fold the same so that neither the manager, clerk or any other person can see for whom he has voted and shall then deposit same in the ballot box. Where for any particular office more names are left on the ballot than are to be voted for said office, said vote shall not be counted as to said office. In the event of a person desiring to vote who is not able by reason of physical infirmity to prepare his ballot, he may then request the manager to prepare same for him and the manager when thus requested, shall prepare the ballot, but no manager or clerk or other person in the booth shall suggest to the voter how he should vote or shall volunteer to prepare a ballot for him. The managers of the election shall not permit any person to enter the election booth during the progress of the election other than clerks and the person about to deposit his ballot and then only one such voter at each voter's place at one and the same time; provided, however, said managers shall have the right to call any police or peace officer at any time for the purpose of preserving order. Disposition of Ballots Admission to Election Booth Section 8. Be it further enacted by the authority aforesaid that the mayor shall arrange for and cause to be furnished all ballot boxes, registration lists, tally sheets and ballots, bagging, needles and twine and make all other necessary arrangements for properly conducting said election. Equipment Furnished Section 9. Be it further enacted by the authority aforesaid that the polls in each ward of the City of Augusta shall open at eight o'clock, a. m., Eastern Standard Time, and shall close at six o'clock, p. m., Eastern Standard Time, and no one shall be allowed to cast a ballot before the

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opening of said polls or after the closing thereof. Immediately upon the closing of said polls the managers and clerks shall proceed to count and consolidate the ballot in each ward booth. After the ballots are counted and tabulated, three copies of the returns shall be made, each being placed in a separate and distinct envelope, one of the returns to be placed in the box with all the ballots,the other two envelopes containing said consolidation to remain on the outside of the ballot boxes and each delivered to Council as hereinafter provided. There shall be a stated meeting of the City Council of Augusta at twelve o'clock, noon, Eastern Standard Time, of the day following any election, whether it be regular or special, for the purpose of receiving the returns and consolidation of the ballot of said election. The boxes and returns from each ward booth shall be delivered to and remain in the charge of a manager representing the candidate for mayor who received the majority or plurality of the votes cast in said ward, or in the case of election for Council, in charge of the manager representing the candidate for Council who received the majority or plurality of the votes in said ward. It shall be the duty of the manager in charge of the box from each ward poll as hereinbefore prescribed to deliver to The City Council of Augusta at its meeting hereinbefore provided for, said ballot box with all ballots threin and the envelopes containing the consolidation of the ballot of each respective ward. One envelope shall be placed inside said ballot box and one envelope shall be addressed to The City Council of Augusta, which shall be opened in open Council and the results read out at such meeting for the purpose of consolidating said ballot. The other envelopes containing said return shall be addressed to the Clerk of the Superior Court of Richmond County and each of these envelopes shall be collected by the Clerk of Council and the envelope addressed to the Clerk of Court and delivered to said Clerk along with the ballot boxes, which shall remain on file with said Court Clerk thirty days before said ballots are destroyed. In case of election for mayor, the returns shall be made by the respective managers from all of the wards of the

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City of Augusta and the returns therefrom consolidated and upon the consolidation thereof, the person receiving the plurality of the consolidated votes shall be declared as having been elected to said office for the term for which he may have been a candidate in said election. In case of election for member ofCouncil, the same procedure shall be used except upon the results from the respective wards being delivered to Council the candidates for Council from each of said wards receiving the plurality of votes shall be declared elected to the office for which he was a candidate. Time of Opening and Closing Polls Meeting of Council Duty of Manager Declaration of Election Section 10. Be it further enacted by the authority aforesaid that in case of a vacancy in the office of mayor of the City of Augusta, upon such vacancy being officially reported to Council, Council may elect from its body, a mayor pro tempore for the balance of the unexpired term, or it may call an election for the office of mayor for said unexpired term, to be held within sixty days but not less than thirty-five days from the date of the call. All persons desiring to become candidates for the office of mayor under said call to fill said vacancy shall file their notice of intention of such candidacy at least fifteen days before said election, same to be filed as hereinbefore provided for regular elections for said office. If Council should call an election to fill said vacancy, it shall at the same time elect from its body a mayor pro tempore to hold said office until said election is held and the person elected has qualified by taking the oath of office required by law. In case of vacancy in the membership of The City Council of Augusta from any ward of said City, Council shall call an election to fill said vacancy, same to be held within sixty days but not less than thirty-five days from the date of said call, and persons desiring to become candidates for said office shall qualify in the same manner as hereinbefore provided for the filling of a vacancy in the office of mayor. In all such special elections for mayor or member of Council, all other provisions of this Act as to method, manner and procedure shall apply. Vacancy in Mayor's Office Section 11. 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. Invalidity of Part Section 12. All laws and parts of laws, Acts and Ordinances in conflict with this Act are hereby repealed. Approved January 31, 1946. AUGUSTA CITY CHARTER AMENDMENT No. 540 An Act To amend the Charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31st, 1798 (Georgia Laws, 1798), so as to repeal the Act entitled: An Act to amend the Charter of the City of Augusta, so to require all persons intending to become candidates, at any regular election, for the Mayoralty, or membership in the Council, of said city, to file notice of such intention: to provide that in case not more than one such notice is filed in respect to any such position that the person filing such notice shall be, without an election, declared the incumbent of such position for the next ensuing term, and for other purposes, approved August 7th, 1907 (Georgia Laws, 1907, pages 413-414), and to repeal the Act entitled: An Act to provide that whenever the regular municipal election of the City of Augusta, now fixed by law to be held on the first Wednesday in December, for the election of Mayor and members of Council, either or both, or any special election therefor, is held that the balloting thereat shall be by secret ballot; to provide for the regulation of such elections, the mode, method and requirements for holding same, and other,purposes, approved August 15, 1913 (Georgia Laws, 1913, pages 604-611); 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: Section 1. That the Act entitled An Act to amend the Charter of the City of Augusta, so as to require all persons intending to become candidates, at any regular election, for the mayoralty, or membership in the Council of said City, to file notice of such intention; to provide that in case not more than one such notice is filed in respect to any such position that the person filing such notice shall be, without an election, declared the incumbent of such position for the next ensuing term, and for other purposes, approved August 7th, 1907 (Georgia Laws, 1907, pages 413-414), and the Act amending said Charter entitled An Act to provide that whenever the regular Municipal election o fthe City of Augusta, now fixed by law to be held on the first Wednesday in December, for the election of Mayor and Members of Council, either or both, or any special election therefor, is held that the balloting thereat shall be by secret ballot; to provide for the regulation of such elections, the mode, method and requirements for holding same, and other purposes, approved August 15, 1913 (Georgia Laws, 1913, pages 604-611), be and the same are hereby repealed. Provisions of Ga. L. 1907, PP. 413-414; G. L. 1913 PP. 604-611 Repealed Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 31, 1946. AUGUSTA CITY CHARTER AMENDMENT No. 542 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 1239-59), and entitled 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

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the various amendatory acts thereof, so as to create a board of Civil Service Commission for the City Council of Augusta, a Commissioner of Public Safety of the City of Augusta; and to prescribe the qualifications, powers, duties and authority of said board and its members; to prescribe the qualifications, powers, duties and authority of said Commissioner of Public Safety; to fix the compensation of the members of said board and the Commissioner of Public Safety; to fix the method of appointment and/or election of the members; to prescribe the method of procedure or removal of said Civil Service Commissioners from office;to prescribe the rules and regulations governing said board; to fix the age limit of all firemen and policemen, including the chiefs and other officers of the police and fire departments and provisions in reference to their retirement; to provide for the election of said commissioner of Public Safety; also all other officers and employees of the police and fire departments of the City of Augusta; and for other purposes, by adding and inserting in line three of Section 23 of the amendment whose caption is immediately hereinbefore set out between the words Be and Five the following words, to-wit: Not less than, so as to authorize the City Council of Augusta to prescribe the salary of the Commissioner of Public Safety in accordance with said section as amended; 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 the Act approved March 3, 1943 (Georgia Laws 1943, pages 1239-59), is hereby amended by adding and inserting in line three in Section 23 of the Act approved March 3, 1943 (Georgia Laws 1943, pages 1239-59), between the words be and five, the following: Not less than, so that said Section of said Act as amended shall read as follows: Ga. L. 1943, PP. 1239-59 Amended

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Section 23. Be it further enacted by the authority aforesaid, that the salary of the Commissioner of Public Safety of the City of Augusta shall be not less than Five Thousand Dollars ($5,000.00) per annum, payable monthly by the City Council of Augusta, and the said City Council of Augusta shall from time to time in its discretion determine the number of the various officers, privates and employees of both the Police and Fire Departments, as well as the salaries for same, and may abolish any of same, beginning with the office of chief and to include all officers, privates, substitutes, employees, temporary and permanent, in either of said departments below the rank of chief. Provided, however, the appropriations already made by the City Council of Augusta for the year 1943 shall be the amount already appropriated by said City Council for each of said departments. Salary of Commissioner of Public Safety Section 2. Be it further enacted by the authority aforesaid that from and after the approval of this Act The City Council of Augusta shall be and is hereby authorized to prescribe the salary of the Commissioner of Public Safety of the City of Augusta in accordance with Section 23 of the Act of the General Assembly approved March 3, 1943 (Georgia Laws 1943, pages 1239-59), as herein amended. Power of City Council Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Approved January 31, 1946. BARNESVILLE CITY CHARTER AMENDMENT No. 521 An Act To alter and amend the several Acts incorporating the Town or City of Barnesville, in Lamar County, Georgia, by increasing the powers of the Mayor and Council of said City with reference to the pavement of streets and requiring the abutting property owners on said streets to pay the actual cost of such paving and

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necessary grading, and to provide for the collection of the same by levy and assessment against said property as for City taxes, 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 Acts of the General Assembly of Georgia approved by the Governor on August 28th, 1883, Acts of 1882 and 1883 be and the same is hereby amended by adding to the same at the last of said section the following: And the said Mayor and council of said City shall have the power and authority to regrade and pave any of the streets of said City, which in their judgment may seem needful and necessary for the public welfare and citizens of said City, and to pave any part or all of any of said streets, and collect the amount actually expended by said City in so doing from the abutting property owners on said part so paved, in proportion to their frontage on said street so paved, and to enforce the payment thereof by the issuance of executions by the Clerk and levy and sale of said abutting property, as in case of taxes or other demands of said City, and the execution issued by the Clerk, shall be a lien on said property until the same is paid. Power to Grade and Pave Streets Section 2. That said execution shall not be issued or levied until 30 days after the completion of the work, and a demand is made on the property owner to pay the same, and his failure to comply therewith in said 30 days. Levy of Execution Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 30, 1946. BLAIRSVILLE CITY CHARTER No. 525 An Act To amend, consolidate and supersede the several acts incorporating the City of Blairsville, in the County of Union, State of Georgia, and all amendments in respect

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thereto; to create a new charter of said corporation; to provide a municipal government therefor; to define the territorial limits of said town; to provide for the powers thereof; to provide for a Mayor and Council and to define their powers and duties; to provide the punishment of violators of the ordinances of said town; to define the special powers and duties of the Mayor; to provide for the election of a Mayor and Council. their oaths and terms of office, for their meetings and methods of filling vacancies therein; to provide for the appointments of election managers; their oaths and duties, and for their compensation; to define the method of holding all town elections, for the declaration of the results of such elections; to provide for the selection of a Mayor Pro-Tem; to provide for the qualifications of the voters and electors in said town, and for the qualifications of the Mayor and Council; to provide for a permanent system of registration of voters; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decision of town clerk refusing to allow person to register; to provide for a notice to person whose name is stricken from voters list and for a hearing on same; to provide for a Town Clerk and Treasurer, a Town Marshal, Attorney and other officers, their oaths, bond, and for their compensation and their removal from office; to provide for a Police Court and its powers and for the trial and punishment of violators of town ordinances therein; to provide for the arrest of violators of town ordinances, with or without warrant; to provide for the taking of appearances bonds, and for the forfeiture of the same; to provide for appeals and certiorari; from the Police Court and from the decision of the Mayor and Council in criminal cases; to require tax returns to be made by the citizens of said town; to provide for a board of tax assessors, their oaths, duties and compensation; to provide for double taxation where tax returns are not made; to provide for appeals from decision of board of tax assessors and hearing on a same; to provide for the collection of taxes by execution;

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to provide for an advalorem tax on property in the town, and to define its limits; to empower said town to widen its streets; to provide for the removal of obstructions from streets; to empower said town to require railroad companies to make and repair crossing in said town; to provide for the regulation of explosives and fireworks; to provide for the regulation of all trades and businesses, callings, and professions; to provide for the registration of trades and businesses, and to authorize said town to require any person engaging in any trade, profession or business to purchase a license to do so; to provide for the revocation of such licensees; to provide for the licensing of pool tables and games, for the licensing of brokers and other trades and businesses; to provide for license ordinances and for the punishment of persons engaging in business who fail to obtain licenses; to provide for the regulation of animals and for the power to empound the same; to provide for the opening of new streets, and the right to condemn property for such purposes, to provide for the improvements of streets in said town; to provide for the cost of such improvements and for the assessments against abutting property therefor; to provide for the cost of curbing, drains and manholes; to compel the connection of water and gas lines with town lines; to provide for the pro-rating of assessments; to provide for the improvement of sidewalks and the cost thereof; to provide for the procedure of improvement of streets and sidewalks; to provide for contracts for street improvements and for the bonds of contractors; to provide for the appraisal of cost of street improvements and provide for objections to appraisal of cost of street improvements and provide for a lien for street and sidewalk improvements; to provide for the issuing of executions of street and sidewalk improvements and the levy and sale of abutting property thereunder; and for the transferring of such executions; to provide for affidavits of illegality to street improvement executions and the trial of such; to provide for street improvements abutting State

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Property and political subdivisions thereof; to provide for bond elections for Street improvements and for a tax to pay such bonds; to provide that assessments for street improvements to be paid in installaments and for the lien of installment assessments; to provide for street improvement bonds which will not be an obligation of the town and for the payment of the same; to provide for the rank of liens of assessments for street improvements;to provide for a sewerage system for said town and for sewage and drainage assessments, for the taking of property for sewage system, for the extension of such system, and for the making of such sanitary lots; to authorize the town to maintain and operate a system of waterworks; and any other public utility;to provide for connection of all sanitary units and sewers and to provide penalties; to provide for a general policing and all police law; to provide for all matters and things necessary or proper or incident to a municipal corporation and inhabitants and well-being thereof; to provide for the passage of all necessary, proper or incidental ordinances resolutions, regulations and orders; to provide for the extension of jurisdiction and territorial limits; to provide for condemnation of water rights; to provide for control of sewers and pipes in said town; to provide for the collections of sanitary taxes; to provide for a board of health and to define the powers and duties of such board; to provide for the removal and abatement of nuisances; to provide for the regulation and prevention of sale of intoxicating liquors; to provide for fire districts in said town and for fire regulations therein; to provide for vaccination, for a pest house and for the prevention of diseases; to provide for a town cemetery and its regulations, to provide for the power of the town to grant encroachments on public streets; to provide for a town prison; to provide for the suppression of vice and houses of ill fame; to provide for executions in favor of said town, and for the advertisement and sales of property thereunder; to provide for tax sales, deeds and executions; to provide for the form of accusations

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and affidavits; to provide for town parks, and for the regulations of trees in said town; to empower said town to require all male citizens between the ages of 18 to 50 to work on streets of the town, or to pay a commutation street tax in lieu thereof, and to provide for exemptions therefrom and for punishment for those failing to work streets or pay commutation tax; to provide for the regulation of vehicles and their speed in said town; to provide for prevention of idleness and loitering; to provide for a town fire department; to provide for the collection of a tax on dogs; to provide for a code of Ordinances for said town; to require building permits before any building or structure can be erected in said town; to provide for the condemnation of private property, within and without the town, for public purposes; to provide for the issuance of bonds, for bonds election and for the levy and collection of a tax to pay said bonds to provide for the sales of town properly by the Mayor and Town Council; to provide for the repeal of all prior Acts incorporating the City of Blairsville, and all Acts amendatory thereof; to provide that if any portion of this Act be declared invalid by a court of competent jurisdiction, the same will not affect the remaining portions; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act the inhabitants of the territory now embraced in the corporte limits of the Cit or Town of Blairsville located in the Cont of Union, State of Georgia, be and are hereby incorporated under the name and style of City of Blairsville. Corporate Name Section 2. Corporate Limits. Be it further enacted, that the corporate limits of the `City of Blairsville shall extend one-half mile from the center of the present court house of said city, said distance to be in a radius from the center of the said court house; Provided, that the Mayor and Council shall be empowered to extend the limits to three-fourths miles, by ordinances provided,

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further, that this shall not be done unless two-thirds of the legally qualified voters of said town shall vote to extend the limits to three-fourths miles in a special election called by said Mayor and Council for that purpose and in the event of such election all persons who are entitled to vote for members of the General Assembly of Georgia, who will be included in the new territory shall be allowed the privilege of voting and participating in said election as other qualified voters of said city. Corporate Limits Right to Vote Section 3. Be it further enacted, that from and after the passage of this Act the inhabitants of the territory described in Section 2 of this Act, located in the county of Union, State of Georgia, be and are hereby incorporated under the name and style of City of Blairsville, and said City of Blairsville is hereby chartered and made a city under the corporate name of City of Blairsville, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments within or without its corporate limits now belonging to said City of Blairsville shall be and are hereby vested in said City of Blairsville, as created by this Act; and the City of Blairsville as created by this Act may by its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its Mayor and Councilmen, such ordinances, by laws, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said City, as to said Mayor and Councilmen may seem best, and which shall be consistent with the laws of the State of Georgia and the United States. And the said City of Blairsville shall have the right and power to purchase, held, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands and tenements hereditaments, and of whatever kinds, and within or without the limits of said city and for corporate purposes said City of Blairsville, created by this Act shall

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succeed to all rights of and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of said City of Blairsville and its Mayor and Councilmen as a body corporate as heretofore incorporated. City of Blairsville Chartered Section 4. Be it further enacted, that the municipal government of the City of Blairsville shall consist of and be vested in a Mayor and five Councilmen; that said Mayor and Councilmen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, automobiles, bicycles carriages, drays, hacks, wagons, airships, livery-stables, sales-stables, warehouses, sleeping apartments, restaurants, cafes, opera-houses, theatres, picture shows and all kinds of shows and circuses, dancehalls, skating-rinks, bowling alleys, pool and billiard-rooms, and all other places of amusements; storehouses, hitching places, markets, slaughter houses; garages, shops, mills, ginneries, factories, barber-shops, soda-founts, beer-saloons, telegraph and telephone companies, gas, water, lights, and electrical companies, booths, stands, tents, stores, business establishments, filling stations, common carriers, all sales and displays in said town and all other matters and things whatsoever that may be by them considered necessary or proper or incident to the good government of said city, and the peace security, health, happiness, welfare, protection or convenience of the inhabitants of said town, and the preserving of peace, good order and dignity of said government; and said Mayor and Councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary and proper to preserve order, suppress crime and immorality in said city, not in conflict with the Constitution and Laws of this State, and to prescribe punishment for the commission of different acts of crime and violations of any ordinances of said Mayor and Councilmen, said punishment to be in accordance with that allowed by this charter to be inflicted on viiolators of said ordinances. This enumeration of powers shall not be

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construed as restricted to said powers alone but shall include all and every other thing and acts necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers. Municipal Government Power of Mayor and [Illegible Text] Section 5. Be it further enacted, that the Mayor shall be the chief executive officer of said City and it shall be his duty to preside at all meetings of the City council; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said council as may be authorized by municipal ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the Mayor and Council of said city are faithfully executed and enforced; to appoint and be an ex-officio member of all committees; to see that all funds are properly accounted for and that all revenues are properly and promptly collected; to inform the Council from time to time of the general condition of said city and its affairs and recommend such measures as he may deem necessary or expedient for the welfare of said city; to inspect or cause to be inspected by one or more of the Councilmen of said city the records and books of account of the officers of said city and see that they are properly and correctly kept to require such reports to be made by such officers, to the Council as he may deem proper; to see that order is maintained in said city and that its property and effects are preserved. The said Mayor shall exercise general supervision and jurisdiction over the affairs of the said city; shall have authority to convene the Council in extra session as frequently as he may deem proper to preside in the Police Court of the City of Blairsville, and is hereby given full authority to sit as a committing magistrate; to try all persons charged with violation of any ordinance of said city; and to impose sentences of punishment for such violations within the limits hereinafter provided; to punish for contempt of court before such Police Court or contempt of the Council by imposing such sentence or

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penalty as may be authorized by the ordinances of said city; to bind said city by signing any contract, obligation or other matter entered into and authorized by ordinance or resolution of the Council of said city, properly passed in accordance with the provisions of this Act; and to do acts and things as may be proper and necessary in the proper conduct of the affairs of said city and as may be hereinafter authorized. Mayor as Chief Executive; Duties Section 6. Be it further enacted, that the present Mayor and Councilmen of said City of Blairsville shall continue in office until the third Monday in May, 1946, and said Mayor and Councilman shall exercise all of the powers and authorities conferred upon the Mayor and Councilmen of the said City of Blairsville, created by this charter, and on the second Saturday in May, 1946 a Mayor and five councilmen shall be elected, as provided in the next section of this Act. Present Mayor and Councilmen to Continue in Office Section 7. Be it further enacted, that on the second Saturday in May, 1946, there shall be elected for said city, by the qualified voters therein, a Mayor and five Councilmen, and the Mayor and the two of the said Councilmen shall be elected to serve for a term of one year, and three of the said Councilmen so elected shall be elected to serve for a term of two years. Then, on the 2nd Saturday in May, 1947, and biennially thereafter, a Mayor and two Councilmen shall be so elected for said City. Biennially, after said election on said Second Saturday in May, 1946, three Councilmen shall be elected for said city, it being the purpose of this section to provide a rotation system for the terms of office of Mayor and Councilmen, in order that at no time shall there be elected for office at the same time a new Mayor and Councilmen throughout, but that after every election there shall remain in said body either a Mayor and two Councilmen, or three Councilmen who have served in said capacities for the one year preceding, thereby retaining in said body three officials who have had at least one year of experience in said capacities either as Mayor or as Councilman. With the exception of the Mayor and the two Councilmen

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who will be elected on the Second Saturday in May, 1946, to serve for a term of one year, all elections for Mayor and Councilmen elected under the provisions of this Charter shall be for two years, commencing on the third Monday in May next after their election. On the third Monday in May, after their election, the newly elected Mayor and/or Councilmen-elect shall meet in the City Hall or other designated place in said city and then and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as Mayor (or Councilman, as the case may be) of the City of Blairsville for the ensuring term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God. Should the Mayor or any Councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said Mayor and Councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special called meetings as the business of the city may require, which special or called meetings, shall be called by the Mayor in his discretion, to be convened as provided by the city ordinances. In the event that the office of Mayor, or any one or more of the Councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by the Mayor and Councilmen, in the case of vacancies in the Council, and by the Councilmen in the case of a vacancy in the office of Mayor, and persons so selected shall be duly qualified to fill such vacancies for the unexpired terms provided it does not exceed (12) months. Election of Mayor and Council Oath Be it further enacted that should the Mayor or any member of the Council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the Council, declared vacant and the vacancy filled as above provided. Failure to Perform Duty

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Section 9, Be it further enacted, that elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of Blairsville shall be managed by a Juctice of the Peace, or some other judicial officer, and two freeholders, who are citizens of said city and own real estate therein; and said managers, before entering on their duties, shall take and subscribe before a Justice of the Peace, or some other Officer qualified to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power, so help me God. Said managers shall keep, or cause to be kept, copies of two list of voters and two tally sheets. All voting in any election held in said city shall be by secret ballot and all electors shall be secure in their right to cast their ballot without annoyance from or by any person in or near any voting place, and to this end the Mayor and Council shall provide as many voting booths as may be necessary at said Town Hall or other designated place for the holding of any election. The polls shall be opened at 8 o'clock A. M., and close at 3.30 P. M. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under th provisions of this charter shall be appointed by the Mayor and Councilmen. The Mayor and Councilmen shall determine and provide for the payment of managers of any elections and of any clerks that may be necessary in holding any election for their services in holding such elections, but such pay or compensation shall not exceed the sum of $3.00 per day for each such manager or clerk. Management of Elections Voting Section 10. Be it further enacted, that the said managers shall certify two lists of voters and two tally-sheets and shall place one list of voters and one tally-sheet in the ballot box with the ballots and seal the same, and shall forthwith deliver the same to the Ordinary of Union County or his clerk. The other shall be placed in a package and sealed and forthwith delivered to the Clerk of

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said City, who shall safely keep the same and it shall be the duty of the Mayor to call a special meeting of the Mayor and Councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said Clerk to deliver said package to the Mayor and Councilmen, who shall open the same and declare the results. The person receiving the highest number of votes for the respective offices shall be elected. In case of a tie between two or more candidates in any elction for Mayor and Councilmen or either of them, or other elective officers, a new election as between candidates thus tied shall be ordered by the Mayor and Councilmen within ten days after the result has been declared, under the same regulation list, and the person receiving the highest number of votes cast in said election shall be declared duly elected. Voters List and Tally-Sheets Special Meeting Section 11. Be it further enacted, that if the result of any election held in said city is contested, notice of said contest shall be filed with the Ordinary of Union County within three days after said election, and upon the payment in advance by the contestant, or contestants, to said Ordinary of ten dollars ($10.00), the said Ordinary shall within two days after he received the same cause a copy of said notice to be served by the Sheriff or his Deputy, on the Contestee, if such contest is for an office; and if the result of any election in which any question is submitted is contested then said Ordinary shall cause notice to be served on the Mayor of the city; said Ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before hearing. The contester shall pay to the Sheriff, or his Deputy two dollars ($2.00) in advance for service of notice of contest. Said notice of contest shall be set out therein plainly and distinctly the grounds upon which said results of elections is contested; contestee may set up any cross grounds of contest. The contest may be heard at the Union County Court House. Said Ordinary is authorized to hear and determine any contest, and the losing party shall pay all costs, for which said Ordinary is authorized

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to issue the usual execution. Contest Section 12. Be it further enacted, that the Mayor and Councilmen at their first regular meeting in May, 1946 and annually thereafter, shall elect one of the Councilmen Mayor Pro-tem, who shall, in the case of absence or disqualification of the Mayor, or for vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of Mayor upon taking the usual oath. Mayor Pro-tem Section 13. Be it further enacted, that all persons qualified to vote for members of the General Assembly of this State and shall have resided in the City of Blairsville thirty days prior to the election at which they offer to vote, and shall have registered as shall be required by the registration laws of said city, shall be qualified to vote at any election provided by this charter. Qualification of Voter Section 14. Be it further enacted, that no person shall be eligible for the office of Mayor or Councilman of said City unless he shall be a free holder owning real estate in said city and have resided in said city one year immediately preceding his election and shall be qualified voter in municipal elections for officers of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said city. The name of no candidate for either Mayor or Councilman shall be placed on the ballot in elections for Mayor and Councilmen, unless such candidate shall file with the Clerk of said City, fifteen days prior to the election in which he desires to be candidate (legal holidays and Sunday excluded) his written notice that he desires that his name be placed in said ballot as a candidate either for Mayor or Councilman. Such written notice shall bein such form and contain such information as the Mayor and Council may provide by ordinance. No person shall be eligible for the office of Mayor or Councilmen of said city unless such person shall file said above notice within the time above provided. Qualifications of Mayor and Council Notice of Candidacy

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Section 15. Be it further enacted, that it shall be the duty of the Clerk, upon the first Monday immediately following any election in said city, either regular or special, to open a registration book for the registration of qualified voters of said city. Said book shall be kept open each and every day between the hours of 8 o'clock A. M. and 6 o'clock P. M. (Sundays and legal holidays excepted) until twenty days prior to any regular or special election of said city, when said registration book shall be closed, and after which no person shall be allowed to register his name on said book until said book be again opened following such election. It shall be the duty of the Clerk, upon application in person and not by proxy, of any citizen who is qualified to vote for members of the General Assembly, who have paid all taxes of every character legally imposed and demanded by the authority of the town, and who upon the day of the election, if then a resident, will have resided in said town for thirty days prior thereto, to allow such person toregister his name and color recording on said book besides the applicant's name, his age, occupation or business. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant, administer the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in this county six months, and in the City of Blairsville thirty days next preceding his registration, or that by the date of the next city election, if you are still a resident of the town, you will have fulfilled these conditions; that it is your intention to remain a resident of this town until the date of the next town election; that you are 18 years old; and that you have made all returns required of you by the ordinances of this city; so help you God. It shall be the duty of the Clerk to have written or printed the above oath on the front page of said registration book and to require the applicant for registration to swear to said oath and sign his name thereto or by someone authorized to do so for him. However, no person registering in said book shall be required to again

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register as a qualified voter of said town so long as he remains a resident of said town, and does not disqualify himself, it being the purpose of this Act to provide a permanent system of registration for said town. Registration Book Oath Permanent Registration Section 16. Be it further enacted, that at the first regular meeting of the Mayor and Councilmen in May of each year, said Mayor and Councilmen shall select and appoint three registrars, who shall be registered and qualified voters in said city. It shall be the duty of the said registrars to make and prepare a list of the registered and qualified voters of said city and furnish same properly certified to the Clerk of said city, as hereinafter provided. Such registrars shall take and subscribe an oath to faithfully annd impartially perform the duties devolving upon them as registrars; said oath shall be in the form prescribed by the Mayor and Council. The compensation of such registrars shall be fixed by the Mayor and Council, at the time of the selection and appointment of such registrars, but such compensation shall not exceed the sum of three dollars ($3(00) per day for each registrar, for the time actually spent in the performance of their duties as registrars. The term of office of such registrars shall be for one year. Registrars Section 17. Be it further enacted, that the clerk of the City of Blairsville shall close the registration book twenty days before any regular or special election, to be held in said city at five o'clock P. M. on such closing day and shall not permit any person to register after such time and until after such election shall have been held; and shall thereupon turn over said registration book to the registrars, who shall meet and make up, from said book a list of the qualified voters of said city who are qualified to vote in such election; in making said list, the registrars shall exclude the names of all persons found to be not eligible to vote in such election or who have, in any way, disqualified themselves as legal voters. The said registrars shall complete their work on such voters list, not later than five days prior to such election and certify said list to be true and correct and to deliver same to the

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Clerk of the City of Blairsville, and the said clerk shall certify that same has not beenaltered nor changed since being delivered to him and on the morning of the election to be held in said city deliver said list to the election managers, selected to hold such election; and no person whose name does not appear upon said list shall be allowed or permitted to vote in said election unless such voter shall produce a certificate signed by the registrars that his name was omitted from said voters list by accident or mistake. Closing of Registration Book Certificate of Clerk Section 18. Be it further enacted, that all persons shall have the right to appeal from the decision of the Clerk, refusing any person the right to register; such appeal shall be made to the Board of Registrars within five days after theregistration book shall have been closed prior to any election and said book delivered to said registrars and said board shall determine the eligibility of such person, persons, to vote in such election and the decision of said board shall be final. Appeal Section 19. Be it further enacted, that the Board of Registrars shall have full authority to purge all registration lists in said town of all illegal voters when said board makes up its list of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matters, and the name of no registered voter shall be stricken from the voter's list by said board unless such notice is given to such person whose name appears on the registration books, and upon such person, so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determined the eligibility of such voter or voters, and the decision of the Board of Registrars on such question shall be final. Service of said notice by leaving the same at the most notorious place of abode of such person or persons whose name or names appear

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on said registration book shall be sufficient service. If any such person or persons, so notified, as above provided, fails to appear and offer any evidence as to why his name should not be excluded from said voters list, the said Board of Registrars shall proceed to purge said voters list of the name or names of such persons if they find such person or persons are disqualified to vote in said election for any cause. Purging of Registration Lists Service Section 20. Be it further enacted, that at the first regular meeting of the Mayor and Councilmen in May, 1946, and annually thereafter, the Mayor and Councilmen shall elect a Town Clerk and Treasurer; said treasurer to give bond with security in the sum of $1,000.00 for the faithful performance of his duties; a Marshal, who may be Chief of Police, and as many policemen as in the judgment of the Mayor and Council shall be necessary; a City Attorney and such other officers as the Mayor and Councilmen shall deem necessary in the good government of the City. Each of said officers shall take oaths; perform such duties and give such bonds as the Mayor and Councilmen may be ordinances prescribe; provided, that all bonds of officers shall be made payable to the City of Blairsville. Said Mayor and Councilmen shall have the power and authority to suspend and remove said officers, in their discretion; and it shall be the duty of the Mayor and Councilmen to fix the salaries, or compensation, of said Mayor and Councilmen, and all other officers, agents and employees of said town, which, when once fixed, shall not be increased during the term of office of the said Mayor, Councilmen or officers. However, the salary of the Mayor of said town shall not exceed the sum of $100.00 per year; the salary or compensation of the Councilmen of said town shall not exceed the sum of $50.00 each per year; the salary or compensation of the Clerk and Treasurer of said city shall not exceed the sum of $300.00 per year; the salary of the Marshal or Chief of Police of said town shall not exceed the sum of $100.00 per month; the salary of all other policemen of said city shall not exceed the sum of $60.00 per month each. All expenditures

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of the Mayor and Councilmen for town purposes shall be paid out of the city funds by an order drawn by the City Clerk, after the Mayor and Councilmen have allowed same. The Mayor and Councilmen may, a any time, employ as many policemen for said city fo such length of time as said Mayor and Councilmen may deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen to be fixed by the Mayor and Councilmen, as above provided, in accordance with the limitations thereon as fixed by this charter. Town Clerk; Treasurer Salaries Section 21. Be it further enacted, that the Mayor and three Councilmen shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine question before them; provided, that every question so determined or ordinance passed shall receive no less than three votes. On all questiois before the said Council the Mayor or the Mayor Protem if he be presiding, shall be entitled to vote only in the case of a tie. The Mayor shall have the veto power, and may veto any ordinance or resolution of the Councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four Councilmen or an aye and nay vote, duly recorded on the minutes of the City Clerk; but unless he shall file in writing with the Clerk of said city his veto of any measure passed by that body, with the reasons for withholding his assent within three days from its passage, thesame shall become a law just as if signed and approved by said Mayor, but he may approve same and the measure go into affect immediately. Quorum Section 22. Be it further enacted, that the Mayor or in his absence or disqualification the Mayor Pro-Tem., or in the case of the absence of both the Mayor and Mayor Pro-Tem., any Councilman of the City of Blairsville may hold and preside over a court in said city, to be called the Police Court, for trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve order, compel the

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attendance of witnesses, compel the production of books and papers to be used as evidence and punish for contempt. Said Mayor, Mayor Pro-Tem., or other person acting as such shall not have power to try any alleged offender without first having written charges preferred against him or her. Said court shall have the power to punish all violations of the charter or ordinances of the city by a fine not to exceed one hundred dollars, imprisonment in the Town Prison or the county jail, having previously arranged with the county officers, not to exceed thirty days, or to work the streets in the city chain gang, or such other public places as the Mayor or Acting Mayor may direct, not to exceed thirty days; however the punishment of confinement in the city or county jail and that of a sentence to work on the streets in the city chain gang shall not both be inflicted in any one case, and neither the punishment of confinement in the city or county jail, or that of a sentence to work in the city chain gang on the streets of said city shall be inflicted except as alternative upon failure or refusal to pay such fine as may be fixed by the Mayor or Acting Mayor in addition to said above punishment such fines imposed by the Mayor or Acting Mayor may be collected by execution. Police Court Section 23. Be it further enacted, that the Mayor or Mayor Pro-Tem., in case he shall be presiding, shall have the power in said police court, if the offense charged against the prisoner be beyond his jurisdiction to examine into the facts of the case, and commit the offender or offenders to jail or bail them if the offense is bailable, by a Justice of the Peace under the laws of this State, to appear before the Superior Court of Union County. Binding Over Section 24. Be it further enacted, that the Mayor and Councilmen of said town shall have the power to authorize by ordinance the Marshal or Policemen of said town to summons any or all by standers to aid in the arrest of any person or persons violating any ordinance of said city, or any laws of this State,and to provide a punishment for any person or persons failing or refusing to obey such summons. Summons of [Illegible Text]

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Section 25. Be it further enacted, that it shall be lawful for the Marshal or any Policemen of said city to arrest without warrant any person or persons within the corporate limits of said town who at the time of said arrest or before that time have been suspicioned of violating any ordinance of said City, and is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them inthe city prison or in the jail of Union County, for a reasonable length of time. It shall be lawful for the Marshal or the Policeman of said city to arrest without warrant any person or persons who shall be guilty of a violation of any of thelaws and ordinances of the City of Blairsville, which violations take place in the presence of the said Marshal or Policeman. The Marshal and Policeman of said city are authorized to the same extent as Sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating any of the criminal laws of this state. The Marshal and Policeman of this City are also authorized to arrest anywhere within the limits of this State any person or persons charged with violating any of the ordinances of the City of Blairsville; provided, when the arrest is not made within twenty-four hours after the offense is committed, said Marshal and Policeman are not authorized to arrest the offender outside the corporate limits of said town, except in obedience to warrant signed by the Mayor, Mayor Pro-Tem, or Acting Mayor. The City Marshal or any Policeman may take bonds for the appearance of any persons arrested by them, for appearance before the Police Court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the Mayor or Mayor Pro-tem. Arrest Appearance Bond Section 26. Be it further enacted, that the Mayor and Councilmen of the said City of Blairsville shall have power to organize one or more chain gangs or work gangs, and confine therein persons who have been sentenced by

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the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs, and to enforce same through its proper officers. Chain Gangs Section 27. Be it further enacted, that the Mayor or the Mayor Pro-Tem, when any person or persons are arraigned before the Mayor's or Police Court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said town, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, the bond may be forfeited by the Mayor or Mayor Pro-Tem., and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi, at least two days before the hearing of the said rule nisi. The Mayor, Mayor Pro-Tem., or acting Mayor shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding declared forfeited to the City of Blairsville. Continuances Section 28. Be it further enacted, that any person convicted before the Mayor, or other presiding officer of the Police Court, may enter an appeal from the judgment of said court to the Board of Councilmen; provided, the appeal be entered within two days after the judgment complained of is pronounced; and provided further, defendant gives bond to abide the final judgment of the case, which bond must be approved by the Clerk or Marshal. The said Councilmen shall as early as practicable therefter, hear and determine said case so appealed and shall investigate the case as fully as if the same had never been tried; that is de novo. They shall have the power, if they find the defendant guilty to decrease the fine imposed by the Mayor and may increase it in their discretion.

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Any person convicted by the Councilmen on the appeal shall have right to certiorari to the Superior Court of Union County, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case; and provided, further, nothing in this section shall prevent the defendant who desires to appeal his case, as above provided, or to certiorari the same to the Superior Court, and provided further, the applicant failing to give bond and security may, in the discretion of the Mayor, be placed in the city prison or county jail to await the final judgment of the appeal above mentioned. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said city before the Mayor's or Police Court, from certioraring the proceedings directly to the Superior Court. Appeal Certiorari Section 29. Be it further enacted, that all persons owning property in the City of Blairsville shall be required to make a return under oath, annually, to the Board of Tax Assessors of said City, of all their property, real and personal, subject to taxation by said City, as of April first of each year; and the books for recording same shall be open on April 1st and close on June first of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Tax Returns Section 30. Be it further enacted, that the Mayor and Councilmen of said City, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting in March, shall elect three upright freeholders residing in said city, who shall be citizens and qualified voters of said city, said free holders owning real estate in said city, as a Board of Tax Assessors of said city. The Mayor and Councilmen shall fix the per diem compensation of said Tax Assessors, which shall not exceed the sum of three dollars per day for each tax assessor for each day actually spent in the performance of the duty of such assessor. Vacancies on said board may be filled by the Mayor and Councilmen

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as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessors to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment thevalue placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her or its real estate or personal property, as hereinafter required by the first day of June in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. Said Board of Tax Assessors shall make a return of their work within 30 days after the close of the books for receiving returns, unless additional time in granted by the Mayor and Councilmen; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or doubled taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five days before said hearing to a non-resident tax payer, with postage prepaid to his last known address shall constitute legal notice to him. Board of Tax Assessors Return of Assessors Section 31. Be it further enacted, that any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right to appeal from the same to the Mayor and Councilmen of said city. Provided, said appeal be filed in writing with the Clerk of said city within five days after the hearing before said assessors, setting forth distinctly the items of

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property whose valuation has been raised, the amount of which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said Mayor and Councilmen at their next regular meeting, unless continued for cause, and their decision shall be final. The Mayor and Councilmen of said city shall have the power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Appeal from Assessment Section 32. Be it further enacted, that the Mayor and Councilmen shall have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Property not Returned Section 33. Be it further enacted, that the Mayor and Councilmen of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the Clerk and bear test in the name of the Mayor of said City; and the Marshal or other police officer of said city, the Sheriff, Deputy Sheriffs, and Constables of said State shall have authority to execute same by levy and sale as hereinafter provided in this charter. Taxes, When Due Executions Section 34. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the government of said City of Blairsville and for the ordinary current expenses thereof, the Mayor and Council shall have full power and authority for the assessment, levy and collection of and ad valorem tax on all real and personal property, including money, notes and, bonds and other evidence of debt, money used in banking and every other species of property in said city owned or held

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therein, of not exceeding One Dollar on the hundred worth of taxable property, exclusive of the taxes for public schools as now authorized by law; annd for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may issue hereafter, by said town authorities and to provide a fund for the payment of the annual interest on said bonds a greater ad valorem tax may be levied and collected. Said Mayor and Councilmen shall have power and authority to provide by ordinance for the returns of all taxaable property in said city, in accordance with the provision of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that the said Mayor and Councilmen may provide for the retirement and liquidation of any bonded indebtedness of said city, both principal and interest, annually by the assessment, levy and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund, if said Mayor and Council so desire. Ad Valorum Tax Retirement of Bonded Indebtedness Section 35. Be it further enacted, that the Mayor and Council of the City of Blairsville shall have full control over the streets, sidewalks, alleys and lanes of said city, and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the streets, sidewalks, lanes, alleys, squares and lands of the City of Blairsville, and the grading of the same; to open up any streets and alleys and to have full power and authority to condemn property for such purposes; provided, however, that no private property shall be taken by the City of Blairsville without the compensation being made, the method of procedure for the condemnation of property being the same as provided for in the laws of Georgia in condemnation proceedings. Said Mayor and Council of the City of Blairsville shall have full power and authority to remove or cause to be removed any buildings, posts, steps, fences, or any other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or

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public squares of said city. Upon failure of the person or persons placing walks, avenues or public squares, or the abutting property owner, and execution may be issued therefor in such manner as may be prescribed by ordinances. Said Mayor and Council of the City of Blairsville shall have power and authority to regulate (except as such power may be restricted by an existing general law) the use of the streets, sidewalks and public grounds for sign posts, awning, telegraph, telephone poles, racks and for carrying banners, hand bills and placards on the streets and sidewalks and public places of said city; and where any telephone, telegraph, power or electric poles have become a nuisance and interfere with traffic or travel on the streets, avenues, alleys, sidewalks or other public places of the city, also to compel any telegraph, telephone company, power or electric company having previously erected such poles and wires in said city, to remove same to any reasonable location designated by the Mayor and Councilmen, and in case said telegraph, telephone, power or electric company shall fail to remove same within thirty days after having been fully notified to do so, said city shall have theright to remove same at the expense of said company, and collect the cost of such removal from such company by execution. Control of Streets and Sidewalks Section 36. Be it further enacted, that the City of Blairsville is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons resident in said city, and to other persons as may be provided by ordinance. The Mayor and Councilmen shall have full power to make all rules and regulations for the management and operation of said water plant and to fix from time to time the rates charged for water with the right to classify said rates. Said Mayor and Councilmen shall have the power to enforce payment for water and shall have theright to require reasonable deposits as well as the power to discontinue service until all amounts due by the consumers whose service is discontinued and until such consumer shall have paid the penalty prescribed. Waterworks

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Section 37. Be it further enacted, that said City of Blairsville shall also have power and authority to own, operate, and control and regulate for the best interest of the said city any other public utility, whether the same be electric light and power system, gas system, or any other public utility, of whatever kind or nature, and said city shall have full power and authority to condemn private property for such purposes, in accordance with the laws of this State, and to do all other things and acts necessary for the establishment and operation of such a system and public utilities, and to pass any and all ordinances necessary for the establishment, operation, regulation and control of such system and public utilities. Public Utilities Section 38. Be it further enacted, that the Mayor and Councilmen of said city shall have the right and authority to provide for the inspection of steam boilers, to reguate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naptha, nitroglycerine, turpentine, cotton, petroleum, kerosene, oil, gasoline, dynamite, or other combustible or explosive material or substances within the limits of said city; and to regulate the use of lights in shops and stables and other places, or building bonfires; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, skyrockets, roman candles, firing of guns, pistols, anvils and every other kind of gaming or hunting within the corporate limits of said city. Regulation of Dangerous Substances Section 39. Be is further enacted, that said Mayor and Councilmen shall have full power and authority to require any person or firm, company or corporation, whether non resident in said city who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, trade, vocation, business or profession annually, and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling, trade or profession,

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such amounts as the Mayor and Councilmen may provide by ordinance. Said Mayor and Councilmen may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinances to pay said taxes, or take out said license for same, who engage in or attempt to engage in such business, profession or occupation before paying such taxes or take out said license, or who fails to comply in full with all requirements of said ordinance made in reference thereto. Registration of Business Taxes and Licenses Section 40. Be it further enacted, that said Mayor and Councilmen shall have full power and authority to license billiard tables, pool tables, ten-pins, and all tables kept and used for the purpose of playing, gaming, or renting of ten-pin alleys, nine-pin alleys of any kind which are kept for the purpose of playing on, or for the purpose of running the same, all tables, devices, stands, music boxes, or places for the performance of any game of play, whether played with sticks, balls, or rings, or other contrivances, and to charge for said license such sum as they may be ordinance prescribe. License for Games Section 41. Be it further enacted, that said Mayor and Councilmen shall full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendance as will insure fair dealing between them and their customers. License for Brokerage Business Section 42. Be it further enacted, that the Mayor and Councilmen of said city shall have full power and authority to license, regulate and control all markets in said city, all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices and such articles, all barber shops and beauty shops, all oil-mills, ice works, laundries, waterworks, all opera houses, theatres, picture show, drays, hacks, taxis, wagons, automobiles used for hauling of any kind, and vehicles used for hire,

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auctioneers, itinerant dealer, immigrant agents,all fire or life insurance companies doing business in said city, traders of all kinds, itinerant dealers in merchandise itinerant dealers in jewelry and medicine except such as are exempted by the laws of this State. Also any person running a flying-jinny, flying-horse, merry-go-round, bicycle or skating rink and all circuses, side shows and all other shows or performance exhibiting in said city, and all persons firms, companies or corporations selling goods, wares and merchandise by sample advertisement or retail, or by wholesale, and all other businesses, callings or vocations which under the constitution and laws of this State are not exempt from licenses. Regulation and License for Certain Businesses Section 43. Be it further enacted, that at the first regular meeting of the Mayor and Councilmen in each year, said Mayor and Councilmen shall pass and adopt, as here-inbefore provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades or vocations, which under the laws of this State are subject to municipal license, and fixing the amount of such tax or license, and may issue fi. fa. against the person subject to such license, which fi. fa. shall become and constitute a lien on all property liable for such license and shall have the same rank and be enforceable in the same manner as town ad valorem tax fi fas. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation, for which a license is required by the City of Blairsville, without having first procured such license and complied with all other requirements of said cityofBlairsville, relative thereto, shall be guilty of a violation of the city ordinance provided for such license or tax and, upon conviction thereof,in the Police Court of said city, shall be punished as provided in this Act, and each day that such person, firm or corporation shall prosecute, carry on or engage in any such business, profession, trade or calling without having first procured said required license shall be a separate and distinct violation of said license ordinance; and prosecution under this section

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shall not be a bar to the issuance by said city of fi. fas. against said person, firm or corporation, and the levy and sale of property belonging to such person, firm or corporation, thereunder,but may be in addition to the methods herein provided for collecting such tax or license. If any person, firm or corporation shall commence, begin or engage in any business, within the City of Blairsville, requiring a license, prior to May first of any year, the Mayor and Councilmen shall add the sum of twenty per cent (20%) of the total amount of such license to such license fee, as a penalty for failure to procure same before May first; and if any person, firm or corporation shall, after May first of any year, commence, begin or engage in any business, within the City of Blairsville, requiring a license and shall operate same for a period of thirty days without such license, the Mayor and Council shall then add the twenty percent (20%) penalty above provided. The Mayor and Councilmen shall have full power and authority to provide by ordinance, for the classification of all businesses, and fix the license or taxes to be paid by the different classes of business, and all other rules and regulations necessary and proper in the premises. Tax Ordinance Penalty Section 44. Be it enacted that the Mayor and Councilmen of said city may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said City of Blairsville, and in case of such license shall be refunded. But no license shall be revoked without giving written notice to the person, firm or corporation holding such license, such notice stating the reasons why such license is being revoked, and affording such person, firm or corporation an opportunity to be heard on the question before said Mayor and Councilmen, the said notice setting forth the time and place of the hearing on the revocation of such license. At said hearing the person holding said license, or the firm or corporation holding same, may submit

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to the Mayor and Council what ever evidence he may desire touching upon the question of revocation of such license. The decision of the Mayor and Councilmen of said city, revoking any such license shall be final. Revocation of License Section 45. Be it further enacted, that the Mayor and Councilmen of said city shall have the power and authority to prevent horses, mules, cattles, hogs, sheep, dogs, goats and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs and goats within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such animal or animals so impounded, shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal or animals under such rules and regulations as may be prescribed by the Mayor and Councilmen. Control of Animals Section 46. Be it further enacted, that the Mayor and Councilmen of said city shall have power and authority to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any way change the street lines and sidewalks of the city and when the power and authority granted by this section is exercised by the Mayor and Councilmen, it may be done, whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent in the manner provided by Sections 36-301 to 36-307, inclusive of the Code of Georgia of 1933, and the Acts amendatory thereof. The Mayor and Councilmen shall have full power and authority to remove or to cause to be removed any building, steps, fence, gate, post or other obstruction or nuisance in the public streets, lanes, alleys, sidewalks, or other public places in

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said city, and to enforce the provisions of this section by appropriate ordinances. Condemnation of Property Section 47. Be it further enacted, that the City of Blairsville, by and through its Mayor and Council, is hereby authorized and empowered to establish and change the grade of any street, sidewalk, avenue, alley, lane or other public place in said City of Blairsville, and to improve any street, sidewalk, avenue, alley, lane or other public place or, any portion thereof, in said city, as hereinafter provided, by paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catch-basins and drainage pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Grading of Streets Section 48. Be it further enacted, that one-half of the total cost of grading, paving, repaving or improving a sidewalk or any portion thereof in said city shall be assessed against the owners of the property abutting on the said sidewalk or portion thereof so paved, repaved, improved or reimproved, and the other one-half of such cost shall be paid by the said city; provided, however, that when said sidewalks in said city shall be paved, repaved, improved, or reimproved along any street, avenue, alley, lane or other public place which is unpaved the curbing of such sidwalk, when it is necessary to use curbing, shall be deemed and considered as a part of such sidewalk and the cost of the same shall be assessed against the abutting property on the basis provided for in this section. All corners of sidewalks in said city and the curbing thereon, shall for the purpose of assessment, be deemed considered as abutting on corner lots or tracts. Cost of Grading Sidewalks Section 49. Be it further enacted, that two-thirds of the total cost of grading, paving repaving or otherwise improving any street, avenue, alley, lane or other public place, or any portion thereof, shall be assessed against the owners of the property abutting on each side of the street, avenue, alley, lane or other public place, or portion

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thereof so paved, repaved, improved, or reimproved, the other one-third, of such cost to be paid by said city, provided, however, that when any street, avenue, alley, lane or other public place in said city shall be paved, repaved, or otherwise improved, the curbing shall be deemed and considered as a part of such paving, repaving, improving and reimproving and shall be assessed accordingly against the owners of abutting property as provided for in this Section. All necessary drains, man-holes, catch-basins, drain pipes, including storm, water drainage and culverts, together with such engineering, surveying and grading as it may be necessary to do in or upon any streets, sidewalks, avenues, lanes, alleys, or other public places shall be considered as a part of such paving or improving and the cost of the same, together with any and all other necessary expense incurred thereby, shall be deemed and considered as a part of the total cost of such paving or the improving and shall be assessed accordingly against the owners of abutting property as provided for in this Act; provided, however, that the cost of the paving or improving of a street intersection shall not be assessed against abutting property owners but shall be paid by said city. Cost of Grading Streets Section 50. Be it further enacted, that said Mayor and Council of said City of Blairsville shall have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to cause to be put in, renewed, replaced, changed, altered or constructed, all water, gas or sewer pipe connections to connect with and existing water, gas or sewer pipes in and underneath the sidewalks, streets, avenues, lanes and alleys and other public places where such public improvements are to be made and all costs and expenses for making such connections and renewals or replacements shall be considered as a part of the expense of paving said streets, sidewalks, avenues, lanes, alleys and other public places, and shall be included and make a part of the general assessment to cover the cost of such improvement and shall be

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taxed against the owners of such abutting property. Gas, Water and Sewer Pipes Section 51. Be it further enacted, that the assessment against each owner of abutting property under the provisions of this Act shall be pro-rated and the total amount of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvement on the streets, sidewalks, alleys, lanes, avenues or other public places directly in front of such owner of abutting property so paved, repaved, improved or reimproved. Assessment Pro-rated Section 52. Be it further enacted, that said City of Blairsville by and through its Mayor and Council, may grade, pave, repave, improve or reimprove, widen, change or extend any of the sidewalks of said city including necessary curbing, drainage or guttering, whenever in its judgment the public convenience and welfare may require such improvements, and said Mayor and the Council may by ordinance provide for such improvements without a petition being first filed therefor as is required by this Act for the paving of streets, alleys, or other public places: It shall not be necessary, unless the Mayor and Council should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, repaved, improved and reimproved in said city, where the said sidewalk is to be constructed along any unpaved streets, avenues or alleys, but said city may cause the said work to be done on such sidewalks in any manner it may designate by ordinance without the letting of contracts therefor as is required by the provisions of this act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, and collections of same and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, repaved, improved or reimproved in connection with the paving, repaving, improving, reimproving of an abutting street, however, bids shall be received therefor and contract let as is provided in this Act for paving of streets. Paving of Sidewalks Section 53. Be it further enacted, that no street, avenue, alley, lane, or other public place in said city shall be paved

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repaved, or improved until the passage of an ordinance authorizing the same, and no such ordinance shall be passed unless said Mayor and Council shall have first been petitioned in writing to pave, repave or otherwise improve the same by a majority of the persons, companies or corporations (or the owner or owners of a majority of the major portions of the front fotage of abutting property) subject to assessment as provided in this Act for the cost of paving, repaving or otherwise improving the street, avenue, alley, lane or other public place, or portion thereof, proposed to be paved, repaved or otherwise improved. Ordinance to Pave Petition Section 54. Be it further enacted, that in determing the number of petitioners for any of the improvements under this Act each company or corporation shall be counted as one person and a majority in the interest of owner's undivided interest shall be counted as one person, provided, that in any case where the improvements are petitioned for the owner or owners of a majority of the front footage of abutting property such owner or owners shall be counted as a majority of the persons, companies or corporations subject to assessment for the improvement petitioned for. Petitioners Section 55. Be it further enacted, that the ordinance authorizing the paving, repaving, improving, or reimproving of any street, avenue, alley, lane, public place or sidewalk under provisions of this Act shall contain such information as shall be necessary to enable the preparation of the proper plans and specifications for the improvements proposed to be made; and pending the consideration for such ordinance an advertisement shall be inserted at least one time in the newspaper in said city which has a general circulation therein, in which the advertisements for Sheriff's sales in Union County are published before the final passage of such ordinance, such advertisement giving notice of the introduction of such ordinance, the sidewalks, streets, avenues, alleys, lanes, public places, or portions thereof to be paved, repaved or improved, and it shall state that the property owners or others interested are notified to appear at a meeting of

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said Mayor and Council to be held at the time stated in said advertisement and make any objections that they may desire to urge against the passage of such ordinances. Said meeting may be held at the time for the regular monthly meeting of said Mayor and Council or at any time they may designate. Any number of streets, sidewalks, avenues, alleys, lanes or other public places, or parts thereof, may be included in one ordinance, but any protest or objection shall be made as to each street, sidewalk, avenue, alley, lane, or other public place, or parts thereof, and each shall be treated and considered as a separate and distinct project. At the time named in said advertisement in any property owner or other person desires to make objection to the passage of such ordinance full opportunity shall be given at such meeting, and after hearing objections, if any are made, to the passage of such ordinance said Mayor and Council shall have the right to order such paving, repaving, or other improvements to be made, or they may decline to pass said ordinance. After the passage of such ordinance any person, company or corporation subject to assessment for the cost of such improvement who does not within ten days therefrom begin legal proceedings to prevent said assessment from being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment herein provided for may be made, and shall have also agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said Mayor and Council, and said ordinance shall have been held by the courts of this state to be conclusively valid and binding as against all such persons, companies and corporations subject to assessment as provided for in this Act. At any time after the passage of such ordinance that the Mayor and Council shall deem best they shall cause said improvements to be made. Matter Contained in Ordinance Advertisement Objection Waiver Section 56. Be it further enacted, that said Mayor and Council may by ordinance provide such reasonable terms and conditions as they shall deem proper to impose with

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reference to the letting of the contracts and the provisions thereof; and the said Mayor and Council shall by ordinance provide that the contracts shall execute to the City of Blairsville a good and sufficient bond, in an amount to be stated in such ordinance, conditioned for the full and faithful performance of the work and the performance of the contract and for the protection of said City of Blairsville and all property owners interested against any loss or damage by reason of the negligence of improper execution of the work; and may require a bond in an amount to be stated in such ordinance equal to at least twenty-five per cent of the total cost of paving for maintenance and good condition of such improvement for the period of not less than five years from the time of its completion or both, in the discretion of the said Mayor and Council. Said ordinance shall also direct the Mayor and Clerk of said city to advertise for sealed proposals for furnishing materials and performing the work necessary in making such improvements. The notices shall be in such form as they may deem best, but shall state what, if any, bonds will be required to be executed by the contractor aforesaid, and shall state the time when, the place where the sealed proposals shall be filed and when and where the same will be considered by the Mayor and Council. Said notice shall be published once a week for two consecutive weeks in some weekly newspaper of general circulation in said City of Blairsville. The right is hereby expressly granted to the City of Blairsville to call for bids on different kinds of pavement at the same time, for the doing of the work with as many different kinds of pavement as they may stipulate. At the time and place specified in such notice the Mayor and Council shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder for the kind of improvement and materials with which they decide the streets, sidewalks and other places shall be improved and who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said Mayor and Council as prescribed in such ordinance and notice for

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proposals. The said Mayor and Council shall have the right to reject any and all bids and readvertise for other bids when any such bid is not in its judgment satisfactory, Terms and Conditions Notices Bids Section 57. Be it further enacted, that as soon as the said contract is let, and cost of such improvement (which shall also include all other expenses incurred by the city incident to said improvements, in addition to the contract price for work and materials) is ascertained, the said Mayor and Council shall by ordinance direct their Consulting Engineer, or if they so desire, may appoint a committee to appraise and apportion the cost and expenses of the same to the several tracts or land abutting on the said improvements as hereinbefore provided. Within fifteen days from the passage of such ordinance said Engineer, or Committee, shall file with the clerk of said city a written report of the appraisal and apportionment of such expense and cost, on the basis herein provided, to the several lots and tracts of land abutting on the said street, sidewalk, alley, avenue, lane or other public place so improved. When said report shall have been returned and filed and the said Mayor and Council for said city shall appoint a time for holding of a session of Council or shall designate a regular meeting of Council for the hearing of any complaints or objections that may be made concerning the said appraisal and apportionment as to any such lots or tracts of land abutting on said improvement as to any such lots or tracts of land abutting on said improvements, and notice of such session for the said hearing shall be published by the said Clerk of said city in one issue of some weekly or daily newspaper having general circulation in the City of Blairsville and said notice shall provide for inspection of such returns by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than fifteen days from the date of the publication of the said notice. The said Mayor and Council at said session shall have power to review and correct said appraisal and apportionment and to hear objections to the

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same and to confirm the same either as made by said Engineer or Committee or as corrected by said Mayor and Council. The said Mayor and Council shall thereupon assert a lien upon each portion of the property abutting on such paving, repaving or improvement for the amount of the assessment against the owner thereof to date back to the approval of the original ordinance providing for such paving and declare the same as of the date said original ordinance was passed. Such special assessment and interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the original ordinance providing for such paving co-equal with the lien of other taxes and prior and superior to all other liens against such lots or tracts and such liens shall continue until such assessment and interest thereon shall be fully paid. Provided, that each and every separate lot or tract shall bear alone its proportionate percentage of the assessment and no lien shall attach to any lots or tracts for the assessment against any other abutting owner. Appraisal and Apportionment of Cost Objection to Appraisal Lien of Assessment Section 58. Be it further enacted, that after the adoption of the ordinance provided for in section fifty-seven of this Act a written statement shall be furnished by the Clerk of the said City of Blairsville to each abutting owner, person, or corporation subject to be assessed as herein provided for, showing her, his or its pro-rata part of such assessment and it shall be the duty of such person, company or corporation so notified to pay the said Clerk within thirty days after the receipt of such statement the entire amount of the assessment against such person, firm or corporation. The notice of assessments herein provided for shall be served personally upon each of said property owners and upon agent of such company or corporation residing within the limits of said city, or by leaving said notice at the most notorious place of abode of such persons or agents, and where such owners or agent is a nonresident of said city it will be sufficient service if said notice or statement be mailed to said property owner or agent at the last post office address of said owner or

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agent known to said Clerk. In the event such owner or agent is not known it will be sufficient to serve said notice upon any person in possession of the property against which such assessment is made. Service of such notices or statements may be made either by the Clerk or by the Marshal of said city. Statement to Owner Section 59. Be it further enacted, that if any person or persons, company or corporation shall fail or refuse to pay to the Clerk of said City of Blairsville his, her or its assessment as required by this Act, at the expiration of thirty days after the service of a statement as provided in the preceding Section, said Clerk will be authorized to issue executions bearing test in the name of the Mayor and Council of said City and specifying the improvements for which it is issued against the owner and also the property of such owner abutting on the sidewalks, street, avenues, alleys, lanes or other public places, or portion thereof so paved or improved, which execution shall be a lien against such property from the date of the ordinance authorizing such improvement and bearing interest at the rate of seven percent per annum from the date on which it was issued until paid. Said execution when issued shall be delivered to the Marshal of said City who shall levy the same upon the abutting real estate liable for such assessment and previously assessed for such improvements, and also after advertisement and other proceedings as in cases of sales or city taxes the same shall be sold at public outcry to the highest bidder; and such sale shall vest an absolute title in the purchaser subject to the right of redemption by the owner as is prescribed by the Code of Georgia of 1933 have authority to execute deeds to the purchaser when the property is sold and payment therefor is made, and to put the purchaser in possession thereof. At any such sale, the said City of Blairsville shall have the right to purchase any lands so sold as prescribed by the Code of Georgia of 1933 and Acts amendatory thereof. Failure to Pay Execution Sale Section 60. Be it further enacted, that the Marshal of said city when so ordered by said Mayor and Council

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shall be authorized to transfer and assign any executions issued under the provisions of this Act and thereby vest the purchaser or the transferee with the same rights as to enforcing said execution and priority of payment at might have been exercised or claimed by said city before said transfer, and the town shall allow the use of its machinery of government for the collection of said executions. Transfer of Executions Section 61. Be it further enacted, that the passage of the ordinance for paving, repaving, or otherwise improving the streets, sidewalks, alleys, lanes, or other public places, or parts thereof, in said city, together with the ordinance assessing the cost of the same and asserting a lien against the property abutting thereon shall, when properly entered on the minutes of the council, be notice of such lien from the date of the approval of such ordinance for such paving as full and complete as if the same were in the shape of an execution and entered on the docket of the Clerk of the Superior Court of Union County, Georgia, under the general registration laws of this State. Notice of Lien Section 62. Be it further enacted, that any defendant in any such executions or owner of property against which the same is issued shall have the right to file an affidavit of illegality upon the ground that the same has issued (or is proceeding illegally, as provided by statute in cases of other executions, stating what amount, if any, is admitted to be due (which amount so admitted must be paid before said affidavit shall be received and said affidavit shall be received for the balance) provided, that any such defendant who has not within ten days after the passage of the ordinance authorizing such improvement began legal proceedings to prevent the assessment for the cost thereof shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made and shall also have agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said Mayor and Council; otherwise the law relating to illegalities shall apply as in other cases. When

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the Marshal shall receive said affidavit of illegality as herein provided for, he shall return the same to the Clerk of the Superior Court of Union County, Georgia, where it shall be tried at the first term of the court under the statute of this State that is applicable to the trial of illegalities and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to such affidavit of illegality shall have the right to appeal to the Supreme Court as in cases of illegalities originating from executions issued by the Superior Courts in this State. In the event any special assessment shall be found to be invalid insufficient, in whole or in part, for any reason whatsoever, the Mayor and Council may at any time in the manner provided for by the levying of an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Affidavit of Illegality Supertor Court Section 63. Be it further enacted, that whenever the abutting landowners of any street, avenue, alley, lane or other public place petition to have the same improved as provided in this Act, and where the State, or any of its political subdivisions thereof, is the owner of property on any of said streets, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purpose of assessment, and where the State is the owner of the property the Governor is authorized to sign the petition provided for in this county is the owner the Commissioner of Roads and Revenue of said Union County, is authorized to on behalf of the county, and where the City of Blairsville is the owner the Mayor of said town is authorized to sign for and in behalf of the said city. Public Property Section 64. Be it further enacted, that the Mayor and Council of the City of Blairsville are authorized and empowered tocall elections by the qualified voters of the said city, in accordance with the provisions of the laws of Georgia, at such time or times as said Mayor and Council may designate, to determine whether or not bonds shall be issued by said city for the purpose of providing

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funds to pay pro-rata part, as designated in this Act, of the expense of paving, repaving, improving or reimproving any or all of the sidewalks, streets, alleys, avenues, lanes or other public places, or any portion thereof, in said city, for which said city would be liable under the provisions of this Act, and for the purpose of providing funds for the paving or improving of street intersections and for the payment of the assessments against said city as provided for in this Act for which the city would be liable by reason of being the owner of land abutting upon any of the streets or sidewalks paved or improved under the provisions of this Act, and for the purpose of providing funds for any other expense for which the said city would beliable, either in whole or in part, by reason of such paving or improving. Said bonds are to be issued under the general laws of the State of Georgia with reference to the issuance of bonds by municipalities and said Mayor and Council are authorized, empowered, and required to levy and collect a tax annually, in addition to all other taxes authorized by law, upon the taxable property of said city, a sufficient tax and sum to meet, pay off and retire any such bonded indebtedness that may be incurred under the terms of this Act, according to the manner of the issuance of said bonds, and according to the terms, stipulations and tenor of said bonds, providing the sum raised for this purpose shall be used for no other purpose whatever. Call of Bond Elections Bonds How Issued Section 65. Be it further enacted, that if said Mayor and Council should deem it fitting and proper, they may provide in said assessment ordinance for street improvements that said assessments against the different tracts of land so assessed for the paving, repaving or otherwise improving of the streets, alleys, lanes, and public places upon which such property abuts may be paid in ten equal installments, which shall bear interest at the rate of seven per cent per annum until paid. Purposes Section 66. Be it further enacted, that, in the event that the Mayor and Council provide in said assessment ordinance for the paving, repaving or otherwise improving of

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any streets, lanes, alleys, or public places in said city that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in ten equal installments, the first installment of said assessments, together with interest to that upon the whole, shall be due and payable on the first day of September next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on October first of thefollowing year. Said ordinance shall also provide that the owners of property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of passage of said assessment ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest, within said period of thirty days, to the Treasurer of the City of Blairsville. Assessments Paid in Installments Section 67. Be it further enacted, That in the event the said Mayor and Council deem it fitting and proper and so provide the assessment ordinance for street improvements that the assessments against property abutting on such streets, alleys, avenues, lanes or public places shall be paid in said installments, the said special assessments and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed in the same manner and to the same extent as hereinbefore provided in this Act in Section 59, thereof, where provision is made declaring such street improvement assessments to constitute a lien against property so assessed where no provision is made for the payment of such assessments in installments. Lien of Special Assessment Section 68. Be it further enacted, That in the event that the Mayor and Council provide in said assessment ordinance

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for the paving, repaving or otherwise improving of any streets, lanes, alleys, or public places in said city that said assessments against the property abutting on said streets, lanes, alleys, or other public places so improved or reimproved shall be paid in ten equal installments, the said Mayor and Council are hereby authorized and empowered to provide by resolution, after the expiration of thirty days from the passage of the said assessment ordinance for the issuance of bonds in the aggregate amount of such assessments against said abutting property remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said Mayor and Council may determine, which bond or bonds shall in no event become a liability of the Mayor and Council or the City of Blairsville issuing the same. One-tenth in the amount of any such series of bonds, with the interest upon the whole series date, shall be payable on the fifteenth day of October next succeeding year until all shall be paid. Such bonds shall bear interest at rate not exceeding six per cent per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street or streets or part of streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvements under authority of this Act. Said bonds shall be signed by the Mayor and attested by the City Clerk, and shall have the impression of the corporate seal of such town thereon, and shall have interest coupons attached; and all bonds issued by authority of this Section shall be payable at such place, either within or without the State of Georgia, and shall be sold at not less than par, and the proceeds thereof applied to the payment of pro rata share of expenses of such street improvements so assessed against the property abutting on such streets so improved, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment

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of the amount due him on his contract, insofar as said bonds will apply on such amount so due. Said bonds shall be registered by the Clerk of the city in a book to be provided for that purpose, and certificates or registration by said clerk shall be endorsed upon each of said bonds. Bonds to Cover Installments Section 69. Be it further enacted, That, in the event that the Mayor and Council provide in said assessment ordinance for the paving, repaving or otherwise improvement of any streets, lanes, alleys or public places in said town that said assessments against the property abutting on said streets, alleys, lanes, or other public places so improved or reimproved shall be paid in ten equal installments and bonds are issued in accordance therewith, as provided in Section 68. of this Act, the assessments provided for and levied under the provisions of this Act, shall be paid by the persons owning said lots or tracts of land as the several installments become due, together with the interest thereon, to the Treasurer of the City of Blairsville, who shall give the proper receipts for such payments. It shall be the duty of the Treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in special fund to be used and applied for the payment of such bonds and the interest thereon and the expenses incurred thereto, and for no other purposes. It shall be the duty of the Clerk of said city not less than thirty days and not more than forty days before the maturity of any installment of such assessment, to publish in one issue of a weekly newspaper having a general circulation in said city, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street, or streets, or other public places for the improvement of which such assessments have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installments and interest; and it shall be the duty of said Treasurer promptly after the date of the maturity of such installments or assessments and interest and on or before the fifteenth day of October of each year, in case of

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a default of payment of any such installment or assessment with interest, to issue an execution against the lot or tracts of land assessed for such improvement, or against the party or persons owning the same, for the amount of such assessment with interest and shall turn over the same to the marshall or Chief of Police of the City of Blairsville or his Deputy, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvements; and after advertisement and other proceedings as in case of sales for city taxes the same shall be sold at public outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and also subject to the right of redemption as provided by the laws of Georgia, and affidavits of illegality and other proceedings in said sales shall be the same as hereinbefore provided for the sale of property to satisfy street improvement executions. Payment of Installments Levying Officer Section 70. Be it further enacted, That if the said City of Blairsville has in its treasury a sufficient amount of money to pay for its pro rata share of the paving, repaving or otherwise improving of any streets, lanes, alleys, avenues or public places in said city, the Mayor and Council may, be appropriate ordinance, direct that such money be expended for the purpose of paying the pro rata share of said city for the expense of so improving such streets, avenues, alleys and public places and such expenditure shall be treated and considered as a current expense of the operation of said city, and this may be done without referring the question to the qualified voters of said city and without the necessity of any election to decide such question. Expenditure of Funds From Treasury Section 71. Be it further enacted, That nothing herein contained shall be construed to prevent the Mayor and Councilmen of said city from proceeding under the provisions of Chapter 69-4, Sections 69-401-434, both and all inclusive, of the Code of Georgia of 1933, referring to Street Improvements in Muncipalities having a population of 600 or more, in the event such provisions shall

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be adopted by said city, after an election duly held, approving the same, in accordance with the provisions of said Chapter 69-4, and if such election should be held, and if a majority of the qualified voters voting in said election should vote in favor of the adoption of the provisions of said Act, any streets, and sidewalks in said city of Blairsville may be improved in accordance with the provisions outlined in said Chapter 69-4, and if said Act is approved by such election, then the procedure outlined in the preceding Sections of this Charter for the improvement of streets shall be completely disregarded, and the provisions of said Chapter 69-4 of the Code of Georgia of 1933, and Acts amendatory thereto, shall be followed exclusively for the improvement of streets and sidewalks in said city. Authority to Proceed under Code 69-401-434 Section 72. Be it further enacted, That the Mayor and Councilmen of said city shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage, or parts of such system in said city, and around said city, for health and cleanliness and comfort of its inhabitants; and the said Mayor and Councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains and public sewers, private water closets, privies and the like in said city with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said town, with full power also to require changes in or the total discontinuance of any such contrivance or structures already in existence or that may be thereafter allowed. When any system of sewerage or drainage shall be constructed by the said Mayor and Council, or under their direction, assessments may be made and executions may issue for the expense thereof; under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets, under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving

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streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the Mayor and Councilmen by appropriate ordinances. Sewage System Section 73. Be it further enacted, That in case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right of way for that purpose, and such owners and the authorities of said city cannot agree upon the damages to be paid for such easements, in damage shall be assessed as in cases of property taken for opening, straightening or widening streets under this charter. Upon the payment or tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Condemnation of Property Section 74. Be it further enacted, That said Mayor and Councilmen may provide by ordinance for the execution of the provisions of these sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Ordinance Relating to Sewerage Section 75. Be it further enacted, That for the purpose of preservation of the health of the inhabitants of said city, the Mayor and Councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said city and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Extension Beyond City Limits Section 76. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to make assessments on the various lots of land and lots owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said Mayor and Councilmen are hereby empowered to collect the

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same by execution against the lots so assessed and the owners thereof; the amounts so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in the same manner that executions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said Mayor and Councilmen shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; provided, no residence lot shall be less than 25 feet front; and no business lot shall be less than 20 feet front; and provided further, the assessments shall not be made on vacant lots nor residence lots subdivided. Assessments for Sanitary Purposes Execution Section 77. Be it further enacted, That jurisdiction of the Mayor and Councilmen and the territorial limits of the City of Blairsville are hereby extended for police and sanitary purposes over all the lands that may hereafter be acquired by said city for waterworks, sewer and electric light purposes and waterworks or other stations and adjacent lands and the pipes and mains of said waterworks system, and they shall have full power and authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officers of said city shall have the authority to arrest any person, or persons, violating said ordinances, wherever found, within or without the limits of said city. The Mayor and Councilmen of said city shall exercise jurisdiction annd police authority over any territory it may own or control without the limits of said city for electric light plant, sewerage or drainage, also, over the territory which may be hereafter acquired for city cemetery purposes and for a distance of two hundred yards in any direction from the boundary thereof, and shall have full power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if the same were wholly located in the city limits proper, and

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the police officers shall have authority to make arrests of persons violating the same, wherever found, within or without the limits of said city. Extension of Police and Sanitary Power Beyond City Limits Section 78. Be it further enacted, That the Mayor and Councilmen shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the town for the purpose of establishing and maintaining an electric light plant and waterworks system, or sewerage system, or any of them; provided, that if the right to condemn herein granted be exercised, all proceedings shall be under the provisions of Sections 36-301 to 36-607, inclusive, of the Code of Georgia of 1933, and Acts amendatory thereof. Condemnation of Land and Water Rights Section 79. Be it further enacted, That said Mayor and Councilmen shall have full and absolute control of all city pipes, sewers, private drains, [Illegible Text] and the like in said city, with full power to prescribe theiir location, structure and use, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of said city. The said Mayor and Councilmen shall have full power and authority to prescribe the kinds of water-closets and urinals to be used in the corporate limits of said city, and shall have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the Mayor and Councilmen, or whenever they become a nuisance. They shall also have the power and authority to compel the owner to connect water-closets and urinals on the premises of property owners with the sanitary system of the city, when such property is located or or near streets where there are such sewers and under such regulations and rules as may be prescribed by the Mayor and Councilmen, and said property owners who fail to connect any water-closet or urinals on the premises with the sanitary sewers of said city within the time prescribed by said Mayor and Councilmen, the Mayor and Councilmen may make such connections and assess the cost of said connections and fixtures and collect the same by execution issued by the

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City Clerk against said real estate, and which execution may be enforced in the manner prescribed in this Act for enforcement of executions in favor of said city. The Mayor and Councilmen are also empowered and authorized to compel the disuse of any outdoor toilet in the corporate limits of said city, and to order the owner thereof to remove same, and if said owner should fail to remove same after having been given reasonable notice so to do the Mayor and Councilmen may cause same to be removed and the expense thereof shall be charged to the owner of such toilet, and the Clerk of said City is authorized to issue an execution for the expense of such removal, against such owner. Said Mayor and Councilmen may order the removal and disuse of any such outdoor toilet at any time when, in their judgment, such toilet becomes a nuisance or injurious to the health, comfort, convenience or well-being of the inhabitants of said city. Control of Pipes and Drains Outdoor Toilets Section 80. Be it further enacted, that the Mayor and Councilmen of said city may by ordinance provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties as the Mayor and Councilmen may provide. It shall be their duty to meet as often as necessary, or as the Mayor and Councilmen may prescribe, and to visit every portion of the city, and to report to the Mayor and Councilmen all nuisances which are likely to endanger the health of the inhabitants thereof; said Mayor and Councilmen shall have power, upon report of said board of health, to cause such nuisance to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose acts or negligence caused said nuisance, or the party owning such property upon which same may be located, as the Mayor and Council may elect, and execution may issue against said property to collect the expense of said removal of said nuisance, which may be collected by the Marshal and by levy and sale as other executions are collected. Board of Health Section 81. Be it further enacted, that said Mayor and Councilmen shall have full power and authority to cause

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owners of city lots, and cellars, if same should prove a nuisance, or the board of health should recommend that said lots or cellars be filled or drained, to cause the owners to fill or drain said lots, or cellars to the level of the streets or alleys upon which said lots or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves or to their agents, as the Mayor and Councilmen may elect, to comply with the requirements of said Mayor and Councilmen by draining or filling said lots or cellars, it shall be lawful for said Mayor and Councilmen to have this work performed and the amount expended in doing so collected by executions, and the sale under such execution shall pass the title to the property. Draining of Lots and Cellars Section 82. Be it further enacted, That said Mayor and Councilmen, may by ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. The Mayor's or Police Court in said city shall have concurrent jurisdiction with the Mayor and Councilmen of said city in respect to the trial and abatement of all nuisances in said city. [Illegible Text] Section 83. Be it further enacted, That the Marshal and Policemen of said city shall have full power and authority to enter and if necessary to break open and enter any place in said city when the Mayor and Councilmen may have reasonable cause to believe, or may suspect to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said Mayor and Councilmen may have full power and authority to abate as a nuisance any place in town when said Mayor and Councilmen shall have reasonable cause to believe to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender or offenders; and upon conviction of a person for maintaining a nuisance, as above [Illegible Text], and as punishment for same, said Mayor and Councilmen shall have full power and authority to cause said Marshal and Policemen of said city to seize and destroy the stock of liquors of said

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person and the apparatus for selling same, and otherwise punish said offender or offenders as may be prescribed by ordinance. Raiding of Blind Tigers Section 84. Be it further enacted, That said Mayor and Councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city of Blairsville and to enlarge, change or modify its limits from time to time, to prescribe when, how and of what materials buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stovepipes and flues shall be constructed, to change all things that may deem necessary to protect said town as far as possible from danger from fire, and to prevent conflagration. They also have the power and authority to order changes in the construction of chimneys, stovepipes, or flues, or the removal thereof, when in their judgment the same is dangerous or likely to become so, and make the owner or occupant of the premises pay the expenses of the same as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said city, said Mayor and Councilmen may order said building removed, and if the person, firm or corporation shall not remove said building after notice to do so, then said Mayer and Councilmen shall have the power and authority to remove the same at the exepnse of the owner, which expense may be collected by excution as in other cases provided in this charter. Fire [Illegible Text] Section 85. Be it further enacted, that said Mayor and Councilmen shall have power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and punish for violation of any quarantine regulations of said city. They shall have the power to build or establish a pest house outside of city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the the town. They shall have the power to compel the removal to the pest house of any person or persons who

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have small pox or other contagious diseases when in their judgment it is best for the welfare and health of the town. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians, at the expense of the town to vaccinate all persons who are unable to procure such vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Control of Contagious Diseases Section 86. Be it further enacted, that said Mayor and Councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide for the burial of the dead, either within or without the city limits, to regulate interments therein, and to expend annually a sufficient sum for keeping cemeteries in proper order. Churches and Cemeteries Section 87. Be it further enacted, that the Mayor and Councilmen of said city, shall have the power to grant franchises, easements, and right of way over, in under and on the public streets, lanes, alleys, parks, and other property of said city. Easements and Franchises Section 88. Be it further enacted, that should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be aprehended whereever he may be found, in this State, and the warrant of the Mayor or Mayor Pro-Tem, or Acting Mayor of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers, or either of them, shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of the said city, or its officers, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Apprehension of Fugitives Section 89. Be it further enacted that the Mayor and Councilmen of said city shall be empowered and authorized

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through a committee, or by themselves in the discretion of said Mayor and Councilmen, whenever necessary, to examine into the workings of any business of any officer, or conduct of any officer, and said committee, or Mayor and Councilmen conducting said examination shall have power to send for persons and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Investigation of Businesses Section 90. Be it further enacted, that the Mayor and Councilmen shall have the power and authority to establish a fee-bill for the officers of said city, such fees, when collected, to be paid into the city treasury. Fee-bill Section 91. Be it further enacted that the Mayor and Councilmen shall provide for a town prison which shall be safe and suiable for the keeping and detention of city-prisoners and convicts, and may appoint a custodian for same. The Mayor and Councilmen may contract with the proper authorities of Union County for the use of the common jail of said county for this purpose. Town Prison Section 92 Be it further enacted, that said Mayor and Councilmen shall have full power and authority to supress lewdness and all immoral conduct, gambling and gambling places, and to preserve the sancity of the Sabbath day, and this end may enact such ordinances and provide such penalties as they think advisable to carry out the granted in this Section. Lewdness and Vice Section 93. Be it further enacted, that the Mayor and Councilmen of said city shall have power upon proper and sufficient proof of houses of ill fame, bawdy-houses, lewd or gaming houses or places, to abate the same by causing the occupants thereof to be forcibly removed, after three days notice, and any property owner or agents who shall rent or suffer the same to remain on the premises, shall, upon conviction before the Mayor, be punished as for a violation of the ordinances of the city. Abatement of Gaming and Bawdy-Houses Section 94. Be it further enacted, that all executions in

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favor of the City of Blairsville for the enforcement and collections of any fine, forfeiture, assessments, taxes, or other claim, demand, or debt, shall be issued by the Clerk and bear tests in the name of the Mayor (except when otherwise provided by this charter), and shall be directed to the Marshal of said city, and shall state for what issued and may be returnable to the Mayor and Councilmen of the City of Blairsville at least within ninety days after the issuing of the same; and it shall be the duty of the Marshal or collecting officers to advertise the sale of such real or personal property as may be levied on by him to satisfy said execution, in the same manner respectively as Sheriff's sales or real property or constables sales of personal property are required to be made by law. All of said sales to be made at the place within the usual hours of sale of sheriffs and constables, and to be made under the same rules and regulations as govern sheriff's sales and constable's sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for the sale under executions for State and County taxes. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming said property so sold for taxes by paying the purchaser the amount paid for said property at said tax sale, as shown by the recitals in the tax, deed, plus a premium of 10 per cent of said amount for each year, or fraction of a year, which shall have elapsed between the date of sales and the date on which the redemption payment is made, said payment to be made to the purchaser at any time within 12 months from the date of said tax sale, and at any time thereafter until the right to redeem shall be foreclosed. All redemptions of land which has been sold for taxes due the City of Blairsville and the foreclosure of the right of redemption of land sold for taxes shall be governed by the laws of the State of Georgia, as embodied in Sections 92-8301 to 92-8314 of the Code of Georgia of 1933, and all acts amendatory thereof. Whenever at any such sale for taxes due no person present shall bid for the property put up for sale as much as the amount of such execution for

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taxes and all costs, and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of said city may bid off said property for said city, and the Marshal, or such other officer making the sale, shall make to the City of Blairsville, a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and complete after the period provided for the redemption of the owner shall expire, and after the foreclosure of the right to redeem, as above provided, and the Marshal, or other officer making the sale shall put the city in possession, and the Mayor and Councilmen of said city shall have no right to divert or alienate the title of the city to any property so purchased, except at a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the City of Blairsville. The City Clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings hereunder; said execution shall also be returned to the office of said Clerk after being satisfied. All sales and conveyances made under executions as provided in this section shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sales shall have the same power as the sheriff's and constables to put purchasers in possession of property sold by them under the laws of this State. Issuance of Executions Redemption of Land Sold for Taxes Bidding for City Execution Docket Section 95. Be it further enacted, that said Mayor and Councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trial for violations of the city ordinances and laws of this State, and the procedure in such trials, nothing in this section shall operate to repeal the ordinances of the City of Blairsville, now in force prescribing the form of warrants, accusations and affidavits, but the same shall remain in full force and effect until the same are repealed or amended by ordinance duly adopted by the said Mayor and Councilmen. Form of Accusations, Affidavits and Warrants Section 96. Be it further enacted, that said Mayor and

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Councilmen of the City of Blairsville, by gift, purchase, lease or otherwise, grounds suitable for park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep up the same, and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this section. They shall have the right to draw the ordinary expense fund of said city of said purpose. Parks Section 97. Be it further enacted, that the Mayor and Councilmen of the City of Blairsville, shall have the power and authority to adopt and enforce ordinances for said city to protect shade trees and public places in said city and to prevent cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless the same is done with the consent and under the direction of said Mayor and Council, or some officer appointed to direct the same. Said Mayor and Councilmen shall also have power and authority to order the removal of any tree in said city which, in the judgment of the Mayor and Council impedes or hinders travel and traffic in said city. If, after reasonable notice to the owner of property in said city upon which said tree is located, such owner fails or refuses to remove said tree therefrom, the same may be removed by the Mayor and Councilmen at the expense of such property owner, and for such expenses of removal execution may issue against such property owner. Shade Trees Section 98. Be it further enacted, that the Mayor and Councilmen of the City of Blairsville may require and compel all male persons between the ages of eighteen and fifty who have resided in the City of Blairsville as long as thirty days, except those who are exempt in Section 98 of this Act, to work upon the streets of said City of Blairville not to exceed fifteen days in each year, at such time or times as the Mayor and Councilmen may require, or to pay a communtation tax in lieu thereof, not exceeding seven dollars and fifty cents ($7.50) in any one year, as said Mayor and Council may determine by ordinance. Should any person liable to work the streets under this

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section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said Mayor and Councilmen may require, shall be deemed guilty of a violation of this section, and on conviction in the Police Court of said city, shall be fined by a sum not exceeding fifteen dollars or imprisoned in the town prison or by labor on the chain gang of said city not exceeding twenty days. Said Mayor and Councilmen may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this Section. Street Tax Section 99. Be it further enacted, that all ordained ministers of the gospel, who are in the regular discharge of ministerial duty, and in charge of one or more churches, all men who have lost one arm or one leg; and all men who are either deaf, dumb, or blind either totally, or partially to the extent that they are unfit or unable to perform street work shall be exempt from the street duty provided in Section 98 of this Act and such persons shall not be compelled to do such street work or pay such commutation tax. The question as to whether any male person either partially deaf, dumb or blind is unfit or unable to perform street work shall be left to the judgment of the Mayor and Councilmen and their decision on such question shall be final. Exemption from Street Duty Section 100. Be it further enacted, that the Mayor and Councilmen of the City of Blairsville shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort, and security of said city and the inhabitants thereof, and that they may be necessary to foster virtue and good morals in said city; to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said Mayor and Councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said Mayor and Councilmen by this charter; to make and enforce

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such ordinances, rules and regulations for the government of their body and all officers of said city, and to do any and all other Acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers upon municipal corporations provided said laws, ordinances, regulations and rules are consistent with the laws of this State. Purposes of Ordinances Section 101. Be it further enacted, that said Mayor and Councilmen shall have the power to control and regulate the running and operating of all automobiles, trucks and all vehicles for the transportation of persons and freight; to regulate the speed of such vehicles in said city and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noise from steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for purposes and penalties and enforce the same for violation thereof. Control of Vehicles Section 102. Be it further enacted, that the Mayor and Councilmen shall power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violations thereof. Idleness and Loitering Section 103. Be it further enacted, that in case the Mayor and/or a Councilmen while in office shall be guilty of malpractice and wilful neglect in office, or abuse of the power conferred on him shall be subject to be impeached by the City Council, and on conviction shall be removed from office. Impeachment of Officers Section 104. Be it further enacted, that it shall be the duty of the Mayor and Councilmen of said city to provide fire protection and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and provide any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of

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property from fire. Fire Protection Section 105. Be it further enacted, that the Mayor and Councilmen of said city shall have power and authority to impose a tax on dogs within said city, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the City Marshal and Policemen of said city to kill any dog or dogs running at large in said city whose owners refuse to comply with such ordinances. Dog Tax Section 106. Be it further enacted, that the Mayor and Councilmen of said city shall cause to be codified all ordinances of said City of Blairsville, together with this Act into one book to be known as The Code of the City of Blairsville, which book shall be constructed in a similar manner to the deed record books now being used by the Clerk of the Superior Court of Union County, Georgia for recording deeds. Said Mayor and Councilmen shall, no later than the first regular meeting of the Mayor and Councilmen to be in May, 1946, pass and adopt such code, as the Code of the City of Blairsville; and said code [Illegible Text] be admitted in evidence in any of the courts of this State upon the certificate of the lerk of said City of Blairsville, certifying the same to be the code of ordinances and laws of said town. City Code Section 107. Be it further enacted, that said Mayor and Councilmen shall have power and authority to require any person, firm or corporation to obtain from said Mayor and Councilmen or a committee appointed by said body, a written permit to erect in said city any house, building or any kind of structure, before such person, firm or corporation shall be allowed to erect in said city such house, building or structure, and to provide for and regulate the type of application for such permit, and what information such applications for building permits shall contain, and said Mayor and Councilmen have power and authority to prohibit the erection of any building house or structure within the corporate limits of said town unless such building permit is first obtained prior

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to the erection of such buildings, house or structure, and to provide for the punishment of violators of such rules regulations and ordinances. Building Permits Section 108. Be it further enacted, that the Mayor and Councilmen of said City of Blairsville shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights-of-way for any electric light, water supply, gas or sewer line, or sewerage disposal plant, for sites for the buildings or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the Mayor and Councilmen shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor or executors, administrator or administrators, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code of 1933, Section 36-301, et seq. Condemnation of Private Property Section 109. Be it further enacted that the Mayor and Councilmen of the City of Blairsville shall have power and authority to issue bonds for and in the name of said city for any of the following purposes, to wit; for purchasing lands, buildings; erecting buildings; improving property; purchasing equipment; purchasing improvements; paying for condemned property taken for public use; for building, equipping, and maintaining waterworks, water supply system, and gas systems and services and electric light system; for laying water-mains and sewers, paving, macadamizing, repairing and improving the public sidewalks, streets, lanes, alleys, crossings and

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public places in said city; for fire protection, fire-fighting equipment and facilities, and for any and all public uses and purposes that may be needed for said city. Purposes of Bonds Section 110. Be it further enacted, that, before any proceeding toward the issuing of bonds for any of the purposes named in the preceding Section, the Mayor and Councilmen shall prepare, or cause to be prepared by contract or otherwise, necessary plans, specification, estimates of cost showing location, extent, cost and other information all of which shall be on file and accessible to voters at least ten days before said bond election is to be held. The cost of preparing such plans, specifications and estimates of cost may be paid from current expense funds and/or from the proceeds of the bonds sold. Prerequisites to Bond Issue Section 111. Be it further enacted, that before any bond of said city shall be issued for any of the purposes named in Section 109 of this charter, the Mayor and Councilmen of said city shall, by appropriation of resolutions or ordinances direct and provide that such bonds shall be issued, and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinances call and provide for the holding of any election on the subject and for published notice thereof, as provided by the constitution and laws of this State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the beforesaid purposes, as deemed expedient by said Mayor and Councilmen; provided, always that the limits of the total bonded indebtedness of said town as fixed by the Constitution of the State, shall never be exceeded. Should the requisite number of qualified voters of said city, as prescribed by the Constitution and laws of this State, vote in favor of issuing bonds at any election called for by the said Mayor and Councilmen as hereinbefore provided, then and in such event said city's Mayor and Councilmen shall, at any time before the time of issuing the bonds authorized by such election, provide

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for the assessment, levy and collection, during the life of said bonds, of an annual tax upon all property in said city subject to taxation, sufficient in amount to pay the principal and interest of said bonds. Any and all of the bonds and series of bonds issued by said city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers with all the qualities of commercial papers, and said Mayor and Councilman of said city are hereby authorized to negotiate and sell any of said bonds or series of bonds when sold shall only be applied to the purpose or purposes for which they were respectively issued. All of said bonds, when issued, shall be signed by the Mayor and Clerk of said city. Ordinance or Resolution Prior to Bond Issue Section 112. Be it further enacted, that whenever any bonds are issued by said town, it shall be the duty of the Mayor and Councilmen of said city to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity. Sinking Fund Section 113. Be it further enacted, that the Mayor and Councilmen of said city shall have power and authority, when necessary to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of said city, as may be provided by special resolution or ordinances for that purpose. Power to Borrow Money Section 114. Be it further enacted, that said town, by and through its Mayor and Council, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue producing projects and systems to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the service, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities and to do all the things and acts authorized

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by the Revenue Anticipation Law of 1937 of this State, and Acts amendatory thereof. Revenue Producing Projects Section 115. Be it further enacted, that all ordinances heretofore adopted by the Mayor and Councilmen of the City of Blairsville, and which are now in force and which are not inconstistent with nor repugnane to this Act, and not in conflict with the Constitution of the State of Georgia or he Constitution of the United States, shall remain in full force and effect, provided, that said Mayor and Councilmen of said Cty of Blairsville may at any time repeal, alter or amend any of said ordinances. Pre-existing Ordinances Section 116. Be it further amended, that all Acts of the General Assembly of Georgia heretofore passed, incorporating the City of Blairsville, and all amendments thereto and conferring powers on same, are hereby consolidated into and surseded by this Act, and all provisions of former acts which are inconsistent with this Act are hereby repealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Consolidation of Acts Section 117. Be it further enacted, that the Mayor and Council of said City shall have the power and authority to sell any property belonging to said town and which shall become unnecessary and useless for said city purposes, and to make a good and sufficient title to the purchaser. However, in the sale of such property by the city the following precedure shall be followed: Before any such property shall be sold a resolution shall be passed and adopted by the Mayor and Council either in regular or special session which resolution shall state that the property proposed to be sold is no longer necessary or useful for city purposes, and that it is expedient and beneficial to the city that the same be disposed of. Said property shall be sold only at public outcry to the highest bidder for cash on the regular sales day on which Sheriff's sales are held and after advertisement of said sale once a week for four weeks in the newspaper of said county in which the Sheriff's advertisements appear. Such sale shall be at the place and during the hours of Sheriff's

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sales in said County and the procedure of such sales shall be the same as provided for sales of property by a Sheriff. Power to Sell City Property Procedure Section 118. All matters not provided for in this Charter shall be governed by the provisions of Title 69, Code of Georgia, 1933. Effect of Ga. Code Title 69 Section 119. Be it further enacted, that in the event any article, section, paragraph or provision or provisions of this Act, in whole or in part, or any isolated portion of this Act, or any provisions herein contained, shall be declared illegal by acourt of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of the remaining part, unless expressly so held by a court of competent jurisdiction. In the event the General Assembly shall have granted herein to the City of Blairsville any powers or authorities in excess of any such permitted by the Constitution and Laws of Georgia, or the United States, then such powers or authorities given shall be construed to extend just so far as possible as not to exceed the said authority of the General Assembly. Invalidity of Part Section 120. Be it further enacted, that the provisions of this Charter shall become effective and in full force immediately upon being ratified by a majority of the voters voting in an election to be held as provided in Sections 69-101 to 69-104 Code of Georgia 1933. Effective Date Section 121. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved January 30, 1946. BRUNSWICK CITY CHARTER AMENDMENT No. 496 An Act to amend the charter of the City of Brunswick, Georgia; to confer certain additional powers therein named with respect to certain streets upon its City Commission; to ratify and confirm the action of said commission in the closing of certain streets in said city; to ratify and confirm the conveyance by said city to

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Hercules Powder Company of certain streets heretofore closed and of other real property; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, to-wit: Section 1. That at any time after the passage of this Act the City of Brunswick, a municipal corporation, acting by and through its City Commission, shall have the right and authority to close the following streets or portions of streets in the City of Brunswick, Glynn County, Georgia, as identified and described according to the well-known maps and the plan of said City, to-wit: Authority to Close Streets (a) That portion of Carrie Street in Montpelier Subdivision which lies between the Southern line of Kaiser Avenue and the Northern line of Hopkins Avenue. (b) All or any portion of that certain unnamed Street identified on said City maps as 75' St., which lies Northerly and adjacent to the tract identified upon said maps as J. W. Wells Lbr. Co. and its Easterly limit being low water mark on Dupree's Creek, and being Southerly and adjacent to tract identified upon said maps as City of Bwk. (c) All or any part of those certain unnamed streets shown on said maps as lying between Montpelier Subdivision lots 40 and 41, 18 and 19, and Southeasterly and Easterly and adjacent to Montpelier Subdivision Lot 19, and Easterly and adjacent to Montpelier Subdivision Lot 20. (d) That portion of Wolf Street, which lies between the Northerly line of First Street and the Southerly line of Second Street. Section 2. That the action of the City Commission of said City, taken at a lawful meeting of said Commission held on December 19, 1945, in closing all those streets or portions of streets which are shown upon recent maps of said City as lying within the tract of land well known as the Mitchell and Jones Tract, including Ratification of Acts of City Commission those portions of Habersham Street, Davis Street, Cleborn

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or Cleburne Street, Bartow Street, Johnson Street, Gordon Street, Lee Street, Stonewall Street, Q Street, R. Street and S Street which lie within the limits of said Mitchell and Jones Tract, if such portions of said streets ever existed in fact, and such portions of Stonewall Street and Lee Street as are embraced within the tract of land containing 2.6 acres, described in Section 3 hereof be and the same is hereby ratified, affirmed and confirmed in each and every respect. Section 3. That the action of the City Commission of said City, taken pursuant to a resolution adopted at a lawful meeting of said Commission held on December 19, 1945, in executing and delivering to Hercules Powder Company, a Delaware corporation, having an office and place of business in said City, a limited warrantly deed dated December 19, 1945, which has been or shortly will be recorded in the office of the Clerk of the Superior Court of Glynn County, Georgia, conveying to said Company: (a) All of said City's right, title, interest, equity, claim and demand in and to the following described real property, to-wit: All those streets or portions of streets in the north-easterly section of said City, which according to recent maps and the plan of said City, lie east of Cochran Avenue within the Mitchell and Jones Tract, and including (but not by specification limiting the generality of this description) the following streets and portions of streets lying within said Tract, to-wit: Habersham Street from the Hughes line of the Town Commons of said City, as relocated by F. J. Torras, Civil Engineer, on May 1, 1942, (hereinafter in this description referred to as the Hughes line of the Town Commons) on the south to the Roswell King line of the Town Commons (hereinafter referred to as the King line of the Town Commons) on the north; Davis Street from the Hughes line of the Town Commons on the south to the King line of the Town Commons on the north; Cleborn (or Cleburne) Street from the Hughes line of the Town Commons on the south to the King line

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of the Town Commons on the north; Bartow Street from the Hughes line of the Town Commons on the south to the King line of the Town Commons on the north; Johnson Street from the Hughes line of the Town Commons on the south to the King line of the Town Commons on the north; Gordon Street from the Hughes line of the Town Commons on the south to the King line of the Town Commons on the north; Lee Street from the Hughes line of the Town Commons on the south to the King line of the Town Commons on the north ; Stonewall Street from the Hughes line of the Town Commons on the South to the King line of the Town Commons on the north; Q Street from the Hughes line of the town Commons on the Couthwest to as far as said Street runs within said Tract on the east; R Street from the northeastern line of Evansville Subdivision on the Southwest to as far as said Street runs within said Tract on the east, and S Street from Cochran Avenue on the west to as far as said Street runs within said Tract on the east; and (b) the following described real property to wit: Ratification of Conveyance by City Commission That certain lot, tract or parcel of land in said City containing 2.6 acres more or less, and having the following courses, distances and admeasurements around the same, to-wit: beginning at the point of intersection of the eastern line of Cochran Avenue and the Hughes line of the Town Commons, and from said beginning point running in a southerly direction along said eastern line of Cochran Avenue a distance of 363.7 feet to the point of intersection of said eastern line of Cochran Avenue and the northern line of R. Street; thence running in an easterly direction along said northern [Illegible Text] of R. Street a distance of 380 feet; thence running in a northerly direction at right angles to said northern line of R Street a distance of 75 feet; thence running in an easterly direction at right angles to the last described

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line a distance of 113.13 feet to the point of intersection of said line and a line paralled with and 50 feet westerly from the center line of the abandoned right-of-way formerly of the Georgia Coast Piedmont Railroad Company; thence running in a northeasterly direction along a line parallel with and distant 50 freet from the center line of said abandoned right-of-way a distance of 46.84 feet to the Hughes line of the Town Commons and thence running in a northwesterly direction along said Hughes line of the Town Commons a distance of 573.14 feet to the beginning point. Said tract of land embraces the following Town Commons lots or parts of lots, to-wit: whole lots numbers 181, 183 and 185, and fractional lots numbers 187 and 189 between Cochran Avenue and Stonewall Street and the western one-half of whole lot number 181 and fractional lots numbers 183 and 185 between Stonewall Street and Lee Street, and the following portions of streets, to wit: Stonewall Street from the northern line of R Street to the Hughes line of the Town Commons and that portion of Lee Street which lies between the eastern line of said Town Commons lot number 183, being a fractional lot, on the west, the Hughes line of the Town Commons on the northeast and a line parallel with and distant 50 feet from the center line of said abandoned right-of-way on the southeast. without advertising for bids therefor and upon the conditions set out in said conveyance, and in exchange for a conveyance from Hercules Powder Company, a corporation as aforesaid, to said City dated December 26, 1945, conveying the following described real property in the City of Brunswick, to-wit: That certain lot, tract or parcel of land, triangular in shape, containing 1.5 acres more or less, and having the following courses, distances and admeasurements around the same, to-wit: beginning at the point of intersection of the northern line of the Mitchell and Jones Tract (said line being the Roswell King line of the Town Commons of said City) and the western line of Cochran Avenue extended northerly to its intersection with said Town Commons line, and from said beginning

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point running in a westerly direction along said 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 and the Hughes line of the Town Commons of said City, as relocated by F. J. Torras, Civil Engineer, in May, 1942; thence running in a southeasterly direction along said Hughes line of the Town Commons a distance of 583.2 feet, more or less, to the point of intersection of said line and the western line of Cochran Avenue, and thence running in a northerly direction along said western line of Cochran Avenue extended northerly a distance of 252.6 feet, more or less, to the beginning point. Said tract of land is all of that portion of the Mitchell and Jones Tract which lies west of Cochran Avenue extended in a northerly direction. Also all that certain lot, tract or parcel of land 25 feet in width and 673.95 feet, more or less, in length lying adjacent to and immediately west of the right-of-way formerly of Georgia Coast Piedmont Railroad Company, now abandoned, through said Mitchell and Jones Tract and having the following courses, distances and admeasurements around the same, to-wit: beginning at the point of intersection of the western line of said abandoned right-of-way and the northern line of said Mitchell and Jones Tract, and from said beginning point running in a southwesterly direction along said western line of said abandoned right-of-way a distance of 673.95 feet, more or less, to the intersection of said line with said Hughes line of the Town Commons; thence running in a northwesterly direction along said Hughes line of the Town Commons a distance of 25.07 feet; thence running in a northeasterly direction along a line parallel with and distant 50 feet from the center line of said abandoned right-of-way a distance of 661.41 feet, more or less, to said northern line of said Mitchell and Jones Tract, and thence running in an easterly direction along said northern line of said Mitchell and Jones Tract a distance of 28.9 feet, more or less, to the beginning point. Additional Tract

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And also all that certain lot, tract, or parcel of land 25 feet in width and 443.98 feet, more or less, in length lying adjacent to and immediately east of said abandoned right-of-way of Georgia Coast Piedmont Railroad Company through the Mitchell and Jones Tract and having the following courses, distances and admeasurements around the same, to-wit: beginning at the point of intersection of the eastern line of said abandoned right-of-way and the northern line of the Mitchell and Jones Tract, and from said beginning point running in a southwesterly direction along said eastern line of said abandoned right-of-way a distance of 443.98 feet, more or less, to the intersection of said line and the northern line of Evansville Subdivision; thence running southeasterly along said northern line of said Evansville Subdivision a distance of 25.07 feet; thence running in a northeasterly direction along a line parallel with and distance 50 feet from the center line of said abandoned right-of-way a distance of 456.52 feet, more or less, to the intersection of said line and said northern line of said Mitchell and Jones Tract, and thence running in a westerly direction along said northern line of said Mitchell and Jones Tract a distance of 28.9 feet, more or less, to the beginning point: be and the same is hereby ratified, approved and confirmed in each and every respect. Section 4. That attached hereto and made a part hereof as required by the Constitution of the State of Georgia, now of force is the certificate of C. H. Leavy, Editor of The Brunswick News, the legal organ of Glynn County, Georgia, in which County the City of Brunswick is located, certifying that the Notice of Intention to Apply for Local Legislation, a copy of which is attached to said certificate, was published in behalf of said City on December 20 and 27, 1945, and on January 3, 1946. Certificate Attached Section 5. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved January 30, 1946.

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CEDARTOWN CITY CHARTER AMENDMENT No. 506 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, by striking Section 1-A and 2 of said Act as amended, and inserting in lieu of said Section 1-A, a new section numbered 1-B, fixing and defining the corporate limits of the City of Cedartown and extending same so as to include territories annexed upon petition of two-thirds of the taxpayers of such territories annexed, and by providing a method by which the city limits of said city may be hereafter extended, and by providing a method by which any part of the territory inside said city limits may be hereafter excluded, and by inserting in lieu of said Section 2, a new section numbered 2-B, fixing and defining the various wards of said city and the territories embraced therein; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. Section 1. That an Act approved 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, be, and the same are hereby, amended, by striking therefrom all of Section 1-A of said Act approved March 29, 1937, and inserting in lieu of said section, a new section numbered 1-B, fixing and defining the corporate limits of the City of Cedartown, and extending same so as to include territories annexed upon petition of two-thirds of the taxpayers of such territories annexed, as follows: Ga. L. 1937 Amended Section 1-B. The corporate limits of the City of Cedartown, in the County of Polk, shall extend to and embrace all the following territories referred to as Territory No. 1, Territory No. 2, Territory No. 3, and Territory No. 4, to wit: Territory No. 1 shall extend to and embrace all the territory within the limits of a circle,

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the center of which shall be a point in the center of Main Street in said City, where the center of Main Street is intersected by the prolongation eastwardly of the center line of West Avenue in said City, which circle shall be described with said points as the center thereof and with a radius of one mile, so that the line marking the limits of said Territory No. 1 shall be in the form of a circle, every point on which shall be one mile distant from the center point above described. Territory No. 2 is the territory heretofore annexed to and included within the city limits of the City of Cedartown by the Mayor and Council of said city, upon the petition of Goodyear Clearwater Mills and others and ratified by Act of the General Assembly of Georgia, approved August 9, 1929 (Georgia Laws 1929, page 939), which said Territory No. 2 contains approximately thirty-four (34) acres and is situated on the west side of and adjacent to said Territory No. 1, and is particularly described as follows: Commencing at a point where the western boundary of said Territory No. 1 intersects with the south line of said West Avenue; running thence west along the south line of West Avenue and along the prolongation west of the south line of West Avenue a distance of eight hundred thirty-two (832) feet to an iron pipe set one hundred sixty-two (162) feet west of the west line of Seventh Street. running thence north at right angles with said prolongation west of the south line of West Avenue, two thousand one hundred twenty-two and seven-tenths (2,122.7) feet to an iron pipe; running thence S. 89 degrees 21 minutes E. twelve hundred seventy (1270) feet to the circle describing said Territory No. 1; running thence in a southwesterly direction on a curve with a radius of five thousand two hundred eighty (5,280) feet to the point of beginning. Said Territory No. 2 is a part of land lots numbers seven hundred seventy-eight (778), seven hundred seventy-nine (779) and eight hundred six (806), in the Second District and Fourth Section of Polk County, Georgia. Territory No. 3 is a territory containing approximately fifteen (15) acres situated

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south of and adjacent to said Territory No. 1, which said Territory No. 3 was annexed and included within the city limits of said city by the City Commission thereof, upon petition of two-thirds of the taxpayers of said Territory No. 3. Said Territory No. 3 is particularly described as follows: Beginning at a point where the southern boundary of said Territory No. 1 is intersected by the west line of the right-of-way of Georgia State Highway No. 1, and running thence southwardly along the west line of said right-of-way a distance of two thousand seven hundred fourteen (2,714) feet; running thence S. 84 degrees E. a distance of five hundred forty-eight (548) feet and to the west line of the right-of-way of the Central of Georgia Railway Company; running thence northwardly along the west line of said railway right-of-way to a point where same intersects the southern boundary line of said Territory No. 1; running thence in a westerly direction on a curve with a radius of five thousand two hundred eighty (5,280) feet to the point of beginning. Territory No. 4 is a territory containing approximately one hundred (100) acres situated west of and adjacent to said Territory No. 1, which said Territory No. 4 was annexed and included within the city limits of said city by the City Commission thereof, upon petition of two-thirds of the taxpayers of said Territory No. 4. Said Territory No. 4 is particularly described as follows: Beginning at a point where the southwestern boundary line of said Territory No. 1 is intersected by the south line of Atlanta Street; running thence S. 87 degrees 30 minutes W. a distance of two hundred fifteen (215) feet and to the southeast corner of the intersection of Atlanta Street and State Highway No. 6; continuing thence S. 87 degrees 30 minutes W. to the southwest corner of the intersection of State Highway No. 6 and the Prior Station Public Road; running thence S. 87 degrees 30 minutes W. along the south line of said Prior Station Public Road a distance of two thousand four hundred sixty-one and one-half (2,461) feet, running thence S. 2 degrees 30 minutes E. a distance of

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two thousand two and one-half (2002) feet; running thence N. 87 degrees 30 minutes E. to the right-of-way of State Highway No. 6; running thence in a southeasterly direction across the right-of-way of State Highway No. 6 a distance of one-hundred twenty-six (126) feet to a point marked by a concrete post set in the east line of the right-of-way of State Highway No. 6; running thence S. 51 degrees 50 minutes E. a distance of two hundred ninety (290) feet to a concrete post set in the west line of the right-of-way of the Seaboard Air Line Railway Company; running thence in a northeasterly direction along the west line of said railway company right-of-way to said circle describing said Territory No. 1; running thence in a northerly direction on a curve with a radius of five thousand two hundred eight (5,280) feet to the point of beginning. From and after the passage and approval of this Act, upon petition to the City Commission of said city, signed by two-thirds of the taxpayers of any territory lying adjacent to said city limits, requesting that such territory be annexed and included in said city limits, the City Commission shall, by resolution, annex and include such territory in said city limits, but such action by the City Commission shall not become operative unless and until same is ratified by Act of the General Assembly of Georgia. From and after the passage and approval of this Act, any part of the territory inside said city limits, or which may hereafter be annexed thereto and included therein, shall be excluded therefrom, by a two-thirds vote of the qualified voters of said city voting at a special election called for that purpose, said election to be called by the City Commission of said city and notice thereof given to the public by publication once a week for four consecutive weeks, in the newspaper in which the Sheriff's legal advertisements for Polk County, Georgia, are published, the last of such publications to appear in such newspaper at least ten days before such election for said purpose is held; provided, however, that no such territory shall be excluded from said city limits unless and until such action

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shall be ratified by act of the General Assembly of Georgia. Corporate Limits Defined Annexation of Territory Section 2. Be it further enacted by the authority aforesaid, that said Act approved March 29, 1937, and all Acts amendatory thereof, be and the same are hereby, amended, by striking Section 2 of said Act approved March 29, 1937, and inserting in lieu thereof, a new section numbered 2-B, fixing and defining the various wards of the City of Cedartown, in the County of Polk, and the territories embraced in such wards, as follows: Wards The said City of Cedartown shall be divided into four (4) wards as follows: Ward No. 1 shall include Territory No. 2 as described in Section 1 of this act, and shall be bounded as follows: Beginning at a point where the south line of West Avenue itersects the west line of College Street; running thence westwardly along the south line of West Avenue and along the prolongation westwardly thereof to a point eight hundred thirty-two feet west of the boundary line of the circle forming Territory No. 1 as described in Section 1 of this Act; running thence at right angles with said prolongation westwardly of the south line of West Avenue a distance of two thousand one hundred twenty-two and seven-tenths (2,122.7) feet; running thence S. 89 degrees 21 minutes E. a distance of twelve hundred seventy (1,270) feet to the line forming said circle; running thence north and east along said circle and on a curve with a radius of five thousand two hundred eighty (5,280) feet to a point where the prolongation northwardly of the west line of College Street intersects the line forming said circle; running thence southwardly along said prolongation of College Street and along the west line of College Street to the point of beginning. Ward No. 2 shall include Territory No. 4 as described in Section 1 of this Act, and shall be bounded as follows: Beginning at a point in the west line of Main Street where the west line of Main Street is intersected by the south line of West Avenue; running thence in a westerly direction along the south line of West Avenue to the western boundary line of the circle

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forming said Territory No. 1; running thence southwardly on a curve with a radius of five thousand two hundred eighty (5,280) feet to the south line of Atlanta Street; running thence S. 87 degrees 30 minutes W. a distance of two hundred fifteen (215) feet to the southeast corner of the intersection of Atlanta Street and State Highway No. 6; continuing thence S. 87 degrees 30 minutes W. to the southwest corner of the intersection of State Highway No. 6 and the Prior Station Public Road; running thence S. 87 degrees 30 minutes W. along the south line of said Prior Station Public Road a distance of two thousand four hundred sixty-one and one-half (2,461) feet; running thence S. 2 degrees 30 minutes E. a distance of two thousand two and one-half (2,002) feet; running thence N. 87 degrees 30 minutes E. a distance of eight hundred and two-tenths (800.2) feet to the right-of-way of State Highway No. 6; running thence in a southeasterly direction across State Highway No. 6 to a point marked by a concrete post set in the east line of State Highway No. 6; running thence S. 51 degrees 50 minutes E. a distance of two hundred ninety (290) feet to a point marked by a concrete post set in the west line of the right-of-way of the Seaboard Air Line Company; running thence in a northeasterly direction along the west line of said railway company right-of-way to the curve describing the boundary line of said Territory No. 1; running thence south and east on a curve with a radius of five thousand two hundred eighty (5,280) feet to a point where the west line of Main Street intersects the circle describing said Territory No. 1; running thence northwardly along the west line of Main Street to the point of beginning. Ward No. 3 shall include Territory No. 3 as described in Section 1 of this Act, and shall be bounded as follows: Beginning at a point in the west line of Main Street where the west line of Main Street is intersected by the prolongation westwardly of the center line of Herbert Street; running thence southwardly along the west side of Main Street to the intersection of the west line of Main Street with the circle forming said Territory No. 1; running thence southwardly

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along the west line of State Highway No. 1 a distance of two thousand seven hundred fourteen (2,714) feet; running thence S. 84 degrees E. a distance of five hundred forty-eight (548) feet and to the west line of the right-of-way of the Central of Georgia Railway Company; running thence in a northerly direction along the west line of the right-of-way of said railway company to a point where same is intersected by the circle describing Territory No. 1 as described in this Act; running thence east and north along a curve with a radius of five thousand two hundred eighty (5,280) feet to a point where said circle is intersected by the prolongation eastwardly of the center line of Herbert Street; running thence westwardly along said prolongation of the center line of Herbert Street and along the center line of Herbert Street and along the extension westwardly thereof to the point of beginning. Ward No. 4 shall be bounded as follows: Beginning at a point in the west line of Main Street where the west line of Main Street is intersected by the prolongation of the center line of Herbert Street; running thence southwardly along the west line of Main Street to a point where the west line of Main Street intersects the south line of West Avenue; running thence westwardly along the south line of West Avenue to a point where the south line of West Avenue is intersected by the west line of College Street; running thence northwardly along the prolongation southwardly of the west line of College Street and along the west line of College Street and along the prolongation northwardly of the west line of College Street to a point where the west line of College Street intersects the present city limits (which is also the north line of the circle describing said Territory No. 1); running thence east and south on a curve with a radius of five thousand two hundred eighty (5,280) feet to a point where said curve is intersected by the extension eastwardly of the center line of Herbert Street; running thence westwardly along and prolongation eastwardly of the center line of Herbert Street and along the center line of Herbert Street and

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extension westwardly thereof, to the point of beginning. Section 3. Be is 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 January 30, 1946. CHAMBLEE CITY CHARTER AMENDMENT No. 474 An Act to amend an act creating a new charter for the City of Chamblee, so as to authorize said municipality to enact zoning and planning ordinances, and to district and zone the territory within said municipality for various uses and to prohibit other or different uses therein, and to regulate the uses therein, and to regulate the uses for which such districts may be set apart, and to regulate plans for development and improvement of real estate therein; to provide means for enforcing said ordinances and regulations; and for other purposes. Be it enacted by authority of the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the act approved March 28, 1935, found in the published Acts of the General Assembly of Georgia of 1935, pages 976 to 994, inclusive, creating a new charter for the City of Chamblee be, and the same is, hereby amended by striking and repealing Section 27 of Article One (1) of said Act, which reads as follows: Ga. L. 1935 PP. 976-994 Amended Section 27. Said municipality shall have authority to adopt such reasonable ordinances in the nature of `City Planning and Zoning ordinances' as are conducive to the public good and safety, all of which powers shall be exercised in conformity to the Constitution and general laws of this State, and enacting in lieu thereof a new section 27 which shall read as follows: Section 27. Said municipality, acting through its Mayor and Council, shall have authority to pass zoning and planning laws and ordinances, and to zone and

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district the territory within said municipality for the purpose of prescribing and regulating the uses that real property within said districts and zones may be devoted to. It shall have the right to prohibit other or different uses of such property within such zones or districts. It shall have the right to regulate plans for development and improvement of real estate within the corporate limits. It shall have authority to enact by ordinances and resolutions the necessary provisions for carrying into effect and enforcing the powers herein conferred, including the infliction of penalties for violations. It shall have the right to alter and amend all such ordinances, resolutions, and regulations from time to time, as might be proper, including the right to re-zone, redistrict, and to change properties from one zone or district or classification to another. Authority to Pass Zoning Laws Section 2. Be is further enacted by the authority aforesaid, that before any ordinance or resolution is passed zoning, districting, or restricting the use of any property, or changing the status of any when once fixed, the governing body shall publish a notice of its intention to act in respect thereto at a designated time and place to be stated in the published notice. Said notice shall be published once each week for two consecutive weeks immediately before the meeting designated, and in the newspaper published in the county where said municipality is situated and wherein the sheriff's advertisements are published. It shall afford ample opportunity to interested persons to be heard both for and against the proposed action. Said meeting may be adjourned from day to day, and from time to time, and said matter may be carried over from meeting to meeting until regularly and duly heard and disposed of. The action of the governing body shall be final, but any interested person feeling himhelf injured or damaged thereby shall have the right of certiorari to the superior court of said county, to be used out and disposed of under general laws regulating the practice on certiorari. Notice

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Section 3. That all laws and parts of laws in conflict herewith be, and are, hereby repealed. Approved January 30, 1946. CHAMBLEE CITY CHARTER AMENDMENT No. 503 An Act to amend an Act creating a new charter for the City of Chamblee, so as to authorize the Mayor and Council of said municipality to grade, regrade, pave, repave, build, rebuild, or otherwise improve sidewalks within the corporate limits of said municipality, and to make assessments against the abutting real estate and the owners thereof for the costs of such improvements, and the expenses incident thereto, and to provide for the payment of the same, and for other purposes. Be it enacted by authority of 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 28, 1935, found in the published Acts of the General Assembly of Georgia of 1935, pages 976 to 994, inclusive, creating a new charter for the City of Chamblee, in the county of DeKalb, and all Acts amendatory thereof, be, and the same are, hereby amended by adding to Section 17 of Article 1 of said Act of 1935, the following: Ga. L. PP. 976-994 Amended The Mayor and Council shall, however, have authority to grade, regrade, pave, repave, build, rebuild, or otherwise improve sidewalks within the corporate limits of said municipality along the public roads, streets, and thoroughfares therein without being under any duty to repair, or maintain, or improve any portion of such streets, roads, highways, or thoroughfares not occupied by sidewalks but devoted to vehicular traffic, so that said section, when amended, shall read as follows: Authority to Improve Sidewalks Section 17. The maintenance of the public streets, roads, lanes, and highways in said municipality which constitute a part of the public roads, streets, or highways of the State Highway Department, or of the county

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in which said municipality is located, shall not devolve upon said municipality until such time as the same may be authorized by a future express legislative enactment, expressly declaring it to be one of the duties of said municipality to maintain such roads, streets, or highways. Said municipality shall have the power and authority however to police and patrol so much of said streets, lanes, roads and highways as are located within the corporate limits of said municipality, regulate the speed and uses of said streets, roads, lanes and highways, preserve good order thereon, and protect life, limb and property thereon. Said municipality shall have power to open, use, and extend its jurisdiction over all lanes, streets, roads and highways therein as are not a part of the public system of roads, streets, and highways of the State, State Highway Department, or county, as aforesaid, and to make all reasonable and necessary rules, ordinances and resolutions respecting the same and their control and uses. The Mayor and Council shall, however, have authority to grade, regrade, pave, repave, build, rebuild, or otherwise improve sidewalks within the corporate limits of the municipality along the public roads, streets, and thoroughfares therein without being under any duty to repair or maintain or improve any of that portion of such streets, roads, highways, or thoroughfares not occupied by sidewalks but devoted to vehicular traffic. Section 2. Be it further enacted by the authority aforesaid, that whenever the governing body of said municipality shall deem it necessary to grade, regrade pave, repave, build, rebuild, or otherwise improve any sidewalk as above provided, and the expense thereof cannot be paid from general current funds of the year, or in the discretion of said body should not be so paid, said governing body may by ordinance or resolution declare such improvement necessary to be done, and publish such resolution once a week for two weeks, consecutively, in the newspaper in which the sheriff's advertisements in the county in which said municipality is located are published, and therein give notice of the intention to assess the

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costs and expenses of said improvement as herein provided, and if the owners of a majority of the lineal feet of frontage of the lands abbutting on said sidewalk shall not within fifteen (15) days after date of publication of the last issue of said newspaper carrying advertisement of said resolution file with either the Mayor or the Clerk of said municipality their protest in writing, protesting against said improvement, said governing body shall have authority to cause said improvement to be made, and to contract therefor, and to make assessments and fix liens as provided for herein. Provided, however, that if the owners of a majority of the lineal feet of frontage of the land liable to assessment for such improvements shall petition the governing body, and therein make reference to this provision of this Act, and designate by general description the improvement to be undertaken, and designate the roads or streets or highways along which same to be located, and between what points, and designate the side or sides of roads, streets, or highways along which same to be made, it shall then be the duty of the governing body to proceed, as hereinafter provided to cause said improvement to be made in accordance with the prayers of said petition and their own best judgment, and in such cases it shall not be necessary to pass the resolution or ordinance herein before mentioned. The petition shall be lodged with the Clerk of the municipality who shall investigate the sufficiency thereof and submit the same to the governing body, and certify the result of his investigation. Notice Protest Petition Section 3. Be it further enacted by the authority aforesaid, that each lot or parcel of land abutting upon said sidewalk shall be charged on a basis of lineal foot frontage with an equal rate per foot of frontage with its just pro rata of the entire cost of said improvement; provided however that the cost of said sidewalks shall be charged entirely to the lots or parcels of land abutting upon the sides of the streets, roads, or highways upon which the same are located. Charge on Abutting Land Section 4. Be it further enacted by the authority aforesaid, that whenever the petition provided for in Section

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two (2) of this Act is presented, or whenever said governing body shall have determined to make any improvement and assess the costs or any part thereof against property, and shall have passed the ordinance or resolution provided for in Section two (2) of this Act, and if the owners of the required frontage necessary for defeating the plan fail to act within the time required, the said governing body shall then have the power to enact all necessary ordinances and resolutions, and to establish all rules and regulations that may be necessary to require the owners of all the property abutting on the improvement to pay the costs of such improvement, and to cause to be installed and laid under said sidewalks all necesary water, gas, or sewerpipe connections to connect with existing or future water, gas or sewer lines, under or adjacent to the improvement, to the end that future disturbing of sidewalks may be avoided as nearly as possible, and the costs and expenses incident to same taxed against the property to be served thereby, and its owner, and the same shall be included in the assessment for sidewalk improvements chargeable to the owner and the property as aforesaid. Ordinances and Resolutions Pipe Connections Section 5. Be it further enacted by the authority aforesaid, that after expiration of the time for objection or protest upon the part of the property owners, if no sufficient protests are filed, or upon receipt of a petition for such improvements signed by owners of a majority of the land to be assessed on the frontage basis as aforesaid, if such petition be found to be in proper form and duly executed and signed by the required number of owners of frontage, as aforesaid, the governing body shall adopt a resolution reciting that a protest was not filed by the required and necessary owners of frontage, or the filing of such petition, as the case may be, and express the determinationu of the governing body to proceed with the said improvement, stating the kind of improvement, and the extent and character of the same, and all other such matters as may be necessary to furnish full and sufficient information to all persons interested. Said resolution or ordinance shall set forth all reasonable

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terms and conditions as said body shall deem necessary to impose with reference to the letting of the contract and the provisions thereof. It shall be within the discretion of the governing body to require the contractor to execute a bond as provided in the Act of August 19, 1916, entitled Contractors of Public Work Bond, and may require a bond in an amount to be stated in said resolution or ordinance for maintenance in good condition for a period of five (5) years from completion, or both, in the discretion of said body. Said resolution or ordinance shall provide for advertising for sealed proposals for furnishing the labor and materials and performing the work necessary in making said improvements. The notice of such proposals shall be published in at least two consecutive issues of a daily newspaper having a general circulation in the municipality, or in at least two consecutive weekly issues of the newspaper in which sheriff's advertisements in the county wherein said municipality is located are published, or both, in the discretion of said body, and in addition thereto, contractors may, in the discretion of said body, be directly approached and invited to submit bids. It shall be the duty to of said governing body to cause specifications and details of the proposed improvements to be made up and kept on file by the time said notice is published, and copies thereof furnished to all prospective bidders who may request them. Said published notice shall state what bond the contractor will be required to furnish, and shall state the time and place when and where said proposals shall be filed, and the time and place when and where the same will be considered. The governing body shall, at the time and place specified, unless prevented for good cause, examine all bids and award the contract to the lowest and best bidder. Said body shall have the right to reject any and all bids, and to readvertise for other bids, as often as may be necessary, whenever bids submitted are not, in the judgment of the governing body, satisfactory. Waiver Notice Section 6. Be it further enacted by the authority aforesaid, that after the contract is let, the governing body shall proceed to ascertain all expenses incurred by the

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municipality incident to said improvements which are not to be paid by it from general current funds, and shall apportion said expenses among the owners of the properties abutting upon said improvement upon a basis of lineal front footage,and shall include the just pro rata part of said expenses owed by each with the pro rata part of the contract price for the said improvement. When said expenses have been ascertained, the governing body shall designate a regular meeting of their body for hearing any and all complaints or objections they may be made respecting assessment of expenses and assessment of cost of said improvements. Notice of said meeting may be given personally or by mail, and shall be given at least five (5) days before said designated meeting date,and to persons against whom assessments are made, and their property. Said notices may be given by the Clerk, or by the Marshal, or by any other officer directed by said body. If mailed, the same may be directed to the last known address of the property owner, and such mailing of notice in the United States mails shall be sufficient. Appearance at said meeting by any owner of property assessed, or owner of any interest therein, personally or by authorized agent or attorney, shall be sufficient to render unnecessary any other or additional notice as to him. The governing body shall at said designated meeting proceed to review and correct said appraisements, apportionments, and assessments, as the facts may require, and to hear and determine all objections. The said body shall by ordinance or resolution fix the assessments in accordance with its actions taken at said meeting, and against the several tracts of land liable therefor. If unable to obtain a quorum at the designated meeting, or to complete and finally determine said matters at such meeting, the body shall be authorized to meet from day to day thereafter, or to remain in session from day to day, or to adjourn from time to time, as may be announced at the time and place of each meeting, until said matters are finally determined. Said body shall have authority to prescribe by said ordinance or resolution the rate of interest assessments shall bear, not exceeding the legal

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rate of interest, and shall also provide whether the said assessments are to be paid in cash or in installments. Said assessments shall, for the purpose of fixing liability for interest, and for making such initial cash payment as the governing body may require, and for electing to pay a portion in installments, when payment in installments provided for in the resolution or ordinance, become due thirty (30) days from the passage of the final resolution or ordinance herein provided for. The governing body shall, however, have authority to direct that those who desire to pay in installments may within thirty (30) days from the passage of said ordinance or resolution, pay the amount of cash installment required, and the remainder in equal annual installments, with interest. The body shall require the remainder to be paid within four (4) years from the date said election is required to be made. Said body may also provide for the taking of notes for deferred installments, which notes may be made payable either to the municipality or to the contractor, as the body may direct. It shall be lawful to provide in said note or in said ordinance or resolution, that if any installment become due and remain unpaid that the whole remaining balance may, at option of the governing body, if no notes taken, or at option of the holder of the notes, if notes taken become due and payable forthwith. The municipality shall have the right and power to assign or otherwise transfer said notes for the purpose of financing said improvements, but it shall not by reason of any assignment or endorsement of such notes assume any financial responsibility for payment of the debt represented thereby, other than to exercise the authority given by law, and by this Act, for the enforcement of said notes and said assessments for the use and benefit of the parties at interest. Apportionment of Expenses Meeting Payment of Assessments Transfer of Notes Section 7. Be it further enacted by the authority aforesaid, that such special assessments and each installment thereof, and the interest thereon, and the expenses incident to collection, are hereby declared to constitute a lien against the lots and tracts of land so assessed, each tract being liable only for its just proportion ascertained

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as aforesaid, from the date of the resolution or ordinance levying the same, co-equal with the lien of taxes and prior to and superior to all other liens against such lots or tracts. Each such lien shall continue until seven years past due as respects each installment, and in the event an installment shall become seven years past due and no execution issue thereon and be placed upon the general execution docket of the county in which said municipality is located, the lien for the amount of such assessment or assessments as shall be seven years past due, and execution issued and recorded as aforeaid shall be lost, and no execution for the enforcement of such barred installment shall issue or be enforced. All executions which shall issue within seven years from the time the amounts thereby sought to be enforced became due and placed upon the general execution docket of said county within said time shall be kept alive and enforced and revived by the same facts and conditions and circumstances as executions issued upon common law judgments are kept alive and enforced and revived. The liens for said assessments shall be enforced by levy and sale in the same manner as liens due the municipality are enforced. Lien of Assessment Execution Section 8. Be it further enacted by the authority aforesaid, that the assessments provided for herein shall be payable to the City of Chamblee, and the funds derived therefrom shall be kept as a special fund or account for the purpose of defraying the cost and expenses of said improvements. Special Fund Section 9. Be it further enacted by the authority aforesaid, that execution may issue and be levied upon the property liable whenever any one installment, or more, is past due and unpaid. If a sale is had for the enforcement of one or more installments, the property shall remain liable for and subject to sale for the enforcement of any remaining unpaid installments of such assessment. All sales for the enforcement of said liens and executions shall be to the highest and best bidder for cash, at public outcry, and such sales shall vest absolute title in the purchasers, subject to remaining unpaid installments, with

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interest, and costs, and subject to the right of redemption as provided by law in cases of tax sales. Said municipality shall have the right to bid upon said properties, and to purchase the same at such sales, by bidding not exceeding the amount of the execution under which sold, plus costs, interest, and legally charged expenses, if no other equal bid is made by another who is willing and able to purchase the same on bid equal to said sum authorized to be bid by said municipality. The defendant in such execution, or any other person having an interest in the property levied upon, shall have the right to file an affidavit of illegality denying the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid before the affidavit is received, and the affidavit shall be received respecting the amount in dispute. All such affidavits shall set out in detail the reasons why the affiant claims the amount is not due, and, when received by the levying officer, he shall return it, together with the execution, to the superior court of the county in which the municipality is situated, and it shall be there tried and the issues determined as in cases of illegality, subject to all the pains and penalties provided for in other cases of illegality under the Code of Georgia. Levy of Execution. Affidavit of Illegality Section 10. Be it further enacted by the authority aforesaid, that no suit, or action of any kind shall be brought or sustained which has for its purpose the setting aside of any such assessment, or to enjoin the governing body from making or fixing or collecting the same, or for issuing executions, or contesting the validity of any of said acts on any grounds or for any reason other than the failure of the governing body to adopt or publish the preliminary resolution or ordinance provided for in Section two (2) of this Act, in cases requiring such resolution and publication thereof, or failure to give notice of the meeting for passing upon said assessments for costs and expenses, as herein provided for, unless such suit be commenced within thirty (30) days after passage of the ordinance or resolution making said assessment final; provided

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that in the event a special assessment shall be found to be invalid, or insufficient, in whole or in part, for any reason whatsoever, the said governing body may at any time, in the manner provided for making an original assessment, proceed to cause a new assessment to be made which shall have the same force and effect as an original assessment. Judicial Action Restricted Section 11. Be it further enacted by the authority aforesaid, that when ever the said municipality desires to pay any portion of the costs of making said improvements, and the expenses incident thereto, and is in position to pay same from current general funds, it shall be lawful to so do, and the remaining part shall be assessed against the abutting property and the owners thereof as hereinbefore provided. Payment from General Funds Section 12. Be it further enacted by the authority aforesaid, that the provisions made in the foregoing sections of this Act shall not be held and construed to provide an exclusive method or methods, but on the contrary shall be held and construed to provide alternative method or methods for doing the work and making the improvements and providing for payment. Methods not Exclusive Section 13. Be it further enacted by the authority aforesaid, that as a still further alternative method of making the improvements to sidewalks as contemplated by this Act, that whenever the said municipality has sufficient general current funds which it can legally expend upon such work and improvements, or can pay for some out of current revenues, and can do such work upon sidewalks as the governing body may deem necessary, and without necessity of making an assessment against abutting property, it shall be lawful for said municipality to make such improvements without advertising for competitive bids, and without letting the same upon competitive bid, and it may buy materials and hire labor and perform said work, if in the discretion of the governing body such method is more economical and practicable. Alternative Method Section 14. Be it further enacted by the authority aforesaid,

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that for the purposes of grading regarding, paving, repaving, building, rebuilding, or otherwise improving sidewalks within the corporate limits of said municipality, as specified in Section 17 as amended by this Act, and set out in Section One (1) of this Act, and under the restrictions of said Section 17 as amended by this Act, said municipality shall have authority to adopt the provisions of the Act of August 25, 1927, found in the Georgia Laws of 1927 at pages 321 and 325, inclusive, by complying with the provisions of said Act, and all Acts amendatory thereof, and, likewise, as an alternative method, proceed thereunder. Authority Under Act of 1927 Section 15. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be, and are, hereby repealed. Approved January 30, 1946. COLLEGE PARK CITY CHARTER AMENDMENT No. 489 An Act to amend an act entitled An Act to repeal all laws and amendments to laws heretofore passed, incorporate 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 establish rules and regulations governing the payment of pensions to full time officers and employees of the City of College Park (other than officers and employees excluded by this law); to define the persons entitled to pensions and benefits hereunder to define the terms, employee, probationary employee and average monthly salary or wage as used in this amendment; to create, define the jurisdiction of and provide for the personnel and the organization of the College Park Pen sion Board, to provide the method of selection of the elective members of said Board and for the qualification of the members of said Board to designate the officers of

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said Board and the manner of their election and to define their duties and require a bond to be given by the ex officio Secretary and Treasurer thereof; to provide for meetings of said Board, its records and the scope and effect thereof as evidence and for the payment of the expenses of the administration of the Pension System hereby created; to give the Pension Board hereby created power to make and enforce rules and regulations to define the scope and effect of the judgments rendered by said Pension Board and provide for the writ of certiorari therefrom to the Superior Court of Fulton County; to fix and provide the classes and amounts of pensions payable to officers and employees; to classify officers and employees of said city with respect to age, length of service, continuity of service, disability and the nature, extent, duration and cause of disability, condition of health, nature, extent and duration of such condition of health, and to provide pensions of retirement pay to various groups of officers and employees so classified depending on their classification and eligibility to receive pensions provided by this law; to provide the length of time during which pensions are payable hereunder; to limit the right to receive a disability pension to the period of continuance of disability and to provide for examination and inquiry from time to time into the physical condition of a pensioner retired for disability; to provide the procedure for determining by a proceeding before the Pension Board the physical condition of a person receiving a disability pension, the effect of a judgment of said Board on an issue regarding continuance of disability and to provide for the writ of certiorari therefrom; to require written reports of all injuries in line of duty sustained by officers and employees of said city, the contents thereof, the procedure for filing same and the effect on pension rights of failure to file same; to regulate, provide, for and require such physical, laboratory and X-ray examinations of probationary employees, employees injured in line of duty and persons hereafter employed by said city as the Mayor and Council may from time to time

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prescribe; to require written reports of such examinations and the use and effect thereof as evidence in future proceedings before the Pension Board; to provide for a Pension Fund and the method whereby it shall be established, accumulated, administered, invested and maintained; to require contributions and payments into said Pension Fund by officers and employees participating in the Pension System established by this law and to fix the amounts of such contributions, the times when they shall be paid and the method whereby they shall be deducted and paid into the Pension Fund; to require the annual payment into the Pension Fund by the Mayor and Council of sums to match the contributions to the Pension Fund by officers and employees; to provide for the guarantee by the Mayor and Council of the solvency of said Pension Fund and to require, if necessary, the levy of a tax by the Mayor and Council for said purposes; to provide for the continuance of pension rights and the payment of pensions to widows and minor children of officers and employees participating in the Pension Fund and making extra contributions for said purpose, and the amount of pensions payable to widows and minor children; to provide the qualifications to be met by widows and minor children before they may receive pensions from said fund; to provide for the designation of a beneficiary and change of beneficiary by persons electing to obtain pension benefits for their widows and minor children; to provide under various circumstances for the persons entitled to receive a pension payable to a designated beneficiary, the length of time that a beneficiary may continue to receive benefits hereunder and the method of making payments to minor children, and to provide that the interest of a widow or minor child in a pension shall cease upon such beneficiary's death; to authorize the Mayor and Council of said city to require retirement of an employee who is sixty-five (65) or more years of age with twenty-five (25) or more years or service; to authorize the Mayor and Council of said city to require

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retirement of an employee with ten (10) or more years of service who is physically disabled to perform his or her duties as an employee, and to provide the effect of such enforced retirement of a disabled employee on pension rights; to exclude probationary employees from the benefits of this law and to provide the time when pension rights shall commence for probationary employees and their beneficiaries; to require at the end of the probation period contributions to the Pension Fund for prior months of employment and to fix the effective date for measuring benefits under this law of persons formerly serving on probation and their beneficiaries; to forbid refunds from the Pension Fund except in the case of an officer or employee displaced by a returning veteran and to provide the terms and conditions upon which an officer or employee so displaced may gain credit for former years of service as an employee of said city; to provide for the exclusion from pension benefits of former employees who after having been granted a pension accept other public employment by any department of government; to provide the conditions upon which persons serving in the Armed Forces may gain credit on their pension status for periods of service in the Armed Forces of the United States, and to provide such credit upon compliance with said conditions; to institute and establish a Civil Service System for all full time officers and employees of said city with the exceptions named in this law; to provide for the adoption and enforcement by the Mayor and Council of such regulations as the Mayor and Council may from time to time establish regulating the mental and physical qualifications of new and prospective employees and requiring new and prospective employees to stand such examination and furnish a written report thereof to the Mayor and Council; to prescribe the tenure, rights and privileges of officers and employees on Civil Service hereunder and the causes for which they may be removed from office or otherwise punished and the procedure therefor; to provide the method by which charges may be preferred

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against an officer or employee on Civil Service; to require the immediate suspension of an officer or employee against whom charges are so preferred and to provide the machinery whereby such suspended officer or employee shall have a speedy and impartial hearing before the Mayor and Council of said city; to provide the rights and privileges of the person so accused and of the person preferring charges hereunder; to provide for a judgment by the Mayor and Council on charges so made and the force and effect thereof; to provide the jurisdiction of the Mayor and Council to impose a penalty on persons convicted of a violation of offences named in this Act or of such other uniform rules and regulations as may be lawfully adopted by the Mayor and Council for officers and employees of said city to observe; to provide the privileges of an officer or employee after exoneration on charges so made and that the accused may review by certiorari the judgment of the Mayor and Council against him; to provide a separability clause; to provide that the Civil Service provisions of this amendment shall apply to the Recorder of said City; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Charter of the Mayor and Council of the City of College Park as contained in the above entitled Act approved December 16, 1895 and the several amendatory Acts thereof is further amended by adding thereto the following new sections, to wit: Act of 1895 Amended Section 1. Beginning with the first calendar month following the approval of this amendment, all full time officers and employees of the City of College Park (other than officers elected by the people) shall be required to contribute to the pension fund created by this amendment the amounts provided thereby and shall thereafter be entitled to pensions or retirement in the amount and upon the conditions provided by this law. Wherever used in this amendment the word employee shall include all full time officers of said city other than officers elected

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by the people. Officers elected by the people, part time employees and their representatives shall not be entitled to pensions or retirement pay under this law. The City attorney and Recorder of said city shall be excluded from the pension system hereby created. Contribution to Pension Fund Said pension system shall be managed by a Pension Board to be known as the College Park Pension Board consisting of the Mayor and City Clerk of the City of College Park, two (2) members of the Council elected annually by the Mayor and Council and one City employee to be elected annually by vote of all employees participating in said pension system. Said Pension Board shall pass on and determine the eligibility and qualifications of all persons applying for retirement pay or for pensions under this amendment or future amendments to the charter of said city, and exercise all of the duties and privileges now or hereafter provided by law. Pension Board At the first regular meeting of the Mayor and Council of said city following the approval of this amendment, said Mayor and Council shall select the two (2) members of Council to serve as members of said Pension Board for the current year 1946. The city employee to serve as a member of said Pension Board for the remainder of the calendar year 1946 shall be chosen at an election to be held within thirty (30) days after the approval of this amendment at which each employee and officer entitled to participate in said pension system shall be entitled to one vote. The time and manner of conducting said election shall be prescribed by resolution of the Mayor and Council. Appointment of Board All members of said Pension Board before entering upon his or her duties as a member of said Board shall take and subscribe an oath to faithfully execute all duties as members of said Pension Board according to law, which oath shall be recorded on the minutes of said Board. The elective members of said Board for the calendar year 1947 and succeeding years shall be chosen in the same manner at elections to be conducted during the month of January of each respective year. All members of said Board shall hold office until their successors are

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elected and qualified. Oath Said Pension Board shall elect its own Chairman and Vice Chairman and all members thereof shall serve without pay. The Clerk and City Treasurer of the Mayor and Council of the City of College Park shall be ex officio Clerk and ex officio Treasurer of said Board and give such bond for the faithful performance of his duties as said Board shall require. Said Treasurer shall handle and disburse all funds in the control of said Pension Board, all disbursements to be made by check signed by the Treasurer and one other officer to be designated by the Pension Board. Vacancies in office of the elective members of said Pension Board shall be filled at special or called elections conducted in the same manner as provided by this amendment for annual elections. Officers of Board Correct minutes of all proceedings of said Pension Board shall be kept by the ex officio Clerk of said Board and a certified copy thereof duly authenticated by such Clerk shall be admissible in evidence in any court in this State. Minutes Regular and called meetings of the Pension Board shall be held as often as necessary and at such times and places as the rules of the Board may provide. All expenses of administration of this law, except as herein provided, including printing of necessary forms and the premium on the bond of the Treasurer shall be paid from the Pension Fund. Meetings Procedure before Board. No employee and no widow or child of an employee shall be granted a pension payable from the pension fund hereby created until after the judgment of a majority of all members of the Pension Board, which judgment shall be entitled in the case, duly entered upon the minutes of said Pension Board and shall be binding upon the applicant and on the Mayor and Council of the City of College Park as parties thereto. The judgment of said Pension Board shall be based upon the sworn testimony of witnesses and documentary evidence produced before such Board, and the investigation of the Pension Board in every case shall cover all facts and circumstances material to the right of

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the applicant to obtain a pension and the amount thereof. Judgment of Board The Clerk or any member of said Pension Board is authorized to swear witnesses testifying before the Board. Either party shall be entitled upon application to said Pension Board to compulsory process for the attendance of witnesses or the production of documents, by subpoena or subpoena duces tecum signed by the Clerk and bearing teste in the name of said Pension Board, which subpoenas shall be directed and served and shall be effective to compel attendance of witnesses and the production of documents before said Board, in the same manner and to the extent as now provided by law for subpoenas issued by the City Clerk for the attendance of witnesses and the production of documents before the Recorder's Court of said city. Any witness refusing to produce a document or to appear or answer, without legal excuse, a question lawfully prepounded to such witness which is material to an issue before said Board shall be guilty of contempt and upon certification of such Act by the Clerk of said Board, the Judge of the Superior Court shall punish such witness for contempt in the same manner as though committed before him. Witnesses A majority of the members of said Pension Board shall constitute a quorum. Rules and regulations not inconsistent with this amendment may from time to time be adopted and enforced by said Pension Board, which rules and regulations shall govern applications for pensions, and procedure before said Board. Quorum Either the applicant or the Mayor and Council of the City of College Park may, within thirty (30) days from the judgment of the Pension Board apply to the Superior Court of Fulton County for the writ of certiorari to review the final judgment of said Pension Board upon any pension application, which writ said Superior Court shall have jurisdiction to grant in the same manner and upon the same terms and conditions that such writs are not provided by law. Certiorari Section 2. Classes and Amounts of Pensions Provided by this Amendment. The term employees wherever

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used in this amendment shall refer only to full time officers and employees who have been on the payroll of said city for more than six (6) months. Probationary employees as herein defined are excluded from all benefits in said pension system during the first six months of their employment. Employees As used in this amendment the words, average monthly salary or wage, shall mean an amount equivalent to the average monthly salary or wages paid during the last twenty-four (24) months that such employees received a salary or wages as an officer or employee of said city. To illustrate, if a person upon whose service a pension depends drew during the last twelve (12) months that he or she received wages as an employee of said city the sum of $170.00 per month and during the preceding twelve (12) months the sum of $140.00 per month, the average monthly salary or wage of such employee would be the sum of $155.00 per month. If the same employee during the last nine (9) months of employment by said city drew the sum of $225.00 per month and during the preceding fifteen (15) months the sum of $180.00 per month, the average monthly salary or wage of such employee as used in this amendment would be the sum of $196.87 per month. Average Monthly Salary Service Pension. Any such employee who has attained the age of sixty (60) years and who has completed twenty-five (25) years of service on the pay roll of said city (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 amendment), shall be entitled to retire as a matter of right and to receive a service pension in an amount equal to one-half () the average monthly salary or wage (as herein defined) paid to such employee but not exceeding the sum of $100.00 per month in any instance, which service pension shall be paid monthly during the remainder of the natural life of such employee, except that such pension shall cease immediately upon acceptance by such employee of other public employment of the nature defined by Section 9 of this amendment. Service Pension Service Connected Disability Pension. A service connected

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disability pension in an amount equal to one-half () the average monthly salary or wage (as herein defined) but not exceeding $100.00 per month in any instance, shall be paid to a disabled employee 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 as an officer or employee of said city resulting immediately in the total and permanent disability of such person, 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 service of said city in which such person was engaged and of a character which other persons not so engaged do not contract, or (c) From a disease or illness resulting immediately and exclusive from emergency exposure in line of duty as an officer or employee of said city, without the invention of natural causes. Partial Pension for Disability after Ten Years of Service. Any employee of said city who is not otherwise entitled to a pension under this law and who has been in the active service and on the pay roll of said city for ten years or more (of which service five (5) years or more must have been immediately preceding the right to have benefits under this amendment) 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 hereby created for the period that such employee's health continues to be totally and permanently impaired a disability pension in an amount proportionate to the total number of whole years of service to the city by such employees. The disability pension provided by this section shall be allowed without regard to the age of the employee entitled thereto. The amount of such disability pension shall be such proportionate part of the service pension allowed after twenty-five (25) years of service for an employee earning

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the same salary or wages that the number of whole years of service by such disabled employee bears to twenty-five (25) years. To illustrate, the amount of a disability pension based on an average monthly salary or wage of $175.00 after fifteen (15) years of service to the city would be 15-25ths of one-half () of $175.00 or the sum of $52.50 per month. The amount of a disability pension based on an average monthly salary or wage of $225.00 would after nineteen and one-half (19) years of service by 19-25ths of one-half () of $225.00 per month or the sum of $85.50 per month. The amount of pension allowed for disability shall never exceed the sum of $100.00 per month in any instance. Partial Pension for Disability Payment of Disability Pension Conditional on Continuance of Disability. Any disability pension allowed to any city employee from any cause, that is either the service-connected disability pension or the disability pension allowed after ten (10) years or more of service shall be allowed and paid only during the continuance of such employee's total disability, except that such pension may be continued to the employee's qualified widow or qualified minor children in a reduced amount if the employee makes the additional contributions provided by Section 4 of this amendment. If a question should arise at any time as to the continuance of total disability and the eligibility for that reason of the pensioner to continue to receive a pension, the Pension Board shall be authorized from time to time (but not oftener than once each six months) to investigate and inquire into the physical condition of such pensioner and (if it deems advisable) to have such pensioner examined by a physician selected by the Pension Board for that purpose. An issue regarding continuance of disability and eligibility of the pensioner to receive a pension may be framed at the request of any member of the Pension Board or of any member of the Mayor and Council of said city. Thereupon, the Pension Board shall proceed after twenty (20) days' notice to the pensioner to fully investigate and inquire into the question of continuance of disability. Payment Conditioned on Continuance of Disability Both parties, that is, both the pensioner and the Mayor and Council of said city shall have the right to present

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sworn and documentary testimony upon the question of the continuance of total disability and both parties shall have compulsory process for the attendance of witnesses and the right to be represented by counsel. In the event that the judgment of the Pension Board should be that total disability ceased during the pensioner's lifetime, judgment shall be entered accordingly and the pension theretofore allowed to the pensioner for total and permanent disability shall immediately cease and determine and shall no longer be payable either to the pensioner or his beneficiary. The judgment of the Pension Board upon an issue of continuance of disability shall be entered upon the minutes of the Board and shall constitute a final judgment which either the Mayor and Council or the pensioner may review by writ of certiorari as now provided by law. Testimony The right of the Pension Board to enter a new judgment terminating a disability pension formerly allowed to a disabled employee must be exercised during the employee's lifetime. If such right is not exercised during the employee's lifetime and if such employee has made all contributions required by this amendment for benefits to his widow or minor children, the question of continuance of the employee's disability pension to his qualified widow or qualified minor child, at the reduced amount provided by this amendment, may never again be raised. New Judgment Reports of Injury in Line of Duty. Beginning with the appproval of this amendment, every employee shall be required, within the next thirty (30) days after an injury in line of duty as an officer or employee of said city, to file with the Secretary of the Pension Board upon forms provided for that purpose a written report of such injury, together with the cause and extent of injury to the best of the employee's knowledge and belief. Said written report shall include all other pertinent information requested by the Board on its forms or by the Secretary. The minutes of the Pension Board shall from month to month show the date of filing of each such report, the name of the person or persons filing same and a brief statement of the nature and cause of injury claimed.

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Written reports shall be preserved by the Secretary as a part of the permanent records of said Board. Any employee so injured and failing without excuse to file such report shall be forever barred from basing a claim for a pension on the injury so received. Report of Injury Medical and Laboratory Examinations. All persons hereafter employed by said city, all probationary employees and all employees injured in line of duty shall stand such physical examination, including laboratory and X-ray examination, as the Mayor and Council of the City of College Park may from time to time require. Such examinations shall be conducted by the persons designated by the Mayor and Council and written reports thereof shall be directed to the Mayor and Council of the City of College Park, filed with the Pension Board and preserved as a part of the records of said Board. Such reports shall be prima facie evidence in any future proceeding before the Pension Board of facts stated therein regarding the physical condition of such employees. The expense of examination of any person injured in line of duty as a city employee shall be borne by the Mayor and Council. The expense of examination of other employees or prospective employees shall be borne in such manner as the Mayor and Council may from time to time require. Examinations Section 3. Pension Fund, how Accumulated and Maintained. All pensions provided by the terms of this amendment shall be payable out of the Pension Fund accumulated and maintained by contributions by the employees and by the Mayor and Council of the City of College Park in the following manner: Beginning with the first calender month following approval of this amendment there shall be deducted from the salaries and wages of all full time employees of said city (except probationary employees and officers elected by the people who cannot share in said fund) the sum of three (3%) per cent of such salary or wages earned during each calendar month (but not exceeding the sum of $6.00 per month for each employee) which amount so deducted shall be paid to the Treasurer of the Pension Board and credited to the pension

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account of each respective employee. If such employes desires that his widow or the employee's minor child or children succeed to the employee's rights as a pensioner, either upon employee's death after retirement on a pension or after the employee was eligible to retire, such employee may provide therefor by making the necessary designation of a beneficiary as herein provided and by paying within the time required by this amendment, in addition to the ordinary contribution of 3% of wages, an extra one (1%) per cent of such salary or wages (but not exceeding the sum of $2.00 per month in any instance for widow's and children's benefits.) If such additional deduction for benefits to widows and minor children is authorized, said extra 1% of salary or wages shall be paid to the Treasurer of the Pension Fund and credited to the pension account of such contributing employee. Pension Fund The Mayor and Council of the City of College Park shall, beginning with the calendar year 1946, and annually thereafter, appropriate and pay into the Pension Fund created by this amendment an amount equal to the contributions thereto by all employees of the city during each calendar year, thereby matching dollar for dollar the contributions of all employees to said Pension Fund. Said pension fund shall be managed and invested by the Pension Board for the use and benefit of all employees of said city participating therein, and for the use and benefit of widows and dependent minor children of employees who have made for their protection the additional contribution of 1% of wages which is provided by this Act. All investments of pension funds shall be authorized by the Pension Board, shall be limited to investments authorized for trust funds by the general laws of this State, and a record thereof and custody of all securities belonging to the Pension Board shall be kept by the ex officio Clerk of the Pension Board. Payments into Fund by City In case of deficiency in the Pension Fund at any time or inability to pay or to meet any claim lawfully allowed by the Pension Board and payable therefrom, the Mayor and Council shall provide for such payment out of other

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lawful revenue and pay to the Pension Board such sum of money as may be necessary to pay all lawful claims against the Pension Fund hereby created, and if necessary shall levy a tax to provide funds for said purpose. Deficiency in Fund Section 4. Pension to Widow or Children after Employee's Contribution therefor. In order to have the benefits of this section, an employee now on the pay roll of said city (except a probationary employee) shall within thirty (30) days after approval of this amendment, and a person hereafter employed or a probationary employee shall, with six months after employment commences, file with the clerk of the Pension Board on forms provided for that purpose a request in writing that either his wife or his minor child or children be recorded as his beneficiary to receive benefits for which the employee agrees to make the additional contributions provided by this section. Female employees may designate their minor child or children, but not their husbands, as beneficiary hereunder. In addition to designation of beneficiary, such form shall state the names and ages of all members of the family of such employee. Beneficiary may be changed to the other class, that is, from wife to children or from children to wife, at any time. Such written requests shall be kept by the Clerk as a part of the permanent records of the Pension Board. Pension to Widow or Children Thereafter, an additional one (1%) per cent of such employee's salary or wages shall be deducted each month and paid into the Pension Fund created hereby, except that such additional payment shall not exceed the sum of $2.00 per month in any instance. Except as herein provided, the last beneficiary so specified shall succeed to the rights of such employee as pensioner, upon such employee's death after retirement on pension, or being eligible to retire, except that the amount of pension paid to a beneficiary so designated shall be seventy-five (75%) per cent of the amount of the pension that such employee was receiving, or entitled to receive, at the time of the employee's death. Beneficiary A widow cannot receive a pension hereunder after she remarries, or unless she had been married to the employee

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upon whose service the pension depends at least five (5) years before such employee retired or became eligible for retirement. A minor child cannot receive a pension hereunder if more than 18 years of age, or after marriage. If there should in any case be more than one minor child unmarried and eighteen (18) years of age or under, then any pension payable to minor children hereunder shall be payable to and divided in equal shares between all minor children who, as it appears from the record filed with the Pension Board, are entitled to benefits under this amendment. Disbursement of pensions to minor children shall be made to their legally qualified guardian. Remarriage of Widow Minors If an employee specifies his widow and there is no widow qualified to receive a pension under this law, but there are one or more minor children who would be qualified to receive a pension if they had been designated by the employee, such qualified minor children or their guardian may make application to the Pension Board and receive a pension as if designated by the employee to receive same. If a widow receives a pension hereunder and her right to continue to receive same terminates because of her death or remarriage, upon certification of the facts to the Pension Board such pension shall be continued without a new application to the minor child or children qualified to receive a pension under this law. Procedure Where Specified Beneficiary Does Not Exist If an employee specifies his minor child or children and there is no minor child qualified to receive a pension under this law, but there is a widow who would be qualified if she had been designated by the employee, then such qualified widow may make application to the Pension Board and receive a pension as if designated by the employee to receive same. If a minor child or children receive a pension hereunder and the right to continue to receive same terminates because of the death or the marriage or attainment by all minor children of more than eighteen (18) years of age, upon certification of the facts to the Pension Board such pension shall be continued without a new application to the surviving widow qualified to receive benefits hereunder for the period of time that

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she remains unmarried. Upon death of either a minor child or widow, such person's estate shall be entitled to no benefits under this law. A pension payable to a widow under this law shall be payable for the term of her natural life or widowhood. Death of Beneficiary Section 5. Employee's Pension to Cease on Death of Pensioner. Upon the death of any pensioner of any of the classes set forth in this Act, his or her pension shall cease and determine and shall not continue to be paid to his or her heirs, executors or administrators, except as herein provided. Death of Pensioner Section 6. The Mayor and Council may in its discretion require the retirement of any employee who has had ten (10) or more years of service if physically disabled in the opinion of the Mayor and Council to perform his or her duties as a city employee. Resolution of the Mayor and Council requiring such retirement for physical disability duly entered on the minutes of the Mayor and Council shall constitute conclusive evidence that the health of the person so retired is totally and permanently impaired at the time such resolution is passed. The Mayor and Council shall likewise in its discretion require the retirement of any employee who has had twenty-five (25) or more years of service and has attained the age of sixty-five (65) or more years. Retirement of Employee Section 7. Probationary Period of Six Months. Notwithstanding any provision or clause of this amendment, no employee of the Mayor and Council of the City of College Park shall be required to make any contribution to the pension fund established by this law and no pension rights shall accrue to such employee or his widow or minor child for a period of six (6) months after the commencement of his or her employment as an employee of said city. In the event such new employee continues in the service of said city after said six-month period, then the full amount of contributions required by this amendment of other employees making the same salary or wages during the same six months shall be deducted from the employee's wages during the seventh month of employment and, to gether with all contributions required by this law during

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the seventh and succeeding months, shall be paid into the pension fund and credited to the account of such contributing employee. The amount of such deduction during the seventh month, where 3% (with maximum of $6.00) per month or 4% (with maximum of $8.00) per month shall depend upon whether such probationary employee made the election for benefits for widow and minor children within said six-month period as required by this law. Probationary Period Beginning with the seventh month of employment, but not before, such new employee and his or her beneficiaries herein named shall acquire pension rights under this amendment. After such pension status is acquired the period of service of such new employee for the purpose of measuring benefits under this law shall date from the beginning of the period of original employment by said city. Rights Acquired with Seventh Month It is the intention of this section of this amendment to require in all cases a six-month probation period, during which time a new employee shall not contribute to, nor acquire rights under, the pension system hereby created for said city, but that after the termination of said probationary period such new employee shall acquire pension rights which, if he remains in the service of the city that length of time, shall date back to his first employment on probation by the Mayor and Council. Section 8 Refunds. No refund of any portion of the contribution of an employee to the pension fund shall be made under any circumstances, either to a former employee, an employee leaving the service of the city, or the executor, administrator or heirs-at-law of a former employee, except that if an employee is discharged by the Mayor and Council to enable a returning veteran to resume the position that he formerly held with the city, then all contributions made by such displaced employee shall be refunded to him. Refunds If a person so displaced should again become an employee of said city, credit on his pension status for periods of service prior to displacement shall be obtained only on condition that such employee within six months from the time reemployment commences repays into the

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pension fund the amount of contributions so refunded to him, together with three (3) per cent interest thereon from date of withdrawal to date of repayment into said fund. Credit on Prior Service Section 9. Other Government Employment Forbidden. If any employee of said city, after having been granted a pension hereunder, shall thereafter become an officer, deputy or employee of any department of the government, whether national, state or municipal, or of a county or school district, then and in that event his or her pension shall cease and such pensioner shall have no further rights or benefits under this law. Other Gov't. Employment Forbidden Section 10. Service Record of Veterans. Veterans of the military or naval service of the United States who left the service of said city to enter the Armed Forces of the United States shall have all rights and privileges available to employees under this amendment and be subject to all contributions required thereby immediately on their return to duty as employees of said city. Election for widows' or children's benefits must be made by a returning veteran within thirty (30) days from the time reemployment commences. Service Record of Veteran If a returning veteran will, within twelve (12) months of reemployment, pay into the pension fund, in addition to current requirements, an additional sum, without interest equal to the contributions based on reemployment salary that other city employees have paid for the same benefits based on comparable salary subsequent to the approval of this amendment, then all months that such returning veteran was in the Armed Forces of the United States (not including, however, any period of second voluntary enlistment) shall be included and counted as years of service to the city for determining pension rights of such employee and his beneficiary under this law. Unless a returning veteran makes said additional payment within said twelve-month period, his years of military or naval service may not be counted in determining pension rights hereunder. Payment by Returning Veteran Section 11. Civil Service for College Park Employees. Be it further enacted by the authority aforesaid, and it is

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hereby enacted by authority of the same, that the provisions of the Civil Service System hereby created shall never apply to officers elected by the people or to the City Attorney of the City of College Park or to any officer or employee during the first six months of employment, nor shall they apply to part-time employees or to seasonal employees whose employment does not exceed six months in any one year, except that the Civil Service System hereby created shall apply to the Recorder of said City. Likewise, the Civil Service provisions of this amendment shall not apply to persons employed to take the place of employees who were inducted or voluntarily enlisted in the military or naval service of the United States, nor shall the Civil Service provisions of this amendment apply to persons temporarily employed or designated to make or conduct special inquiry, investigation or examination where such appointment or designation is certified by the Mayor and Council to be for employment which should not be performed by persons in the classified service. Civil Service Section 12. Beginning six (6) months after approval of this amendment all officers and employees thereafter employed by the Mayor and Council of the City of College Park shall pass such mental and physical standards for new employees as the Mayor and Council may from time to time prescribe. Mental and Physical Standards Section 13. Beginning six (6) months after approval of this amendment the Recorder and all full time officers and employees of the Mayor and Council of the City of College Park (other than exceptions named in this amendment) shall be employed and serve as officers and employees of said city on the Civil Service plan, during good behaviour and as long as they perform faithfully and efficiently all duties required of them by their superior officers and by the Mayor and Council of said city. Good Behavior and Faithful Service Section 14. All persons subject to the Civil Service System hereby created for officers and employees of said city shall be subject to discharge by the Mayor and Counciy or to reprimand, demotion or suspension, as the Mayor

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and Council may deem advisable, only after conviction in the manner provided by this amendment of insubordination, inefficiency neglect of duty, drunkenness, failure to pay debts, immoral or dishonest conduct, soliciting votes or attempting to influence votes in any municipal election in the City of College Park or of conduct unbecoming an officer or employee, or of the violation of any other uniform rule or regulation lawfully adopted by the Mayor and Council for officers and employees of said City to observe. Notwithstanding any other provision of this amendment, officers and employees who have had ten (10) or more years of service and are physically disabled in the opinion of the Mayor and Council to perform their duties, and officers and employees who have had twenty-five (25) or more years of service and have attained the age of sixty-five (65) years may be retired by the Mayor and Council in the manner provided by Section 6 of this amendment. Such rights of the Mayor and Council to retire employees under Section 6 of this amendment shall take precedence over the Civil Service provisions of this law. Discharge, Reprimand, Suspension Section 15. Before an officer or employee subject to the Civil Service System hereby created may be discharged or punished by the Mayor and Council, such officer or employee must have charges preferred in writing against him by a superior officer or by a member of the Mayor and Council of said city, whereby such officer or employee is charged with the violation of some provision of uniform rules and regulations so adopted by the Mayor and Council for officers and employees of said city or of a violation of one or more of the offenses specified in this amendment as a ground for removal from office. Charges Preferred Section 16. a copy of c harges so preferred shall be immediately served by the City Clerk or by a police officer of said city upon the officer or employee so affected, and such officers or employees shall be immediately suspended from duty pending a speedy and impartial hearing on such charges, which hearing must be granted by the Mayor and Council sitting as a court after ten (10) days' notice to the employee so affected. In the event charges

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are preferred by a member of the Mayor and Council, the person preferring charges shall not sit as a member of the Mayor and Council during such trial. Copy of Charges Section 17. At said hearing both the officer and employee so affected and the party preferring charges shall have compulsory process for attendance of witnesses and the production of documents, shall be given opportunity to swear witnesses and be represented by counsel and to submit any oral or documentary evidence pertinent to the charges so made. Except as provided by this amendment, such trial shall be conducted by the Mayor and Council according to the rules of procedure and evidence applicable to trials in the Superior Courts of this State. Witnesses appearing before such Mayor and Council shall be sworn by the City Clerk or by an officer authorized to administer oaths and the City Clerk shall be authorized to issue in the name of the Mayor and Council subpoenas and subpoenas duces tecum requiring the attendance of witnesses and the production of documents in the same manner that subpoenas may be issued for the production of witnesses and decuments before the Recorder's Court of said City. Any witness failing without excuse to testify or to produce a document pertinent to the issues before the Mayor and Council may be punished for contempt after certification for such failure to a Judge of the Superior Court of Fulton County, which failure may be certified to said Judge by the City Clerk or the presiding officer of the Mayor and Council and punished as though committed before said Superior Court. Hearing Section 18. At the conclusion of the evidence and argument of counsel on such charges, the Mayor and Council shall enter a judgment thereon either exonerating the employee or finding him guilty and subjecting him to punishment by reprimand, demotion, suspension or discharge as the Mayor and Council may deem advisable according to the evidence submitted. A majority vote of all members of the court shall be necessary to convict and in case of conviction the punishment to be inflicted shall be determined in the same manner. Such judgment of the Mayor and Council shall constitute a final judgment

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which the accused may review by certiorari as now provided by law and if the employee is exonerated by such judgment, all salary which would have accrued to him except for the proceeding shall be due and payable. In the event such employee is adjudged guilty, no salary shall accrue to such employee between the date when charges are preferred and the date when the judgment of conviction becomes final. Judgement Certiorari Section 19. Be is further enacted by the authority aforesaid that if any part or section of this amendment shall be held unconstitutional, the remainder shall be in full force and effect, provided the general terms of said Act as amended by the remaining portions hereof can still be carried out. Invalidity of Part Section 20. Any and all laws or parts of laws in conflict with this Act are hereby repealed. Approved January 30, 1946. COLLEGE PARK CITY CHARTER AMENDMENT No. 505 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 an increase in the salary of the Recorder of said City; to provide for further qualification of candidates for Mayor and Councilmen of said City; to increase the time from fifteen days to sixty days before date of election for registrants to qualify as electors; to reduce the minimum voting age from twenty-one years to eighteen years; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Charter of the 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

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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 Councilmen, prescribe their powers and duties, and for other purposes, approved December 16, 1895 and all amendments thereto, be, and the same are hereby amended as follows: Section 1. Be it enacted by the authority aforesaid that the first sentence of section 2 of the Act amending the charter of the City of College Park, approved August 2, 1916 (Georgia Laws 1916, page 644) and the last sentence of section 5 of the Act amending the charter of the City of College Park, approved August 17, 1929 (Georgia Laws 1929, page 967) be and the same is hereby amended so as to strike therefrom the words and figures six hundred ($600.00), and insert in lieu thereof the words and figures nine hundred ($900.00), so that said sentence of said section when so amended shall read as follows: Section 2. Be it further enacted, that the recorder for said recorder's court shall be elected by the mayor and council of the City of College Park, who shall determine his qualifications, term of office, and compensation, except that said compensation shall not exceed the sum of nine hundred ($900.00) dollars per annum. Ga. L. 1916 P. 644 Amended Section 2. Be it further enacted by the authority aforesaid that Section 15 (a), Section 15 (b), and Section 15 (d), set forth under Section 1 of the Act amending the charter of the City of College Park, approved March 10, 1937 (Georgia Laws, 1937 pages 1685 to 1694), relating to the qualification of the mayor and councilmen of said city, and candidates for said offices: and also for other purposes (which sections, by said Act of 1937, were enacted in lieu of similarly numbered sections of Act approved March 24, 1933 and Act approved August 2, 1924, referred to in said Act of 1937, be and the same are hereby stricken and repealed, and the following sections similarly numbered are hereby inserted and enacted in lieu thereof, to-wit: Ga. L. 1937 PP. 1685-1694 Amended Section 15 (a). Be it further enacted by the authority aforesaid, That immediately after the passage and approval

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of this Act, the mayor and council of said city shall provide, and the city clerk of said city, who shall be the registrar of the voters thereof, shall open and keep open, as hereinafter provided, a book or books to be designated Voters' Book, for the permanent registration of the qualified voters of said city for any and all elections of every kind and character and for whatever purpose held in said city; it being the intent and purpose of this Act to provide for a single, permanent, general registration of the qualified voters of said city, under general rules, for use in any and all municipal elections of every kind and character and for whatever purpose held in said city. Said book or books shall consist of a book or books made up of the separate printed oaths, in form and language substantially as hereinafter set out, securely bound together; and said mayor and council may, in their discretion, provide for a separate book or books for each of the wards of said city. The oath above mentioned shall be in form and language substantially as follows: to wit: Voters' Book OATH OF VOTER Georgia, Fulton County: 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 date set forth below; that I have resided in the State of Georgia for one year, and in the City of College Park for thirty days immediately preceding the date of this oath, or will have so resided on the date or dates hereinafter set forth; that I have paid all poll-taxes that I have had an opportunity of paying agreeably to law; that, in so far as same relates to municipal elections, I possess the qualifications of an elector required by Paragraph 4, Section 1, Article 2, of the Constitution of the State of Georgia, and I am not laboring under any of the disabilities named in said Article; and that I am not disfranchised from voting by reason of any offense committed against the laws of this State. I further swear, or affirm, that I reside in the Ward of the City of College Park, at No. on Street; my age is . my occupation is . I will have resided in the State of Georgia for

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one year on , and in the City of College Park for thirty days on. Oath Signature Sworn to and subscribed before me this day of 19. Registrar. White Colored Male Female The mayor and council may, if desired, add to the form of oath above set forth the name of the ward for which it is to be used. Any and all persons who, at the time of the passage and approval of this Act, are legally registered voters under the charter provisions of said city, and who, on the date of future municipal elections, are otherwise qualified to do so, shall be permitted to vote in any and all such elections hereafter held in said city, without re-registration in the permanent voters' book provided for in this section of this Act; subject however, to the provisions of Section 15 (d) of this Act, which are hereby made to relate to said persons, as well as to persons who hereafter register in the permanent voters' book provided for in this section of this Act. Section 15 (b). Be it further enacted by the authority aforesaid, That the city clerk, as registrar, as aforesaid, or any assistant registrar hereinafter provided for, shall keep said voters' book open for the registration of voters at the city hall in said city at all times during office hours or when the clerk's office is open for the payment of taxes or other business, Sundays and legal holidays alone excepted. The city clerk and the assistant registrar or registrars hereinafter provided for are authorized and empowed to take and have charge of said voters' book and to administer said oath, and when the signature of any person on said voters' book and to administer said oath, and when the signature of any person on said voters' book or to said oath is not clearly legible, the officer in charge of said voters' book shall, at the time said signature is made, write out the name in clear, legible letters opposite said signature. Any person desiring to be registered as a voter in said City of College Park and in and for any and all the municipal elections of every kind and character

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and for whatever purpose held in and for said city, who is a citizen of the United States, eighteen years old or upwards, or will be at the date of the election in which he desires to vote; who has resided in the State of Georgia for one year, and in the City of College Park for thirty days immediately prior to registration, or will have so resided at the date of the election in which he desires to vote; who, in so far as same relates to municipal elections, possesses the qualifications of an elector required by Paragraph 4, Section 1, Article 2 of the Constitution of the State of Georgia, and is not laboring under any of the disabilities named in said article, and who is not disfranchised from voting by reason of any offense committed against the laws of said State, may on application in person and not by proxy, to the city clerk, or any assistant registrar, register as such voter, by reading said oath or having the same read to him or her, and subscribing the same by signing his or her name thereto at the place for signature thereon, in said voters' book, and entry or memorandum of ward, street address, age and occupation being first made by the officers in charge of said book, or by the affiant, at the place indicated therefor in said oath; and when affiant is not eighteen years of age at the time of subscribing the oath, a similar entry or memorandum shall, in like manner, be made, showing the date in the year when the affiant shall reach the age of eighteen years and when the affiant has not resided in the State one year, or in the city thirty days, at the time of subscribing the oath, a similar entry or memorandum shall be made showing the date in the year when he or she will have resided in the State one year, and in the city thirty days. Upon request of the applicant, the officer in charge of said book shall read or repeat said oath distinctly to the applicant; and if the applicant cannot sign his or her name. said officer shall sign it for him or her; The applicant making his or her mark thereto. The signature made by a person to said book shall be prima facie evidence that the person so signing swears, or affirms, the truth of every material fact set forth in said oath, and of the written memoranda or entries therein

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contained. For the purpose of more easily identifying the voter, the officer in charge of the voters' book shall note therein, in connection with each signature, the race and sex of the person signing,that is to say, whether white or colored, male or female, and this may be done by striking the printed words at the bottom of said oath designating the race and sex which are inapplicable to the voter, or by checking the words applicable to the voter. Electors who are qualified and register in the permanent voters' book as aforesaid, shall not thereafter be required to register for future elections, unless their names have been stricken and removed therefrom for disqualification as hereinafter provided in Section 15 (d) of this Act. Book to be Open During Office Hours Memorandum Identification of Voter Section 15 (d). Be it further enacted by the authority aforesaid, That prior to each election of any kind or character, or for whatever purpose, to be held in said City, the city clerk shall make out three copies of a list or lists, in alphabetical order and according to wards, of all persons who, up to and including the sixtieth day prior to the date of such election, will be eighteen years of age, and will have resided in the State and city for the required period; and shall furnish such list or lists prior to the date of such election, to a Board of Registrars appointed by the mayor and council as herein provided. In the case of a person who has, since his registration, moved his residence from one ward to another ward in said city, and who is, or will have become a bona fide resident of said later ward at least thirty days continuously preceding the date of such election, his name shall be placed upon the list of registered voters for the ward to which he has moved and in which he shall reside at the time of such election, and such person, if qualified, shall be entitled to vote in such election in the ward to which he has so moved, and so resides. The mayor and council shall appoint, either annually for all elections to be held during any year, or for such election, three persons, who shall be registered voters of the city, who shall constitute and be known as the Board of Registrars of said city. Neither the city clerk nor any of the assistant registrars hereinabove provided for shall be eligible to membership

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on said board, but any member of council may be appointed as a member thereof. It shall be the duty of said Board of Registrars, to receive, examine and purge said lists of registered voters so furnished them, as aforesaid, by striking and removing therefrom, before the day of election, the names of all persons who have died, or who have removed from the city, and also the names of all persons who, on or before said sixtieth day prior to such election, may have become, or may be disqualified for any other reason to vote in the election prior to which such lists are furnished as aforesaid, including any person who will be under the age of eighteen years or who will not have resided in the State and city for the requisite periods, on the day of such election. In purging said lists said board shall act upon the best evidence or information obtainable within the time available therefor. Said Board of Registrars shall furnish to the city clerk a list or lists of the names so purged, stricken and removed by them, and said city clerk shall strike and mark said names from the voters' book, and a registrant so stricken and marked from said book shall not be entitled to vote in any election in the city until such registrant has qualified and again registered under the terms of this Act, or unless his name has been restored to said book as herein provided. Said Board of Registrars shall notify each person whose name is purged, stricken and removed by them, as aforesaid, of that fact, by mailing written notice thereof to such person at the address appearing on the voters' book or oaths signed by such person, or by having the same personally served upon such person, or left at his place of residence; and if such person claims that his or her name has been improperly purged, stricken and removed by said Board of Registrars, such person may make written complaint thereof to said board by leaving same with the city clerk at the city hall in said city, and shall be entitled to be heard thereon by said board, at such time and place as may be fixed by said board, after notice thereof in either of the methods above stated. Said notice, however, may be waived by such person, and, in case of waiver, hearing afforded by said

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board, without notice in its discretion. The action of said board on such complaints shall be final; and if said board finds that the name of such person was improperly stricken and removed, said board shall restore same to the list of registered voters from which it was stricken, and notify the city clerk in writing accordingly, who shall likewise restore same to the voters' book by entry of that fact on such person's oath therein. With respect to any person whose name has been purged, stricken and removed by said board at such time before the day of election that sufficient opportunity may not be afforded for notice and hearing of any complaint prior to the day of such election as herein provided, said board shall give such notice as is reasonably possible, and hear such complaint on the day of the election, and if said board finds that the name of such person has been improperly stricken and removed, said board shall notify the city clerk in writing accordingly, who shall thereupon restore same to the voters' book by entry as above provided, and said board shall furnish to such person whose name has been thus restored, a certificate in form to be provided by the mayor and council, signed by the members of said board, or a majority of them, to the effect that such person's name has been restored to the voters' book, and that he or she is entitled to vote in such election; which certificate, upon presentation and surrender to the manager of the election at the voting precinct where such person is entitled to vote, shall entitle such person to vote in said election. The managers of election shall, upon the presentation and surrender of such certificate, add the name of such person to the official lists of registered voters being used in said election at such voting precinct, followed by the word `certificate'; and all such certificates shall be preserved by the election managers and filed by them with their returns of the election. Each of the members of the Board of Registrars provided for by this section of this Act shall, before entering upon the discharge of his duties, take and subscribe the following oath before some officer authorized to administer oaths under the laws of this State, to wit: `I do solemnly swear that I will faithfully

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and impartially discharge, to the best of my ability, the duties imposed upon me by law as a member of the Board of Registrars of the City of College Park; which oath shall be filed with the city clerk. In the event there is a difference of opinion among the three members of the board with respect to the qualification of a voter in the matter of removal or restoration of his name as aforesaid, the concurrent votes of any two shall control the matter. A majority of said board may act in the discharge of any of its duties. List of Voters Purging List Notice Hearing Certificate Oath of Registrars Difference of Opinion Section 3. Be it further enacted by the authority aforesaid that Section 2 of the Act amending the charter of the City of College Park, approved March 10, 1937 (Georgia Laws 1937, pages 1685 to 1694), relating to the qualification of the mayor and councilmen of said city, and candidates for said offices; be and the same is hereby stricken and repealed, and the following section similarly numbered is hereby inserted and enacted in lieu thereof, to wit: Ga. L. 1937, PP. 1685-1694 Amended Section 2. Be it further enacted by the authority aforesaid, That in addition to the qualifications of eligibility for election to, and holding the offices of mayor and councilmen of the City of College Park as now provided by the charter of said city, any person seeking election, and-or elected as mayor or councilman of said city, shall be on the date of election for such office, a registered qualified elector to vote in such election, and a freeholder, in accordance with the charter, laws and ordinances of said city. Qualifications of Office Holder Section 4. Be it further enacted by the authority aforesaid, That in the event any portion of this Act shall hereafter be held to be invalid for any reason, such invalidity shall not affect any other portion of this Act. Invalidity of Part Section 5. Be it further enacted by the authority aforesaid, That all laws and parts of law in conflict, with this Act be and the same are hereby repealed. Approved January 30, 1946.

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COLQUITT CITY CHARTER AMENDMENT No. 527 An Act To amend an Act entitled An Act to amend, consolidate and supersede the several acts incorporating the City of Colquitt, in the County of Miller, and State of Georgia, and all amendments thereto; to create a new charter and municipal government for said corporation, to declare the rights and powers of same, and more fully define the powers and liabilities of said city; to extend the jurisdiction of the limits of the said city for specific purposes; to provide for a Mayor and Council of said city and declare the manner and forms in which they shall be elected and qualified, and to fix the qualifications, duties, powers, rights, and liabilities of same; to fix the qualifications of voters in said city; to provide a method of registration thereof and to provide the manner in which all municipal elections shall be held and the results determined; to create a Board of Tax Assessors for said city, and to define their qualifications, methods of appointment, rights, powers and duties; to provide for the working maintenance and extension of the streets, alleys, squares, parks, cemeteries and public buildings of said city; to authorize the Mayor and Council to construct, operate, control and extend the waterworks and sewerage system and the electric lighting system of said city, and to provide the manner of doing same; to establish a police court for said city, and define the duties, powers and jurisdiction of the same; to authorize the creation of the office of City Recorder for said courts; to provide for the assessment, levy and collection of an ad valorem tax on all property in the city, for supporting and maintaining schools; for paying the interest and principal on the debts of said city, and for other purposes; to authorize the taxing and licensing of all kinds of business, trades, professions and avocations and other things in said city; to provide for the issuance of bonds for the purpose of maintaining, constructing, improving, of extending the waterworks, electric lighting and sewerage

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systems of said city, for street improvement, and for other purposes; to provide the manner in which bond elections shall be called and conducted; to provide the manner of collecting all debts or demands due the city; to provide that no valid existing ordinance, rule or regulation of the former corporation, nor any contract or right made or acquired under same shall be affected by this Act; to provide and regulate fire, sanitary and public protection; to define and prescribe the police powers of said city; to provide for all other matters necessary for the general welfare of said city; to repeal an Act of the General Assembly approved July 30, 1913, and for other purposes, said Act being found in the Acts of the General Assembly of Georgia for the year 1915, on page 534, and having been approved on August 7, 1915, by striking from Section11 thereof, the following words, to-wit: one half of, so that the Mayor and Council shall have full power and authority for the assessment levy and collection of an ad valorem tax on all real and personal property and every other kind of property in said city, owned or held therein, of not exceeding one per cent for ordinary expenses; 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. Purposes of Act Section 1. That from and after the passage of this Act, that Section 11 of the above entitled Act of the General Assembly of the State of Georgia, for the year 1915, pages 534-567, both inclusive, be and the same is hereby amended by striking from Section 11 of said Act, the following words, to-wit: One half of, so that said section, when so amended, shall read as follows. Sec. 11 Act of 1915 PP. 534-567 Amended Section 11. For the purpose of raising revenue for the support and maintenance of the government of the City of Colquitt, the mayor and council shall have full power and authority for the assesment, levy and collection of an ad valorem tax on all real and personal property, and every other kind of property in said city,

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owned or held therein, of not exceeding one per cent. for Ordinary expenses. For the purpose of providing a sinking fund for paying the principal and interest of any bonds heretofore issued, or that may be hereafter issued by said city authorities, and for the payment of the annual or semi-annual interest on said bonds and for the payment of legal and equitable judgments and decrees against said city, and additional ad valorem tax shall be levied and collected as Extraordinary expenses. New Sec. 11 Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved January 31, 1946. COLUMBUS CITY CHARTER AMENDMENTS No. 469 An Act Amending the charter of the City of Columbus, Georgia, as heretofore amended by the Act approved August 5, 1921, and other Acts, this amendment amending Section 19 of said Act of August 5, 1921, (which section has reference to the recording and publication of ordinances of said city) by providing that said city in adopting a Building Code, or amendments thereto, to be bound in book form, need not enter on its minutes or records, nor publish in a newspaper, the provisions of said Building Code or amendments thereto, but that it shall be sufficient to enter on its minutes or records and publish in a newspaper the ordinance which adopts said Building Code or its amendments by reference thereto; and for other purposes. Be it anacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act of the General Assembly of Georgia approved August 5, 1921, amending the charter of the City of Columbus, Georgia, be, and it is, hereby amended by adding to Section 19 of said Act (which section has reference to the recording and publication of ordinances of

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said city) the following words, to-wit: Provided however, that the Commission of the City of Columbus may adopt and amend a Building Code for said city, which Bulding Code and amendments may regulate the construction, equipment, alteration, repair and removal of buildings in said city, and all matters relating thereto or connected therewith; and that in adopting or amending said Building Code, when said Building Code or amendments are bound in book form, it shall not be necessary to enter the provisions of said Building Code or amendments on the minutes or records of the city nor to publish the same in a newspaper, but it shall be sufficient to enter on said minutes or records and to publish in a newspaper the ordinance which adopts said Building Code or amendments by reference thereto, so that said Section 19 as thus amended shall read as follows: Act Approved Aug. 5, 1921 Amended Section 19. Every ordinance or resolution upon its final passage shall be recorded in the book kept for that purpose, and shall be authenticated by the signature of the presiding officer and the City Clerk. New Sec 19 Every ordinance of a general or permanent nature shall be published in full once within ten days after its final passage in a newspaper or newspapers of general circulation published in the municipality, and where legally permissible, such publication shall be made but once, provided that the foregoing requirements as to publication shall not apply to ordinances re-ordained in or by a general compilation or codification of ordinances printed by authority of the Commission. Provided, however, that the Commission of the City of Columbus may adopt and amend a Building Code for said city, which Building Code and amendments may regulate the construction, equipment, alteration. repair and removal of buildings in said city, and all matters relating thereto or connected therewith; and that in adopting or amending said Building Code, when said Building Code or amendments are bound in book form, it shall not be necessary to enter the provisions of said Building Code or amendments on the minutes or records of the city nor to publish the same in a newspaper, but it shall be sufficient

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to enter on said minutes or records and to publish in a newspaper the ordinance which adopts said Building Code or amendments by reference thereto. Section 2. That this Act shall not repeal any powers of said city now of force, but shall be cumulative of the same. Act Cumulative Section 3. That all laws or parts of laws in conflict herewith be, and they are, hereby repealed. Approved January 26, 1946. COLUMBUS CITY CHARTER AMENDMENTS No. 470 An Act amending the charter of the City of Columbus, Georgia, as heretofore amended by the Act approved August 5, 1921, so that the power of said city as set forth in Section 3 (7) of said act, relating to the power of the city to furnish local public service and to purchase, hire, construct, own, maintain and operate or lease public utilities, shall be so enlarged as to extend such power of the city to include the right to acquire, by condemnation or otherwise, wholly within or wholly without the corporate limits of the city, or partially within and partially without the city, for the purpose of furnishing public service, within or without the city or both, land and property (including franchises) or any part thereof necessary for such public service; such power, by condemnation or otherwise, to extend to the lands and properties (including franchises) or any part thereof, of utilities now or hereafter existing and devoted to public use to provide that no public utility operating hereunder shall extend beyond the established limits of Muscogee County; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act of the General Assembly of Georgia approved August 5, 1921, amending the charter of the City of Columbus, Georgia, be, and it is, hereby amended by striking all of subsection 7 of Section 3 of said

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Act, which subsection relates to the power of the city to furnish local public service and to purchase, hire, construct, own, maintain and operate or lease public utilities, and enacting in lieu thereof a new subsection, to be known as Section 3 (7) and to read as follows. Act Approved Aug. 5, 1921 Amended Section 3 (7). Public Utilities. The City of Columbus shall have the power to furnish all public service, wholly within or wholly without the city, or partially within and partially without the city; to purchase, hire, construct, own, maintain, and operate or lease public utilities, wholly within or wholly without the city, or partially within and partially without the city; to acquire by condemnation or otherwise, wholly within or wholly without the city, or partially within or partially without the city, land and property (including franchises), or any part thereof, necessary for such public service; and this power, by condemnation or otherwise, shall extend to the land and properties (including franchises), or any part thereof, of utilities now or hereafter existing and devoted to public use. No public utility operating within the purview of this Act shall extend beyond the established limits of Muscogee County. No services shall be rendered by any public utility operating under the provisions of this law beyond the established limits of Muscogee County. New Sec. 3 (7) Public Utilities Section 1A, Before the City of Columbus shall be authorized to condemn properties of public utilities referred to in Section 1 hereof, such condemnation must be authorized by a majority of the registered voters voting at an election held for such purposes in said city, and provided further, that a majority of the registered voters of said City shall vote in said election. Such election shall be held in compliance with Article 7, Section 7, Paragraph 5 of the Constitution and the applicable statutory laws of this State. Conditions Precedent to Condemnation Section 2. That all laws or parts of laws in conflict herewith be, and they are hereby repealed. Approved January 26, 1946.

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COLUMBUS CITY CHARTER AMENDMENT No. 512 An Act Amending the charter of the City of Columbus, Georgia as heretofore amended by the Act approved March 6, 1945, and other Acts, (which said Act of March 6, 1945, provided for the extension of the corporate limits of the City of Columbus, Georgia), this Act amending Section 12 of said last named Act by providing that those residents of said annexed territory who are qualified to vote in the primary election and 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 December 31, 1948 (the date on which said annexed territory will become a part of the City of Columbus), shall be eligible for nomination and election to the Commission of the City of Columbus for any term beginning January 3, 1949, length of residence and qualification as a voter in said annexed territory immediately preceding December 31, 1948, to be counted, for said purposes, as equivalent to residence and voting qualifications within the corporate limits of said city.Whereas, the charter of the City of Columbus, Georgia, was amended by the Act approved March 6, 1945, which said Act provided for the extension of the corporate limits of the City of Columbus, Georgia, andWhereas, the referendum elections provided for in said Act were held on the day of July 25, 1945, andWhereas, a majority of the total number of votes cast in said referendum elections (adding all votes cast inside and all votes cast outside the city together) favored annexation of the territory within the boundaries described in said Act, andWhereas, the Ordinary of Muscogee County and the Mayor of the City of Columbus have issued a joint proclamation of the results of said referendum elections, andWhereas, the corporate limits of the City of Columbus

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will be extended on December 31, 1948, so as to include the territory within the boundaries described in said Act, and said territory will on December 31, 1948, become a part of said City of Columbus and subject to all the laws and ordinances governing the same.Now Therefore: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Purposes of Act Section 1. That the charter of the City of Columbus, Georgia, as heretofore amended by the Act approved March 6, 1945, and other Acts, (which said Act of March 6, 1945, provided for the extension of the corporate limits of the City of Columbus, Georgia), be, and it is, hereby further amended by adding to Section 12 of said Act of March 6, 1945, the following: The residents of said annexed territory who are qualified to vote in the primary election and 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 December 31, 1948, (the date on which said annexed territory will become a part of the City of Columbus), shall be eligible for nomination and election to the Commission of the City of Columbus for any term beginning January 3, 1949, length of residence and qualification as a voter in said annexed territory immediately preceding December 31, 1948, to be counted, for said purposes, as equivalent to residence and voting qualifications within the corporate limits of said city, so that said Section 12 as thus amended shall read as follows: Act Approved Mar. 6, 1945 Amended 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

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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. The residents of said annexed territory who are qualified to vote in the primary election and 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 December 31, 1948, (the date on which said annexed territory will become a part of the City of Columbus), shall be eligible for nomination and election to the Commission of the City of Columbus for any term beginning January 3, 1949, length of residence and qualification as a voter in said annexed territory immediately preceding December 31, 1948, to be counted, for said purposes, as equivalent to residence and voting qualifications within the corporate limits of said city. Sec. 12 of said Act as Amended Section 2. That all laws or parts of laws in conflict herewith be, and they are, hereby approved. Approved January 30, 1946. COLUMBUS CITY CHARTER AMENDMENT No. 544 An Act Amending the charter of the City of Columbus, Georgia, as amended by the Act approved August 5, 1921; creating a Board of Public Safety to have charge of the police and fire departments of said city; defining the powers and duties of said board; providing for rules and regulations, including civil service, to be adopted by said board; repealing Section 23 and Section 23-A of said last named Act, which sections relate respectively, to the police and fire departments of said city and the powers and duties of those departments and their respective chiefs; providing when this

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amendment shall become effective. and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the charter of the City of Columbus, Georgia, as amended by the Act approved August 5, 1921, and other amendments, be, and it is, hereby further amended as follows: Act Approved Aug. 5, 1921 Amended Section 1. There is hereby created for the City of Columbus a board to be known as the Board of Public Safety (hereinafter designated as board), to have charge of the police and fire departments of the city, said board to be vested with the powers and duties hereinafter set forth and such other powers and duties as may be delegated to the board by ordinances of the city. Board of Public Safety Section 2. The board shall consist of three members, to be appointed by the Commissioner of the City of Columbus, (hereinafter designated as commission) and to serve without compensation. Membership on the board shall be limited to citizens of said city and of the territory which by annexation will become part of said city on December 31, 1948; eligibility of citizens of the annexed territory to serve on said board to exist even prior to said last named date. Membership of Board Any person while holding any public office or employment of profit, excepting that of Notary Public, shall be ineligible to membership on said board. Ineligibility The first appointment of members of said board shall be had at the regular meeting of the commission which adopts an ordinance putting this Act into effect, or as soon thereafter as practicable. The first members of the board shall be appointed to serve as follows: One member to serve until January 1, 1947; one member to serve until January 1, 1948; and one member to serve until January 1, 1949. At the first regular meeting of the commission held in July of each year, beginning in 1946, the commission shall appoint a successor to the membership on said board which would expire on the first day of January next following; each successor so appointed to hold office for a term of three years, beginning on said

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first day of January. The authority of a member of the board shall continue until his successor has been appointed and has qualified by taking oath faithfully to perform his duties as a member of the board. First Members, Term A member of the board, after serving a full three-year term, shall not be eligible to succeed himself as a member of the board until the lapse of twelve months from the end of said term. Succession Restricted Any vacancy occurring on the board shall be filled by the commission for the unexpired term. Vacancies Section 3. The board herein provided for shall have general and direct control and management of both the police and fire departments of said city. The Chief of Police and the Chief of the Fire Department and all officers, members and employees of said departments shall be appointed by said board to hold their offices and positions at the will of the board, subject to such rules and regulations which the board shall adopt. Powers of Board The officers and members of the police department shall be charged with the enforcement of all laws of the State and all ordinances of said city. Police Dept. The officers and members of the fire department shall be charged with the duty of preventing and fighting fires, the enforcement of laws and ordinances designed to prevent fires, and with such other duties as may be assigned to that department by said board. Fire Dept. The board may from time to time recommend to the commission the number of officers, members and employees necessary for said two departments, but the commission shall have exclusive power to designate such number and to fix the salaries of the officers, members and employees of said two departments, as well as to fix the budget and make the necessary appropriations for their for their support. Recommendations by Board All purchases for said two departments shall be made through the regular purchasing department of the city upon requisition of the chairman of said board, or, in the absence of the chairman, the vice-chairman. Purchases Section 4. As soon as practicable after the appointment

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and qualification of the first members of said board, they shall assemble and select from their number a chairman and a vice-chairman. The chairman shall preside at all meetings, and in his absence the vice-chairman shall preside. Chairman and Vice Chairman Section 5. The board shall appoint a secretary who shall not be a member of the board, and who shall serve at the will of the board. The secretary shall keep the minutes of all board meetings, be the custodian of all records and papers of the board, perform all clerical work necessary, and attend to such other clerical matters as may be assigned him by the board. The secretary shall receive a monthly salary, to be fixed by the Commission. Secretary Section 6. The board shall hold regular monthly meetings at a place to be designated by the board. Special meetings may be called by the chairman of the board, or by any one of its members, upon one day's written notice to the other members; except that notice shall not be required when all three members are present at a meeting. Meetings Two members of the board shall constitute a quorum to transact business before the board. The affirmative votes of at least two members shall be necessary to any action by the board. Quorum Section 7. All appointments, promotions, suspensions and discharges of officers, members and employees of said two departments shall be made and provided for by the board, under rules and regulations which the board shall adopt, which rules and regulations shall include a system of civil service. The rules and regulations shall be designed to secure an administration of said two departments which will result both in benefit to the public and justice to said departments, uninfluenced by any political considerations or changes in the personnel of any of the governmental departments of the city. Administration Said rules and regulations shall provide that before any member of either of said departments is demoted or discharged, and before he shall be suspended for a period exceeding fifteen (15) days, he shall, if he so desires, have

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a right to a full hearing before the board, with an opportunity to present testimony in his own behalf. Demotion and Discharge Section 8. All decisions of said board shall be final; except that in cases of discharge by the board, or of suspensions for a period exceeding fifteen (15) days, where the decision of the board is not unanimous, the person affected by such discharge or suspension may enter an appeal to the commission, in which case the commission may make such disposition of the case as to it seems proper. Decision of Board Section 9. The commission shall have the power to adopt and enforce any and all ordinances which it may deem necessary to carry out the provisions and intent of this Act. Necessary Ordinances Section 10. All provisions of Section 23 of the Act of the General Assembly of Georgia adopted August 5, 1921, amending the charter of said city, which section relates to the powers and duties of the police department of the city and its chief; and all provisions of Section 23-A of said Act, which section relates to the powers and duties of the fire department of the city and its chief; are hereby repealed. Sec 23 Act of Aug. 5 1921 Repealed Section 11. This act shall become effective only after the adoption by the Commission of the City of Columbus of an ordinance to that effect, and on the definite date to be stated in said ordinance. When Effective Section 12. All laws or parts of laws [Illegible Text] conflict here with are hereby repealed. Approved January 31, 1946. COLUMBUS CITY CHARTER AMENDMENT No. 593 An Act Amending the Charter of the City of Columbus, Georgia, as heretofore amended by the Act approved February 12, 1937, and other Acts (which said Act of February 12, 1937, provides a pension system for said city), this Act amending Section 1 of said last named Act

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by providing that absence of an officer or employee of the city from service with the city for a period not exceeding 24 months shall not preclude the granting of a pension by the city if the entire period of actual service with the city amounts to 20 years; and for 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 charter of the City of Columbus, Georgia, as heretofore amended by the Act approved February 12, 1937, and other Acts (which said Act of February 12, 1937, provides a pension system for said city) be, and it is, hereby further amended by striking from Section 1 of said Act of February 12, 1937, the words 12 months and inserting in lieu thereof the words 24 months, so that said section as thus amended shall read as follows: Act Approved Feb. 12, 1937 Amended The City of Columbus shall have the power and authority to grant a pension to any retired officer or employee of any department of the city who has become permanently and physically disabled in the service of the city. To authorize the granting of a pension, such officer or employee shall have had at least 20 years' continuous service with the city; except that absence from service for a period not exceeding 24 months shall not preclude the granting of a pension if the entire period of actual service with the city amounts to 20 years. Sec. 1 of Said Act As Amended Section 2. That the provisions of the Act of the General Assembly of Georgia approved March 24, 1941, amending the charter of the City of Columbus, (which said Act relates to pensions and retirement benefits for officers and employees of said city) shall have the same application to said Act of February 12, 1937, after said last named Act is hereby amended as the provisions of the Act of March 24, 1941, had to said Act of February 12, 1937, prior to this amendment. Application Section 3. That all laws or parts of laws in conflict herewith be, and they are, hereby repealed. Approved January 31, 1946.

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DARIEN CITY CHARTER AMENDMENT No. 494 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, sell and convey portions of certain squares, and portions of 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, sell and convey a portion of a square and portions of streets, in said City, as follows: Ga. Laws 1909 P.727 Amended Boundary Street between Adams Street and Green Street; Wayne Street between Rittenhouse Street and Boundary Street; Washington Street between Rittenhouse Street and Boundary Street; all of Oglethorpe Square lying north of Green Street and west of Boundary Street. The City of Darien through its governing body is authorized and empowered to sell and convey the said described portions of said square and streets to the Board of Education of McIntosh County, Georgia, for One Dollar consideration. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved January 30, 1946. DALTON CITY CHARTER AMENDMENT No. 498 An Act to amend the Charter of the City of Dalton by providing for incorporating into and as a part of said

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City certain territory contiguous to the corporate limits of said City of Dalton, so that the corporate limits of the City of Dalton shall be the circumference of a circle, described from the center line of the freight depot of the Western and Atlantic Railroad, in said City, as a center, with a radius of one and one half (1) miles in length; to provide for a referendum in the territory to be annexed; to repeal any Act or Acts in conflict with this Act; and for other purposes relating to the extension of the limits of the City of Dalton. 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 several Acts heretofore passed by the legislature creating the charter for The City of Dalton, (Acts 1849-1850) and the several Acts amendatory thereto, are hereby amended as follows: Acts 1849-1850 Creating Charter, City of Dalton, Amended Section 2. Be it further enacted by the authority aforesaid, that the Charter of The City of Dalton be, and the same is hereby further amended to provide for incorporating into and as a part of the City of Dalton certain territory contiguous to the corporate limits of said City of Dalton, so that the corporate limits of the City of Dalton shall be the circumference of a circle, described from the center line of the freight depot of the Western and Atlantic Rairoad in said City, as a center, with a radius of one and one-half (1) miles in length, thus providing for an extension of the City limits one-half () mile in each direction for the City limits provided in the original Act incorporating the City of Dalton; subject to the further provisions of this Act. Corporate Limits Section 3. Be it further enacted by the authority aforesaid that the Charter of the City of Dalton be and the same is hereby amended so as to provide that all persons living within the territory sought to be annexed, and qualified to vote for members of the General Assembly of this State and County of Whitfield and who live within the territory sought to be annexed and who are and have

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been for thirty days immediately preceding said election to be called in said territory bona fide residents of said territory sought to be annexed as aforesaid and who have duly registered as hereinafter provided, shall be qualified to vote at the election ordered as aforesaid. Who Qualified to Vote Section 4. Be it further enacted by the authority aforesaid that the Charter of The City of Dalton be, and the same is further amended so as to provide that within sixty (60) days from the approval of this Act that it shall be the duty of the ordinary of Whitfield County to order an election in said territory sought to be annexed as aforesaid, to fix the time when said election shall be held, which shall not be less than ninety days from the date said election is ordered. Said election shall be held at the court house in the County of Whitfield. Election Section 5. Be it further enacted by the authority as aforesaid that said Charter of the City of Dalton be and the same is hereby further amended that it shall be the duty of the Ordinary when said election is ordered as aforesaid to appoint three freeholders from said territory sought to be incorporated, who shall be qualified voters to vote in said election to manage said election. Said managers duties shall be the same as prescribed by law for managers holding general elections. The polls at said election shall be kept opne the same length of time as is now prescribed for keeping open the polls in the general election in this State. Election Managers Section 6. Be it further enacted by the authority aforesaid that said Charter of The City of Dalton be, and the same is hereby further amended so as to provide that if any persons offering to vote in said election ordered and held as aforesaid is challenged he shall take the oath as now prescribed to wit: I am a bona fide resident of the territory sought to be incorporated, and have been for thirty (30) days next preceding this election. Oath of Voter Section 7. Be it further enacted by the authority aforesaid, that when the election is ordered as aforesaid it shall be the duty of the Ordinary to appoint three registrars for said election, and they shall open books at the

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court house for signatures of persons residing in the territory sought to be incorporated as aforesaid. Said books for registration shall be kept open for at least fifteen (15) days exclusive of Sundays before the said date fixed for said election, from 9 A. M. to 5 P. M. It shall be the duty of the Ordinary to fix the days on which said books for registration shall be kept open. The registration lists shall be consolidated within five days after the last day of registration, and ten days before said election and turned over to the Ordinary of said County. Registrars Section 8. Be it further enacted by the authority aforesaid and the same is hereby enacted that it shall be the duty of the Ordinary of Whitfield County to cause to be published in the newspaper in which the legal advertisements for said County are published, a notice of the election when ordered as aforesaid, which published notice shall give the time and place of holding said election, and it shall be published twice a month for two months prior to the date of such election. Be it further enacted that said Ordinary shall publish in said paper at least twice, a notice of the time and place for the registration of voters for such election. That said Ordinary shall provide all necessary material for carrying on said election. Notice of Election Section 9. Be it further enacted by the authority aforesaid and the same is hereby enacted that all persons voting at said election held as aforesaid 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 10. Be it further enacted by the authority aforesaid and it is hereby enacted that upon examination of the tally sheet by the Ordinary of said County, it shall appear that a majority of the persons voting at said election ordered and held as aforesaid, have voted in favor of incorporation, the said Ordinary shall declare the result by order entered on the minutes of the Court of

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Ordinary and transmit a copy of the same to the Mayor and Council of the City of Dalton who shall declare by resolution that said territory desires to be annexed to the City of Dalton, and thereupon the Mayor of said City of Dalton shall issue his proclamation declaring said territory incorporated into and as a part of the City of Dalton and upon the issuance of such proclamation such territory shall be a part of The City of Dalton if the Mayor and Council of The City of Dalton do not desire said territory incorporated, in that event the issue shall be submitted to the voters of The City of Dalton, as provided by the Charter of said City for special elections. Said territory so incorporated shall be laid off into wards and attached to the existing wards already existing in said City. Result Proclamation Wards Section 11. Be it further enacted by the authority aforesaid, that any person voting in any election held as hereinbefore set out without being registered as hereinbefore provided shall be guilty of a misdemeanor and on conviction shall be punished as prescribed in the penal code of this State. Penalty for Illegal Voting Section 12. Be it further enacted by the authority aforesaid that the Ordinary of Whitfield County shall keep an itemized account of all expenses incurred in said election and shall present the same to the City of Dalton, and the said expense of said election shall be paid by the City of Dalton. The compensation of the Ordinary shall be Fifteen ($15.00) Dollars, and managers and registrars shall be compensated as now provided by law for managers in General Elections, and County registrars. Expenses Election Section 13. Be it further enacted that if said territory is incorporated that the taxing authorities of the City of Dalton shall credit the city taxes of the owners of property within the newly incorporated area to the amount of all taxes required of such owners by law for the payment of interest and sinking fund on bonds previously issued for the building of school houses in the respective districts where such property was located at the time of the issuance of such bonds. Taxes of Newly Incorporated Area

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Section 14. Be it further enacted that this act does not repeal any act or acts, or provisions in the present Charter of the City of Dalton for the extension of the city limits of said city, but that this act is cumulative only. Act Cumulative Approved January 30, 1946. DAWSON CITY CHARTER AMENDMENT No. 538 An Act to amend the Charter of the City of Dawson, Georgia, and the several Acts amendatory thereof, to authorize the City Council of Dawson, or other governing authority of said City, to pass rules, regulations and ordinances, whereby the City of Dawson, Georgia, may be zoned for various uses, and to regulate the use or uses for which such zones or districts may be set apart, and to regulate the development and improvement of real estate in the City of Dawson, 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. That the Act approved August 7th, 1909, and all amendments thereto creating and establishing a Charter for the City of Dawson, Georgia, 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: Act Approved Aug. 7, 1909. Amended The City Council of Dawson, Georgia, or such other governing authority or authorities thereof as may hereafter be constituted, shall, in addition to any and all other powers now vested in them, have the power and authority to pass, adopt and enforce zoning and planning laws or ordinances with respect to said city, and shall power to prescribe and regulate the use for which such zones or districts, as may be set apart, fixed and established, shall be used and enjoyed by the owners of property therein, and the manner in which real estate in such zones or districts may be improved or developed, and to enact such laws,

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ordinances, rules or regulations with respect thereto as the general welfare, public health, or public safety shall authorize or demand. Additional Provisions Section 2. All laws and parts of laws in conflict with the foregoing be and the same are hereby repealed. Approved January 31, 1946. DEARING WATER WORKS No. 488 An Act to amend the Act approved August 13, 1910 (Acts 1910, pages 583-596) entitled An Act to incorporate the town of Dearing, in McDuffie County, and to provide a municipal government for the same, as amended by an Act approved August 18, 1919 (Acts 1919, pages 931-932) so as to enlarge the powers and authority of the Mayor and Council of said Town of Dearing, so that they shall be authorized and empowed to purchase, build, contract for, establish and maintain a system of water works, and a system of sewerage and drainage, to authorize the condemnation of property, both in and out of said town for use in building and establishing a system of water works and sewerage, and to authorize and impower said authorities to acquire by contract, purchase, gift, or donation lands, water privileges, easement, water supplies, franchises, materials and equipment, 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 13, 1910 (Acts 1910, pp. 583-596) entitled An Act to incorporate the Town of Dearing, and to provide a municipal government for the same, as amended by an Act approved August 18, 1919, (Acts 1919, pp. 931-932) be, and the same is, hereby amended so as to grant to the mayor and council addition powers as herein provided for. Act 1910 PP. 583-596 Amended Section 2. That from and after the passage of this Act, the mayor and council of the Town of Dearing, in McDuffie

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County, Georgia, in addition to the powers and authority already granted under the present charter of said Town, as amended, shall have full power and authority to purchase, build, construct, equip, contract for, establish and maintain a system of waterworks, and a system of sewerage for said Town of Dearing, and to that end shall have full power and authority to acquire by contract, purchase, gift, donation or condemnation proceedings, all necessary lands, easements, water supplies, franchises, material and equipment. Sewerage and Waterworks Section 3. That in the event said Mayor and Council of said Town can not procure by contract, purchase or gift the necessary land, rights of way of waterways, water supplies, for the construction and operation of a system of water works and sewerage, said Mayor and Council of said Town, and said Town shall have the right to exercise the power of eminent domain and to condemn such lands, easements, rights of way for waterways, sources of water supplies, rights of ways and sewerage lines, and franchises, both in and out of said Town of Dearing, in the manner and form as now or may hereafter be prescribed and provided for by law. Eminent Domain Section 4. That said Mayor and Council of said Town of Dearing shall have full power and authority to acquire by gift, contract, purchase, donation or condemnation in the manner aforesaid, all lands, easements or franchises, necessary for water basins and water sheds from which the public water supply may be obtained whether located in or out of said Town of Dearing. Power to Acquire Land for Water Basins Section 5. That the Mayor and Council of said Town of Dearing shall have the right to lay the necessary mains, pipes, conduits, and drains for water works and sewerage purposes, said rights to apply to the public highways of the County of McDuffie, and over and across and under the lands of persons and corporations, where such rights are obtained by contract, purchase, gift, donation or by condemnation upon payment of just compensation that may be agreed upon or assessed as now or as may hereafter be, provided by law. Right to Lay Mains

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Section 6. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved January 30, 1946. DECATUR CITY CHAPTER AMENDMENT No. 482 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 to empower said City to grant pensions and retirement benefits to officers and employees 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 Act establishing a new Charter for the Town of Decatur now City of Decatur, approved August 17th, 1909, and the several Acts amendatory thereof, be and the same are hereby amended so as to empower said City to grant pen ions and retirement benefits to officers and employees of said City, with certain exceptions and subject to certain conditions, to provide when said plan shall become effective; to provide for the maintenance of a fund from which such pensions and benefits shall be paid; to provide for contribution to said fund by said City, said officers and employees; to provide how and by whom said fund shall be handled and said pensions and benefits shall be paid; to provide that said fund and said pensions and benefits shall at no time be subject to garnishment, attachment or judgment, nor be assignable by beneficiaries; to provide that said City shall have full power to adopt all ordinances to regulate and make such systems of pensions and benefits effective; to provide when certain existing powers of the City relating to pensions shall become inoperative; and for other purposes. Act Approved Aug. 17, 1909 Amended Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the City of Decatur is hereby authorized to provide

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a system of pensions and retirement benefits for its officers and employees, and to that end to establish and maintain a pension and retirement fund, hereinafter known as the City of Decatur, Georgia, pension and Retirement Fund, which fund is to be made up of amounts to be deducted from the salaries of such officers and employees, together with appropriations to said fund made by the City, which said appropriations are hereby authorized. In providing by ordinances for the operation of said pension and benefit system, the City Commission of the City of Decatur may, in its discretion, make the system applicable to some departments or classes of officers and employees and not to others, but the rate of contribution to said fund by officers or employees of the same class shall be uniform. Authorization to Establish Pension and Retirement Fund Section 2. Be it further enacted by the authority aforesaid, that the pension and retirement fund herein authorized shall be a trust fund, and officers and employees of the City contributing thereto under ordinances to be adopted shall have vested interests in said fund. The fund shall be administered by a board of trustees, to be named by the Commission of the City of Decatur, the nember of trustees, their qualifications, terms of office and duties to be such as may be fixed by said Commission. In lieu of, or in conjunction with, a board of trustees, the Commission may, in its discretion, name as trustee for said fund a corporation, with its principal office in said city, authorized under the laws of Georgia to act as trustee. Said fund shall at all times be kept separate from any funds of any nature, and be plainly designed City of Decatur, Georgia, Pension and Retirement Fund. Said board of trustees, ir trustee, shall, from time to time, invest and reinvest said fund in the class of securities which are legal investments for trustees under the laws of Georgia. Sales of said securities may be made by said board of trustees, or said trustee, at public or private sale, with or without notice, and without order of court. Trust Fund Section 3. Be it further enacted by the authority aforesaid, that in order to share in the pension or retirement benefits to be provided pursuant to this Act, it is not necessary

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that an officer or employee have been or be in the service of the City for any particular length of time; but the amount to which an officer or employee shall be entitled under ordinances carrying this Act into effect shall be on an actuarial reserve basis, and in accordance with the amounts of the contributions to the fund made by the particular officer or employee together with contributions to said fund by the City. Who Shall Share in Fund Section 4. Be it further enacted by the authority aforesaid, that the pension and retirement fund herein provided for shall not be subject to attachment, garnishment or judgment, nor shall the interest of any person in said fund be assignable. Not Subject to Certain Legal Processes Section 5. Be it further enacted by the authority aforesaid, that the Commission of the City of Decatur is hereby authorized to determine the various types of pensions and benefits to be established and administered under this Act; to employ an actuary to aid in such establishment; and to adopt, from time to time, all ordinances that said City Commission deems necessary properly to establish, maintain and administer the powers herein granted, which said powers are to be liberally construed. Power to Determine Types of Pensions and Benefits Section 6. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved January 30, 1946. DECATUR CITY CHARTER AMENDMENT No. 483 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,

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now City of Decatur, approved August 17th., 1909, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Act Approved Aug. 17, 1909 Amended By striking all of Section 14 of the Amendment to said Charter, which Amendment was approved August 16th, 1920, and substituting in lieu thereof the following, to- wit: Section 14 of Amendment Stricken Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act, an Act to create a new Charter in the City of Decatur in the County of DeKalb, approved August 17th, 1909, and the several Acts amendatory thereof be amended by striking therefrom all of Section 11 of said Act as amended August 16th, 1920, and adding in lieu thereof the following, to-wit: Section 14. Be it further enacted by the authority aforesaid that the Mayor, and in his absence or disqualification the Mayor Pro Tempore, and in the absence or disqualification of both, any Commissioner that may be designated by the City Manager, shall act as Judge of the Police Court, provided, however, that the Commissioners of said City shall have the right at any time in their discretion to create and establish the office of City Recorder, elect a Recorder in and for the said City and fix the Recorder's salary and term of office; which term shall be for not more than two years; and from and after the creation of said office of City Recorder and the election of a Recorder in aforesaid City, the said Recorder shall preside over the said Police Court and the said Court shall not thereafter be presided over by the Mayor, Mayor Pro Tempore or any Commissioner of the City of Decatur excepting in the absence or disqualification of the said Recorder. In the event of such absence or disqualification any member of the City Commission designated by the City Manager may preside over said Court with full powers as the City Recorder. The said Commissioners shall have the right to elect as City Recorder any citizen of said City eligible to hold the office of Commissioner of said City. Said Recorder, when elected and qualified, shall have all the powers and authority conferred upon him as City Recorder

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as now exercised by the Mayor, Mayor Pro Tempore and City Commissioners of the City of Decatur under and by virtue of said Charter of the City of Decatur and the several Amendments thereof. Before entering upon the discharge of his duties as City Recorder the person elected and appointed shall take and subscribe the following oath before The Mayor or some officer authorized to administer oaths: `I do solemnly swear that I will truly, honestly and faithfully discharge the duties of the office of City Recorder of the City of Decatur to the best of my ability without fear, favor or partiality and that I will faithfully and impartially perform and discharge all duties which may be required of me as City Recorder of the City of Decatur to the best of my knowledge and ability and understanding agreeably to the laws and Constitution of the United States and of the State of Georgia and the Charter and Ordinances of the City of Decatur. So help me God.' Provided further that the City Commissioners of the City of Decatur shall have the right to abolish the office of City Recorder, and in the event said office of said City Recorder is established and thereafter abolished then and in that event the said Police Court shall be presided over by the said Mayor, and, in his absence or disqualification, by the Mayor Pro Tempore, and in the absence or disqualification of both, by any Commissioner of said City that may be designated by the City Manager of the City of Decatur. New Sec. 14 Section 2. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 30, 1946. DECATUR CITY CHARTER AMENDMENT No. 588 An Act To amend Section 38 of the Act approved August 17th., 1909, creating and establishing a new Charter and municipal government for the Town of

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Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof so as to provide for a minimum assessment of $1.00 on each side of the streets along which sewers are constructed, for Constructing said sewers. 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 38 of the Act approved August 17th., 1909, creating and establishing a new Charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof be and the same is hereby amended by striking the words, not more than 75 cents in the fifth and sixth lines of said Section inserting in lieu thereof the words, not more than $1.00; also by striking the words in the twentieth and twenty-first lines of said Section, not more than $1.50 and inserting in lieu thereof the words, not more than $2.00; also by striking the words, Mayor and Council in the first and second lines of said Section and inserting in lieu thereof the words, City Commissioners; also by striking the words, Mayor and Council in the thirteenth line of said Section and inserting in lieu thereof the words, City Commissioners so that the first two sentences of Section 38, as amended, shall read as follows: Sec. 38 of Act Approved Aug. 17, 1909 Amended SECTION 38. Be it further enacted, That the City Commissioners shall have full power and authority to lay down and construct and repair sewers, and a sewerage system, in said town, including the disposition of sewerage matter, and to assess a sum of not more than $1.00 per lineal foot for constructing such sewers, upon the property and estates respectively abutting on said sewer on each side of the street along which said sewer is laid or constructed, and in consideration of the payment of said assessment, the owners of said property or estates shall have the right to have their drains from their abutting property connected with said sewer at their cost and under such rules and regulations as the City Commissioners may prescribe by ordinance. In

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case any sewer is laid down or constructed through or over any private property, along the course of any natural drain or otherwise, a like assessment as above named shall be assessed upon such abutting property on each side of said sewer, for every lineal foot, making in all not more than $2.00 for every lineal foot to be assessed upon such property through which sewers are constructed as aforesaid; provided, that when one and the same party owns the land on both sides of the sewer constructed through his property, he shall be assessed for only one side thereof, and in consideration of the payment of said assessment, he or she or they shall have the right of connecting their drains from such abutting property with such sewers, as above provided in cases of street sewers. New Sec. 38 Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved January 31, 1946. EAST POINT CHARTER AMENDMENT No. 580 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, to provide for a retirement plan for city employees, to provide a retirement fund within said plan, and to provide for payment by city employees into said fund, and for contributions into said fund from the city treasury 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 there is hereby created a System of Retirement for employees of the City of East Point, and benefits to such employees due to any accident or illness resulting from occupational hazards, a method for providing

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a fund for the payment of all such benefits, which shall be deposited with the Clerk of the City of East Point who shall be the custodian thereof and who shall keep said fund separate and apart from other funds of said City, and which funds shall be used exclusively for the purposes provided for in this Act, and shall be collected, administered,and disbursed according to the provisions of this Act. Creation of Retirement System Section 2. From and after the passage and approval of this Act the City of East Point shall levy each payday upon the salaries or per diem of each and every employee of said City to benefit hereunder a tax of 4% of the salary or per diem due and payable up to and including $200.00 per month, and nothing for salaries or per diem in excess of $200.00 per month, which tax shall be deducted from the salary or per diem of each employee by said City and paid over to the Retirement Board hereinafter provided for. In like manner said City shall, through its City Council, appropriate, from the funds of said City and pay into the retirement fund hereby created, a sum of money equal to the aggregate amount of said tax levied on said salaries and per diem of all the employees affected hereby, and in addition thereto said City shall appropriate and pay the sum of $10,000.00, in said fund at its beginning, and shall thereafter underwrite any deficit which may show up in the fund from time to time. How Funds Derived Section 3. Any funds on hand in excess of those required for immediate use, may be invested by said Board hereinafter provided for in United States Bonds, State of Georgia Bonds, or in any form of security in which it is lawful for guardians to invest their wards' money under the laws of this state. Investment of Funds Section 4. The general administration and responsibility for the proper operation of the System of Retirement and for making effective the provisions of this Act, is hereby vested in a Retirement Board of Trustees consisting of the Mayor and one alderman selected by the City Council of East Point, the City Clerk, one employee to be chosen by majority vote of the city employees affected

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hereby, assembled for such purpose and presided over by the City Clerk who shall certify the alderman and elected member, and a fifth member to be selected from among the private citizens of said City by the aforementioned four. The terms of office for the Board member elected by employees and the private citizen member chosen as above provided shall each be for a term of two (2) years and until a successor has been selected and qualified. Administration System Terms of Office for Board Members Said Retirement Board shall establish reasonable rules and regulations for the purpose of administering this Act. Rules Established by Board Any employee dissatisfied with the action of said Retirement Board shall have the right to appeal to a jury in the Superior Court of Fulton County within thirty days from the date of such action by said Board, but such employee shall defray all expenses of appeal from any action taken by said Board. Appeal Section 5. If a vacancy shall occur in the office of Board Member, the vacancy shall be filled for the unexpired term within thirty days, and in the same manner as the office was previously filled; provided however that the actions of the remaining members of the Board shall in the meantime be binding in all business which they may transact as a board. Vacancy in Board Section 6. The members of the Retirement Board shall serve without compensation. No Compensation for Board Section 7. Each member of the Retirement Board shall before assuming office take and subscribe to an oath of office and file of record a copy of the same with the City Clerk of said City. The oath of office shall state in substance. That so far as it devolves upon me as a member of the Retirement Board of the City of East Point I will diligently and honestly administer the affairs of said Board, and will not knowingly or wilfully violate or permit to be violated any of the provisions of the law applicable to the Retirement System. The oath may be taken and subscribed to before any officer authorized by law to administer an oath. Oath of Members of Board Section 8. It shall be the duty of all Board Members to

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attend all Board meetings but three members shall constitute a quorum which shall have power to compel the attendance of absent members. Any action concurred in by any three members of said Board present at any regularly held or specially called meeting shall be binding. Meetings Section 9. Monies shall be withdrawn from the fund created by this Act only by checks drawn by any three persons selected by a majority of the members of the Retirement Board, and in amounts authorized by a majority of said Board members within the provisions of this Act. Funds, How Withdrawn Section 10. Retirement Eligibility. (a) To be eligible for retirement an employee must have attained the age of 65 years or must have been an employee of said City an aggregate of thirty years and must have paid into the Retirement Fund the required percentage of his salary or wages for at least five years, except as provided in paragraph (d) of this section. Retirement Eligibility (b) No person employed by said City on the day of the passage hereof shall be compelled by the Retirement Board to retire until said person has reached the age of sixty-five years. Age (c) Any person who will have completed thirty years of service with said City at the time of the passage of this Act but who has not become sixty-five years of age before January 1, 1946, shall be required to work five years longer unless the sixty-fifth birthday of such person is reached during the five year period, or unless such person becomes totally or permanently disabled. Those Not 65 (d) Any employee who is at the time of the passage of this Act already sixty-five years of age or over can participate in the Retirement Plan by continuing to work an additional five years and making the regular contributions to the Fund, or may be retired and receive such retirement income as the contributions or appropriations by th City Council of East Point to the Fund, on his or her behalf, will permit; provided such employees' benefits hereunder shall be in the same amounts such employee would have received had he been contributing to said

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fund forfund for five years before his retirement. Those Over 65 (e) Any employee of said City may be permitted to work beyond age 65 if he or she so desires upon submission of satisfactory health certificates and approval by the Board. In such cases the joint contributions to the Fund shall continue and the amount of monthly pension shall be increased proportionately at the age selected for retirement. Desire to Work Beyond Age of 65 Section 11. Retirement Benefits. (a) Any employee retiring under the provision of this Act shall receive monthly benefits for the remainder of life in a sum equal to not more than $100.00 per month based upon a monthly salary at retirement age of not more than $200.00 per month; provided the employee has completed thirty years of service. For salaries of under $200.00 per month the amount of monthly pension shall be one-half of the salary received at retirement age be $100.00 per month and thirty years of service has been completed the amount of the monthly payment for life will be $50.00. If the employee has not, at the time of retirement, completed an aggregate of thirty years of service to the City of East Point then the Retirement Board shall cause to be paid to said employee a monthly sum equal to the same percentage of the retirement monthly payment set forth above for thirty aggregate years of service at retirement that his years of service mear to thirty years. For illustration, if the monthly retirement for life based upon thirty years of service is $100.00 and the retiring employee has had an aggregate of only fifteen years of service the monthly income for life would be $50.00. Said benefits shall be paid to said retired employee from the Retirement Fund herein provided for on the first day of each calendar month until the death of said employee. Retirement Benefits (b) The Retirement Board in its discretion may provide for the payment of monthly benefits in case of total or permanent disability of an employee due to accident or disease resulting from occupational hazard. The amount of such benefits and their duration shall be fixed

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by the Retirement Board. The monthly payments however shall not exceed the maximum amount fixed in paragraph (a) of this Section at retirement age. Disability (c) Should an employee die without actually receiving any cash benefits hereunder the amount he or she has contributed to said Retirement Fund, less five percentum, shall be paid to his heirs at law, or to any person, firm, or corporation designated by such employee in writing before his or her death, or to his personal representative. Death Without Cash Benefits Received (d) Should a retired employee die without having received in retirement benefits a sum equal to the amount he or she has paid into the Retirement Fund, then the difference between the amount paid into the fund by the employee and the amount received by the employee in benefits shall be paid in regular monthly installments or in a lump sum, at the discretion of the Board, to the heirs at law of said deceased employee or to any person, firm, or corporation designated by such employee in writing before his or her death, or to his personal representative. (e) Should there be more than one heir at law of a deceased employee entitled to benefits, or should one or more heirs at law be not sui juris, the Retirement Board 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. Designation of Person to Receive Benefits Section 12. Any employee leaving the service of the City of East Point for any reason other than retirement by the Retirement Board of Trustees, shall be refunded the actual amount of money he or she has paid into the Retirement Fund, less five percentum, which said five percentum shall remain in said fund; provided, however, that any employee who leaves the service of the City of East Point and withdraws the amount of his contributions to the Retirement Fund as in this section provided and subsequently returns to the employment of said City shall not receive credit for the time of service represented by such withdrawal until and unless he shall have repaid said sum plus five percent thereof into said Retirement Fund. If Employee Leaves Service

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Section 13. Employees subject to the provisions of this Act shall be all regular employees, of the City of East Point, including the librarian and library employees, on a salary or per diem basis, such as firemen, policemen, clerks, mechanics and persons of skill. Occasional employees and day laborers may or may not be included subject to the rules established regarding them by the Board, but shall not include the Mayor or aldermen, or Recorder, City Attorney, City Physician or non-salaried members of any board, bureau or commission. Which Employees Subject to Act Section 14. Within sixty days from the passage of this Act the City of East Point shall appropriate and pay into the the Retirement Fund the sum of Ten Thousand Dollars plus a sum of money equal to the amount now in said Fund which has accumulated by voluntary agreement of City Employees since January 1, 1946. Appropriations by City Section 15. Immediately upon the passage of this Act the Retirement Board named, elected, and appointed shall qualify as herein provided and at once establish the service record of all employees of said City who are to participate in the benefits of this Act, and shall designate a person to keep and maintain records thereof together with records of all monies received and disbursed. Said Retirement Board shall fix the salary of such designated person, if a salary is to be paid, and the same shall be paid out of the Retirement Fund upon proper check in like manner as other payments from such fund. Functioning of Board Section 16. Notwithstanding any other provision of this Act no one employed by said city on or after January 1, 1946 shall be affected by or participate in said Retirement System if he or she is over 40 years of age on the date of employment, except occasional employees, temporary day laborers, and professional employees. Which Employees Not Affected Section 17. None of said Retirement Funds and nor any of the benefits under this Act shall ever be subject to garnishment, nor shall it be subject to assignment for any purpose. Section 18. No one not now employed by said City shall

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participate in benefits hereunder or be affected hereby except such as are employed on or after January 1, 1946 for the first time. Section 19. Persons on leave from their employment with said City by reason of their being in the armed forces of their country are included in the term employee as used in this Act, and on their return to their employment with said City promptly upon their discharge from military service such employees shall pay into said retirement fund an amount equal to 4 per cent of the salary at which they return to work upon an amount equivalent to the sum they would have received as salary from January 1, 1946, and said City shall pay an equal amount into said retirement fund, so that such returning employee shall stand on the same footing as employees on whose salaries the 4 per cent tax has been levied and collected and paid into said retirement fund. Such returning employees shall be allowed to catch up their contributions to said retirement fund under and in accordance with such reasonable rules and regulations as may be adopted by said Retirement Board, and it shall be the duty of said City to deduct such amounts from such returning employee's salary and pay over to said Retirement Board from time to time as may be provided for by rule, order, or regulation of said Retirement Board in order to catch up the amounts due such Retirement Fund by such returning employee. Those in Armed Forces Section 20. That the charter of the City of East Point be and is hereby amended as provided in this Act. Section 21. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 31, 1946. FITZGERALD CITY CHARTER AMENDMENT No. 549 An Act to amend an Act amending and revising the Charter for the City of Fitzgerald and entitled: An Act to

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amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor, approved August 22, 1907, and the several acts amendatory thereof, and and for other purposes. Approved August 17, 1914 and the several Acts Amendatory thereof and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the existing charter of the City of Fitzgerald as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and the same is hereby, amended by adding to said charter a new section to be known and designated as Section 110 and to read as follows: Acts of 1907 and 1914 Amended Addition of New Section Section 110. That the Mayor and Council of the City of Fitzgerald, or such governing authority or authorities thereof as may hereafter be constituted, shall have power and authority by ordinance to pass zoning and planning laws whereby the City of Fitzgerald may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the use for which such zones or districts may be set apart, and regulating the plans for development and improvements of or on real real estate therein, and to enforce such laws, ordinances, rules or regulations and provide punishment for violation thereof. Section 110 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 January 31, 1946. ILA CITY CHARTER No. 523 An Act to amend, consolidate and supercede the several acts incorporating the City of Ila, in the county of Madison, State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation; to provide a municipal government therefor; to define

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the territorial limits of said town; to provide for the powers thereof; to provide for a Mayor and Council, and to define their powers and duties; to provide the punishment of violator of the ordinances of said town; and to define the special powers and duties of the Mayor; to provide for the election of a Mayor and Council, their oaths and terms of office, for their meetings and methods of filling vacancies therein; to provide for the appointment of election managers; their oaths and duties, and for their compensation; to define the method of holding all town elections, for the declaration of the results of such elections; to provide for the selection of a Mayor Pro Tem; to provide for the qualification of voters and electors in said town, and for the qualifications of the Mayor and Council; to provide for a permanent system of registration of voters; to provide for a board of registrars, their oaths, duties and compensation: to provide for appeals from decisions of town clerk refusing to allow person to register; to provide for a notice to person whose name is stricken from voters list and for a hearing on same; to provide for a Town Clerk and Treasurer, a Town Marshal, Attorney, and other officers, their oaths, bond, and for their compensation and their removal from office; to provide for a Police Court and its powers and for the trial and punishment of violators of the town ordinances therein; to provide for the arrest of violators of town ordinances, with or without warrant; to provide for the taking of appearances bonds, and for the forfeiture of the same; to provide for a town chain gang; to provide for appeals and certiorari from the Police Court and from the decision of the Mayor and Council in criminal cases; to require tax returns to be made by the citizens of said town and by persons owning property in same town: to provide for a board of tax assessors, their oaths, duties and compensation; to provide for double taxation where tax returns are not made; to provide for appeals from decision of board of tax assessors and hearing on same; to provide for the collection of taxes by execution; to provide for an ad

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valorem tax on property in the town, and to define its limits; to empower said town to widen its streets; to provide for the removal of obstructions from streets; to empower said town to require railroad companies to make and repair crossing in said town; to provide for the regulation of explosives and fireworks; to provide for the regulation of all trades, businesses, callings and professions, to provide for the registration of trades and businesses, and to authorize said town to require any person engaging in any trade, profession or business to purchase a license to do so; to provide for the revocation of such licenses; to provide for the licensing of pool tables and games, for the licensing of brokers and other trades and businesses; to provide for license ordinances and for the punishment of persons engaging in business who fail to obtain licenses; to provide for the regulation of animals and for the power to empound the same; to provide for the opening of new streets, and the right to condemn property for such purposes, to provide for the improvement of streets in said town; to provide for the cost of such improvements and for the assessments against abutting property therefor; to provide for the cost of curbing, drains and man-holes; to compel the connection of water and gas lines with town lines; to provide for the pro-rating of assessments; to provide for the improvement of sidewalks and the cost thereof; to provide for the procedure of improvement of streets and sidewalks; to provide for contracts for street improvements and for the bonds of contractors; to provide for the appraisal of cost of street improvements and provide for objections to appraisal of cost of street improvements and provide for a lien for street and sidewalk improvements; to provide for the issuing of executions of street and sidewalk improvements and the levy and sale of abutting property thereunder; and for the transferring of such executions; to provide for affidavits of illegality to street improvement executions and the trial of such; to provide for street improvements abutting State Property and political subdivisions

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thereof: to provide for bond elections for street improvements and for a tax to pay such bonds; to provide that assessments for street improvements to be paid in installments and for the lien of installment assessments; to provide for street improvement bonds which will not be an obligation of the town and for the payment of the same; to provide for the rank of liens of assessments for street improvements; to provide for a sewerage system for said town and for sewage and drainage assessments, for the taking of property for sewerage system, for the extension of such system, and for the making of sanitary lots; to authorize the town to maintain and operate a system of water works; and any other public utility; to provide for connection of all sanitary units and sewers and to provide penalties; to provide for a general policing and all police law; to provide for all matters and things necessary or proper or incident to a municipal corporation and inhabitants and well-being thereof; to provide for the passage of all necessary, proper or incidental ordinances, resolutions, regulations and orders; to provide for the extension of jurisdiction and territorial limits; to provide for condemnation of water rights; to provide for control of sewers and pipes in said town; to provide for the collection of sanitary taxes; to provide for a board of health and to define the powers and duties of such board; to provide for the removal and abatement of nuisances; to provide for the regulation and prevention of sale of intoxicating liquors; to provide for fire districts in said town and for fire regulations therein; to provide for vaccination, for the pest house and for the prevention of diseases; to provide for a town cemetery and its regulation, to provide for the power of the town to grant encroachments on public streets; to provide for a town prison; to provide for the suppression of vice and houses of ill fame; to provide for executions in favor of said town, and for the advertisement and sales of property thereunder; to provide for tax sales, deeds and executions; to provide for the form of accusations and affidavits; to provide

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for town parks, and for the regulations of trees in said town; to empower said town to require all male citizens between the ages of 21 and 50 to work on streets of the town, or to pay a commutation street tax in lieu thereof, and to provide for exemptions therefrom and for punishment for those failing to work streets or pay commutation tax; to p rovide for the regulation of trains and vehicles and their speed in said town; to provide for prevention of idleness and loitering; to provide for a town fire department; to provide for the collection of a tax on dogs; to provide for a code of Ordinances for said town; to require building permits before any building or structure can be erected in said town; to provide for the condemnation of private property, within and without the town, for public purposes; to provide for the issuance of bonds, for bonds elections and for the levy and collection of a tax to pay said bonds; to provide for the sales of town property by the Mayor and Council; to provide for the repeal of all prior Acts incorporating the City of Ila, and all acts amendatory thereof; to provide that if any portion of this Act be declared invalid by a court of competent jurisdiction, the same will not affect the remaining portions; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the City of Ila, located in the county of Madison, State of Georgia, be and are hereby incorporated under the name and style of City of Ila. Purposes of Act Corporate Limits, How Styled Section 2. Corporate Limits. Be it further enacted that the corporate limits of City of Ila, shall include the following territory, to wit: All the territory lying within a space of five hundred yards on each side of the Commerce and Danielsville Public Road, the beginning of which is marked by an iron stake driven into the center of said public road near the Northwest corner of the residence of Garnett Rice, and extending Eastward along said road

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twenty-one hundred yards; the corporate limits of said City forming substantially a parallelogram twenty-one hundred yards in length, from Westward to Eastward, and one thousand yards from North to South. Provided, that the Mayor and Council shall be empowered to extend the limits to three-fourth ([frac34]) mile, by ordinances, provided, further that this shall not be done unless two-thirds of the legally qualified voters of said city shall vote to extend the limits to three-fourth mile in a special election called by said Mayor and Council for that purpose, and in the event of such election all persons who are entitled to vote for members of the General Assembly of Georgia, who will be included in the new territory shall be allowed the privilege of voting and participating in said election and other qualified voters of said city. Territory Section 3. Be it further enacted, that from and after the passage of this act the inhabitants of the territory described in Section 2 of this Act, located in the County of Madison, State of Georgia, be and are hereby incorporated under the name and style of City of Ila, and said City of Ila, is hereby chartered and made a city under the corporate name of City of Ila, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State, or cities thereof, and all the rights, powers, titles, property, easements and hereditaments within or without its corporate limits now belonging to said City of Ila, as created by this Act: And the City of Ila as created by This Act may by its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its Mayor and Councilmen, such ordinances, by-laws, rules. regulations [Illegible Text] resolutions for the transaction of its business and the welfare and proper government of said city, as to said Mayor and Councilmen may seem best, and which shall be consistent with the laws of the State of Georgia and the United States. And the said City of Ila shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for

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any term of years, any property, estate or estates, real or personal, lands and tenements and hereditaments, and of whatever kind, and within or without the limits of said City and for corporate purposes said City of Ila, created by this Act, shall succeed to all rights of and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of said City of Ila and its Mayor and Councilmen as a body corporate as heretofore incorporated. Vesting of all Powers Incident to Municipal Corporations Section 4. Be it further enacted, that the municipal government of the City of Ila shall consist of and be vested in a Mayor and four Councilmen; that said Mayor and Councilmen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, railroad crossings, street railways, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery stables, sales stables, warehouses, sleeping apartments, restaurants, cafes, opera houses, theaters, picture shows, and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms, and all other places of amusements; storehouses, hitching places, markets, slaughter houses; garages, shops, mills, ginneries, factories, barber shops, soda founts, beer saloons, telegraph and telephone companies, gas, water, light and electrical cempanies, booths, stands, tents, stores, business establishments, filling stations, common carriers, all sales and displays in said town and all other matters and things whatsoever that may be by them considered necessary or proper or incident to the good government of said City, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said town, and for the preserving of peace, good order and dignity of said government; and said Mayor and Councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary and proper to preserve order, suppress crime and immorality in said City, not in conflict with the Constitution and laws of this State, and to prescribe punishment for the commission

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of different acts of crime and violations of any ordinances of said Mayor and Councilmen, said punishment to be in accordance with that allowed by this charter to be inflicted on vialotors of said ordinances. This enumeration of powers shall not be construed as restricted of said powers alone, but shall include all and every other thing and acts necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers. Governing Body Authority of Governing Body Section 5. Be it further enacted, that the Mayor shall be the chief executive officer of said City and it shall be his duty to preside at all meetings of the City Council; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said Council as may be authorized by municipal ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the Mayor and Council of said City are faithfully executed and enforced; to appoint and be an ex officio member of all committees; to see that all funds are preperly accounted for and that all revenues are properly and promptly collected; to inform the Council from time to time of the general condition of said City and its affairs and recommend such measures as he may deem necessary or expedient for the welfare of said City; to inspect or cause to be inspected by one or more of the Councilmen of said City the records and books of account of the officers of said City and see that they are properly and correctly kept to require such reports to be made by such officers, to the Council as he may deem proper; to see that order is maintained in said City and that its property and effects are preserved. The said Mayor shall exercise general supervision and jurisdiction over the affairs of the said City; shall have authority to convene the Council in extra session as frequently as he may deem proper to preside in the Police Court in the City of Ila, and is hereby given full authority to sit as a committing magistrate; to try all persons

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charged with violation of any ordinance of said City; and to impose sentences of punishment for such violations within the limits hereinafter provided; to punish for contempt of court before such Police Court or contempt of the Council by imposing such sentence or penalty as may be authorized by the ordinances of said City; to bind said City by signing any contract, obligation or other matter entered into and authorized by ordinance or resolution of the Council of said City, properly passed in accordance with the provisions of this Act; and to do acts and things as may be proper and necessary in the proper conduct of the affairs of said City and as may be hereinafter authorized. Mayor Chief Executive Officer General Duties of Mayor Section 6. Be it further enacted, that the present Mayor and Councilmen of said City of Ila shall continue in office until the second Saturday in January, 1947, and said Mayor and Councilmen shall exercise all the powers and authorities conferred upon the Council of said City of Ila, created by this charter, and on the first Saturday in January, 1947, a Mayor and four Councilmen shall be elected, as provided in the next Section of this Act. Term of Mayor Section 7. Be it further enacted, that on the first Saturday in January, 1947, there shall be elected for said City, by the qualified voters therein, a Mayor and four Councilmen, who shall serve for a term of one year, commencing on the second Saturday in January next after their election. On the second Saturday in January, after their election, the newly elected Mayor and Councilmen-elect shall meet in the City Hall or other designated place in said City and then and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as Mayor (or Councilman as the case may be) of the City of Ila for the ensuing term, and that I will faithfully enforce the charter and ordinances of said City to the best of my skill and ability, without fear or favor; so help me God. Should the Mayor or any Councilman be absent from said meeting, he or they shall take said oath of office

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as soon as possible thereafter. Said Mayor and Councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings, as the business of the City may require, which special or called meetings, shall be called by the Mayor in his discretion, to be convened as provided by the City ordinances. In the event that the office of Mayor, or any one or more of the Councilmen shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled by appointment and selection by the Mayor and Councilmen, in the case of vacancies in the Council and by the Councilmen in the case of a vacancy in the office of Mayor, and persons so elected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed twelve months. Elections Meetings Section 8. Be it further enacted that should the Mayor or any member of the Council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the Council, declared vacant and the vacancy filled as above provided. Office, How Vacated Section 9. Be it further enacted, that elections held under this charter and all elections in which any subject or question is submitted to the qualified voters of said City of Ila shall be managed by three managers, whom the City Council are authorized to designate, and any citizen of said City is eligible to be a manager who is eligible to be a manager of an election for members of the Generaly Assembly, and may act as manager of said town election, and said managers, before entering on their duties, shall take and subscribe before a justice of the peace, or some other officer qualified to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power; so help me God. Said managers shall keep or cause to be kept, copies of two lists of voters and two tally sheets. All voting in any

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election held in said city shall be by secret ballot and all electors shall be secure in their right to cast their ballot without annoyance from or by any person in or near any voting place, and to this end the Mayor and Council shall provide as many voting booths as may be necessary at said Town Hall or other designated place for the holding of any election. The polls shall be opened at eight o'clock in the morning and close at three-thirty P. M. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the Mayor and Councilmen. The Mayor and Councilmen shall determine and provide for the payment of managers of any election and of any clerk that may be necessary in holding any election for their services in holding such election, but such pay or compensation shall not exceed the sum of two dollars per day for each such manager or clerk. Elections, How Conducted Section 10. Be it further enacted, that the said managers shall certify two lists of voters and two tally sheets and shall place one list of voters and one tally sheet in the ballot box with the ballots and seal the same, and shall forthwith deliver the same to the Ordinary of Madison County, or his clerk. The other shall be placed in a package and sealed and forthwith delivered to the Clerk of said city, who shall safely keep the same, and it shall be the duty of the Mayor to call a special meeting of the Mayor and Councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said Clerk to deliver said package to the Mayor and Councilmen, who shall open the same and declare the results. The person receiving the highest number of votes for the respective offices shall be elected. In case of a tie between two or more candidates in any election for Mayor and Councilmen, or either of them, or other elective officers, a new election as between candidates thus tied shall be ordered by the Mayor and Councilmen within [Illegible Text] days after the result has been declared, under the same regulation list, and the person receiving the highest number of votes cast in said election shall be declared

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duly elected. Certifications of Voters Lists Section 11. Be it further enacted, that if the result of any election held in said city is contested, notice of said contest shall be filed with the Ordinary of Madison County within three days after said election, and upon the payment in advance by the conteestant, or contestants, to said Ordinary of Ten dollars, the said Ordinary shall within two days after he receives the same cause a copy of said notice to be served by the Sheriff or his deputy on the contestee, if such contest is for an office; and if the result of any election in which any question is submitted is contested then said Ordinary shall cause notice to be served on the Mayor of the City; said Ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days notice before the hearing. The contestor shall pay to the Sheriff, or his deputy two dollars in advance for service of notice of contest. Said notice of contest shall be set out therein plainly and distinctly the grounds upon which said results of election is contested; contestee may set up any cross grounds of contest. The contest may be heard at the Madison County Court House. Said Ordinary is authorized to hear and determine any contest, and the losing party shall pay all costs, for which said Ordinary is authorized to issue the usual execution. Contest of Election Section 12. Be it further enacted, that the Mayor and Councilmen at their first regular meeting in January, 1947, and annually thereafter, shall elect one of the Councilmen Mayor Pro Tem, who shall, in the case of absence or disqualification of the Mayor, or for a vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of Mayor upon taking the usual oath. Mayor Pro Tem Section 13. Be it further enacted, that all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed and demanded by the authorities of said City, and shall have resided in the City of Ila thirty days prior to the

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election at which they offer to vote, and shall have registered as shall be required by the registration laws of said City, shall be qualified to vote at any election provided by this charter. Qualifications of Voters Section 14. Be it further enacted, that no person shall be eligible for the office of Mayor or Councilman of said City unless he shall be a freeholder owning real estate in said City and having resided in said City six months immediately preceding his election and shall be a qualified voter in municipal elections for officers of said City, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said City. The name of no candidate for either Mayor or Councilman shall be placed on the ballot in elections for Mayor and Councilmen, unless such candidate shall file with the Clerk of said City, fifteen days prior to the election in which he desires to be candidate (legal holidays and Sundays excluded) his written notice that he desires that his name be placed on said ballot as a candidate either for Mayor or Councilman. Such written notice shall be in such form and contain such information as the Mayor and Council may provide by ordinance. No person shall be eligible for the office of Mayor or Councilman of said City unless such person shall file said above notice within the time above provided. Eligibility to Hold Office Section 15. Be it further enacted, that it shall be the duty of the Clerk, upon the first Monday immediately following any election in said City, either regular or special, to open a registration book for the registration of qualified voters of said City. Said book shall be kept open each and every day between the hours of eight o'clock, A. M., and six o'clock, P. M. (Sundays and legal holidays excepted) until twenty days prior to any regular or special election of said City, when said registration book shall be closed, and after which no person shall be allowed to register his name on said book until said book shall be again opened following such election. It shall be the duty of the Clerk, upon application in person and not by proxy, of any citizen who is qualified to vote for members

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of the General Assembly, who have paid all taxes of every character legally imposed and demanded by the authority of the town, and who upon the day of the election, if then a resident, will have resided in said town for thirty days prior thereto, to allow such person to register his name and color recording on said book besides the applicant's name, his age, occupation or business. Said Clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant administer the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in this County six months and in the City of Ila six months next preceding his registration, or that by the date of the next city election, if you are still a resident of the town, you will have fulfilled these conditions; that it is your intention to remain a resident of this town until the date of the next town election; that you are twenty-one years old; that you have paid all taxes due the City of Ila, and all poll taxes required by the laws of the State of Georgia except taxes for this year and that you have made all returns required of you by the ordinances of this City; so help you God. It shall be the duty of the Clerk to have written or printed the above oath on the front page of said registration book and to require the applicant for registration to swear to said oath and sign his name thereon, or by some one authorized to do so for him. However, no person registering in said book shall be required to again register as a qualified voter of said town so long as he remains a resident of said town, and does not disqualify himself by non-payment of taxes or otherwise, it being the purpose of this Act to provide a permanent system of registration for said town. Registration Book Oath of Registrant Section 16. Be it further enacted, that at the first regular meeting of the Mayor and Councilmen in January of each year, said Mayor and Councilmen shall select and appoint three registrars, who shall be registered and qualified voters in said city. It shall be the duty of the said registrars to make and prepare a list of the registered voters of said city and furnish same properly certified

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to the Clerk of said City, as hereinafter provided. Such registrars shall take and subscribe an oath to faithfully and impartially perform the duties devolving upon them as registrars; said oath shall be in the form prescribed by the Mayor and Council. The compensation of such registrars shall be fixed by the Mayor and Council, at the time of the selection and appointment of such registrars, but such compensation shall not exceed the sum of three dollars per day for each registrar, for the time actually spent in the performance of their duties as registrars. The term of office of such registrars shall be for one year. Selection of Registrars Compensation of Registrars Section 17. Be it further enacted, that the Clerk of the City of Ila shall close the registration book twenty days before any regular or special election, to be held in said City at five o'clock P. M. on such closing day and shall not permit any person to register after such time and until after such election shall have been held; and shall thereupon turn over said registration book to the registrars, who shall meet and make up, from said book a list of the qualified voters of said city, who are qualified to vote in such election; in making said list, the registrars shall exclude the names of all persons found to be not eligible to vote in such election or who have in any way, disqualified themselves as legal voters. The said registrars shall complete their work on such voters lists not later than five days prior to such election and certify said list to be true and correct and deliver same to the Clerk of the City of Ila, and the said Clerk shall certify that same has not been altered nor changed since being delivered to him and on the morning of the election to be held in said city deliver said list to the election managers, selected to hold such election, and no person whose name does not appear upon said list shall be allowed or permitted to vote in said election unless such voter shall produce a certificate signed by the registrars that his name was omitted from said voters' list by accident or mistake. Closing of Registration Book Section 18. Be it further enacted that all persons shall have the right to appeal from the decision of the Clerk,

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refusing any person the right to register; such appeal shall be made to the board of registrars within five days after the registration book shall have been closed prior to any election and said book delivered to said registrars and said board shall determine the eligibility of such person, persons, to vote in such election and the decision of said board shall be final. Appeal Section 19. Be it further enacted, that the board of registrars shall have full authority to purge all registration lists in said town of all illegal voters when said board makes up its list of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matter, and the name of no registered voter shall be stricken from the voters' list by said board unless such notice is given to such person whose name appears on the registration books, and upon such person, so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determine the eligibility of such voter or voters, and the decision of the board of registrars on such question shall be final. Service of said notice by leaving the same at the most notorious place of abode of such person or persons whose name or names appear on said registration book shall be sufficient service. If any such person or persons so notified, as above provided, fails to appear and offer any evidence as to why his name should not be excluded from said voters' list, the said board of registrars shall proceed to purge said voters' list of the name or names of such person or persons if they find such person or persons are disqualified to vote in said election for any cause. Purge of Illegal Voters Section 20. Be it further enacted, that at the first regular meeting of the Mayor and Councilmen in January, 1947, and annually thereafter, the Mayor and Councilmen shall elect a Town Clerk and Treasurer; said Treasurer to give bond with security in the sum of five-hundred

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dollars for the faithful performance of his duties; a Marshal who may be Chief of Police and as many policemen as in the judgment of the Mayor and Council shall be necessary; a City Attorney and such other officers as the Mayor and Councilmen shall deem necessary in the good government of the City. Each of said officers shall take such oaths; perform such duties and give such bonds as the Mayor and Councilmen may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the City of Ila. Said Mayor and Councilmen shall have the power and authority to suspend and remove said officers, in their discretion; and it shall be the duty of the Mayor and Councilmen to fix the salaries or compensation, of said Mayor and Councilmen, and all other officers, agents and employees of said town, which, when once fixed, shall not be increased during the term of office of the said Mayor, Councilmen or officers. However, the salary of the Mayor of said town shall not exceed the sum of fifty dollars a year; the salary or compensation of the Councilmen of said town shall not exceed the sum of fifty dollars per year; the salary or compensation of the Clerk and Treasurer of said City shall not exceed the sum of three hundred dollars a year; the salary of the Marshal or Chief of Police of said town shall not exceed the sum of one hundred dollars per month; the salary of all other policemen of said City shall not exceed the sum of sixty dollars per month each. All expeditures of the Mayor and Councilmen for town purposes shall be paid out of the city funds by an order drawn by the City Clerk, after the Mayor and Councilmen have allowed the same. The Mayor and Councilmen may, at any time, employ as many policemen for said city for such length of time as said Mayor and Councilmen may deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen to be fixed by the Mayor and Councilmen, as above provided, in accordance with the limitations thereon as fixed by this charter. Town Clerk and Treasurer Other Officers Salaries Section 21. Be it further enacted, that the Mayor and three Councilmen shall constitute a quorum for the

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transaction of any business before the body; and a majority of the votes cast shall determine questions before them; provided, that every question so determined or ordinance passed shall receive no less than three votes. On all questions before the said Council the Mayor or the Mayor Pro Tem, if he be presiding, shall be entitled to vote only in the case of a tie. The Mayor shall have the veto power and may veto any ordinance or resolution of the Councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four councilmen on an aye and nay vote, duly recorded on the minutes of the City Clerk; but unless he shall file in writing with the Clerk of said City his veto of any measure passed by that body, with the reasons for withholding his assent within three days from its passage, the same shall become a law just as if signed and approved by said Mayor, but he may approve same and the measure go into effect immediately. Quorum Veto Power Section 22. Be it further enacted, that the Mayor or in his absence or disqualification the Mayor Pro Tem., or in the case of the absence of both the Mayor and the Mayor Pro Tem., any Councilman of the City of Ila may hold and preside over a court in said city, to be called the Police Court, for trial of all offenders against the laws and ordinances of said City as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence and punish for contempt. Said Mayor, Mayor Pro Tem., or other person acting as such shall not have power to try an alleged offender without first having written charges preferred against him or her. Said court shall have the power to punish all violations of the charter or ordinances of the city by a fine not to exceed one hundred dollars, imprisonment in the town prison or in the county jail, having previously arranged with the county officers, not to exceed thirty days, or to work on the streets in the city chain gang, or such other public places as the Mayor or acting Mayor may direct, not to exceed thirty days; however, the punishment of confinement in the city or county jail and

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that of a sentence to work on the streets in the city chain gang shall not both be inflicted in any one case, and neither the punishment of confinement in the city or county jail, or that of a sentence to work in the city chain gang on the streets of said city shall be inflicted except as an alternative upon failure or refusal to pay such fine as may be fixed by the Mayor or acting Mayor in addition to said above punishment such fines imposed by the Mayor or acting Mayor may be collected by execution. Police Court Power of Police Court Section 23. Be it further enacted, that the Mayor or Mayor Pro Tem, in case he shall be presiding, shall have the power in said Police Court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case and commit the offender or offenders to jail or bail them if the offense is bailable, by a justice of the peace under the laws of this State, to appear before the Superior Court of Madison County. Right to Commit Section 24. Be it further enacted, that the Mayor and Councilmen of said town shall have the power to authorize by ordinance the Marshal or policemen of said town to summons any or all bystanders to aid in the arrest of any person or persons violating any ordinances of said city, or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests Section 25. Be it further enacted, that it shall be lawful for the Marshal or any policemen of said city to arrest without warrant any person or persons within the corporate limits of said town who at the time of said arrest or before that time have been suspicioned of violating any ordinance of said city, and is at the time endeavoring to escape, and tto hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison or in the jail of Madison County, for a reasonable length of time. It shall be lawful for the Marshal or any policeman of said city to arrest without warrant any

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person or persons who shall be guilty of a violation of any of the laws and ordinances of the City of Ila, which violation takes place in the presence of the said Marshal or policeman. The Marshal and policeman of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. The Marshal and policeman of this city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the City of Ila; provided, when the arrest is not made within twenty-four hours after the offense is committed, said Marshal and policemen are not authorized to arrest the offender outside the corporate limits of said town, except in obedience to warrants signed by the Mayor, Mayor Pro Tem., or acting Mayor. The City Marshal or any policeman may take bonds for the appearance of any persons arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the Mayor or Mayor Pro Tem. Arrest Without Warrant Powers of Marshal and Policemen Section 26. Be it further enacted, that the Mayor and Councilmen of the City of Ila shall have power to organize one or more chain gangs or work gangs and confine therein persons who have been sentenced by the police court of the City of Ila, to work upon the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gang, and to enforce same through its proper officers. Chain Gangs Section 27. Be it further enacted, that the Mayor or the Mayor Pro Tem., when any person or persons are arraigned before the Mayor's or Police Court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said town, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, the bond may be forfeited by the

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Mayor or Mayor Pro Tem., and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi at least two days before the hearing of the said rule nisi. The Mayor, Mayor Pro Tem., or acting Mayor shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding, declared forfeited to the City of Ila. Continuance of Hearings Bond Section 28. Be it further enacted, that any person convicted before the Mayor, or other presiding officer of the Police Court, may enter an appeal from the judgment of said Court to Board of Councilmen; provided the appeal be entered within two days after the judgment complained of is pronounced; and provided further, defendant gives bond to abide the final judgment of the case, which bond must be approved by the Clerk or Marshal. The said Councilmen shall as early as practicable thereafter, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; that is, de novo. They shall have the power,if they find the defendant guilty, to decrease the fine imposed by the Mayor and may increase it in their discretion. Any person convicted by the Councilmen on the appeal shall have right to certiorari to the Superior Court of Madison County, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment tendered in the case; and provided, further, nothing in this section shall prevent the defendant who desires to appeal his case as above provided, or to certiorari the same to the Superior Court, and provided further, the applicant failing to give bond and security may, in the discretion of the Mayor, be placed in the city prison or county jail to await the final judgment of the appeal above mentioned. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said city before the Mayor's of Police Court, from certioraring the proceedings directly to the Superior Court. Appeal

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Section 29. Be it further enacted that all persons owning property in the City of Ila shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal, subject to taxation by said city, as of April 1st of each year; and the books for recording same shall be open on April first and closed on June first of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Tax Return Section 30. Be it further enacted, that the Mayor and Councilmen of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting in March, shall elect three upright freeholders residing in said city, who shall be citizens and qualified voters of said city, said freeholders owning real estate in said city, as a board of tax assessors of said city. The Mayor and Councilmen shall fix the per diem compensation of said tax assessors, which shall not exceed the sum of two dollars per day for each tax assessor for each day actually spent in the performance of the duty of such assessor. Vacancies on said board may be be filled by the Mayor and Councilmen as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessors to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her or its real estate or personal property, as hereinafter required by the first day of June in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. Said board of tax assessors shall make a return of

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their work within thirty days after the close of the books for receiving returns, unless additional time is granted by the Mayor and Councilmen; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessment, and they shall cause notice to be given to all persons whose property valuation has been raised or doubled taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five days before said hearing to a non-resident tax payer, with postage prepaid to his last known address, shall constitute legal notice to him. Board of Tax Assessors Duties of Such Board Notice of Raised Property Valuation Section 31. Be it further enacted, that any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right to appeal from the same to the Mayor and Councilmen of said city. Provided, said appeal be filed in writing with the Clerk of said city within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said Mayor and Councilmen at their next regular meeting, unless continued for cause, and their decision shall be final. The Mayor and Councilmen of said city shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Appeal from Assessment Section 32. Be it further enacted, that the Mayor and Councilmen shall have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Collection of Taxes on Property not Returned

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Section 33. Be it further enacted, that the Mayor and Councilmen of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the Clerk and bear test in the name of the Mayor of said city; and the Marshal or other police officer of said city, the Sheriff, deputy sheriffs, and the constables of said State shall have authority to execute same by levy and sale as hereinafter provided in this charter. Tax Executions Section 34. Be it further enacted that for the purpose of raising revenue for the support and maintenance of the government of said City of Ila and for the ordinary current expenses thereof, the Mayor and Council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes, bonds and other evidence of debt, money used in banking and every other species of property in said city owned or held therein, of not exceeding two dollars ($2.00) on the hundred (100) worth of taxable property, exclusive of the taxes for public schools as now authorized by law; provided that the Mayor and Council shall have the right to increase the ad valorem tax not to exceed five dollars ($5.00) on the hundred (100); and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may issue hereafter, by said town authorities and to provide a fund for the payment of annual interest on said bonds a greater ad valorem tax may be livied and collected. Said Mayor and Councilmen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, in accordance with the provisions of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that said Mayor and Councilmen may provide for the retirement and liquidation of any bonded indebtedness of said city, both principal and interest annually, by the assessment, levy and collection of a sufficient amount of money to retire and liquidate

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said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund, if said Mayor and Council so desire. Ad Valorem Taxes Section 35. Be it further enacted, that the Mayor and Council of the city of Ila shall have full control over the streets, sidewalks, alleys and lanes of said city, and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the streets, sidewalks, [Illegible Text], alleys, squares and lands of the city of Ila, and the grading of the same; to open up any street and alleys and to have full power and authority to condemn property for such purposes; provided, however, that no private property shall be taken by the city of Ila without the compensation being made, the method of procedure for the condemnation of property being the same as provided for in the laws of Georgia in condemnation proceedings. Said Mayor and Council of the City of Ila shall have full power and authority to remove or cause to be removed, any buildings, posts, steps, fences, or any other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public squares of said city. Upon failure of the person or persons placing walks, avenues or public squares, or the abutting property owner, and an execution may be issued therefor in such manner as may be prescribed by ordinances. Said Mayor and Councilmen shall have full power and authority to regulate (except as such power may be restricted by an existing general law) the use of the streets, sidewalks and public grounds for signs, sign posts, awning, telegraph, telephone poles, racks and for carrying banners, hand-bills and placards on the streets and sidewalks and public places of said city: and where any telephone, telegraph, power or electric poles have become a nuisance and interference with traffic or travel on the streets, avenues, alleys, sidewalks or other public places of the city, also to compel any telegraph, telephone company, power or electric company having previously erected such poles and wires in said city to remove same to any reasonable location designated by the Mayor and Councilmen, and in case said telegraph,

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telephone, power or electric company shall fail to remove same within thirty days after having been fully notified to do so, said city shall have the right to remove same at the expense of said company, and collect the cost of such removal from such company by execution. The Mayor and Council shall have full power and authority to regulate the use of the streets of the City of Ila for business purposes and no person, firm or corporation shall have the right to use the streets of said city of Ila for business purposes without first having obtained the consent and license of the Mayor and Council of the city of Ila, provided, that such consent and license shall not be required of farmers using the streets of the City of Ila in selling and disposing of agricultural, grove, orchard, poultry, dairy, and other products grown, raised, and produced by them on farms operated by them. Control of Streets Section 36. Be it further enacted, that the City of Ila is authorized to own and operate a system of water works for supplying water for all purposes to all persons resident in said city, and to other persons as may be provided by ordinance. The Mayor and Councilmen shall have full power to make all rules and regulations for the management and operation of said water plant and to fix from time to time the rates charged for water with the right to classify said rates. Said Mayor and Councilmen shall have the power to enforce payment for water and shall have the right to require reasonable deposits as well as the power to discontinue service until all amounts due by the consumers whose service is discontinued and until such consumer shall have paid the penalty prescribed. Water Works Section 37. Be it further enacted, that said City of Ila shall also have power and authority to own, operate and control and regulate for the best interests of said city any other public utility, whether the same be electric light and power system, gas system, or any other public utility, of whatever kind or nature, and said city shall have full power and authority to condemn private property for such purposes, in accordance with the laws of this State, and to do all other things and acts necessary for the establishment and operation of such a system and public

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utilities, and to pass any and all ordinances necessary for the establishment, operation, regulation and control of such system and public utilities. Public Utilities Section 38. Be it further enacted, that the Mayor and Councilmen of said city shall have full power and authority to require any railroad company running railroads through said city or any portion of it, to make and repair such crossings on their several roads whenever and in such manner as said Mayor and Councilmen may deem necessary. Repair of Crossings Section 39. Be it further enacted, that the Mayor and Councilmen of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar pitch, rosin, coal, benzine, naptha, nitroglycerine, turpentine, cotton, petroleum, kerosene, oil, gasoline, dynamite or other combustible or explosive material or substance within the limits of said city; and to regulate the use of lights in stables and shops and other places or building bonfires; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, skyrockets, Roman candles, firing of guns, pistols, anvils and every kind of gaming or hunting within the corporate limits of said city. Right of Inspection for Storage Facilities of Explosives Section 40. Be it further enacted, that said Mayor and Councilmen shall have full power and authority to require any person or firm, company or corporation, whether non-resident in said city who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, trade, vocation, business or profession annually, and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling, trade or profession, such amounts as the Mayor and Councilmen may provide by ordinance. Said Mayor and Councilmen may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinances to pay

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said taxes, or take out said license for same, who engage in or attempt to engage in such business, profession or occupation before paying such taxes or take out said license, or who fail to comply in full with all requirements of said ordinances made in reference thereto. Registration of Business Section 41. Be it further enacted, that said Mayor and Councilmen shall have full power and authority to license billiard tables, pool tables, ten-pin alley, and all tables kept and used for the purpose of laying, gaming, or renting, all ten-pin alleys, nine-pin alleys of any kind which are kept for the purpose of playing on, or for the purpose of running the same, all tables, devices, stands, music boxes, or places for the performance of any game or play, whether played with sticks, balls, or rings, or other contrivances, and to charge for said license such sums as they may be ordinance prescribe. License for Games of Chance Section 42. Be it further enacted, that said Mayor and Councilmen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendance as will insure fair dealing between them and their customers. Tax on Brokers Section 43. Be is further enacted, that the Mayor and Councilmen of said city shall have full power and authority to license, regulate and control all markets in said city, all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices, and such articles, all barber shops and beauty parlors, all oil mills, ice works, laundries, water works, all opera houses, theaters, picture shows, drays, hacks, taxis, wagons, automobiles used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant dealers, immigrant agents, all fire or life insurance companies doing business in said city, traders of all kinds, itinerant dealers in merchandise, itinerant dealers in jewelry and medicine except such as are exempted by laws of this State. Also any person running

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a flying-jinny, flying-horse, merry-go-round, bicycle or skating rink and all circuses, side-shows and all other shows or performances exhibiting in said city, and all persons, firms, companies or corporations selling goods, wares and merchandise by sample advertisement or retail, or by wholesale, and all other businesses, callings or vocations which under the Constitution and laws of this State are not exempt from licenses. Control of Markets, Etc. Section 44. Be it further enacted, that at the first regular meeting of the Mayor and Councilmen in each year, said Mayor and Councilmen shall pass and adopt, as hereinbefore provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades or vocations, which under the laws of this State are subject to municipal license, and fixing the amount of such tax or license, and may issue fi fa against the person subject to such license, which fi fa shall become and constitute a lien on all property liable for such license and shall have the same rank and be enforcible in the same manner as town ad valorem tax fi fas. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vacation for which a license is required by the City of Ila, without having first procured such license and complied with all other requirements of said City of Ila, relative thereto, shall be guilty of a violation of the city ordinance provided for such license or tax, and, upon conviction thereof, in the Police Court of said city, shall be punished as provided in this Act, and each day that such person, firm or corporation shall prosecute, carry on or engage in any such business, profession, trade or calling without having first procured said required license shall be a separate and distinct violation of said license ordinance; and prosecution under this section shall not be a bar to the issuance by said city of fi fas against said person, firm or corporation, and the levy and sale of property belonging to such person, firm or corporation thereunder, but may be in addition to the methods herein provided for collecting such tax or license. If any person, firm or corporation shall commence, begin or engage in

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any business, within the City of Ila, requiring a license, prior to May first of any year, the Mayor and Councilmen shall add the sum of twenty per cent of the total amount of such license to such license fee, as a penalty for failure to procure same before May first; and if any person, firm or corporation shall, after May first of any year, commence, begin or engage in any business, within the City of Ila, requiring a license and shall operate same for a period of thirty days without such license, the Mayor and Council shall then add the twenty per cent penalty above provided. The Mayor and Councilmen shall have full power and authority to provide by ordinance, for the classification of all businesses, and to fix the license or taxes to be paid by the different classes of business, and all other rules and regulations necessary and proper in the premises. License Ordinance Enforcement Section 45. Be is further enacted, that the Mayor and Councilmen of said city may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said City of Ila, and in case of such license shall be refunded. But no license shall be revoked without giving written notice to the person, firm or corporation holding such license, such notice stating the reason why such license is being revoked, and affording such persons, firm or corporation an opportunity to be heard on the question before said Mayor and Council, the said notice setting forth the time and place of the hearing on the revocation of such license. At said hearing the person holding said licenses, or the firm or corporation holding same, may submit to the Mayor and Council whatever evidence he may desire touching upon the question of the revocation of such license. The decision of the Mayor and Councilmen of said city, revoking any such license, shall be final. Revocation of License Hearing Section 46. Be it further enacted, that the Mayor and Councilmen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs,

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goats and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs and goats within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal or animals, when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such animal or animals so impounded, shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal or animals under such rules and regulations as may be prescribed by the Mayor and Councilmen. Prevention of Animals From Running at Large Section 47. Be it further enacted, that the Mayor and Councilmen of said city shall have power and authority to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any way change the street lines and sidewalks of the city and when the power and authority granted by this section is exercised by the Mayor and Councilmen, it may be done whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent in the manner provided by sections 36-301 to 36-307, inclusive, of the Code of Georgia of 1933, and the Acts amendatory thereof. The Mayor and Councilmen shall have full power and authority to remove or cause to be removed any building, steps, fence, gate post or other obstruction or nuisance in the public streets, lanes, alleys, sidewalks, or other public places in said city, and to enforce the provisions of this section by appropriate ordinances. Condemnation of Property Section 48. Be it further enacted, that the City of Ila, by and through its Mayor and Council, is hereby authorized and empowered to establish and change the grade of any street, sidewalk, avenue, alley, lane or other public place in the said City of Ila, and to improve any street, sidewalk, avenue, alley, lane or other public place or, any

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portion thereof in said city as hereinafter provided, by paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catch-basins and drainage pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Street Improvement Section 49. Be it further enacted, that one-half of the total cost of grading, paving, re-paving or improving a side-walk or any portion thereof in said city shall be assessed against the owners of the property abutting on the said sidewalk or portion thereof so paved, re-paved, improved or re-improved; and the other one-half of such cost shall be paid by said city; provided, however, that when said sidewalk in said city shall be paved, re-paved, improved, or re-improved along any street, avenue, alley, lane or other public place which is unpaved the curbing of such sidewalk when it is necessary to use curbing, shall be deemed and considered as a part of such sidewalk and the cost of the same shall be assessed against the abutting property on the basis provided for in this section. All corners of sidewalks in said city and the curbing thereon, shall for the purpose of assessment, be deemed considered as abutting on corner lots or tracts. Street Improvement Cost, How Assessed Section 50. Be it further enacted, that two-thirds of the total cost of grading, paving, re-paving or otherwise improving any street, avenue, alley, lane or other public place, or any portion thereof, shall be assessed against the owners of the property abutting on each side of the street, avenue, alley, lane or other public place, or portion thereof so paved, re-paved, improved, or re-improved the other one-third of such cost to be paid by said city, provided, however, that when any street, avenue, alley, lane or other public place in said city shall be paved, repaved, or otherwise improved, the curbing shall be deemed and considered as a part of such paving, re-paving, improving and re-improving and shall be assessed accordingly against the owners of abutting property as provided for in this section. All necessary drains, manholes, catchbasins, drain-pipes, including storm, water drainage and

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culverts, together with such engineering, surveying and grading as it may be necessary to do in or upon any streets, sidewalks, avenues, lanes, alleys, or other public places shall be considered as a part of such paving or improving and the cost of the same, together with any and all other necessary expense incurred thereby, shall be deemed and considered as a part of the total cost of such paving or the improving and shall be assessed accordingly against the owners of abutting property as provided for in this Act, provided, however, that the cost of the paving or improving of a street intersection shall not be assessed against abutting property owners but shall be paid by said city. Section 51. Be it further enacted, that said Mayor and Council of said City of Ila shall have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to cause to be put in renewed, replaced, changed, altered or constructed, all water, gas or sewer pipe connections to connect with and existing water, gas or sewer pipes in and underneath the sidewalks, streets, avenues, lanes and alleys and other public places where such public improvements are to be made and all costs and expenses for making such connections and renewals or replacements shall be considered as a part of the expenses of paving said streets, sidewalks, avenues, lanes, alleys and other public places, and shall be included and made a part of the general assessment to cover the cost of such improvement and shall be taxed against the owners of such abutting property. Water, Gas or Sewer Pipe Connections Section 52. Be it further enacted, that the assessment against each owner of abutting property under the provisions of this Act shall be pro-rated and the total amount of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvement on the streets, sidewalks, alleys, lanes, avenues or other public places directly in front of such owner of abutting property, so paved, re-paved, improved or re-improved. Assessment Pro-rated

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Section 53. Be it further enacted, that where a railroad company or other company, person or corporation has tracks on or across said street or sidewalks so paved or improved the company, person or corporation owning, operating or controlling the same under lease or contract shall be assessed for the cost of such paving, repaving, or improving of so much of said street or sidewalk that lies within such tracks and for the full width of two feet on each side of said track. Paving Assessments Section 54. Be it further enacted, that said City of Ila by and through its Mayor and Council, may grade, pave, re-pave, improve or re-improve, widen, change or extend any of the sidewalks of said city including necessary curbing, drainage or guttering, whenever in its judgment the public convenience and welfare may require such improvement, and said Mayor and the Council may by ordinance provide for such improvements without a petition being first filed therefor as is required by this act for the paving of streets, alleys, or other public places. It shall not be necessary, unless the Mayor and Council should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, re-paved, improved or re-improved in said city, where the said sidewalk is to be constructed along any unpaved street, avenues or alleys, but said city may cause the said work to be done on such sidewalks in any manner it may designate by ordinance without the letting of contracts therefor as is required by the provisions of this Act where a street abutting therecon is to be paved also, and the provisions of this Act as to assessments, and collection of same and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, repaved, improved or re-improved in connection with the paving, re-paving, improving or re-improving of an abutting street, however, bids shall be received therefor and contract let as is provided in this Act for paving of streets. Sidewalk Improvement, Etc. Section 55. Be it enacted, that no street, avenue, alley, lane or other public place in said city shall be paved, repaved, or improved until the passage of an ordinance authorizing the same, and no such ordinance shall be

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passed unless said Mayor and Council shall have first been petitioned in writing to pave, re-pave or otherwise improve the same by a majority of the persons, companies or corporations (or the owner or owners of a majority of the major portions of the front footage of abutting property) subject to assessment as provided in this Act for the cost of paving, re-paving, or otherwise improving the street, avenue, alley, lane or other public place, or portion thereof, proposed to be paved, re-paved or otherwise improved. Ordinance to Authorize Paving Section 56. Be it further enacted, that in determining the number of petitioners for any of the improvements under this Act each company or corporation shall be counted as one person and a majority in the interest of owners' undivided interest shall be counted as one person, provided, that in any case where the improvements are petitioned for the owner or owners of a majority of the front footage of abutting property such owner or owners shall be counted as a majority of the persons, companies or corporations subject to assessment for the improvement petitioned for. Determination of Number of Petitioners Section 57. Be it further enacted, that the ordinance authorizing the paving, re-paving, improving, or re-improving of any street, avenue, alley, lane, public place or sidewalk under provisions of this Act shall contain such information as shall be necessary to enable the preparation of the proper plans and specifications for the improvements proposed to be made; and pending the consideration for such ordinance an advertisement shall be inserted at least one time in the newspaper in said city which has a general circulation therein in which the advertisements for sheriff's sales in Madison County are published before the final passage of such ordinance, such advertisement giving notice of the introduction of such ordinance, the sidewalks, streets, avenues, alleys, lanes, public places or portions thereof to be paved, repaved, or improved, and it shall state that the property owners or other interested are notified to appear at a meeting of said Mayor and Council to be held at the time stated in said advertisement and make any objections

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that they may desire to urge against the passage of such ordinance. Said meeting may be held at the time for the regular monthly meeting of said Mayor and Council or at any time they may designate. Any number of streets, sidewalks, avenues, alleys, lanes or other public places, or parts therof, may be included in one ordinance, but any protest or objection shall be made as to each street, sidewalk, avenue, alley, lane or other public place or parts thereof, and each shall be treated and considered as a separate and distinct project. At the time named in said advertisement if any property owner or other person desired to make objections to the passage of such ordinance full opportunity shall be given at such meeting, and after hearing objections, if any are made, to the passage of such ordinance said Mayor and Council shall have the right to order such paving, re-paving or other improvements to be made, or they may decline to pass said ordinance. After the passage of such ordinance any person, company or corporation subject to assessment for the cost of such improvement who does not within ten days therefrom begin legal proceedings to prevent said assessment from being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment therein provided for may be made, and shall have also agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said Mayor and Council, and said ordinance shall have been held by the courts of this State to be conslusively valid and binding as against all such persons, companies and corporations subject to assessment as provided for in this act. At any time after the passage of such ordinance that Mayor and Council shall deem best they shall cause such improvements to be made. Contents of Paving Ordinance Objections Automatic Agreement to Assessment Section 58. Be it enacted, that said Mayor and Council may by ordinance provide such reasonable terms and conditions as they shall deem proper to impose with reference to the letting of contracts and the provisions thereof; and the said Mayor and Council shall by ordinance provide that the contractors shall execute to the City of

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Ila a good and sufficient bond, in an amount to be stated in such ordinance, conditioned for the full and faithful performance of the work and the performance of the contract and for the protection of said City of Ila and all property owners interested against any loss or damage by reason of the negligence of improper execution of the work; and may require a bond in an amount to be stated in such ordinance equal to at least twenty-five per cent of the cost of paving for maintenance and good condition of such improvement for the period of not less than five years from the time of its completion or both, in the discretion of the said Mayor and Council. Said ordinance shall also direct to Mayor and Clerk of said city to advertise for sealed proposals for furnishing materials and performing the work necessary in making such improvements. The notice shall be in such form as they may deem best, but shall state what, if any, bonds will be required to be executed by the contractor aforesaid, and shall state the time when, the place where such sealed proposals shall be filed and when and where the same will be considered by the Mayor and Council. Said notice shall be published once a week for two consecutive weeks in some weekly newspaper of general circulation in said city of Ila. The right is hereby expressly granted to the City of Ila to call for bids on different kinds of pavement at the same time, for the doing of the work with as many different kinds of pavement as they may stipulate. At the time and place specified in such notice the Mayor and Council shall examine all bids received, and without unnecessary delay award the contract to the lowest bidder for the kind of improvement and materials with which they decide the streets, sidewalks and other places shall be improved and who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said Mayor and Council as prescribed in such ordinance and notice for proposals. The said Mayor and Council shall have the right to reject any and all bids and readvertise for other bids when any such bid is not in its judgment satisfactory. Letting of Contracts Bids Section 59. Be it further enacted. That as soon as the

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said contract is let, the cost of such improvement (which shall also include all other expenses incurred by the city incident to said improvements, in addition to the contract price for work and materials) is ascertained, the said Mayor and Council shall by ordinance direct their Consulting Engineer, or if they so desire, may oppoint a committee, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on the said improvement as hereinbefore provided. Within fifteen days from the passage of such ordinance said Engineer, or committee, shall file with the Clerk of said city a written report of the appraisal and apportionment of such expense and cost, on the basis herein provided, to the several lots and tracts of land abutting on the said street, sidewalks, alleys, avenue, lane or other public place so improved. When said report shall have been returned and filed and the said Mayor and Council for said city shall oppoint a time for holding of a session of Council or shall designate a regular meeting of Council for the hearing of any complaints or objections that may be made concerning the said appraisal and apportionment as to any such lot or tracts of land abutting on said improvement as to any such lots or tracts of land abutting on said improvements, and notice of such session for the said hearing shall be published by the said Clerk of said city in one issue of some weekly or daily newspaper having general circulation in the City of Ila and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than fifteen days from the date of the publication of the said notice. The said Mayor and Council at said session shall have power to review and correct said appraisal and apportionment and hear objections to the same and to confirm the same either as made by said Engineer of committee or as corrected by said Mayor and Council. The said Mayor and Council shall thereupon by ordinance assess the cost of such improvements as provided in this Act. The assessing ordinance shall thereupon assert a lien upon each portion of the property

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abutting on such paving, repaving or improvement for the amount of the assessment against the owner thereof to date back to the approval of the original ordinance providing for such paving and declare the same as of the date said original ordinance was passed. Such special assessment and the interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the original ordinance providing for such paving co-equal with the lien of other taxes and prior to and superior to all other liens against such lot or tracts and such liens shall continue until such assessment and interest thereon shall be fully paid. Provided, that each and every separate lot or tract shall bear alone its proportionate percentage of the assessment and no lien shall attach to any lot or tracts for the assessment against any other abutting owner. Apportionment of Costs Section 60. Be it further enacted, That after the adoption of the ordinance provided for in Section 59 of this Act a written statement shall be furnished by the Clerk of the said City of Ila to each abutting owner, person, or corporation subject to be assessed as herein provided for, showing her, his or its pro rata part of such assessment and it shall be the duty of such person, company or corporation so notified to pay the said Clerk within thirty days after the receipt of such statement the entire amount of the assessment against such person, firm or corporation. The notice of assessments herein provided for shall be served personally upon each of said property owners and upon each agent of such company or corporation residing within the limits of said city, or by leaving said notice at the most notorious place of abode of such persons or agents, and where such owner or agent is a nonresident of said city it will be sufficient service if said notice or statement be mailed to said property owner or agent at the last post office address of said owner or agent known to said Clerk. In the event such owner or agent is not known it will be sufficient to serve said notice upon any person in possession of the property against which such assessment is made. Service of such

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notices or statements may be made either by the Clerk or by the Marshal of said city. Written Statement to Each Abutting Owner Section 61. Be it further enacted, That if any person or persons, company or corporation shall fail or refuse to pay to the Clerk of said City of Ila his, her or its assessment as required by this Act, at the experation of thirty days after the service of the statement as provided in the preceding section, said Clerk will be authorized to issue executions bearing test in the name of the Mayor and Council of said city and specifying the improvements for which it is issued against the owner and elso the property of such owner abutting on the sidewalks, streets, avenues, alleys, lanes or other public places, or portion thereof so paved or improved, which execution shall be a lien aaginst such property from the date of the ordinance authorizing such improvement and bearing interest at the rate of seven per cent. per annum from the date on which it was issued until paid. Said execution when issued shall be delivered to the Marshal of said city who shall levy the same upon the abutting real estate liable for such assessment and previously assessed for such improvements, and also after advertisement and other proceedings as in cases of sales for city taxes the same shall be sold at public outcry to the highest bidder; and such sales shall vest an absolute title in the purchaser subject to the right of redemption by the owner as is prescribed by the Code of Georgia of 1933 and Acts amendatory thereof, and said Marshal shall have authority to execute deeds to the purchaser when the property is sold and payment therefor is made, and to put the purchaser in possession thereof. At any such sale, the said City of Ila shall have the right to purchase any lands so sold as prescribed by the Code of Georgia of 1933 and Acts amendatory thereof. Execution for Failure to Pay Assessment Section 62. Be it further enacted, That the Marshal of said city when so ordered by said Mayor and Council shall be authorized to transfer and assign any executions issued under the provisions of this Act and thereby vest the purchaser of the transferee with the same rights as to enforcing said execution and priority of payment as

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might have been exercised or claimed by said city before said transfer, and the Town shall allow the use of its machinery of government for the collection of said executions. Assignment of Executions Section 63. Be it further enacted, That the passage of the ordinance for paving, re-paving, or otherwise improving the streets, sidewalks, alleys, lanes or other public places, or parts thereof, in said city, together with the ordinance assessing the cost of the same and asserting a lien against the property abutting thereon shall, when properly entered on the minutes of the Council, be notice of such lien from the date of the approval of such ordinance for such paving as full and complete as if the same were in the shape of an execution and entered on the docket of the Clerk of the Superior Court of Madison County, Georgia, under the general registration laws of this State. Notice of Lien Section 64. Be it further enacted, That any defendant in any such executions or owner of property against which the same is issued shall have the right to file an affidavit of illegality upon the ground that the same has issued, or is proceeding illegally, as provided by statute in cases of other executions, stating what amount, if any, is admitted to be due (which amount so admitted must be paid before said affidavit shall be received and said affidavit shall be received for the balance) provided, that any such defendant who has not within ten days after the passage of the ordinance authorizing such improvement begun legal proceedings to prevent the assessment for the cost thereof shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made and shall also have agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said Mayor and Council; otherwise the law relating to illegalities shall apply as in other cases. When the Marshal shall receive said affidavit of illegality as herein provided for, he shall return the same to the Clerk of the Superior Court of Madison County, Georgia, where it shall be tried at the first term of the court under the statute of this State that is applicable to

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the trial of illegalities and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to such affidavit of illegality shall have the right to appeal to the Supreme Court as in cases of illegalities originating from executions issued by the Superior Courts of this State. In the event any special assessment shall be found to be invalid or insufficient, in whole or in part, for any reason whatsoever, the Mayor and Council may at any time in the manner provided for by the levying of an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Affidavit of Illegality Section 65. Be it further enacted, That whenever the abutting land owners of any street, avenue, alley, lane or other public place petition to have the same improved as provided in this Act, and where the State, or any of its political subdivisions thereof, is the owner of property on any of said streets, the frontage so owned is to be countpense of paving, re-paving, improving or re-improving ed as if owned by an individual, and shall be likewise treated for the purpose of assessment, and where the State is the owner of the property the Governor is authorized to sign the petition provided for in this Act for and on behalf of the State; and where the county is the owner the Commissioner of Roads and Revenues of said Madison County is authorized to sign on behalf of the county, and where the City of Ila is the owner the Mayor of said city is authorized to sign for and in behalf of the said city. Where State is Owner Section 66. Be it further enacted, That the Mayor and Council of the City of Ila are authorized and empowered to call elections by the qualified voters of the said city, in accordance with the provisions of the laws of Georgia, at such time or times as said Mayor and Council may designate, to determine whether or not bonds shall be issued by said city for the purpose of providing funds to pay pro rata part, as designated in this Act, of the exany or all of the sidewalks, streets, alleys, avenues, lanes or other public places, or any portion thereof, in said city, for which said city would be liable under the provisions of this Act, and for the purpose of providing funds

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fo rthe paving or improving of street intersections and for the payment of the assessments against said city as provided for in this Act for which the city would be liable by reason of being the owner of land abutting upon any of the streets or sidewalks paved or improved under the provisions of this Act, and for the purpose of providing funds for any other expense for which the said city would be liable, either in whole or in part by reason of such paving or improving. Said bonds are to be issued under the general laws of the State of Georgia with reference to the issuance of bonds by municipalities and said Mayor and Council are authorized, empowered and required to levy and collect a tax annually, in addition to all other taxes authorized by law, upon the taxable property of said city, a sufficient tax and sum to meet, pay off and retire any such bonded indebtedness that may be incurred under the term o fthis Act, according to the manner of the issuance of said bonds, and according to the terms, stipulations and tenor of said bonds, providing the sum raised for this purpose shall be used for no other purpose whatever. Bond Elections Section 67. Be it further enacted, That if the said Mayor and Council should deem it fitting and proper, they may provide in said assessment ordinance for street improvements that said assessments against the different tracts of land so assessed for the paving, re-paving or otherwise improving of the streets, alleys, lanes and public places upon which such property abuts may be paid in ten equal installments, which shall bear interest at the rate of seven per cent, per annum until paid. Installment Payments Section 68. Be it further enacted, That, in the event that the Mayor and Council provide in said assessment ordinance for the paving, re-paving or otherwise improving of any streets, lanes, alleys, or public places in said city that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or re-improved shall be paid in ten equal installments, the first installment of said assessment, together with interest to that date upon the whole, shall be due and payable on the first day of September next succeeding

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the passage of said ordinance, and one installment with the yearly interest upon the amount remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on October first of the following year. Said ordinance shall also provide that the owners of property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of passage of said assessment ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest, within said period of thirty days to the treasurer of the City of Ila. First Installment, When Due Section 69. Be it further enacted, That in the event the said Mayor and Council deem it fitting and proper and so provide the assessment ordinance for street improvements that the assessments against property abutting on such streets, alleys, avenues, lanes or public places shall be paid in said installments, the said special assessments and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed in the same manner and to the same extent as hereinbefore provided in this Act in section 59 thereof, where provision is made declaring such street, improvement, assessments to constitute a lien against property so assessed when no provision is made for the payment of such assessment in installments. Each Installment to be Lien Against Land Section 70. Be it further enacted, That, in the event that the Mayor and Council provide in said assessment ordinance for the paving, re-paving or otherwise improving of any streets, lanes, alleys or public places in said city that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or re-improved shall be paid in ten equal installments, the said Mayor and Council are hereby authorized and empowered to provide by resolution, after the expiration of thirty days from the passage of the said

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assessment ordinance for the issuance of bonds in the aggregate amount of such assessments against said abutting property remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said Mayor and Council may determine, which bond or bonds shall in no event become a liability of the Mayor and Council or the City of Ila issuing the same. One-tenth in the amount of any such series of bonds, with the interest upon the whole series to date, shall be payable on the fifteenth day of October next succeeding year until all shall be paid. Such bonds shall bear interest at rate not exceeding six per cent per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street or streets, or part of streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefitted by said improvements under authority of this Act. Said bonds shall be signed by the Mayor and attested by the City Clerk, and shall have the impression of the corporate seal of such town thereon, and shall have interest coupons attached; and all bonds issued by authority of this section shall be pavable at such place, either within or without the State of Georgia, and shall be sold at not less than par, and the proceeds thereof applied to the payment of pro rata share of expenses of such street improvements so assessed against the property abutting on such streets so improved, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, in so far as said bonds will apply on such amount so due. Said bonds shall be registered by the Clerk of the city in a book to be provided for that purpose, and certificates of registration by said Clerk shall be indorsed upon each of said bonds. Resolution for Issuance of Bonds Section 71. Be it further enacted, That, in the event that the Mayor and Council provide in said assessment ordinance

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for the paving, re-paving or otherwise improving of any streets, lanes, alleys or public places in said town that said assessments against the property abutting on said streets, alleys, lanes, or other public places so improved or re-improved shall be paid in ten equal installments and bonds are issued in accordance therewith, as provided in section 70 of this Act, the assessments provided for and levied under the provisions of this Act shall be payable by the person owning said lots or tracts of land as the several installments become due, together with the interest thereon, to the Treasurer of the City of Ila, who shall give the proper receipts for such payments. It shall be the duty of the Treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in special fund to be used and applied for the payment of such bonds and the interest thereon and the expenses incurred thereto, and for no other purposes. It shall be the duty of the Clerk of said city, not less than thirty days and not more than forty days before the maturity of any installment of such assessment, to publish in one issue of a weekly newspaper having a general circulation in said city, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street, or streets, or other public places for the improvement of which such assessments have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installments and interest; and it shall be the duty of said Treasurer promptly after the date of the maturity of such installment or assessment and interest and on or before the fifteenth day of October of each year, in case of a default of payment of any such installment or assessment with interest, to issue an execution against the lot or tracts of land assessed for such improvement, or against the party or person owning the same, for the amount of such assessment with interest, and shall turn over the same to the Marshal or Chief of Police of the City of Ila or his deputy, who shall levy the same upon the real estate liable for such assessment and previously

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assessed for such improvements; and after advertisement and other proceedings as in case of sales for city taxes, the same shall be sold at public outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining uppaid installments with interest, and also subject to the right of redemption as provided by the laws of Georgia, and affidavits of illegality and other proceedings in said sales shall be the same as hereinbefore provided for the sale of property to satisfy street improvement executions. Installments., Payable by Whom Special Fund Advertising Levy Sale Section 72. Be it further enacted, That if the said City of Ila has in its treasury a sufficient amount of money to pay for its pro rata share of the paving, re-paving or otherwise improving of any streets, lanes, alleys, avenues or public places in said city, the Mayor and Council may, by appropriate ordinance, direct that such money be expended for the purpose of paying the pro rata share of said city for the expense of so improving such streets, avenues, alleys and public places and such expenditures shall be treated and considered as a current expense of the operation of said city, and this may be done without referring the question to the qualified voters of said city and without the necessity of any election to decide such question. City's Pro Rata Share Section 73. Be it further enacted, That nothing herein contained shall be construed to prevent the Mayor and Councilmen of said city from proceeding under the provisions of Chapter 69-4, sections 69-401-434, both and all inclusive of the Code of Georgia of 1933, referring to Street Improvements in Municipalities having a population of 600 or more, in the event such provisions shall be adopted by said city, after an election duly held approving the same, in accordance with the provisions of said Chapter 69-4, and if such election should be held, and if a majority of the qualified voters voting in said election should vote in favor of the adoption of the provisions of said Act, any streets, and sidewalks in said City of Ila may be improved in accordance with the provisions outlined in said Chapter 69-4, and if said Act is approved by such election, then the procedure outlined in the preceding

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sections of this Charter for the improvement of streets, shall be completely disregarded, and the provisions of said chapter 69-4 of the Code of Georgia of 1933, and Acts amendatory thereto, shall be followed exclusively for the improvements of streets and sidewalks in said city. Not Exclusive of Provisions of Georgia Code Section 74. Be it further enacted, That the Mayor and Councilmen of said city shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage, or parts of such system in said city, and around said city, for health and cleanliness and comfort of its inhabitants; and the said Mayor and Councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains and public sewers, private water closets, privies and the like in said city with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said town, with full power also to require changes in or the total discontinuance of any such contrivance or structures already in existence, or that may be thereafter allowed. When any system of sewerage or drainage shall be constructed by said Mayor and Council, or under their direction, assessments may be made and executions may issue for the expenses thereof; under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets, under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the Mayor and Councilmen by appropriate ordinances. System of Sewerage and Drainage Section 75. Be it further enacted, That in case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right of way for that purpose, and

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such owners and the authorities of said city can not agree upon the damages to be paid for such easement, the damage shall be assessed as in cases of property taken for opening, straightening or widening streets under this charter. Upon the payment or tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Damages for Easement Section 76. Be it further enacted, That said Mayor and Councilmen may provide by ordinance for the execution of the provisions of these sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Provisions to be Enacted by Ordinance Section 77. Be it further enacted, That for the purpose of preservation of the health of the inhabitants of said city, the Mayor and Councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said city and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Extension of Sewerage System Beyond City Limits Section 78. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to make assessments on the various lots of land and lot owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said Mayor and Councilmen are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amount so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in the same manner that executions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said Mayor and Councilmen shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; provided, no residence lot shall be less than twenty-five feet front; and no business lot shall be less than twenty- feet front; and provided further, the

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assessments shall not be made on vacant lots nor residence lots subdivided. Assessments For Sanitary Purposes Section 79. Be it further enacted, That jurisdiction of the Mayor and Councilmen and the territorial limits of the City of Ila are hereby extended for police and sanitary purposes over all the lands that may hereafter be acquired by said city for waterworks, sewer and electric light purposes and water works or other stations and adjacent lands and the pipes and mains of said waterworks system, and they shall have full power and authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water,and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officers of said city shall have the authority to arrest any person, or persons, violating said ordinances, wherever found within or without the limits of said city. The Mayor and Councilmen of said city shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said city for electric light plant, sewerage or drainage, also over the territory which may be hereafter acquired for city cemetery purposes and for a distance of two hundred yards in any direction from the boundary thereof, and shall have full power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if the same were wholly located in the city limits proper, and the police officers shall have authority to make arrests of persons violating the same, wherever found, within or without the limits of said city. Jurisdiction for Police and Sanitary Purposes Section 80. Be it further enacted, That the Mayor and Councilmen shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the town for the purposes of establishing and maintaining an electric light plant and waterworks system, or sewerage system, or any of them; provided, that if the right to condemn herein granted be exercised, all proceedings shall be under the provisions of

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sections 36-301 to 36-607, inclusive, of the Code of Georgia of 1933, and Acts amendatory thereof. Condemnation for Electric Light Plant, etc. Section 81. Be it further enacted, That said Mayor and Councilmen shall have full and absolute control of all city pipes, sewers, private drains, water-closets and the like in said city, with full power to prescribe their location, structure and use, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of said city. The said Mayor and Councilmen shall have full power and authority to prescribe the kinds of water-closets and urinals to be used in the corporate limits of said city, and shall have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the Mayor and Councilmen, or whenever they become a nuisance. They shall also have the power and authority to compel the owner to connect water-closets and urinals on the premises of property owners with the sanitary system of the city, when such property is locted on or near streets where there are such sewers and under such regulations and rules as may be prescribed by the Mayor and Councilmen, and said property owners who fail to connect any water-closet or urinals on the premises with the sanitary sewers of said city within the time prescribed by said Mayor and Councilmen, the Mayor and Councilmen may make such connections and assess the cost of said connection and fixtures and collect the same by execution issued by the City Clerk against said real estate, and which execution may be enforced in the manner prescribed in this act for enforcement of executions in favor of said city. The Mayor and Councilmen are also empowered and authorized to compel the disuse of an outdoor toilet in the corporate limits of said city, and to order the owner thereof to remove same, and if said owner should fail to remove the same after having been given reasonable notice so to do, the Mayor and Councilmen may cause same to be removed and the expense thereof shall be charged to the owner of such toilet, and the Clerk of said city is authorized to issue an execution for the expense of such

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removal, against such owner. Said Mayor and Councilmen may order the removal and disuse of any such outdoor toilet at any time when, in their judgment, such toilet becomes a nuisance or injurious to the health, comfort, convenience or well-being of the inhabitants of said city. Control of City Pipes, Etc. Section 82. Be it further enacted, That the Mayor and Council men of said city may by ordinance provide for a board of health, to consist of such number to hold office such length of time, and to have such powers and duties as the Mayor and Councilmen may provide. It shall be their duty to meet as often as necessary, or as the Mayor and Councilmen may prescribe, and to visit every portion of the city, and to report to the Mayor and Councilmen all nuisances which are likely to endanger the health of the inhabitants thereof; said Mayor and Councilmen shall have power, upon report of said board of health, to cause such nuisance to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose acts of negligence caused said nuisance,or the party owning such property upon which same may be located, as the Mayor and Council may elect, and execution may issue against said property to collect the expense of said removal of said nuisance, which may be collected by the Marshal and by levy and sale as other executions are collected. Board of Health Section 83. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to cause owners of city lots, and cellars, if same should prove a nuisance, or the board of health should recommend that said lot or cellars be filled or drained, to cause the owners to fill or drain said lots or cellars to the level of the streets or alleys upon which said lot or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves or to their agents, as the Mayor and Councilmen may elect, to comply with the requirements of said Mayor and Councilmen, by draining or filling said lots or cellars it shall be lawful for said Mayor and Councilmen, to have this work performed and the amount expended in doing so

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collected by executions, and the sale under such execution shall pass the title to the property. Power to Have Cellars Filled Section 84. Be it further enacted, That said Mayor and Councilmen may by ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. The Mayor's or Police Court in said city shall have concurrent jurisdiction with the Mayor and Councilmen of said city in respect to the trial and abatement of all nuisances in said city. Nuisances Section 85. Be it further enacted, That the Marshal and policemen of said city shall have full power and authority to enter and if necessary to break open and enter any place in said city when the Mayor and Councilmen may have reasonable cause to believe, or may suspect to be a blind tiger, or place where spirituous, vinuous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said Mayor and Councilman shall have full power and authority to abate as a nuisance any place in town when said Mayor and Councilmen shall have reasonable cause to believe to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender, or offenders; and upon conviction of a person for maintaining a nuisance, as above stated, and as punishment for same, said Mayor and Councilmen shall have full power and authority to cause said Marshall and policemen of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same, and otherwise punish said offender or offenders as may be prescribed by ordinance. Power to Enter Blind Tiger Section 86. Be it further enacted, That said Mayor and Councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City of Ila and to enlarge, change or modify its limits from time to time, to prescribe when, how and of what materials buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stove pipes and flues shall be constructed, to change all things that they may deem necessary to protect

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said town as far as possible from danger from fire, and to prevent conflagration. They also have the power and authority to order changes in the construction of chimneys, stove pipes or flues, or the removal thereof, when in their judgment the same is dangerous or likely to become so, and make the owner or occupant of the premises pay the expenses of the same as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said city, said Mayor and Councilmen may order said building removed, and if the person, firm or corporation shall not remove said building after notice to do so, then said Mayor and Councilmen shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Fire Districts Power to Order Changes in Construction if Such is Dangerous Section 87. Be it further enacted, That said Mayor and Councilmen shall have power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and punish for violation of any quarantine regulations of said city. They shall have the power to build or establish a pest house outside of the city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the town. They shall have the power to compel the removal to the pest house of any person or persons who have smallpox or other contagious diseases when in their judgment it is best for the welfare and health of the town. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians at the expense of the town to vaccinate all persons who are unable to procure such vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Prevention of Disease Section 88. Be it further enacted, That said Mayor and Councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide places

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for the burial of the dead, either within or without the city limits, to regulate interment therein, and to expend annually a sufficient sum for keeping cemeteries in proper condition. Protection of Churches Etc. Section 89. Be it further enacted, That the Mayor and Councilmen of said city shall have power to grant franchises, easements, and right of way over, in, under and on the public streets, lanes, alleys, parks and other property of said city. Right to Grant Franchises and Easements Section 90. Be it further enacted, That should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the Mayor or Mayor Pro Tem, or acting Mayor of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers, or either of them, shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of the said city, or its officers, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Apprehension of Escapees Section 91. Be it further enacted, That the Mayor and Councilman of said city shall be empowered and authorized through a committee, or by themselves, in the discretion of said Mayor and Councilmen, whenever necessary, to examine into the workings of any business of any officer, or conduct of any officer, and said committee or Mayor and Councilmen conducting said examination, shall have power to send for persons and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Investigation of Businesses Section 92. Be it further enacted, That the Mayor and Councilmen shall have the power and authority to establish a fee-bill for the officers of said city, such fees, when collected, to be paid into the city treasury. Fee-Bill for Officers

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Section 93. Be it further enacted, That the Mayor and Councilmen shall provide for a town prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts and may appoint a custodian for same. The Mayor and Councilmen may contract with the proper authorities of Madison County for the use of the common jail of said county for this purpose. Town Prison Section 94. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to suppress lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath Day, and to this end may enact such ordinances and provide such penalties as they think advisable to carry out the powers granted in this section. Suppression of Lewdness, Gambling, Etc. Section 95. Be it further enacted, That the Mayor and Councilmen of said city shall have power upon proper and sufficient proof of houses of ill fame, bawdy houses, lewd or gaming houses or places, to abate the same by causing the occupants thereof to be forcibly removed, after three days notice, and any property owner or agents who shall rent or suffer the same to remain on the premises, shall upon conviction before the Mayor, be punished as for a violation of the ordinances of the city. Removal of Occupants of Rawdy Houses Section 96. Be it further enacted, That all executions in favor of the Cty of Ila for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claim, demand, or debt, shall be issued by the Clerk and bear tests in the name of the Mayor (except when otherwise provided by this charter), and shall be directed to the Marshal of said city and shall state for what issued and be made returnable to the Mayor and Councilmen of the City of Ila at least within ninety days after the issuing of the same; and it shall be the duty of the Marshal or collecting officers to advertise the sale of such real or personal property as may be levied on by him to satisfy said execution, in the same manner respectively as Sheriff's sales or real property or constable's sales of personal property are required to be made by law. All of said sales to be made at the place within the usual hours of

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sale of Sheriff's and Constables' sales, and to be made under the same rules and regulations as govern Sheriff's sales and Constable's sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for the sale under executions for State and County taxes. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming said property so sold for taxes by paying the purchaser the amount paid for said property at said tax sale, as shown by the recitals in the tax deed, plus a premium of ten per cent of said amount for each year, or fraction of a year, which shall have elapsed between the date of sale and the date on which the redemption payment is made, said payment to be made to the purchaser at any time within twelve months from the date of said tax sale and at any time thereafter until the right to redeem shall be foreclosed. All redemptions of land which has been sold for taxes due the City of Ila and the foreclosure of the right of redemption of land sold for taxes shall be governed by the laws of the State of Georgia, as embodied in Section 92-8301 to 92-8314 of the Code of Georgia of 1933, and all Acts amendatory thereof. Whenever at any such sale for taxes due no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of said city may bid off said property for said city, and the Marshal, or such other officer making the sale, shall make to the City of Ila, a deed to the property so sold and deliver the same, and the title thus acquired by the City shall be perfect and complete after the period provided for the redemption of the owner shall expire, and after the foreclosure of the right to redeem, as above provided, and the Marshal, or other officer making the sale shall put the city in possession, and the Mayor and Councilmen of said city shall have no right to divert or elienate the title of the city to any property so purchased, except as a public sale to the highest bidder in such manner as may be prescribed by the ordinances

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of the City of Ila. The City Clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings hereunder; said execution shall also be returned to the office of said Clerk after being satisfied. All sales and conveyances made under executions as provided in this section shall have all the force and effect of sales and conveyances made by Sheriffs and Constables of this State, and the officer making the sales shall have the same power as the Sheriff's and Constables to put purchasers in possession of property sold by them under the laws of this State. Executions How Issued. Section 97. Be it further enacted, That said Mayor and Councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations of the city ordinances and laws of this State and the procedure in such trials. Nothing in this section shall operate to repeal the ordinances of the City of Ila now in force prescribing the form of warrants, accusations, and affidavits, but the same shall remain in full force and effect until the same are repealed or amended by ordinance duly adopted by the said Mayor and Councilmen. Form of Accusations, Etc. Section 98. Be it further enacted, That said Mayor and Councilmen of the City of Ila shall have power and authority to acquire, on behalf of the City of Ila, by gift, purchase, lease or otherwise, grounds suitable for park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep up the same, and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this section. They shall have the right to draw on the ordinary expense fund of said city of said purpose. Parks Section 99. Be it further enacted, That the Mayor and Councilmen of the City of Ila shall have the power and authority to adopt and enforce ordinances for said city to protect shade trees and public places in said city and to

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prevent cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless the same is done with the consent and under the direction of said Mayor and Council, or some officer appointed to direct the same. Said Mayor and Councilmen shall also have power and authority to order the removal of any tree in said city which, in the judgment of the Mayor and Council impedes or hinders travel and traffic in said city. If, after reasonable notice to the owner of property in said city upon which said tree is located, such owner fails or refuses to remove said tree therefrom, the same may be removed by the Mayor and Councilmen at the expense of such property owner, and for such expenses of removal execution may issue against such property owner. Protection of Trees, Etc. Section 100. Be it further enacted, That the Mayor and Councilmen of the City of Ila may require and compel all male persons between the ages of 21 and 50 who have resided in the City of Ila as long as thirty days, except those who are exempt in section 101 of this Act, to work upon the streets of said city not to exceed fifteen days in each year, as such time or times as the Mayor and Councilmen may require, or to pay a commutation tax in lieu thereof not exceeding four dollars in any one year, as said Mayor and Council may determine by ordinance. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said Mayor and Councilmen may require, shall be deemed guilty of a violation of this section, and on conviction in the police court of said city, shall be fined by a sum not exceeding eight dollars or imprisoned in the town prison or by labor on the chain gang of said city not exceeding twenty days. Said Mayor and Councilmen may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this section. Who May be Compelled to Work Upon Streets Alternative for Work Upon Streets Section 101. Be it further enacted, That all ordained ministers of the gospel, who are in the regular discharge of ministerial duty, and in charge of one or more churches, all men who have lost one arm or one leg; and all men who are either deaf, dumb, or blind, either totally or

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partially to the extent that they are unfit or unable to perform street work shall be exempt from the street duty provided in section 100 of this Act and such persons shall not be compelled to do such street work or pay such commutation tax. The question as to whether any male person either partially deaf, dumb or blind is unfit or unable to perform street work shall be left to the judgment of the Mayor and Councilmen and their decision on such question shall be final. Exemptions From Street Work Section 102. Be it further enacted, That the Mayor and Councilmen of the City of Ila shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security, of said city and the inhabitants thereof, and that they may be necessary to foster virtue and good morals in said city, to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties, as are authorized by this charter. The said Mayor and Councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said Mayor and Councilmen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body, and all officers of said city, and to do any and all other acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers upon municipal corporations provided said laws, ordinances, regulations and rules are consistent with the laws of this State. Power to Pass Ordinances Necessary for Peace and Good Order Section 103. Be it further enacted, That said Mayor and Councilmen shall have the power to control and regulate the running and operating of all locomotives, trains, street cars, automobiles, trucks, and all vehicles for the transportation of persons and freight; to regulate the speed of such vehicles in said city and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noise from locomotives, steam whistles, bells or other contrivances that may disturb the peace

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and comfort of the citizens, and to adopt the necessary ordinances for purposes and penalties and enforce the same for violation thereof. Regulation of Vehicles Section 104. Be it further enacted, That the Mayor and Councilmen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violations thereof. Prevention of Idleness Section 105. Be it further enacted, That is case the Mayor or a Councilman while in office shall be guilty of malpractice and wilful neglect in office or abuse of the power conferred on him shall be subject to be impeached by the City Council, and on conviction shall be removed from office. [Illegible Text] of Official Section 106. Be it further enacted, That it shall be the duty of the Mayor and Councilmen of said city to provide fire protection and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and provide any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fire. Fire Dept Section 107. Be it further enacted, That the Mayor and Councilmen of said city shall have power and authority to impose a tax on dogs within said city, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the City Marshal and policemen of said city to kill any dog or dogs running at large in said city whose owners refuse to comply with such ordinances. Dog Tax Section 108 Be it further enacted, That the Mayor and Councilmen of said city shall cause to be codified all ordinances of said City of Ila, together with this Act, into one book to be known as The Code of the City of Ila, which book shall be constructed in a similar manner to the deed record books now being used by the Clerk of the Superior Court of Madison County, Georgia, for recording

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deeds. Said Mayor and Councilmen shall not later than the first regular meeting of the Mayor and Councilmen to be held in 1947, pass and adopt such code, as the Code of the City of Ila; and said code shall be admitted in evidence in any of the courts of this State upon the certificate of the Clerk of the said City of Ila, certifying the same to be the code of ordinances and laws of said town. City Code Section 109. Be it further enacted, That said Mayor and Councilmen shall have power and authority to require any person, firm or corporation to obtain from said Mayor and Councilmen or a committee appointed by said body, a written permit to erect in said city any house, building or any kind of structure, before such person, firm or corporation shall be allowed to erect in said city such house, building or structure, and to provide for and regulate the type of application for such permit, and what information such applications for building permits shall contain, and said Mayor and Councilmen have power and authority to prohibit the erection of any building, house or structure within the corporate limits of said town unless such building permit is first obtained prior to the erection of such building, house or structure, and to provide for the punishment of violators of such rules, regulations and ordinances. Building Permits Section 110. Be it further enacted, That the Mayor and Councilmen of said City of Ila shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights of way for any electric light, water supply, gas or sewer line or sewerage disposal plant, for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the Mayor and Councilmen shall desire to exercise the power and authority to condemn property

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as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor or executors, administrator or administrators, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code of 1933, sections 36-301, et seq. Condemnation of Private Property for Public Purpose Section 111. Be it further enacted, That the Mayor and Councilmen of the City of Ila shall have power and authority to issue bonds for and in the name of said city for the following purposes, to wit: For purchasing lands, buildings; erecting buildings; improving property; purchasing equipment; purchasing improvements; paying for condemned property taken for public use; for building, equipping and maintaining water works, water supply system, sewers and sewer system, disposal plants, electric, power and gas systems, and services, and electric light system; for laying water mains and sewers, paving, macadamizing, repairing and improving the public sidewalks, streets, lanes, alleys, crossings and public places in said city; for fire protection, fire fighting equipment and facilities, and for any and all public uses and purposes that may be needed for said city. Purposes for Which Bonds May be Issued Section 112. Be it further enacted, That, before any proceeding towards the issuing of bonds for any of the purposes named in the preceding section, the Mayor and Councilmen shall prepare, or cause to be prepared by contract or otherwise, necessary plans, specifications, estimates of cost showing location, extent, cost and other information, all of which shall be on file and assessible to voters at least ten days before said bond election is to be held. The cost of preparing such plans, specifications, and estimated of cost may be paid from current expenses funds and/or from the proceeds of the bonds sold. Conditions Precedant to Proceedings For Bond Issuance Section 113. Be it further enacted, That before any bonds of said city shall be issued for any of the purposes named in section 111 of this charter, the mayor and councilmen of said city shall, by appropriate resolutions or orcilmen

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of said city shall, but appropriate resolutions or ordinances direct and provide that such bonds shall be issued and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinances call and provide for the holding of any election on the subject and for public published notice thereof, as provided by the Constitution and laws of this State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the before stated purposes, as deemed expedient by said Mayor and Councilmen; provided, always that the limits of the total bonded indebtedness of said town as fixed by the Constitution of the State shall never by exceeded. Should the requisite number of qualified voters of said city, as prescribed by the Constitution and laws of this State, vote in favor of issuing bonds at any election called for by said Mayor and Councilmen as hereinbefore provided, then and in such event said city's Mayor and Councilmen shall, at any time before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection, during the life of said bonds, of an annual tax upon all property in said city subject to taxation, sufficient in amount to pay the principal and interest of said bonds. Any and all of the bonds and series of bonds issued by said city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers with all the qualities of commercial papers, and said Mayor and Councilmen of said city are hereby authorized to negotiate and sell any of said bonds or series of bonds when sold shall only be applied to the purpose or purposes for which they were respectively issued. All of said bonds, when issued, shall be signed by the Mayor and Clerk of said city. Purposes to be Specified Section 114. Be it further enacted, that whenever any bonds are issued by said town, it shall be the duty of the Mayor and Councilmen of said city to provide a sinking fund to pay of fthe principal and interest of such bonds or series of bonds at their maturity. sinking Fund

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Section 115. Be it further enacted, That the Mayor and Councilmen of said city shall have power and authority, when necessary to supply casual deficiciencies in the revenues of said city, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of said city, as may be provided by special resolution or ordinances for that purpose. Section 116. Be it further enacted, That said town, by and through its Mayor and Council shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to finance the cost of construction and operation of same and to exercise all powers and authorities and to do all the things and acts authorized by the Revenue Anticipation Law of 1937, of this State and acts amendatory thereof. Revenue producing Projects Section 117. Be it further enacted, That all ordinances heretofore adopted by the Mayor and Councilmen of the City of Ila, and which are now in force and which are not inconsistent with nor repugnant to this Act, and not in conflict with the Constitution of the State of Georgia or the Constitution of the United States, shall remain in full force and effect, provided, that said Mayor and Councilmen of said City of Ila may at any time repeal, alter or amend any of said ordinances. Status [Illegible Text] Section 118. Be it further enacted, That all Acts of the General Assembly of Georgia heretofore passed incorporating the Town of Ila. Acts of 1910, page 771, and all amendments thereto, and conferring powers on same, are hereby consolidated into and superceded by this Act, and all provisions of former Acts which are inconsistent with this Act are hereby repealed, and all laws, and parts of laws in conflict with this Act be and the same are hereby repealed. Consolidation of this and Prior Acts Section 119. Be it further enacted. That the Mayor and

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Council of said city shall have the power and authority to sell any property belonging to the said town and which shall become unnecessary and useless for city purposes, and to make a good and sufficient title to the purchaser. However, in the sale of such property by the city the following procedure shall be followed: Before any such property shall be sold a resolution shall be passed and adopted by the Mayor and Council either in regular or special session which resolution shall state that the property proposed to be sold is no longer necessary or useful for city purposes, and that it is expedient and beneficial to the city that the same be disposed of. Said property shall be sold only at public outcry to the highest and best bidder for cash on the regular sales day on which sheriffs' sales are held and after advertisement of said sale once a week for four weeks in the newspaper of said county in which the sheriff's advertisements appear. Such sale sahll be at the place and during the hour of sheriff's sales in said county and the procedure of such sales shall be the same as provided for sales of property by sheriffs. Sale of City Property Section 120. Be it further enacted, That in the event any article, section, paragraph or provision or provisions of this Act, in whole or in part, or any isolated portion of this Act, or any provisions herein contained, shall be declared illegal by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of the remaining part, unless expressly so held by a court of competent jurisdiction. In the event the General Assembly shall have granted herein to the City of Ila any powers or authorities in excess of any such permitted by the Constitution and laws of Georgia or the United States, then such powers or authorities given shall be construed to extend just so far as possible as not to exceed the said authority of th General Assembly. Invalidity of Part Section 121. Be it further enacted, That the provisions of this charter shall become effective and in full force immediately after said charter is approved. Effective Date Section 122. That all laws and parts of law in conflict

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with this Act are hereby repealed. Approved January 30, 1946. JACKSON NEW CITY CHARTER No. 552 An Act To create a new charter for the city of Jackson; to define the corporate limits; to provide for the election of its officers and prescribing their duties; to provide for filling vacancies of said City; to define the duties of Mayor; to fix the salaries of Mayor and Council; to provide for the election of all employees of said city and to define their duties; to provide for the collection of licenses, taxes; to provide for the manner in which property may be returned for taxation; to require building permits within the City; to provide for the sanitary department of said City; to prescribe the manner in which nuisances are declared; to provide for a sewerage tax and garbage tax; to assess abutting property owners in the improvements of street, alleys, sidewalks and public lanes of said City; to provide for eminent domain; to provide for a Mayor's court; to create a bond commission for the city of Jackson and to provide a sinking fund for the same; to provide for the registration and qualification of voters; to provide for the collection of service rendered for water, lights, power and other services rendered by said city; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the corporate limits of the City of Jackson shall be the same as heretofore established by law and is herewith defined as follows: Beginning at the Southwest corner of the incorporate limits of Pepperton where it intersects with the corporate limits of Jackson and running in a northerly direction along the boundary line of Pepperton to the Northern boundary line of the right-of-way of State Highway Route No. 16; thence West twenty (20) degrees a distance of two thousand one hundred seventy three (2173) feet to the East right of way of the Southern

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Railway Company; thence in a northwesterly direction along said East boundary of Southern Railway right of way to a point where the district line between the 612th and 615th Districts G. M. Butts County intersects the right of way of the Southern Railway Company; then south along said district line Five hundred sixty one (561) feet to the intersection of Yellow Water Creek and said district line; thence along the run of said Yellow Water Creek in a Northerly direction to the Western boundary of the Southern Railway Company right of way; thence in a southeasterly direction along said right of way to a point where this said right of way intersects with Covington Street; thence west a distance of Nine Hundred Eighty (980) feet; then Ninety degrees true a distance of Three Thousand Four Hundred Six (3406) feet; thence South a distance of One Thousand Four Hundred Seventy Two (1472 feet; thence South fifty degrees a distance of One Thousand Three Hundred Twenty Three (1323) feet thence South Forty degrees East a distance of Two Thousand Five Hundred Sixty Two (2562) feet; thence East a distance of Nine Hundred Twenty Four (924) feet; thence South a distance of Nine Hundred (900) feet; thence East a distance of Nine Hundred (900) feet; thence North forty five degrees East a distance of Nine Hundred (900) feet to the East and West line; thence East a distance of Four Thousand Five Hundred Fifty Four (4554) feet; thence North a distance of Six Hundred Eight feet to the point of beginning. New Charter Corporate Limits Section 2. Be it further enacted, that the inhabitants of the territory above set forth as the City of Jackson are hereby continued as a body politic and corporate under the name and style of the City of Jackson; with power to govern themselves by such ordinances, by-laws, rules and regulations for municipal purposes as they may deem proper, not in conflict with this charter, the Constitution or laws of this State or of the United States. The corporation hereby continued in existence shall have full power in and by said corporate name to contract and be contracted with; to sue and be sued; to plead and be impleaded; to purchase, hold, receive, enjoy, possess and retain

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for the use and benefit of said city of Jackson or the inhabitants thereof, in perpetuity or for any term, any estate, real or personal, or lands, tenements or hereditaments of any kind, within or without the limits of said city, for corporate purposes; to use, manage, improve, sell, convey, rent or lease any such estate or property; to have and use a common seal; and to perform all acts necessary or incident to its corporate existence or capacity. Provided, no valid existing ordinance, rule or regulation adopted by any governing body of said municipality nor any contract made nor any right vested under and by virtue of any act shall be affected by this act. Powers of Corporation Section 3. Be it further enacted, that the corporate authority of said city and the territorial jurisdiction of the governing body and the officers thereof shall extend, for police and sanitary purposes, over all lands which are now owned or controlled and all lands which may hereafter by owned or controlled by said city for waterworks, electric light, sewerage, drainage, or cemetery purposes outside of the territory indicated as indicated in Section 1 hereof. The governing body and the officers of said city shall have full power and authority to make and enforce such ordinances, by-laws, rules and regulations as they may deem necessary to protect the land, premises, and other property referred to in this Section and all rights and interests of said city therein as fully and completely as if the same were located within the limits of said city proper as indicated in said first section. Extent of Territorial Jurisdiction Section 4. The territory of said city as indicated in the first section hereof shall be divided into four wards; each to be nearly as square as practicable, considering population and territory. Division Into Wards Section 5. The municipal government and control of said city shall be vested in a Mayor and Four Councilmen. Government Section 6. On the first Wednesday in November there shall be an election for Mayor and Councilmen from among the qualified voters of said city, said election to be held annually thereafter, all of whom shall be elected

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to serve two years, the terms of two councilmen expiring each year, and all officers shall serve until their successors are elected and qualified, and shall be elected by a plurality of the consolidated vote of the City. The persons elected as councilmen shall be bona fide residents of their respective wards. Such elections shall be held by three managers to be appointed by the Mayor and Council of said city, such maangers to be qualified voters of said city. Such managers shall make a return of such election to the Mayor and Council then in office, who shall declare the result and cause the same to be entered upon the minutes of their proceedings. All persons shall be qualified to vote at such election who shall have bona fide resided in said city for sixty days next preceding the date of such election and are qualified to vote for members of the General Assembly from Butts County and have complied with all the ordinances which may have been passed by said Mayor and Council providing for the registration of voters of said city. Elections Section 7. If the office of Mayor or any councilman shall become vacant by death, resignation, removal or otherwise, the mayor or a majority of the councilmen shall order a special election to fill the unexpired term and give ten days notice thereof in one or more newspapers or at two or more public places in said city; such special election shall be managed and returned and the result thereof shall be declared and published as heretofore provided in Section 6; provided, there shall be no election for Mayor if the office shall become vacant within three months of the expiration of the regular term thereof. Vacancy in Office Section 8. The Mayor shall be the chief executive officer of said City and shall have general supervision over its affairs. He shall see that all laws and ordinancesc of said city are feathfully executed. He shall preside at all meetings of the Mayor and Council and shall have the right to take part in the deliberations of said body but shall not vote on any questions except in case of a tie. He shall have power to convene them in extra session whenever in his judgment the exergencies of the case require it. He shall examine and audit all accounts of the

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city before the same shall be paid. He shall sign all deeds and contracts, approve all bills and vouchers. Authority of Mayor Section 9. Every ordinance and resolution passed and every election of an officer or employee by the Mayor and Councilmen shall be subject to the veto of the Mayor in the following manner: The Mayor shall within four days write out his objections to such resolution, ordinance, or election and the Mayor and Councilmen shall, at the next regular or called meeting at which a quorum shall be present, order said objections entered n the minutes and take a vote on the question as to whether said ordinance, resolution or other action shall become adopted over said veto. Should as many as three councilmen vote in the affirmative, said resolution and ordinance shall stand affirmed and become effective without the approval of the Mayor; otherwise, not. The ayes and nays shall in all cases be entered on the minutes. Mayor's Veto Power Section 10. Said Mayor shall receive a salary to be fixed by the Mayor and Councilmen preceding his election a sum not to exceed Five Hundred ($500) Dollars per annum and the salaries of each Councilman shall be a sum not to exceed Two Hundred Fifty ($250) Dollars, per annum, to be fixed by the Mayor and Councilmen preceding their election and such salaries shall not be changed during their terms of office. Compensation of Mayor and Councilmen Section 11. The power of legislation and the appointment of all subordinate officers of said city shall be vested in said Mayor and Councilmen. They shall hold regular meetings at such times and places as may be determined upon by them. Three shall constitute a quorum for the transaction of business provided the Mayor or Mayor pro tem. shall constitute one of that number, but a less number may adjourn from time to time and compel the attendance of absentees. Power of Legislation Section 12. At the first regular or called meeting at the beginning of its fiscal year the Mayor and Councilmen shall proceed to elect for said city by ballot from among the qualified voters thereof, a mayor pro tem., a clerk and

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treasurer, three tax assessors, one bond commissioner, a chief of police and such other police officers as may be necessary for the protection of said city and the property and rights thereof. They may also elect an engineer and a board of health, superintendent on water and lights and such other officers as may be in their judgment necessary to the interest of the city. The persons so elected shall hold their respective offices for one year until their successors are elected and qualified unless for sufficient cause removed from office but not until they have been given an opportunity to appear before said body for trial; provided further that the Mayor may suspend any official pending the trial before said body. The salaries of the officers provided for in this section shall be such as may be prescribed by ordinances of said Mayor and Councilmen. The Mayor and Councilmen shall fill any office which may become vacant to fill the unexpired term thereof. Other Officers Section 13. In the case of the death, resignation, removal from office, or absence from the city of the Mayor thereof such mayor pro tem. shall exercise all the powers and discharge all the duties conferred and imposed upon the Mayor of said city by this charter and the ordinances, rules and regulations of said city. When Mayor Pro-tem Acts Section 14. For the purpose of enabling said Mayor and Councilmen to know at all times the true financial condition of said city, the clerk, when called upon to do so, shall prepare and read at a regular session of the Mayor and Councilmen a statement showing the probable gross income of the city for the fiscal year and the amount of money which has been expended and voted to be expended up to the date of such statement. Such statement shall be entered upon the minutes if so directed by said Mayor and Council and such body may authorize the publication of the income and expenditures of said city. Said receipts and the disbursements for each preceding quarter shall be verified by the Chairman of the Finance Committee. Financial Statement Section 15. The Clerk of said city is authorized and

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shall receive all returns of property for taxation both real and personal; assess and double tax all property not returned in said city for taxation; the Clerk shall collect all taxes and licenses fees due said city and keep such records as is necessary if said office for the proper handling the funds of said city. The Clerk shall perform all such duties as may be imposed uon same by the Mayor and Councilmen for said city. Section 16. The Board of Tax Assessors in said City is hereby vested with full power and authority to assess for taxation the fair market value of all property, real, personal and otherwise, subject to taxation by said city, so that said property shall stand upon the tax digest as its reasonable and fair market value. It shall be the duty of said board at all times to locate property that is not duly returned for taxation, to equalize taxation, and to ascertain the fair and reasonable market value of all property subject to taxation by said city. Said assessors shall receive reasonable compensation for their services, to be fixed by the Mayor and aldermen. When any property subject to taxation by the City of Jackson has not been returned for taxation by the first day of April, as required by law, it shall be the duties of the Board of Tax Assessors to assess said property for taxation at its fair market value. When any such property has been returned for taxation, at a value which in the opinion of said Board of Tax Assessors is less than its fair market value, it shall be the duty of said board to assess it for taxation at such value. When any assessment is made as provided herein, it shall be the duty of the City clerk within ten days after the making of said assessment, to give to the owner of said property notice in writing of said assessment provided same has been raised. Such notice shall specify the amount of the assessment made, indicate the property assessed, and shall inform the owner that he may be heard on the justice and fairness of said assessment and of the time and place of the hearing, at which time and place a full, legal hearing shall be afforded by said board. Said notice shall be by mail, not registered, to the last known address of the owner of such property, and no other notice

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whatever shall be required. Proof of the mailing of said notice shall be conclusive evidence that said notice has been given as required. If, for any reason, such notice cannot be given by mail, notice may be given by the posting in the city hall of such notice in a conspicuous place. Notice shall be considered as given on the day it is mailed or posted. If the owner of any such property fails or refuses to appear either in person or by agent at the time and place designated in said notice, then the assessment made shall be final. Any tax-payer who shall be dissatisfied with any such assessment may appeal to said mayor and aldermen for a correction of such assessment within fifteen days after such assessment shall have been returned, and the judgment of said mayor and aldermen thereon shall be final. Duties of Board of Tax Assessor Section 17. It shall be the duty of the police officers to make arrests, within and without the limits of said city, of all persons violating any ordinance of said city, expressly including all ordinances authorized to be made by the second Section hereof, and to make arrests of all persons who have violated the penal statutes of this State, either with or without warrant or summons therefor. They shall have power to release all persons upon bonds as provided in the section hereafter enacted. It shall be the duty of the chief of police to prosecute before the proper court of Butts County for all offenses against the laws of this State committed in said city or upon property mentioned in the second Section hereof. Said police force shall be so uniformed and armed as to be readily recognized by the public as peace officers, the arms and uniforms to be furnished by the city and to remain the property of the city. Police Officers Section 18. All officers elected by said mayor and aldermen shall discharge such duties in addition to those prescribed in this Act as are, or may be, prescribed by ordinances of said mayor and aldermen and shall give such bonds for the faithful discharge of their respective duties as said mayor and aldermen may require; provided, the surety on the bond or a bond commissioner shall

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be a duly authorized guaranty or surety company. Bonds of Officers Section 19. Each officer of said city before entering upon the discharge of the duties of his office shall take and subscribe before a judge of some court in Butts county an oath that he will faithfully discharge the duties of his office to the best of his skill and ability. Oath Section 20. Said mayor and aldermen shall have sole right to try impeachments of all officers of said city. When sitting for that purpose they shall be under oath or affirmation when the mayor shall be tried, the council shall select one of their number to preside; and no person shall be convicted without the concurrence of all the members present. Judgment in cases of impeachment may extend to removal from office and disqualification to hold any office of trust, honor or profit under this charter, and no further; but the party convicted shall, nevertheless, be liable and subject to indictment, trial and punishment according to law. Impeachment Section 21. Said mayor and aldermen shall have full power and authority to make all ordinances, by-laws, rules and regulations respecting or relating to public buildings and grounds, work-houses and public houses; the use of wagons, carriages, carts, drays, hacks, pumps, wells, and fire engines; the care of the poor; the suppression of disorderly houses and houses of ill fame; the prevention and punishment of disorderly conduct, the conduct likely to disturb the peace and transquility of any citizen of said city; the punishment of persons loitering about the streets of said city; the inspection of steam boilers; the regulation and prevention of the storage of gunpowder, tar, pitch, rosin, coal oil, benzine, naptha, turpentine, hemp, cotton, petroleum, notriglycerine, dynamite, and all other combustible or explosive substances and material; the regulation and prevention of the use of lights in stables, shops, and other places and the building of bonfires; and the regulation and prevention of the use of fire crackers, torpedoes, Roman candles, sky rockets and other fireworks. Powers of Mayor and Aldermen

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Section 22. Said mayor and aldermen shall have full power and authority to declare what shall be a nuisance and to abate the same and provide for the punishment of any person who may create or continue such nuisance; to compel the owner or user of any cellar, stable, pig sty, sewer or any other unwholesome or nauseous houses or place in said city to cleanse, abate or remove the same and to regulate the location thereof; to prohibit the slaughtering of any kind of animal in said city; to establish and maintain quarantines against contagious or infectious diseases; to establish and regulate cemeteries within or without the corporate limits of said city, to acquire lands therefor by gift, bequest or otherwise and to require burial permits to be issued before anybody can be interred within the limits of said city, and funds now in the treasury of said city and funds arising from the sale of lots in said present cemetery, known as the cemetery fund shall not be used for any purpose except to maintain and beautify the present cemetery. And provided further at any time said mayor and aldermen may abolish said present cemetery and purchase land for a new one. Nuisances and their Abatement Section 23. Said mayor and aldermen shall have full power and authority to define and establish the fire limits of said city and from time to time in their discretion to extend and enlarge the same. Within such fire limits it shall be unlawful to erect buildings or structures of any kind not fire-proof. Said mayor and aldermen shall have power to determine what buildings and structures are not fire-proof. Should any person erect or cause to be erected within such fire limits any building or structure not fire-proof, said mayor and aldermen shall, after giving such person ten days notice and opportunity to regard thereto cause the same to be removed at the expense of the owner or owners thereof. Said mayor and aldermen shall also have power to declare any building or structure in said city unsafe and dangerous and to condemn the same as such and cause the same to be repaired or removed at the expense of the owner thereof after giving such owner ten days notice and an opportunity to be heard in regard

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thereto. [Illegible Text] [Illegible Text] Section 24. Said mayor and aldermen shall full power to open, lay out, widen, straighten and otherwise change streets, alleys, and squares in said city; to establish and fix such systems of grading and draining the streets of said city as they shall deem proper; and to condemn private property for any of these purposes. Streets Etc Section 25. Said mayor and aldermen shall have full power and authority to purchase, lease or condemn any lands and premises, water rights, rights-of-way, easements, franchises, within or without the limits of said city, for the purpose of establishing or maintaining an electric light plant, a waterworks system, or either of them. Electric Light Plant and Waterworks System Section 26. All rights of eminent domain and all rights and power to condemn property conferred by this Act upon said city, upon said mayor and aldermen, or upon any officer of said city shall be exercised in accordance with Sections 4657 to 4686 both inclusive of the Code of Georgia of 1895 and Acts amendatory thereof. Eminent Domain Section 27. Said mayor and aldermen shall have full power and authority to make and adopt all ordinances, rules and regulations they may deem proper for maintaining, operating and carrying on waterworks and electric light systems of said city for supplying water and lights for said city and the inhabitants thereof and charging and collecting therefor. Maintenance of Waterworks, Etc. Section 28. Said mayor and aldermen are hereby authorized to make all necessary and proper arrangements for work on the public streets and public works of said city and to provide rules and regulations for the working of persons sentenced to confinement at labor for violations of ordinances of said city. Work on Public Streets Section 29. Said mayor and aldermen shall have full power and authority to make, adopt and enforce all ordinances, by-laws, rules and regulations which they may deem proper for the security of the peace, health, morals,

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good order and general welfare of said city and the inhabitants thereof, and for the protection of the property, rights and interests of said city. Peace and Good Order Section 30. Said mayor and aldermen shall have full power and authority to prescribe by ordinances adequate penalties for the violation of any of the ordinances, rules and regulations of said city; such penalties not to exceed for any such violation a fine of one hundred dollars, imprisonment in the kalaboose or building used for that purpose for sixty days and confinement at labor on the public works of streets of said city, sixty days. Penalties and Fines Section 31. Said mayor shall have full power and authority to hold a mayor's court for said city for the trial of persons charged with offenses against the ordinances of said city and to impose such penalties for the violation of such ordinances as may be prescribed by ordinances of said city. Such court shall be held at such times and places and under such rules and regulations as may be fixed and prescribed by ordinances of said mayor and aldermen. Mayor's Court Section 32. Any police officer of said city shall have authority to release any person arrested for violating any such ordinance of said city upon such person giving a bond payable to said city in an amount and with surety to be approved by the chief of police or mayor of said city conditioned for the appearance of such person before said mayor's court at the time and place specified in said bond and from time to time until he shall have been tried for the offense for which he shall have been arrested. Provided the authorities of said city may refuse to release on bond any person whose appearance in said city would likely be dangerous, indecent or in violation of any ordinance of said city. Bond Section 33. If any person so released shall fail to so appear for trial such bond shall be forfeited; and a rule nisi shall be issued requiring him and the surely upon such bond to show cause before said court at a time not less than sixty days from the date of such rule why such bond

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shall not be absolutely forfeited. Copies of said rule shall be served upon the persons to whom it shall be directed at least twenty days before the return day thereof personally or by leaving the same at the most notorious place of abode of the person to be served, or by publishing the same once a week for four weeks in a newspaper in said city. If at the time such rule is made returnable no sufficient cause to the contrary shall be shown the forfeiture of said bond shall be made final and absolute, and execution shall issue for the full amount thereof and all costs against the principal and sureties thereon or such of them as shall have been served. Such execution shall be signed by the clerk and mayor of said city, shall be directed to all police officers of said city and to all and singular the sheriffs and constables of this State, shall have the same lien and binding effect upon the property of the defendants therein as executions issued upon judgment in superior courts,and shall be levied by any officer to whom it shall be directed. Forfeiture of Bond Section 34. For the purpose of raising revenues for the support and maintenance of the government of said city and defraying the ordinary current expenses thereof, said mayor and aldermen shall have full power and authority and it shall be their duty, to provide by ordinance for the levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city not exceeding one per cent thereof. Said levy shall be fixed after the return and assessment of said property as provided in the preceding sections hereof and before the first day of October in each year. All taxes so levied shall be due and collectible on the 20th day of December of the year for which they shall be so levied. The clerk shall issue executions on all property for which taxes are not paid by December 20th and proceed to advertise and levy upon same as provided by law pertaining to the collection of ad valorem tax. Ad Valorem Tax Section 35. Said mayor and aldermen shall have full power and authority to require all persons, firms, companies or corporations engaged in prosecuting or carrying

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on any trade, business, calling or avocation within the corporate limits of said town to register their names and businesses, callings, trades, avocations and professions annually, and to require them to pay for such registration and for license to engage in, prosecute or carry on the same, not exceeding fifty dollars per annum. This restriction shall not apply to the business of selling spirituous or intoxicating liquors. Business License and Registration Section 36. Said mayor and aldermen shall have full power to pass such ordinances as they may see proper in regard to granting or not granting licenses to theatrical companies or performances, or for shows or other exhibitions; provided, the price to be paid for such licenses when granted, shall not exceed one hundred dollars for each performance or exhibition. License for Shows Section 37. Said mayor and aldermen shall have full power and authority to license billard tables and tenpin alleys, shooting galleries and all public billiard tables kept or used for the purpose of playing or renting, and all public tenpin alleys and ninepine alleys, or alleys of any kind which are kept or used for the purpose of renting the same and charge for said license a sum not exceeding one hundred dollars on each. Other Licenses Section 38.Said mayor and aldermen shall have full power and authority to assess a tax of not more than three hundred dollars per year upon all persons carrying on the brokerage business in said city in addition to all other tax in said city they may pay. They shall have power to license pawnbrokers, to define by ordinance their powers and privileges; to impose taxes upon them; to revoke their license; and generally to exercise such superintendance over pawnbrokers as will insure fair dealing between them and their customers. Brokerage Tax Section 39. Said mayor and aldermen shall have power to levy and collect from itinerant traders, who may, directly or indirectly, by themselves or others, sell any goods, wares or merchandise in said town, such tax as to them may seem proper. Tax on Itinerant Traders

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Section 40. Said mayor and aldermen shall have authority and power to provide by ordinance for the issuance of executions against the property of any persons who shall fail to pay when due to said city any tax, license fee, assessment, or any liability for the use of water or lights; and all such executions shall operate as tax executions. Executions for Failure to Pay Tax. Etc. Section 41. The annual expenses of said city shall be so restricted as not to exceed the annual income thereof. Expense Restriction Section 42. Said mayor and aldermen shall have the power and authority to contract debts and issue bonds of said city under and in accordance with the limitations provided in the Constitution of this State; from funds arising from the sale of any bonds thus issued to establish and maintain a system of waterworks, a system of lights, public buildings; or any other improvement, convenience or necessity for the use or convenience of the citizens of said city; to create a debt and issue bonds of said city for any other lawful purpose under the limitations herein stated; and to levy a tax of five eights of one percent annually upon the assessed property of said city to discharge said debts. Contract Debts and Issue Bonds Section 43. A bond commission of the city of Jackson is hereby created to be composed of three bond commissioners, who shall be discreet and conservative business men of said city to be elected by the mayor and aldermen as provided in this and preceding sections hereof. At the first election they shall elect three bond commissioners to serve for one, two and three years respectively and until their respective successors shall be elected and qualified. At each annual election thereafter they shall elect one bond commissioner who shall serve for three years and until his successor shall be elected and qualified. Said bond commissioners shall handle annd control the funds which shall be turned over to them from time to time for the purpose of raising a sinking fund for the final redemption of the bonds of said city which not exist or which may hereafter exist and for the payment of the interest which may become due on any of such bonds. Said

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mayor and aldermen shall provide for delivering and paying over to said commission all taxes which have been collected and all taxes which may hereafter be collected for the purpose of paying any bonded debt of said city or any interest thereon, and shall provide for delivering and paying over to said commission annually a sufficient sum to pay the accruing interest on all such bonded debt and the amount required by law to be held as a sinking fund for the final redemption of the entire bonded indebtedness of said city. From the funds which shall go into the hands of said commission all bonds of said city and interest thereon shall be paid as the same shall fall due. Said commission shall have power to invest any of the moneys in their custody in valid State, county or municipal bonds; to dispose of the same and to re-invest the proceeds; and in their discretion, to buy any of the bonds of said city of Jackson before maturity thereof and pay a premium therefor if necessary in their wise discretion. Said commission shall on the first day of January and July of each year submit to the mayor and aldermen a written statement under oath, giving a full and accurate account of all the moneys in their hands and dates of maturity of all outstanding bonds of said city and showing all other facts that will illustrate the matter over which they have jurisdiction. Said statements shall be published in the newspaper in which other statements of said city shall be published. Said commissioners shall each give a bond with some authorized surety or guaranty company as surety and as provided in the preceding sections hereof. Said mayor and aldermen shall appropriate each year the sum necessary to defray the exepnses of said commission. Bond Commissioners Investment of Funds Submission of Statement Bond of Commissioners Section 44. No order, ordinance or resolution having for its object the increase of the indebtedness of said city or the expenditure of the revenues or moneys thereof shall take effect or become binding until the same shall have received a vote of a majority of said aldermen, when any such ordinance, resolution or order is passed or made any alderman may give notice of a motion to reconsider the same and such notice shall operate to delay the force and effect of the same until such consideration can be

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had at the next regular meeting of the mayor and aldermen. And member shall have the right to call for the ayes adn nays which shall be recorded on the minutes. Ordinance for Increase of Indebtedness, How Restricted Section 45. Be it further enacted, That the mayor and council of the town of Jackson shall have power and authority to employ competent counsel for said city whose salary or compensation, term of office and duties shall be fixed by ordinance. Counsel for City Section 46. Said mayor and aldermen shall have executive power and authority to grant franchises to a person or persons for the purpose of erecting water systems, light systems, gas systems, and telephone systems, and any other purpose for which the public streets of said town are used. Franchises Section 47. Said mayor and aldermen shall have power and authority to provide for the registration of voters prior to any municipal election in said city; to make all needful rules and regulations for the same, and to require that no person be permitted to vote unless registered as aforesaid. Registration of Voters Section 48. Said mayor and each of said aldermen shall have power and authority of justices of the peace to issue warrants for offenses committed within the corporate limits of said city or upon the property mentioned in the preceding sections hereof, to bind over offenders in bailable cases to the proper court in Butts county, and to submit to the jail of said county for trial before such a court offenders in cases not bailable, and offenders in bailable cases in default of bond. Such warrant shall be directed to the police officers of said city and shall be executed by them. It shall be the duty of the jailer of said county to receive all persons so committed and safely keep them until discharged by due cause of. Warrants, Who May Issue Section 49. Said mayor and aldermen shall require the clerk to keep a book to be known as The Permanent Registration Book of the Electors of said city in which event the electors of said city shall sign said book upon an oath containing therein substantially the followings:

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I do solemnly swear that I have resided within the limits of the City of Jackson for sixty days, and that I am qualified to vote for the members of the State Legislature in the County of Butts. Oath of [Illegible Text] No person not so registered shall be allowed to vote in any election. Registration Book Section 50. Registration of electors. It shall be the duty of the city clerk to keep said permanent registration book open daily during such reasonable hours as may be prescribed by the mayor and aldermen, to enable the electors of said city to register therein; provided that no person registering therein shall be required to again register as a qualified voter of said city so long as he remains a resident of said city, and does not disqualify himself by nonpayment of taxes or otherwise, it being the purpose of this Act to provide a permanent system of registration for said city. Registration of Electors Section 51. Whenever any general or special election is to be held in said city, it shall be the duty of the clerk to close said registration book one week before said election and turn over same to the mayor, who shall, with the advice and consent of aldermen, appoint a board of three registrars whose duty it shall be to make from said books a list of voters for such election; and in making said list the registrars shall exclude the names of all persons on the registration lists who registered less than one week before said election as well as those who have died, removed from the city limits, or who have disqualified themselves in any way as legal voters. The list of voters so made up by the registrars shall be furnished to the managers of the election, and no person whose name does not appear on said list shall be allowed to vote in said election unless he produces a certificate signed by the registrars that his name was omitted by accident or mistake. The mayor and aldermen shall provide a reasonable compensation for the work done by the registrars. List of Voters Section 52. There may be an appeal from decision of the board of registrars, as to the right of a person to register, to a committee of three registered voters of said

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city previously appointed by the mayor and council for that purpose, whose decision shall be final. All appeals shall be made, heard, and determined within five days from the time the appeal shall be filed. After all appeals are decided it shall be the duty of the clerk of registrars to make a correct list of the registered voters and furnish the managers of the election a certified copy of same. The registration book shall be open to the inspection of the public at all times during office hours. The said committee of registrars shall have the authority to purge said registration lists of all illegal voters upon three days' notice to the person or persons who have registered illegally or are disqualified. Notice may be given by a letter addressed to said illegally registered person by mailing same to him at Jackson, Georgia. Appeal Purge of Voters List Section 53. It shall be the duty of the clerk of registrars to furnish the managers of the election at or before the opening of the poles on the day of election, with a complete list of registered voters arranged in alphabetical order, certified to under the hand of the clerk of the registrars, and the corporate seal of the city. Clerk of Registrars to Furnish List Section 54. That the Mayor and Council of said City are hereby authorized to assess, levy and collect a sanitary tax and to create and maintain a sanitary department, elect their officers and employees, prescribe their duties and fix their salaries. They shall have the right by ordinance to prescribe sanitary regulations for the said city of Jackson and collect the same against any person, firm or corporation domiciled within the corporate limits of said city for whom the sanitary department may render service. Sanitary Tax Section 55. That the Mayor and Council of said City are hereby invested with full power and authority to establish, equip, maintain, modify, extend and improve, a system of sewerage and drains in said City of Jackson and to adopt by ordinance such regulations as may be needful and necessary in connection with the same, including such charges as may in the discretion of said Mayor and Council seem reasonable and proper for sewer

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connections and/or service, which said charges shall be enforceable in the same manner that charges for water furnished to said City are enforced. System of Sewerage and Drains Section 56. That the Mayor and Council of said City of Jackson shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying of water, electric lights, or power energy, gas, heat, and sewer service; they shall have a right to require of each consumer a deposit, which may vary according to the estimated consumption, to insure the prompt payment for such service; the shut off and refuse to furnish water, heat, electric lights, electric energy or power, gas or other commodity, where deposit of where payment for same is not promptly paid and to enforce by execution against any consumer or person served in the same manner as tax executions are issued and enforced. Collection for Utilities Section 57. That the Mayor and Council of said City shall have the power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the travel and drainage of the sidewalks, streets, squares, public lanes and alleys of said City. In order to carry into effect the authority above they shall have the right to assess the costs of such improvements or any part thereof on the real estate abutting upon said streets, sidewalks, public lanes and alleys of said city. Improvement of Streets, Etc. Section 58. That the Mayor and Council of said City shall have the right and power to require that permits be obtained for the purpose of erecting any building within the City of Jackson and to require that any person, firm or corporation conform to the standard building codes in the construction and erection of said buildings. Building Permits Section 59. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 31, 1946.

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JACKSONVILLE CITY CHARTER AMENDMENT No. 497 An Act to amend an Act entitled an Act to create and incorporate the City of Jacksonville, in the County of Telfair, and grant a charter to the municipality under that corporate name and style; to prescribe and define the corporate limits thereof; etc., approved March 24, 1939 (Acts 1939, pp. 1126-1130) by striking in its entirety Section 11 of said Act and substituting in lieu thereof a new Section 11 so as to extend and redefine the limits of said City of Jacksonville; 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 March 24, 1939 (Acts 1939, pp. 1126-1130) entitled an Act to create and incorporate the City of Jacksonville, in the County of Telfair, and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof; etc., be, and the same is hereby amended by striking from said Act all of Section 11 in its entirety and by substituting in lieu thereof a new Section to be numbered Section 11 extending and defining the corporate limits of the City of Jacksonville and to read as follows: Ga. L. 1939 PP. 1126-1130 Amended Section 11. The corporate limits of said City of Jacksonville, in Telfair County, shall extend one mile in all directions from the center of the intersection of the roads leading from Rhine to Lumber City and from McRae to Douglas. Corporate Limits Section 2. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved January 30, 1946. LA GRANGE CITY CHARTER AMENDMENT No. 485 An Act to amend the Charter of the City of LaGrange so as to provide for an emergency tax for certain years; to

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provide for the condemnation of land and property for school purposes in said City and for other purposes. Be it enacted by the General Assembly annd it is hereby enacted by the authority of the same: Section 1. That Section 25 of the Act to create a new charter for the City of LaGrange in the County of Troup approved December 16, 1901 as amended by an Act amending the Charter of the City of LaGrange approved July 23, 1920 be and is hereby amended by striking the same and inserting in lieu thereof the following: Act Dec. 16, 1901 Amended Section 25. Be it further enacted that for the purpose of raising revenue for the support and maintenance of the City Government and all expenses and liabilities except schools, the Mayor and Council shall have full power and authority and shall provide by Ordinance for the assessment and collection of an ad valorem tax on real and personal property within the corporate limits of said City, which is subject to be taxed by the State, said tax not to exceed three fourths (3-4) of one (1) per cent upon the value of said property for ordinary current expenses. In addition to the above tax herein allowed, the Mayor and Council shall have power and authority to levy a tax upon all said property not to exceed three fourths (3-4) of one (1) per cent upon the value of said property for educational purposes. In addition to the tax above authorized, the Mayor and Council shall have power and authority to levy upon all of said property to pay the expenses and liabilities of the City, a tax for the years 1946, 1947 and 1948 not to exceed one half () of one per cent upon the value of said property for the years 1946, 1947 and 1948 as a special emergency tax for said years. All of said tax shall be levied and collected in the same manner and under the same terms and conditions, as ar fixed by law and provided by Ordinance. Ad Valorem Tax Section 2. That Section 40 of the Act to create a new charter for the City of LaGrange in the County of Troup approved December 16, 1901 be amended by adding just after Section 40 of said Act and before Section 41 of said Act the following Section, to wit:

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Section 40-A. Be it further enacted that the Mayor and Council of the City of LaGrange shall have full power and authority to condemn land and other property for school purposes when necessary for the use of any public school in said City, or for the enlargement of the grounds of said school, or for the purpose of enlarging and improving the school buildings of said City or for their benefit, in the manner already provided by law for the condemnation of land for the purposes of opening and laying of new streets and alleys and widening, straightening or otherwise changing the streets, grades of streets and sidewalks and alleys of said City. Condemnation for School Purposes Section 3. Be it further enacted by the authority aforesaid that in case any section, paragraph, sentence clause, or part of this Act be declared to be illegal, void, or unconstitutional, the illegality, invalidity, and unconstitutionality of such section, paragraph, sentence, clause or part shall not effect the remaining provisions of this Act. Invalidity of Part Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 30, 1946. MACON CITY CHARTER AMENDMENT No. 476 An Act to amend the charter of the City of Macon, approved August 3, 1927 (Georgia Laws 1927, pages 1283, et seq.) and the Act amendatory thereof approved August 14, 1929 (Georgia Laws 1929, pages 1165, et seq.) by inserting therein an appropriately numbered section, which new section confirms in the City of Macon the fee simple title to the portion of the streets encroached upon by its City Hall and Water Board Building adjacent to Squares 62 and 77 in said City, and which further provides that adjacent property owners in said Blocks may acquire encroachments in the same streets out to the line of said buildings erected by said City, and for other

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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 charter of the City of Macon, approved August 3, 1927 (Georgia Laws 1927, pages 1283, et seq.) and the Act amendatory thereof, approved August 14, 1929 (Georgia Laws 1929, pages 1165, et seq.) be, and the same is hereby amended so that the following provisions of this Act will appear in said charter as amended as Section 83A. Ga. L. 1927, P. 1283 et Seq. Amended Section 2. That the title of the City of Macon to the portions of the streets adjacent to Square 62 encroached upon by the City Hall, and to the portions of the streets adjacent to Square 77 encroached upon by the building of the Board of Water Commissioners is hereby ratified and confirmed in fee simple. Land Title Ratified Section 3. That the City of Macon, be, and it is hereby authorized to grant encroachments on the same streets encroached upon by said City buildings to the property owners in said Squares 62 and 77, which encroachments will bring the property lines of such adjacent owners out on a line with said City Hall or the Water Board Building as the case may be, unless a smaller encroachment be sought by the property owner or granted by said City. The provisions of the charter of the City of Macon now in force governing methods of obtaining encroachments, the procedure to be followed and consideration to be paid shall control the acquisition of encroachments adjacent to said Squares. Authority to Grant Encroachments Section 4. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved January 30, 1946. MADISON CITY CHARTER AMENDMENT No. 514 An Act to amend an Act Creating a New Charter for the City of Madison in Morgan County, Georgia, approved

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October 6, 1891, and the several acts amendatory thereof, so as to grant additional powers to said city; to authorize the City of Madison and the proper authorities thereof to have the right, power and privilege of extending its present water mains and lines beyond the present corporate limits of the City of Madison; and to place water meters beyond said corporate limits; to furnish water for both domestic and commercial purposes; and for any other needful, necessary, or pertinent powers, rights and privileges pertaining to the extension of the water works system beyond the present corporate limits of the City of Madison; to fix the rates for the sale of water beyond the present corporate limits of the City of Madison; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, the City of Madison and the proper authorities thereof, shall have, in addition to the existing powers provided in an Act Entitled an Act Creating a New Charter for the City of Madison in Morgan County, Georgia, approved October 6, 1891, and any and all acts amendatory thereof, the following powers and privileges, and there is hereby added to said Act as amended, the following powers and privileges, to-wit: The City of Madison and its proper authorities are hereby authorized and granted the right, power and privilege: 1. To extend its present water mains and lines beyond the present corporate limits of the City of Madison. Additional Powers of City Authorties 2. To place water meters beyond said corporate limits and to fix the rates for the sale of water beyond the present corporate limits of the City of Madison. 3. To furnish water for both domestic and commercial purposes. 4. To do any other needful, necessary or pertinent thing pertaining to the extension of the water works system

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beyond the present corporate limits of the City of Madison. Section 2. Be it further enacted by the authority aforesaid that all acts and parts of acts in conflict with this act are hereby repealed. MILAN TOWN CHARTER AMENDMENT No. 518 An Act To amend the Act approved August 26, 1931 (Acts 1931, pages 901-903) entitled an Act to amend an Act entitled an Act to amend and consolidate the several acts incorporating the Town of Milan, in the Counties of Telfair and Dodge; to create a new charter and a municipal government for the City of Milan; to provide an election and qualification of officers for the City; and for other purposes, approved August 21, 1916 (Acts 1916, pp. 796 et. seq.), by striking from the Act approved August 26th, 1931, Section 7 and by rewriting said Section 7 so as to provide that J. S. Conley shall act as Treasurer until the next regular city election and to provide that the people of the City of Milan shall elect the Treasurer to succeed J. S. Conley and all future Treasurers; to require the Treasurer to give a solvent bond with the surety company for $1000,00 to be approved by the Mayor and Council; to provide that the treasurer shall collect all taxes for the City and shall disburse the City funds on the voucher of the Mayor or the Mayor and Council; 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 26, 1931) Acts 1931, pp. 901-903) entitled an Act to amend an Act entitled an Act to amend and consolidate the several Acts incorporating the Town of Milan, in the Counties of Telfair and Dodge, to create a new charter and a municipal government for the City of Milan; to provide an

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election and qualification of officers for the City, and for other purposes, approved August 21, 1916 and contained in the Acts of 1916, pages 796 et seq., be, and said Act approved August 26, 1931, is hereby amended by striking from said Act approved August 26, 1931, Section 7 in its entirety, and by substituting in lieu of said section a new Section to be numbered Section 7 and to read as follows: Ga. L. 1931 PP. 901-903 Amended Section 7. J. S. Conley is hereby appointed treasurer for the City of Milan to hold office until the next election to be held for election of city officials. At the next election for city officials the qualified voters of the City of Milan shall elect a treasurer to succeed the said J. S. Conley, and thereafter at the time of electing other city officials the qualified voters of the City of Milan shall also elect a treasurer for said City. The term of office of the city treasurer elected by the qualified voters shall be the same as that of Mayor and Council. The Treasurer named and appointed by this Act, his successor, and all other duly elected treasurers shall give a bond in the sum of $1000.00 with a solvent surety company as surety to be approved by the Mayor and Council for faithful discharge of all duties, and for a correct accounting for all monies received by him. It shall be the duty of the treasurer to collect all city taxes, of all kinds, and to deposit the same in some bank designated by the Mayor and Council. City funds shall be disbursed and paid out by said treasurer on the voucher of the Mayor or the Mayor and Council. The Mayor and Council of said City shall fix the salary and compensation of said treasurer, and he shall perform such duties, other than the ones herein enumerated, as may be required of him by the Mayor and Council from time to time. Appointment of Treasurer Section 2. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved January 30, 1946.

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PELHAM CITY CHARTER AMENDMENT No. 479 An Act to amend the charter of the City of Pelham so as to empower said City to levy an ad valorem tax not to exceed twelve mills on all the property, real and personal within the corporate limits of said City which is taxable under the laws of the State for the purpose of supporting and maintaining the schools of said City of Pelham; to extend the corporate limits of the said City of Pelham, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this act, that the City of Pelham, in the County of Mitchell, State of Georgia, shall have the right to levy an ad valorem tax not to exceed twelve mills on all the property, real and personal, within the corporate limits of said City of Pelham which is taxable under the laws of the State of Georgia, for the purpose of supporting and maintaining the schools of said City of Pelham. Ad Valorem Tax Section 2. Be it further enacted by the authority aforesaid that from and after the date of the passage and approval of this act, the incorporate limits of the City of Pelham, shall be extended for a distance of three-eighths (3-8ths) of a mile in every direction from the present city limits of the City of Pelham, so that the corporate limits of said City of Pelham shall hereafter extend one and one-eighth (1 1-8th) miles in every direction from the depot of the Atlantic Coast Line Railroad in said City of Pelham, so as to include all of the territory in every direction within one and one-eighth miles of the depot site aforesaid, under which the authorities thereof shall have jurisdiction. Corporate Limits Extended Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved January 30, 1946.

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POOLER TOWN CHARTER AMENDMENT No. 507 An Act to amend an Act to provide and establish a legislative Charter for the Town of Pooler in the County of Chatham; to confer additional powers upon the officers of said town; to define and describe its corporate limits; to provide a Government for said Town and to confer certain rights, powers and privileges on same; to continue and confirm certain powers heretofore granted to said corporation; to provide for a Mayor, Council, Recorder and officers for the Town of Pooler and to prescribe the manner of their elections, their powers and duties; to prescribe the manner of their removal; to prescribe the manner of filling vacancies; to prescribe the rights, powers, duties, liabilities and qualifications of officers and the manner of their election; to prescribe for the retention in office of the present officers; to provide for the manner and time of holding elections for municipal offices in said town; to provide for the qualifications of the voters therein; to provide for the oath of officers in said town; to provide for a Permanent Registration Book for voters and the time for the closing of said book; to provide for the salaries of officers of said town; to provide for the Mayor's Court of Police Court and the trial and punishment therein of all offenders against the laws of said town and the manner of appeal therefrom; to authorize the appointment of a Treasurer, Police and Health officers and other employees as the Council may deem necessary for the safety, health and welfare of the town; to provide the assessments, levies and collection of an ad valorum tax on all property, real and personal for general purposes and an additional tax for the retirement of Bonds; to authorize assessment of a tax for street work and improvements; to provide for the appointment of tax assessors of said town; to provide the manner in which taxes and licenses shall be collected for said town; to provide for taxation and license on business, and in addition to

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business, trade and professions, as shows, theatricals, exhibitions and other things in said town; to grant the right of eminent domain; to provide for water works and sewer system in said town; to provide for opening, laying out, establishing and maintaining streets, avenues, lanes, alleys, sidewalks and crossings in said town; to provide for the establishment of a police district within one mile from any point within the corporate limits of said town; and the exercise of police power over said district; to confer powers to pass zoning and planning laws and to adopt a building code in said town: to grant authority to furnish water to property located within two miles of the corporate limits of said town; to prescribe the manner of appeals from the judgment of the Mayor's Court and from findings of the Tax Assessors and to provide for the taking of bonds; to provide for a Board of Health with quarantine powers; to empower the Mayor and Aldermen of said town to adopt all ordinances, rules, regulations and resolutions which tend to promote the safety, health, good order and general welfare of the inhabitants of said town; to provide for the abatement of nuisances, and power to define nuisances in said town; to provide for all matters and things necessary or proper and incident to a municipal corporation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: That the town of Pooler, a municipal corporation heretofore existing in the County of Chatham, having been incorporated by the Superior Court of Chatham County, Georgia on October 25th, 1907, it is hereby reincorporated under the same name and made an continued as a body corporate and political under the name of the Town of Pooler, without any break in the continuity of its existence, it being the same corporation under a legislative charter, and under said charter said town shall have the same rights, privileges and powers heretofore enjoyed under said Superior Court Charter and in addition thereto

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shall have perpetual succession, and the right to contract and be contracted with, to sue and be sued, to plead and be impleaded, and to have and use a common seal, to do such other things as may be needful for the Government, good order and welfare of said town and its inhabitants, to exercise such rights, powers, functions, privileges and immunities as belong to municipal corporations generally under the law, as well as those hereinafter generally enumerated, and to do all other acts and things relating to its corporate capacity; and also under said name to purchase, hold, lease, receive, enjoy, possess and retain for the use and benefit of said town any property, real or personal of whatsoever kind or nature within the limits or without the limits of said Town. Reincorporation Rights and Powers Section 2. Be it further enacted that the corporate limits of the Town of Pooler are and shall be the present limits, which are described in the proceedings in the Superior Court of Chatham County, Georgia, in folio of judgments 17864, as being approximately a half mile square the center of which is the depot of the Central of Georgia Railway Company in said town, and being more particulary described by a map or plan of said Town of Pooler, laid out and run December 6th, 1906, by D. M. Weitman, which maps or plans is attached to the petition for incorporating the Town of Pooler, said petition being of record in the office of the Clerk of the Superior Court in judgment records folio 17864. Corporate Limits Section 3. Be it further enacted that the municipal government of said town shall be vested in a Mayor and five (5) Aldermen. The present Mayor and Aldermen and Recorder shall continue in office until the expiration of their terms, and until their successors are elected and qualified, as hereinafter provided. An election shall be held, as is now provided, on the first Thursday in January, 1947, to fill the offices of Mayor, five (5) Aldermen and Recorder. The Mayor, Aldermen and Recorder then elected shall serve until their successors are elected and qualified. On the third Thursday in January, 1949, an election shall be held for a Mayor, five (5) Aldermen and

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Recorder, who shall hold office for a full term and period of two (2) years, and until their successors are elected and qualified. Thereafter on the third Thursday in January of each succeeding two years (1951, 1953, 1955, etc.), an election shall be held for a Mayor, five (5) Aldermen and Recorder, each of said officers shall be elected to serve for a period of two (2) years and until their successors are duly elected and qualified. The hours of voting at such election shall be between seven o'clock in the morning and six o'clock in the afternoon, Eastern Standard Time. No person shall be qualified to hold office of Mayor, Aldermen or Recorder unless he or she is a qualified voter of said town. Government Term of Office Qualifications Section 4. Be it further enacted that qualified persons aspiring to the offices of Mayor, Aldermen or Recorder, shall on or before the Twentieth day of December, proceeding the January election, request the Recorder to place his or her name on the ballot to be prepared for said election, and shall, at the same time, pay to the Treasurer of said town the sum of (Eight) Dollars if he or she be qualified to run for Mayor, and the sum of Five ($5.00) Dollars if he or she be qualified to run for Recorder or Aldermen. Said fees to be used to help defray the expenses of the printing of the ballots and of the election and the balance, if any, to be placed in the common treasury of said Town. Registration of Candidates Section 5. Be it further enacted that the Recorder of said town shall discharge all the duties imposed upon him by the charter and the ordinances of said town. He shall, as Recorder, be Clerk of Council, keeper of the records of said town, and shall be clerk of the Mayor's Court, and shall issue all processes of said court. For the willful neglect of duty or abuse of any of the powers conferred upon him, he may upon hearing be removed by the majority vote of the Mayor and Aldermen. Should any criminal charge be brought against him he may at the discretion of the Mayor and Aldermen be suspended from office, and upon conviction shall be removed from office. Pending such suspension and upon removal the Mayor and Aldermen shall have power to appoint some person to discharge

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the duties of his office. Recorder Section 6. Be it further enacted, that at the first meeting of the Mayor and Aldermen of the said Town of Pooler or as soon hereafter as practicable, one of the Aldermen elected shall be chosen as Mayor pro tempore, by a majority vote of the Mayor and Aldermen, and such Mayor pro tempore shall, in case of the absence, death or resignation of the Mayor, be vested with all his power and authority, and execute all the duties pertaining to the office. In the absence of both the Mayor and Mayor pro tempore, one of the Aldermen shall be elected by the Board who shall have like power and authority. Mayor Pro-Tempore Section 7. Be it further enacted, that in case of a vacancy in the office of the Mayor, Aldermen or Recorder by death, resignation, failure to elect, removal from office or otherwise, his successor shall be elected by a majority vote of the remaining Mayor and Aldermen. Filling Vacancies Section 8. Be it further enacted, that all elections held under the provisions of this charter shall be superintended and managed by three freeholders of said town, all of whom must be duly qualified voters at such elections and each of said managers before entering on his duties as such shall take and subscribe on oath before some Notary Public or other officer qualified to administer oaths, that he will faithfully and impartially conduct said election, prevent all illegal voting, and honestly declare the result of said election to the best of his skill and power. The said manager shall be appointed by the Superior Court of Chatham County, Georgia, at least as far as practicable, in the appointment of said managers give representation to the contending factions of such election. The managers shall be paid for their services as such the sum of $5.00 each by the Treasurer of the said Town of Pooler. Management of Elections The person or persons receiving the highest number of votes cast at such election for Mayor and Aldermen, respectively, shall be declared elected, and the managers of such election shall issue, within twenty-four hours of such election certificates of election to such persons. The voting place for such election shall be at the Town Hall of

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said Town of Pooler. Certificate of Election Section 9. Be it further enacted, that after the votes at any election shall have been counted by the managers, they shall certify two lists of voters and two tally sheets and shall place one of the said tally sheets and one of the said lists of voters with the ballots, in the ballot box and deposit the same, securely sealed with the Town Marshal; the other list of voters and tally sheets shall be filed, securely sealed by the managers, with the Recorder and the said Town Marshal and Recorder, in the presence of the election managers, upon the expiration of sixty days from the date of election, shall destroy the said tally sheets, list of voters and ballots, without examination, or permitting the same to be examined, provided no notice of contests of such election shall have been filed and be pending. Voters List Section 10. Be it further enacted, that on the first Tuesday in February after any election, or as soon thereafter as practicable, the persons so elected shall appear at the Council room of said town and take and subscribe the following oath before any judicial officer of this State, before he shall be entitled to enter upon the duties of his office, to-wit: I, A. B., do solemnly swear that I will faithfully and honestly perform the duties of Mayor (or Aldermen, as the case may be) of the Town of Pooler, to the best of my skill and ability, without favor or affection, so help me God, which oath, together with the certificates of election, shall be recorded on the minutes of said Mayor and Aldermen. Oath of Office A like oath shall be subscribed by the Recorder and by the Town Marshal, upon their election before the Mayor of Said Town of Pooler, who is hereby clothed with authority to administer such oath. Section 11. Be it further enacted, that all persons qualified to vote for the members of the General Assembly of the State of Georgia, and who will have been residents of said Town of Pooler continuously for a period of twelve (12) consecutive months prior to the election of which they offer to vote, and who shall have registered as required

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by the registration laws of said town, shall be qualified to vote at any election held under the provisions of this charter. Qualifications of Voters Section 12. Be it further enacted, that it shall be the duty of the Recorder to keep a book to be known as the Permanent Registration Book of the electors of said town, and the electors of said town shall sign said book upon taking the oath contained therein which shall be substantially as follows. I do solemnly swear that I am a legally registered voter of Chatham County, and upon the permanent qualification book of said county, and I do further swear that before the next town election that I will have been residing within the limits of the Town of Pooler continuously for a period of at least twelve (12 months,) so help me God. The said oath shall be administered by the Recorder, who is hereby clothed with authority to administer the same. Permanent Registration Book Section 13. Be it further enacted, that the Recorder shall keep said Permanent Registration Book open during reasonable hours as may be prescribed by the Mayor and Council to enable the electors of said town to register therein, and no person registering therein shall be required to again register as a qualified voter of said town so long as he remains a bona fide resident of said town and qualified to vote for members of the General Assembly of the State of Georgia, it being the purpose of this Act to provide a permanent registration for said town. Time of Keeping Book Open Section 14. Be it further enacted, that whenever any general or special election is to be held in said town it shall be the duty of said Clerk to close the said registration book thirty days before the said election and turn over the same to the Mayor, who shall, with the advice and consent of Council, appoint a Board of three Registrars, whose duty it shall be to make from said book a list of said voters for such election, and in making said list of registrars shall exclude the names of all persons on the registration book who have died, removed from the corporate limits, have not been residents of the town for a period of twelve (12) months before the election, or

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who have otherwise disqualified themselves. The list of voters so made up by the registrars shall be posted by the Recorder, and kept at the door of the Town Hall of said Town at least ten days before the election and a list of the names of those who have been stricken shall in like manner, and at the same time, be posted. Any person who has been omitted from said list, or whose name has been stricken, shall have the right to appeal to the registrars to place his name upon such list at any time up to within two days of the election. The list of voters so made up by the registrars shall be by the said registrars furnished to the managers of the election and no person whose name does not appear on said list shall be allowed to vote in said election unless he produces a certificate signed by the registrar that his name was omitted therefrom by mistake or accident. In appointing the registrars the Mayor shall, as far as practicable, give each of the contending factions at said election, representation thereon. Closing of Book Before Election Board of Registrars Section 15. Be it further enacted, that the Recorder shall be paid a salary not to exceed $200.00 per annum, to be fixed by the Town Council by annual ordinance. The Mayor shall be paid a salary not to exceed $100.00 per annum, to be fixed by the Town Council. The Aldermen, each, shall be paid a salary not to exceed $50.00 per annum, to be fixed by the Town Council. Salaries Section 16. Be it further enacted that that Mayor shall be the Chief Executive of the Town of Pooler; he shall see that all laws, ordinances, resolutions and rules of the town are faithfully executed and enforced, and that all officers of the town discharge faithfully the duties required of them or pertaining to their office. The Mayor shall have general supervision of all the officers of the town; he shall preside at all meetings of the Mayor and Aldermen of the Town of Pooler; he shall have the right to vote in elections for officers, except as herein provided, and upon all other questions before said body where there is a tie vote, except upon questions where he is disqualified by reason of interest, relationship or otherwise. Powers of Mayor Section 17. Be it further enacted, that they shall be a

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Mayor's Court for the trial of all offenders against the laws and ordinances of the Town of Pooler, to be held by the Mayor, and during his absence or disqualification, by the Mayor pro tem, and in the absence of both, some Aldermen designated by the Mayor. Said Court shall have the power to preserve order and compel attendance of witnesses; to punish for contempt by imprisonment not exceeding two days, or fine not exceeding ten dollars, either one or both, in the discretion of the Mayor or other presiding officer. Said Mayor's Court shall have full power and authority, upon conviction, to sentence any offender to labor on the streets or other public works of said town, or to imprisonment or labor on the chain gang of Chatham County, for a period not to exceed thirty days, and to impose a fine not to exceed one hundred dollars. Either of said penalties, or the fine provided and one of the thirty day sentences may be imposed, in the discretion of the Court. Mayors' Courts Section 18. Be it further enacted, that the Mayor and each of the Aldermen shall be bound to keep the peace, and shall be ex-officio Justices of the Peace, so as to enable them to issue warrants for violation of the criminal laws of the State committed in the Town of Pooler, and shall have full power, on examination, to commit the offenders to the jail of Chatham County, or to bail them if the offense is bailable, to appear before the Court having jurisdiction. Mayor and Aldermen as Ex-officio Justices of Peace Section 19. Be it further enacted, that the Mayor and Aldermen of the Town of Pooler shall have full authority and power to appoint and elect a Treasurer, who as such shall be custodian of the funds of the town and elect such police and health officers and other officers and employees as they may deem necessary for the safety, health and welfare of the town, and shall have power to regulate the time, mode and manner of electing or appointing such officers and employees, to fix their fees and salaries, to fix and take their bonds, to prescribe their duties and oath of office, and they may in their discretion suspend, remove or discharge them at any time with or without cause. Treasurer

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Section 20. Be it further enacted, that the said Mayor and Aldermen are also hereby vested with full power and authority to make such assessments and levy such taxes on the inhabitants of said city, and those holding taxable property within the same, and those who transact or offer to transact business therein, as said corporate authorities may deem expedient for the safety, welfare, benefit, convenience and advantage of said town and may enforce the payment of such assessment and taxes in such manner as said Mayor and Aldermen may prescribe. Besides real and personal property, the said corporate authorities may tax telegraph, telephone, railway and light companies erecting their poles on the streets, lanes, public ways, or thoroughfares in the said city, the same to be reasonable compensation for the use of such streets, lanes, public ways and thoroughfares. The ad valorem tax which may be levied by authority of this section shall not exceed of 1 per cent of the assessed value of the property taxed. The said tax levy shall be by ordnances duly passed and recorded, the total ad valorem tax not to exceed five mill ( of 1 per cent). Provided, however, the said Mayor and Aldermen may levy such additional ad valorem tax, in excess of five mills, as may be necessary to pay the interest and principal retirements of any duly authorized bonds, issued for the purpose of constructing or improving waterworks or paving and improving the streets, roads and highways of said town or any part thereof. Such levy shall be published before the door of the Town Hall of said town continuously for a period of at least (10) days immediately after the passage of the ordinance, and before the time appointed for the collection of such taxes. Taxes Section 21. Be it further enacted, that the Mayor and Aldermen of the said town are hereby authorized and empowered to require each made resident, between the age of eighteen and sixty years, who is living within the present or future corporate limits of said town, on the first day of January of each year, to work upon the streets of said town, as the said Mayor and Aldermen may direct, for as many as three days each year, or in lieu of such

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work, to pay, as a road of street tax, as much as $3.00 annually, to be used upon the said street. The said Mayor and Aldermen are further authorized and empowered to provide for the collection of said tax by execution, which may be issued, made and levied as are executions for city taxes, and also for the imprisonment not longer than five days of any such as fail or refuse, after due notice, to perform the work required, or to pay the said tax. Provided, however, that any bona fide resident of said town who pays this tax shall not be called upon to do any road duty by the Commissioners of Road and Revenues of Chatham County, Georgia, nor be required to pay any street tax which may be imposed by any other municipal corporation of the State of Georgia; provided further, that this tax shall not apply to any persons who are attending school or college, or members of any military force of the State or National Government. Work on Streets Street Tax Section 22. Be it further enacted, that the Mayor and Aldermen of said town are authorized to elect three freeholders residing in said town as Assessors, who shall value and assess all property within said town, liable for taxation at its actual market value and no more. All persons dissatisfied with the value placed upon their property shall appear before said assessors, produce testimony as to the value of the property and the decision of said Assessors, after the evidence shall be final on all issues of fact. Provided, however, that any person dissatisfied with the judgment of said assessors may appeal from their decision by certiorari to the Superior Court of Chatham County, Georgia. But in the event of appeal, the party so appealing shall pay his taxes upon the assessment fixed by the Board of Tax Assessors of said town, and if the final judgment in the case is decided adversely to the Town of Pooler, then such party shall be paid from the Treasury of the Town of Pooler, the difference between the amount of tax paid by the appellant and the amount of the taxes adjudged to be due on the final determination of the case. The said Mayor and Alderman shall have the power and authority to require the return of all taxable property for taxation and shall have power

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to double tax defaulters. Board of Tax Assessors Section 23. Be it further enacted, that the Mayor and Aldermen of the Town of Pooler shall have the right, and it is hereby made their duty, during December of each year, for the succeeding year, to prescribe the time or times at which all taxes and licenses shall be due, and shall have the power to enforce the same by execution issued by the Recorder directed to the Marshal, and bearing test in the name of the Mayor, and sales under such executions shall be had as prescribed in Chapter 92-44 of the Code of Georgia 1933 and the acts amendatory thereof, the said Town may purchase at said sale, as is provided in said Chapter. Executions Section 24. Be it further enacted, that the Mayor and Aldermen of the Town of Pooler shall have power and authority in addition to the foregoing to levy and collect a specific tax or occupation tax, on all business, corporation, professions, callings or trades exercised within the town, as may be deemed just and proper; to fix a license on theatricals, exhibitions, circuses and shows of all kinds; on drays, hacks, boarding houses, restaurants, fish stands, livery stables, auctioneers and vendue masters; itinerant traders, itinerant lightning rod dealers, emigrant agents, employment agents, clock and stove peddlers of all kinds, itinerant dealers in jewelry and all other traveling or itinerant venders of articles, goods, wares and merchandise of every nature whatsoever, every keeper of a billiard, pool or ten pin or bowling alley, when kept for public use; upon the keeper of any other table, stand or place on which any games are played with sticks, balls, rings or other contrivances by the public for pecuniary gain; prize punch boards and chance machines, and upon the keeper of flying horses, velocipedes and skating rinks, insurance agents of life, fire and accident companies, brokers, dealers in futures, loan agents and agents of every and any other business or calling whatever; keepers of slaughter houses, oyster houses or factories; beef markets, green groceries, dealers in fish and oysters, fruit, bread and other articles of food; upon every junk shop, pawnbroker and upon all

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other establishments or business callings or avocations not heretofore mentioned, and which, under the laws of the State of Georgia, are subject to license or occupation tax. And they shall also have power to regulate and control such businesses, professions, callings or trades. Occupation Tax Section 25. Be it further enacted, that the Mayor and Aldermen of the Town of Pooler shall have power and authority after just and adequate compensation first paid therefor, to open, lay out, widen, straighten or otherwise change all the streets, sidewalks, alleys and squares in said town. Whenever the said Mayor and Aldermen of the Town of Pooler shall exercise the power herein delegated, they shall proceed under Sections 36-301, et seq., of the Code of Georgia, 1933. Power to Improve Streets and Sidewalks Section 26. Be it further enacted, that the Mayor and Aldermen of the Town of Pooler shall have full power and authority to establish and fix a system of grading and draining of the streets of said town as may be deemed proper, and shall have the power to compel owners or lessees of property to construct and keep in good order the sidewalks in front of their property. If any owner or lessee shall fail to comply with the requirements of the town authorities in this regard, the work shall be done under the direction of the town authorities and execution shall issue for the cost thereof against such owner or lessee, to be collected as are executions for city taxes; provided, that the defendant may have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, as provided in Section 29 of this Act. Grading and Draining Streets Section 27. Be it further enacted, that the Mayor and Aldermen of the Town of Pooler shall have full power and authority to erect waterworks and to establish and maintain a system of water supply and a sewerage system for this town; to compel lot owners to connect with said sewers, and may purchase or condemn any property within or without the town as may be necessary for either of said public works. In case it shall be necessary to condemn any property under this section, or for any

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other public works, the proceedings shall be the same as in Section 25 of this charter. Waterworks Section 28. Be it further enacted, that the Mayor and Aldermen of the Town of Pooler shall have power and authority to move, or cause to be moved, any stove, oven, stovepipe or other things which shall endanger the town as to fire, at the expense of the owner and as the prudence of the said Mayor and Aldermen shall direct. Fire Hazards Section 29. Be it further enacted, that the said Mayor and Aldermen of the said Town of Pooler shall have power and authority to enforce by execution the collection of any amount due or to become due for taxes, water rent, for licenses, tax assessments and appurtenances of every kind, for fines and forfeitures, for paving streets, sidewalks, lanes and alleys, paving, sewers and drains for cleansing and repairing privies, and for any other debt due the town. Such execution shall be issued by the Recorder against the person, corporation or firm by whom any such debt may be due, which execution shall be levied by the Marshal on the property of the owner against whom such execution shall issue and the same sold as provided by the Code of Georgia, 1933, for municipal levies and sales for taxes, or any amendments thereof. Provided, that the defendant may have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and that affidavit received for the balance; all such affidavits shall set out in detail the reasons why the defendant claims that the amount is not due, and when so received shall be returned to the Superior Court of Chatham County and there tried, and the issues determined as in case of illegality, subject to all the pains and penalties provided for in the case of illegality for delay. Executions to Cover Assessments Affidavit of Illegality Section 30. Be it further enacted, that when fi. fa. shall issue as provided in the preceding section, and property shall be claimed by a third person, such claimant may interpose his claim thereto as now provided by law for

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claims under tax fi. fas. for State and county taxes; such claim to be returned to and heard in the Superior Court of Chatham County. Claims Section 31. Be it further enacted, that should the Mayor and Aldermen, or other officer of said town, while in office, be guilty of any wilful neglect of duty or abuse of power, or of holding office in said town after he becomes disqualified for any reason, he shall be subject to be indicted before the Superior Court of Chatham County and upon conviction shall be fined not exceeding $500.00 in the discretion of the Court, and shall be removed from office. Abuse of Power by Officer Section 32. Be it further enacted, that it shall be the duty of the Marshal of said town, and any police officer that may be appointed by the authority of the Mayor and Aldermen, to arrest and prosecute all offenders of any laws committed within the corporate limits of said town. It shall also be their duty to arrest or cause to be arrested all persons committing or attempting to commit any crime or offense against the ordinances of said town, and to commit them to the guardhouse of said town or other place of confinement to await trial. For the purpose of preserving the peace, prevent riots and suppression of crime, the said Marshal and police officers shall have authority to make arrests anywhere within the limits of Chatham County. It shall further be their duty to execute all processes and orders of the Mayor and Aldermen of the Town of Pooler when directed to them, or to either of them, to discharge any other duty imposed upon them by the laws, ordinances, rules and regulations of said town. Law Enforcement Section 33. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act there is established a police district for and adjacent to the Town of Pooler, which shall embrace the land and territory outside the corporate lines of the Town of Pooler within one (1) in a straight line from any point of the present or future limits of said Town of

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Pooler. That the Town of Pooler shall have and exercise police powers and police jurisdiction over and in said police districts. That all, laws and ordinances in force in the Town of Pooler, or that may hereafter be enacted by the Mayor and Aldermen of the Town of Pooler, in reference to offenses against the public health, against the public peace and transquility and against public morals, as well as all ordinances for the preservation of peace and good order and the safety of property, person and life, shall be in force within the territory comprising the said police district in the same manner and to the same extent as they are in force within the corporate limits of said Town, and for all purposes to prevent the commission of any and all of said offenses and suppressing the same in order to apprehend violators of said laws. Police jurisdiction is hereby expressly given to the Town of Pooler over the said entire territory embraced in said police district. To this end, the said Town of Pooler shall have the power to enforce said laws and ordinances by the police department of the Town of Pooler, just as they may deem proper and necessary for the full protection of the Town. Provided, nevertheless, that no obligation shall rest upon the municipal authorities to establish any police system within said district, the said Town of Pooler being hereby given power and right to do so, which right the said Town of Pooler may exercise in full, partial or not at all, as in its judgment the best interest of the Town of Pooler may require. Police District Police Power Over District Section 34. Be it further enacted that the Town of Pooler, Georgia have authority to pass zoning and planning laws whereby said Town may be zoned and districted for various uses and other or different uses prohibited therein, and to regulate the use for which said zones or districts may be set apart, and to regulate the plans for development and improvements on real estate in said Town and to have and to provide a building Code requiring persons or corporations to submit plans and obtain a building permit before making improvements on real estate in the corporate limits of said town. Zoning and Planning Laws Section 35. Be it further enacted that the Town of

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Pooler shall have and authority to furnish water from the water works plant or plants of said Town to any property located within two (2) miles of the corporate limits, and it shall have authority to do and perform all things necessary and incident to such service. Provided, however that all persons and property so furnished water by said municipal plant shall be liable to all the rules and regulations, pains and penalties relative to the supply of water, as prescribed for citizens and property within the corporate limits of said Town, and to such other rules and regulations as may be prescribed by the Mayor and Aldermen of said Town. Water Furnished Outside Corporate Limits Section 36. Be it further enacted, That it shall be the duty of the Marshal to levy all executions in favor of the town, and after advertising the property so levied on once a week for four weeks before date of sale, in the newspapers in which the Sheriff's advertisements of Chatham County are published, he shal sell the property so levied on before the Court House door in Chatham County, on the first regular sales day thereafter, and between the legal hours of Sheriff's sales. If the property is divisible, he shall offer it in parcels. He shall sell at public outcry to the highest bidder and execute titles to the purchaser, and shall have the same power to place the purchaser in possession as have Sheriffs of this State. Sale Under Executions Section 37. Be it further enacted that any person who may be convicted before the Mayor's Court shall have the right to appeal from the judgment of said Court to the Council of the Mayor and Aldermen of the Town of Pooler. The Mayor and Aldermen in the Town of Pooler shall try all appeals de novo. and may, in its judgment, confirm the judgment of the Mayor, reduce or increase the punishment, or discharge the defendant; provided, however, that the defendant shall not be discharged from custody until he shall have given a bond, to be fixed and approved by the Court, conditioned to appear and abide the final judgment, sentence or decree in the case. Such bond shall be estreated in the manner provided by law

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for estreating certiorari bonds in Police Courts. Such appeals shall be made in writing and filed with the Recorder within four (4) days after judgment rendered (Sundays and legal holidays excluded). Appeal From Mayor's Court Section 38. Be it further enacted that any person who has been convicted in the said Mayor's Courut and on appeal to the Mayor and Aldermen of the Town of Pooler, the conviction has been affirmed, such defendant may, by giving notice of an intention to certiorari, suspend the judgment and be released from custody at once, upon giving the usual certiorari bond with security in such sum as may be fixed by the Mayor, or Mayor protem, for his appearance. provided, that the certiorari from the said Mayor and Aldermen shall be sued out within thirty days from the date of the judgment of the Mayor and Aldermen. No certiorari shall be sued out unless an appeal is taken before the Mayor and Aldermen as provided in the preceding section. Certiorari Section 39. Be it further enacted, that the Mayor and Aldermen of the Town of Pooler may, in their discretion, appoint five freeholders of said town, who shall constitute a Board of Health of said town, which Board of Health shall serve without compensation. It shall be the duty of said Board of Health, three of whom shall constitute a quorum, to meet as often as may be necessary, to visit every part of the Town of Pooler. Any nuisance or sickness which is likely to endanger the health of said town, or any of the inhabitants thereof, the Mayor and Aldermen of said Town of Pooler shall have power, upon the report of said board, or without such report, to cause any such nuisance to be abated in the Summary manner at the expense of the party whose act or negligence caused such nuisance, or of the owner of the premises, or of both, as the Mayor and Aldermen of the Town of Pooler may determine, and for the amount so expended the Recorder of said town shall issue an execution against the owner of the property on which the nuisance is located, or against the party whose act of negligence caused such nuisance, or against both; and such execution may be collected by levy and sale as are other executions issued

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by the Recorder. All vacancies that may occur in said Board of Health shall be filled by the Mayor and Aldermen of the Town of Pooler as soon thereafter as practicable. Board of Health Section 40. Be it further enacted that the Mayor and Aldermen of the Town of Pooler shall have power and authority to establish such quarantine regulations against persons who may have been exposed to smallpox, yellow fever, scarlet fever, dipththeria, or other contagious or infectious diseases, as it may deem proper, and to establish and a small pox hospital or pest house for the isolation of any contagious or infectious diseases, and to cause to be removed to such pesthouse all persons afflicted with such diseases, except such persons as shall, at their own expense, provide suitable guards, who shall be selected by the Mayor and Aldermen of the Town of Pooler to successfully quarantine the premises where such case or cases of contagious or infectious diseases may be located; and the said Mayor and Aldermen of the Town of Pooler shall have full power and authority to make, pass, adopt and enforce any and all regulations for the proper maintenance and protection of the health of said town and its inhabitants Regulations to Control Infection Section 41. Be it further enacted that the Mayor and Aldermen of the Town of Pooler shall have power to either lay off, grade pave or keep in order the roads, streets, lanes, alleys, sidewalks, drains and gutters of said town, and to improve and light the streets and have the streets kept free from obstructions on or above them; to require the removal of electric and telephone poles when they interfere with the traffic on the street or the convenience of the public; to establish, regulate a market, and to prescribe the time of holding the same; to prevent injury of annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, sheep, dogs or other animals from going at large in said town; to protect places of divine worship in said town; to regulate the keeping of gunpowder and other combustibles; to provide in or near said town, a place for the burial of the dead, and to regulate interments

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therein; to provide for drainage of property by proper drains and ditches; to make regulations for guarding against danger or damage by fire; to protect the property and person of citizens of the town, and to preserve peace and good order therein, and for these purposes to appoint, when necessary, a police force to assist the Marshal in the discharge of his duties, and to prescribe the powers and define the duties of the officers appointed by the Mayor and Aldermen of the Town of Pooler, to fix their term of service and compensation, to require and take from them bonds when deemed necessary, payable to the Mayor and Aldermen of the Town of Pooler, with such securities and in such an amount as said Mayor and Aldermen of the Town of Pooler may see fit, conditioned for the faithful performance of their duties; to erect or authorize, or prohibit the erection of gas works, or electric light works in said town; but before such erection or authorization or prohibition shall be undertaken or permitted or prohibited, authority thereof must be first given by a favorable vote from a majority of the qualified voters of said town at a special election called for that purpose; to regulate and provide for the weighing of hay hauled and other articles sold, or for sale in said town. Powers of Mayor and Aldermen Section 42. Be it further enacted, that the Mayor and Aldermen of the Town of Pooler shall have full power and authority to establish and adopt all ordinances, rule, regulations and resolutions passed, not in conflict with the Constitution and laws of the State of Georgia, which lend to promote the safety, health, good order and general welfare of the inhabitants of said town. Ordinances and Regulations Section 43. Be it further enacted that the Mayor and Aldermen of the Town of Pooler, from and after the passage of this Act, shall monthly, not later than the second Monday of each month, make an itemized statement of all money received and of all expenditures made by them or their authority, and the purposes for which expended, and to whom paid, and such report shall be posted on said day before the door of the Town Hall of said town and kept posted for at least ten (10) days. Financial Statement

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Section 44. Be it further enacted, that the Mayor and Aldermen of the Town of Pooler shall have, in addition of the foregoing powers, the following powers: (1) To try all nuisances within the town and to abate the same, to define what shall constitute a nuisance; (2) to take up and impound dogs, horses, mules, cattle or hogs running at large, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within the town; (3) to require owners of lots to drain the same, and fill up excavations and depressions, to drain cellars and cisterns and fill up same when necessary, and upon the failure to do so after reasonable notice, to have same done at owner's expense, and enforce collection of the amount so expended by an execution against said property on which said work was done; (4) to regulate all vehicles of every kind or character used in the town for profit in the transportation of passengers, freights, or both, to provide for the inspection of same and to fix the rates of fares and carriage thereon; (5) to punish all loiterers within the limits of said town; (6) to establish markets and regulate the same, fix the hours of sale therein; prohibit the sale of marketable commodities elsewhere within the town, and pass all ordinances that may be deemed proper and necessary to control and regulate marketing within the city; (7) to prohibit the renting or keeping of any house as a bawdy house, disorderly house or house of ill fame, and to prescribe penalties for a violation of said prohibition; (8) to own, use and operate for municipal purposes and for profit a system of waterworks and electric lights, to make rules and regulations regarding the use of the same by the public, and to provide by ordinance for the punishment of those who illegally use water or light therefrom; (9) to pass all ordinances that may be deemed requisite or proper for the peace, security, welfare, health and convenience of the town or its inhabitants; (10) the said town shall have all additional powers which may be necessary for the good government of said town and the welfare of its citizens, and which can constitutionally be conferred on said town. Additional Powers of Mayor and Aldermen Section 45. Be it further enacted, that neither the Mayor

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or any Alderman shall be interested in any contract made with the town during his term of office. Officers Not To Be Interested in Contracts Section 46. Be it further enacted that the recitals in a deed under a sale for municipal taxes or licenses in said town shall be evidence of the fact so recited in any Court of this State and shall be taken as prima facie true. Deeds as Evidence Section 47. Be it further enacted that the said Mayor and Aldermen shall have the power and authority to adopt a code of ordinances and to amend and repeal the same, or any part thereof. Code of Ordinances Section 48. Be it further enacted that said Mayor and Aldermen shall not grant any exclusive franchise to any person or corporation. No Exclusive Franchise Section 49. Be it further enacted that the fiscal year of said town, shall hereafter end on the thirty-first day of December, annually, and at the third regular meeting preceding the opening of each fiscal year, or at any subsequent meeting of the Mayor and Aldermen prior to the adoption of the tax ordinance for such fiscal year, a budget of the expenditures for that year shall be made up and adopted and afterwards set forth in the preamble of the tax ordinance as a condition precedent to the enforcement of said ordinance. Fiscal Year Section 50. Be it further enacted by the authority aforesaid, that if any section or clause of this Act shall be declared unconstitutional by any court within this State, it shall in no wise affect or invalidate the remaining sections or parts of sections or section of this Act. Invalidity of Part Section 51. 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, 1946. ST. MARYS CITY CHARTER AMENDMENT No. 520 An Act To amend the charter of the City of St. Marys,

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Georgia, by increasing and extending the corporate limits of the said city so as to include within said limits additional territory, and to authorize the council of the city of St. Mary's to close that portion of Alexandria Street lying between the eastern line of Osborn Street and the western line of Ready Street; and for 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 corporate limits of the City of St. Marys are hereby extended to include within the said City all of the following described real property in Camden County, Georgia, to-wit: All of that certain tract or parcel of land which is described by courses and distances as follows, to-wit: Beginning at the point where the southern line of Dillingham Street is prolonged and extended in a westerly direction would intersect the easterly line of the right-of-way of the St. Marys Railroad and running thence in a northerly direction along a course parallel with the westerly line of Mahan Street to the northerly line of Boundary Street if the said line of the said street be prolonged in a westerly direction; thence in an easterly direction along the prolongation of the northerly line of Boundary Street to the westerly line of Mahan Street; thence in a southerly direction along the western line of Mahan Street to the northerly line of the right-of-way of the St. Marys Railroad; thence in a westerly and northwesterly direction along the northerly and easterly line of the right-of-way of the St. Marys Railroad to the point of beginning. Corporate Limits Extended Section 2. The Council of the City of St. Marys is hereby authorized to permanently close that portion of Alexandria Street lying between the easterly line of Osborn Street and the westerly line of Ready Street. Upon the adoption of a resolution so closing the same the real property embrace within the aforesaid portion of Alexandria Street shall revert to and be held in fee simple to the center of the said street by the owners of the property abutting up the same. Authority to Close Street

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Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Section 4. There is hereby attached to and made a part of this Act the affidavit of Norton D. Inlow that notice of intention to seek the passage of this Act was published as required by the Constitution of this State, reference to the said affidavit being hereby had for all purposes. Affidavit Attached Approved January 30, 1946. SAVANNAH CITY CHARTER AMENDMENTS No. 502 An Act to amend the Charter of the Mayor and Aldermen of the City of Savannah and several Acts amendatory thereto and supplementary thereof incorporating the Mayor and aldermen of the City of Savannah by authorizing the Mayor and aldermen of the City of Savannah to enter into a contract for the purchase of water with the industrial and domestic water supply commission; authorizing the industrial and domestic water supply commission as an agency for the Mayor and alderman of the city of Savannah to enter into contracts for the sale of water and any and all contracts necessary in the construction, operation and maintenance of the industrial and domestic water supply system with the approval of council; by authorizing the Mayor and aldermen of the City of Savannah to extend the water jurisdiction of the City of Savannah anywhere within the confines of Chatham County; and for other purposes. WHEREAS, The Mayor and Aldermen of the City of Savannah are engaged in the acquiring and constructing through the Industrial and Domestic Water Supply Commission as an agency of the city, an Industrial and Domestic water supply system to produce potable water from the Savannah River, necessitated by the fact that further use and consumption of water from existing underground sources will exhaust the same, thereby endangering the health and welfare of the inhabitants in its vicinity, and for the purpose of preserving the present

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underground supply and to increase the present domestic water supply by connecting the Industrial and Domestic water supply system with the existing water system of the city so to to provide potable Savannah River water for any need domestic consumption, and further for the purpose of providing adequate amounts of potable Savannah River water for industrial purposes to expand the growth and progress of the City of Savannah and vicinity. Preamble Section 1. Therefore, be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that for the purpose of increasing the present domestic water supply of the City of Savannah, the Mayor and Aldermen of the City of Savannah are hereby authorized and empowered to contract with the Industrial and Domestic Water Supply Commission to purchase potable Savannah River water to be produced by the Industrial and Domestic Water Supply System and to pay for the same as any other consumer under similar contract. Authority to Contract for Water Section 2. Be it further enacted that the Industrial and Domestic Water Supply Commission as an Agency of the Mayor and Aldermen of the City of Savannah is hereby authorized and empowered to enter into contract with other domestic and industrial outlets of potable Savannah River water, as well as with the Mayor and Aldermen of the City of Savannah, for the sale of water produced by said Industrial and Domestic Water Supply System. All of said contracts are authorized for a period of time and at a price of rate to be agreed upon by the consumer and the Industrial and Domestic Water Supply Commission subject to the approval of the Mayor and Aldermen of the City of Savannah. Power of Industrial and Domestic Water Supply Commission to Contract All said contracts shall be authorized by the assent of the majority of said Industrial and Domestic Water Supply Commission approved by the Mayor and Aldermen of the City of Savannah and executed by the Chairman and Secretary of said Commission. Said Commission is further authorized and empowered to enter into any and all contracts necessary in the construction,

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maintenance and operation of said Industrial and Domestic Water Supply System, subject to the approval of the Mayor and Aldermen of the City of Savannah. Section 3. Be it further enacted by the authority of aforesaid that soon and after the passage of this act the Mayor and Aldermen of the City of Savannah may extend their water plants, water works, water mains, water facilities and water services anywhere within the County of Chatham, and may furnish and sell water to consumers and users of the same anywhere within the limits of the County of Chatham. Authority to Extend Water Plants Section 4. Be it further enacted by the authority of the aforesaid that all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Approved January 30, 1946. SILVERTOWN CITY CHARTER AMENDMENT No. 522 An Act to amend the Act approved July 27, 1929, incorporating the City of Silvertown in Upson County, Georgia, by decreasing or diminishing the corporate limits of said City by changing the Northwest boundary line of the corporate limits of said City and defining said limits; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and is is hereby enacted by the authority of the same, that from and after the passage of this Act that Section one of said Act incorporating the City of Silvertown, in Upson County, Georgia, approved July 27, 1929, be amended by striking out those parts of said sections defining the corporate limits of said village and inserting in lieu thereof the following boundary lines as the corporate limits of said City of Silvertown: Act, July 27, 1929 Amended Beginning at a point on the East side of Payne's Mill Road, where the South property line of the B. F. Goodrich Company's South village intersects with the

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Payne's Mill Road and then run West along said South property line to a point on the East side of the Old Sandwich Road; then run in a Southerly direction along the East side of the Old Sandwich Road to the corporate limits of the City of Thomaston; then run in a Southwesterly direction along the corporate line of the City of Thomaston to the North side of the right of way of the Central of Georgia Railroad; thence Westerly on the North side of the right of way of the Central of Georgia Railroad to the East side of Gordys Mill Road; thence in a Northwesterly direction 4361 feet on the East side of Gordy Mill Road to a concrete marker; thence 1,313 feet North 66 degrees 00 minutes East to a concrete monument on the West line of land lot 228, thence 1339 feet North to the point of convergence of land lots 228-229-248 and 249; thence North on the West side of land lot 229 to the West side of Miller Branch; thence in a Northeasterly direction along the West bank of Miller Branch to Potato Creek; thence cross Potato Creek to the North side; thence along the North and West bank of Potato Creek to a point where the original land lot line dividing lots of land numbers 230 and 213 crosses said creek; then run South along said original land lot line to a point where said line intersects with the North property line of the B. F. Goodrich Company; then run East along the North property line of The B. F. Goodrich Company's land to the Payne's Mill Road; then cross the road to the East side; then run in a Southerly direction along the East side of said road to the beginning point. Corporate Limits Section 2. Be it further enacted by the authority aforesaid, that so much of the above recited Act approved July 27, 1929, incorporating said City of Silvertown, Upson County, Georgia, not in conflict with this Act, is not intended to be repealed by this Act, but same shall remain in force, but so far as said Acts are in conflict with this Act the same are hereby repealed. Portions Not in Conflict Not Repealed Approved January 30, 1946.

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THOMASVILLE CITY CHARTER AMENDMENT No. 509 An Act to amend an Act approved August 18, 1925, entitled An Act to amend the charter of the City of Thomasville in the County of Thomas by changing and extending the corporate limits thereof to define said limits and for other purposes by including within the corporate limits of the City of Thomasville territory not heretofore included therein, which said territory is a small tract bounded on the south and east by the present corporate limits of said city, on the north by Carroll Street, and on the west by the Albany Highway. 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, that Section 1 of the Act of the General Assembly of Georgia, approved August 18, 1925, as set forth on pages 1492 to 1496, inclusive, of the published acts of the General Assembly of Georgia for 1925, be and the same is hereby amended as follows; Ga. L. 1925 PP. 1492-1496 Amended (a) By striking from Section 1 of said Act the next to the last paragraph thereof in language as follows: Thence in a southernly direction along the west side of Cassidy road seven hundred and fifty feet (750.0) to the intersection of the west side of Cassidy road and the present corporation line. (b) By inserting in lieu of said stricken paragraph of said section of said Act the following language: Thence in a southerly direction along the west side of Cassidy Road to the north side of Carroll Street; thence westerly along the north side of Carroll Street to the eastern margin of the Albany Highway; thence southerly along the eastern margin of the Albany Highway to the intersection of the eastern margin of the Albany Highway and the present corporation line. Corporate Limits (c) So that said corporate limit as fixed by this amendment will include all of Carroll Street between the Cassidy Road and the Albany Highway and a small portion of land bounded on the North by Carroll

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Street, on the West by the Albany Highway, and on the South and East by the original corporate limits. 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 January 30, 1946. THUNDERBOLT, AUTHORITY TO PASS ZONING LAWS No. 519 An Act To amend, revise and alter the several acts relating to and incorporating the Town of Thunderbolt, so as to give authority to said Town to pass Zoning Ordinances; to adopt a Building Code; to appoint five (5) Tax Assessors; to fix the salary of the Clerk and ex-officio Treasurer; to provide pension for disabled employees with Fifteen (15) years or more service; extending the limits of said town; and for other purpose. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same: Section 1. That from and after the passage of this Act the Town of Thunderbolt, Georgia, have authority to pass Zoning and Planning Laws whereby said Town may be zoned and districted for various uses and other different uses prohibited therein, and to regulate the use for which said Zones or districts may be set apart, and to regulate the plans for development and improvements on real estate in said Town and to have and to provide a Building Code, requiring persons or corporations to submit plans and obtain a Building Permit before making improvements on real estate in the corporate limits of said Town. Authority to Pass Zoning Laws Section 2. Be it further enacted, That from and after the passage of this Act the Mayor and Aldermen of the Town of Thunderbolt are authorized to elect Five (5) freeholders residing in said town as assessors, instead of Three (3) heretofore provided for, said five assessors to

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have the same duties, powers and privileges as are provided for in Section 21 of the Acts, changing the name of the town of Warsaw to the Town of Thunderbolt, Acts 1921, page 1134. Board of Assessors Section 3. Be it further enacted, That the Mayor and Aldermen of the Town of Thunderbolt shall have the authority to fix the salary of the Clerk of Council and Ex-officio Treasurer by annual ordinance, without limitation as to the amount he or she shall be paid. Power to Fix Salaries Section 4. Be it further enacted, That the Mayor and Alderman of the Town of Thunderbolt may, in its discretion, pension employees who become disabled from work, and who have worked continuously for said Town for a period of Fifteen (15) years or more, in a sum not to exceed Fifty ($50,00) Dollars per month. Disability Pensions Section 5. Be it further enacted, That the corporate limits of the Town of Thunderbolt shall be extended to include the present limits of said town and in addition thereto the lands included in the following extension and/or metes and bounds: Beginning at a point at the North-East corner of Whatley and Furber Avenues on the present corporate limit line, and running thence North Fifty-five Degrees Seventeen minutes West N5517[prime] W) along the Northerly side of Furber Avenue Three Hundred and Thirty-two and eight-tenth (332.8) feet to the North-East intersection of the Placentia Canal and Furber Avenue; Thence in a Southwesterly direction along the Eastern side or bank of said Placentia Canal to the North-East intersection of the said Placentia Canal and the Old Thunderbolt Shell Road; thence in a Southeasterly direction along the Northerly side of the Old Thunderbolt Shell Road to a point where the extension of the Easterly line of the Placentia Road intersects with the Northerly side of the Old Thunderbolt Shell Road; Thence in a Southerly direction across said Old Thunderbolt Shell Road and along the Easterly Side of the Plecentia Road Thirty-Three Hundred and Sixty (3360[prime]) feet to a point on the Easterly side of the Placentia Road near a Live Oak Three and

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one-half feet in diameter; Thence South Seventy-nine Degrees Forty minutes East (S7940[prime]E) One Hundred and Three and six-tenth (103,6[prime]) feet to a point; thence North Forty-five degrees and Fifteen minutes East (N4515[prime]E) Two Hundred (200[prime]) feet to the Southwestern point of the present corporate limit line. Said extension being more particularly described by a Map of Plat of the same, surveyed November 1st, 1945 by M. H. Floyd, Surveyor, which map or plat is of record and on file in the office of the Clerk of the Town of Thunderbolt, Georgia. Corporate Limits Extended Section 6. Be it further enacted, By the authority aforesaid, that if any section or clause of this Act shall be declared unconstitutional by any Court within this State, it shall in no wise affect or invalidate the remaining sections or parts of sections or section of this Act. Invalidity of Part Section 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved January 30, 1946. TYBEE TOWN CHARTER AMENDMENT No. 528 An Act To Amend the Charter of the Mayor and Councilmen of the town of Tybee, now known as Savannah Beach, Tybee Island, Georgia, and the several Acts amendatory thereto, incorporating the Mayor and Councilmen of the town of Tybee, now known as Savannah Beach, Tybee Island, Georgia, relative to and supplementary thereto, by extending the town limits of said town, and by vesting the Mayor and Councilmen of said town with authority to pass zoning and planning laws for said town, and to provide for the enforcement of the same; to alter and amend the laws regarding registration; and for other purposes. Be it enacted by authority of 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 1 of the Act of 1922 (Acts of 1922, page 987), granting a new charter to the Mayor and Councilmen of the Town of Tybee (now known as Savannah Beach, Tybee Island), as amended in 1929, be, and the same is hereby repealed, and the following Section inserted in lieu thereof: Ga. L. 1922, P. 987 Amended Section 1. That the corporate limits of Savannah Beach, Tybee Island, shall include the entire island of Tybee, as shown by a map of Chatham County, Georgia, adopted by the Commissioners of Chatham County, Georgia, April 11th, 1906, except the area known as the `Lighthouse Reservation', and excepting the area known as the `Coast Guard Reservation', as more particularly described in a certain deed from the the United States Government to said Town of Savannah Beach, Tybee Island, which areas are reserved as the property of the United States Government in said deed, and except all of that portion of land and territory lying West of the course of Chimney Creek and South of the right of way of the Central of Georgia Railroad. Corporate Limits Section 2. That the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, or such other governing authority 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 Town, and shall have the 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 ordinances, rules or regulations with respect thereto as the general welfare, public health, or public safety shall authorize or demand. Power to Pass Zoning Laws Section 3. That Section 6 of the Act of 1939, amending the several Acts incorporating the Mayor and Councilman of the Town of Tybee, (Acts of 1939, page 1370) be amended by adding immediately after the word Sundays

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of lines 13 and 17 thereof, the word Saturdays, and by adding at the end of such Section the following sentence: The Mayor and Councilmen may designate some person other than the Clerk of Council to keep said list open at the time and places specified in this Section, so that said Section shall read as follows: Ga. L. 1939, P. 1370 Amended Section 6. Be it further enacted that the consolidated list of voters as above prescribed shall be and become a permanent registration of the voters of Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, and that persons who are qualified as voters of said Town who are not included on said permanent list may hereafter register and have their names added to said list during the time which the Clerk of Council shall open the registration list of voters at the Town Hall in Savannah Beach, Tybee Island 90 days prior to the first Monday in March of each year in which an election is held; which list shall be kept open from 10 o'clock A. M., until 5 o'clock P. M., each and every day, Sundays, Saturdays and legal holidays excepted, until 45 days prior to the first Monday in March in the year in which an election is held when said list will be finally closed. Provided, however, that during the last 15 days, Sundays, Saturdays and legal holidays excepted of the above period, the Clerk of Council shall keep said list open in a place designated by the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, in the City of Savannah, Georgia, from 10 A. M., until 5 P. M., on each day in order that the duly qualified electors residing in Chatham County will have an opportunity to register in the City of Savannah instead of at Savannah Beach, Tybee Island. It shall be the duty of the Clerk of Council of said Town of Savannah Beach, Tybee Island, to submit the permanent registration list of voters and/or electors of said Town of to the Board of Registrars of Chatham, County, Georgia, 30 days prior to the first Monday in March of each year in which an election is held for the purpose of having said registration list purged by the

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said Board of Registrars of Chatham County and for the purpose of having removed from such registration list the names of all persons who may have become disqualified to vote. It shall be the duty of said Board of Registrars of Chatham County to purge sail list when so submitted to them by the Clerk of Council and to remove therefrom the names of all voters and/or electors who are not qualified to vote in the election for Mayor and Councilmen of the Town of Savannah Beach, Tybee Island and to return such list of voters duly approved by the said Board to the Clerk of Council at least ten days prior to the holding of any election provided for under the terms of this Act. Such approved list of the registered and qualified electors and/or voters of the Town of Savannah Beach shall be the list of electors and/or voters eligible to vote in the next succeeding election to be held for Mayor and Councilmen of Savannah Beach. For such service the Board of Registrars of Chatham County shall receive the sum of Fifteen Dollars, to be paid out of the Treasury of the Town of Savannah Beach, Tybee Island. The Mayor and Councilmen may designate some person other than the Clerk of Council to keep said list open at the time and places specified in this Section. Permanent Registration of Voters List to Be Kept in Savannah at Certain Hours Purging of List Section 4. That all laws, and parts of laws, in conflict herewith be, and the same are hereby, repealed. Approved January 31, 1946. WARM SPRINGS CITY CHARTER AMENDMENT No. 511 An Act to amend the charter, and all Acts amendatory thereto, of the City of Warm Springs, in the County of Meriwether, State of Georgia, heretofore made a body politic and corporate under the name of its predecessor, Town of Bullochville, by an Act of the General Assembly of the State of Georgia, approved December 20, 1893, entitled An Act to incorporate the town of Bullochville, to define the corporate limits thereof, to

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provide a municipal government for said town, and to confer certain corporate powers and privileges on the same, and for other purposes; to amend said Act and all Acts amendatory thereto; to repeal all Acts only insofar as they are in conflict herewith; to provide that all laws and Acts heretofore enacted with reference to the said City of Warm Springs, or its predecessors, and all ordinances, rules and regulations of said City, now in force, not in conflict with this Act, be preserved and continued in full force and effect; to declare, extend and fix the rights, powers and privileges of said municipal corporations; to define the rights, powers, duties and qualifications of officers and provide the manner of their election, term of office and removal therefrom; to provide the time and manner of City elections; to prescribe the qualifications of all electors and voters therein; to provide for a Recorder's Court, a Recorder and such other officers and employees as may be needed, and for the trial and punishment of all offenders against the laws of the City; the manner of appeal therefrom; for commitment to the State courts of violators of State laws; to provide for a Board of Health Police Department and such other boards, departments and committees as may be needed; to provide for and to authorize the said City by and through the Mayor and Council to purchase, maintain, operate, repair, improve and/or extend the present systems of electric lights, power, waterworks, parks, gas and sewerage as now owned or which may later be acquired by said City; to provide for a public cemetery and for the necessary regulations for interment therein; to lay out, widen, open, close, pave and/or keep in repair roads, streets, alleys, cross-walks, sidewalks, drains, curbs, gutters and/or bridges in said City; to provide for the assessment, levy and collection of an ad valorem tax on all real and personal property within the City for general expenses, to pay necessary bonded indebtedness, interest and/or other lawful charges and obligations; to authorize tax and licenses on all kinds of businesses, trades, callings, professions, shows, exhibitions,

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entertainments and/or manufacturing and processing plants in the city; to provide for the abatement of all nuisances therein; to provide for the filing of claims against the City and for the barring of such claims unless properly filed; to provide for the regulations and control of the sale and possession of malt and/or vinous beverages, and for the control and prevention of the illegal sale and/or possession of intoxicants of all kinds; to provide for the appointment of tax assessors and to provide for the method of assessment, appeals therefrom, arbitration and return of assessments to the Mayor and Council; to provide for the paying of the assessors; to provide for the condemnation of private property for public use and compensation therefor; to extend and fix the corporate limits of the City; to provide for the powers and duties of the Mayor and Council and to fix the term of office thereof; to provide for an annual budget; to provide for bond of officers of the City; to provide for the issuance of executions, levy and sale of property for all claims of the City; to provide for arrest and bond of offenders; to provide for a general supervisor of the City's affairs; to provide for a work gang; to provide for City tax returns and notice to persons whose interest or property is in anywise affected; to provide for the collection of back taxes and penalties thereon, special taxes, occupation taxes, for the installment payment of taxes, method of execution, levy, advertisement and times and place of sales for the collection of taxes, and for illegalities thereto; to provide for the classification of businesses, general police powers inside the City limits and for one mile outside the City limits; for the issuance of licenses or permits and the revocation thereof; for paving and improvements under the Baby Bond plan; for street taxes; for street and other public improvements, for assessments in pursuance thereof and all other matters incidental thereto, as provided by law and by the charter of the City of Warm Springs and all Acts amendatory thereto, including this Act; to incur a bonded indebtedness for any municipal purpose and to fix the

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method by which the same can be done, the term of the bonds, interest rate, sinking fund, tax levy for the payment of principal and interest thereon and for a special election therefor, and for regulating issuance and sale thereof; for general authority to own, acquire and operate generally water, light power, park, gas, sewerage and drainage systems and to do all things necessarily incident to the accomplishment of such purposes and for the franchises thereof; to provide general health regulations, sewer and water connections and property assessments for sanitary purposes; for cooperation with governmental departments; for unlawful personal interest in City contracts; for authority to exempt property from taxation; to sell lights, water and gas and for the extension of sewerage and parks outside the City limits; to regulate firearms and explosives; to promulgate rules and regulations for fire prevention; to zone the City by ordinance; to provide for the removal of officers; that provisions of this Act are severable; to provide for repeal of all laws and parts of laws in conflict herewith; to provide for all matters and things necessary, proper and incident to a municipal corporation; and for other purposes. Section 1. Corporate Charter Amendment . Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. That the Act entitled: An Act to incorporate the town of Bullochville, to define the corporate limits thereof, to provide a municipal government for said town, and to confer certain corporate powers and privileges on the same, and for other purposes. approved December 20, 1893, and all Acts amendatory thereto, be and the same are amended as hereafter provided in this Act. Purposes of Act Corporate Charter Amendment Section 2 Warm Springs, Corporate Name and Powers . 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 City of Warm Springs, located in the County of Meriwether, State of Georgia, as heretofore incorporated and

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made a body politic by the aforesaid Acts of the General Assembly of the State of Georgia, shall be by that name, and is, hereby invested with all rights, powers and privileges incident to municipal corporations in this State; and all rights, powers, titles, property, easements and hereditaments now belonging or in anywise appertaining to said City of Warm Springs, as heretofore incorporated, shall be and are hereby vested and affirmed in the said City of Warm Springs. And the said City of Warm Springs, as heretofore and herein provided, shall have perpetual succession, and by that name may sue and be sued, plead and be impleaded, have and use a common seal, make and enact, through its Mayor and Council, such ordinances, rules and regulations and resolutions for the transaction of its business and peace, order, welfare and proper government of said City as to said Mayor and Council may seem best, and which sall be consistent with the laws of the State of Georgia and of the United States, and do any and all other lawful things and acts relating to its corporate capacity and status. And the said City of Warm Springs shall be able in law to purchase, hold, receive, enjoy, posses and retain for perpetuity, or for any term of years, an estate or estates, real or personal, in land, tenements and hereditaments, and personal property, of what kinds or nature whatsoever, within or without the corporate limits of said City, for corporate purposes, and to manage, abandon, sell, convey, lease, improve or rent any property, real or personal, as may be necessary for the best interest of the corporation, in such way and manner and at such times, and as the said governing authorities may determine. Said City of Warm Springs, is hereby made responsible as a corporate body for all present and existing legal debts, liabilities and undertakings of said City; and said City may acquire rights of way or easements, and may own, maintain, operate, extend, repair and improve the present system of electric lights and power, water works, parks, gas, sewerage, public buildings, and streets, alleys, roads, sidewalks, crosswalks, curbs and drains as may be necessary and shall

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have and may exercise the right of eminent domain for any public purpose; and said City shall have the right and authority to acquire by gift, purchase or condemnation for the City such other property rights of way, easements or property needed for public use; and said City of Warm Springs shall have and exercise all other rights, powers and privileges as are provided by the present charter of the City of Warm Springs, and all Acts amendatory thereto, including this Act, not inconsistent with the laws of Georgia, and needful or necessary for use by the City, and which are usual to or permitted by law for municipal uses, including the right to construct, own or lease such public buildings, parks, playgrounds and other public works, and to acquire or support a public library or any other civic improvement, and to appropriate and pay out such funds for the support of such improvements as the said governing authorities may determine to be in the public interest. Name and Powers Section 3. Mayor and Councilmen . The government of the said City of Warm Springs in Meriwether County, Georgia, shall be vested, as heretofore, in a Mayor and five Councilmen. The present Mayor and Councilmen shall continue in office until their successors are duly elected and qualified hereunder; and they, the present Mayor and Councilmen, and their successors and associates, shall have and exercise all rights, powers and duties conferred upon the Mayor and Council of the City of Warm Springs by and through the present charter thereof, and all Acts amendatory thereto, including this Act. Government Section 4: Corporate Limits . Be it further enacted, That the corporate limits of the said City of Warm Springs shall be and extend and shall be extended as follows: Corporate Limits The starting point of this description shall be a point fixed, the exact location of which shall be determined as follows, to-wit: A point fixed a distance of Sixty (60) chains South and Forty-five (45) chains East of the northwest corner of Land Not No. 152 in the Second District

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of Meriwether County, Georgia, THEN: Commencing at said starting point, the boundaries and corporate limits of the said City of Warm Springs shall be as follows. From said point fixed North a distance of Seventy (70) chains to a point fixed; thence West a distance of Sixty-five (65) chains to a point fixed; Thence South a distance of Seventy (70) chains to a point fixed; and thence East a distance of Sixty-five (65) chains to the said fixed starting point. Section 5. Election, Mayor and Council . Be it further enacted, That beginning with the year 1946 an election shall be held in said City on the second Saturday in December and bienially thereafter. That on the second Saturday in December, 1946 and bienially thereafter a Mayor and five Councilmen shall be elected whose term of office shall be two years from the first Monday in January following their election. The said Mayor and Council shall serve until the first Monday in January of the second succeeding year thereafter or until their successors are elected and qualified. Elections Section 6. Election Managers . Be it further enacted, That all elections in which any subject or question is submitted to the qualified voters of said City of Warm Springs, shall be superintended and managed by a justice of the Peace, or some other Judical officer, and two freeholders who are citizens of said city and own real estate therein; or by three freeholders, all of whom be citizens of said City and own real estate therein, and each of said Managers, before entering upon his duties shall take and subscribe before some Justice of the Peace or other officer qualified to administer oaths, or before each other, the following oath: We, and each of us, do swear that we will faithfully and impartially conduct this election and prevent all illegal voting, to the best of our skill and power, so help us God. Said managers shall keep, or cause to be kept, two lists of voters and two tally sheets. All elections shall be held at the Community Building in said City and the voting shall be by ballot. The polls shall be open at 8:00 A. M. and close at 5:00 P.M.

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M. Persons receiving the highest number of votes for the respective offices shall be declared elected. The managers of all elections held under the provisions of this Act shall be appointed by the Mayor and Council. The Mayor and Council shall determine and provide for the pay of managers, and of any clerks that may be necessary in holding elections. Election Managers Section 7. List of Voters, Tally Sheets, Contests . Be it further enacted, That the said Managers shall certify two lists of voters and two tally sheets and shall place one list of voters and one tally sheet into the ballot box, together with the ballots, and seal the same, and shall forthwith deliver the same to the Ordinary of Meriwether County, Georgia. The other tally sheet and list of voters, together with a certificate showing the results of the election, signed by said managers, shall be placed in a package and sealed, and shall be forthwith delivered to the Clerk of the said City, who shall safely keep the same and at the first meeting of the Mayor and Council, occurring after the expiration of three days from said election, deliver the said package to said Mayor and Council, who shall open the same and declare the result, if no notice of contest has been given. If notice of contest has been given, then all further proceedings shall be postponed until the contest shall have been determined. If the result of any election held in said City is contested, notice of said contest shall be filed with the Ordinary of Meriwether County, within three days after such election, setting forth all of the grounds of contest, and upon the payment of a fee of ten dollars in advance to said Ordinary, the said Ordinary shall within two days after he receives the same, cause a copy of said notice to be served by the Sheriff, or his deputy, on the contestee, if said contest is for an office; and if the result of any election in which any question is submitted is contested, then said Ordinary shall cause notice to be served on the Mayor of said City and published one time in any newspaper in said County. Said Ordinary shall fix the time of hearing such contest, which shall not be later than ten days after service had been perfected, of which time both parties shall

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have five day's notice before the hearing. The contestor shall pay the sheriff, or his deputy, two dollars in advance for serving notice of contest. All contests shall be heard at the Court House in Greenville, Georgia. Said Ordinary shall hear and determine the contest and losing party shall pay all costs, of which said Ordinary is authorized to render judgment and issue execution. Lists of Voters Contests Section 8. Qualification of Voters . Be it further enacted, That all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed, due and demanded by the authorities of said City, and shall have resided in said City Thirty (30) Days prior to the election at which they offer to vote, and shall have registered as shall be required by the registration laws of said City, shall be qualified to vote at any election provided for in this Act. Qualification of Voters Section 9. Registration of Voters . Be it further enacted That the mayor and Council are authorized to provide by ordinances for the general registration of voters for all elections in said City, to make all needful rules and regulations for the same, and to prohibit any person from voting who is not legally registered and qualified to vote. Registration of Voters Section 10. Eligibility for Office . Be it further enacted, That no person shall be eligible to the office of Mayor or Council of said City unless he or she is at the age of twenty-one years and a citizen of the United States of America and of the State of Georgia, and had resided in the said City of Warm Springs, Georgia, for two years immediately preceding his or her election, and shall be a registered and qualified voter in said City and shall have paid all taxes, including street tax or duty due to and demanded by said City. Eligibility for Office Section 11. Removal of Mayor and Councilmen from City . Be it further enacted, That the removal of the Mayor or any Councilman from within the limits of the City shall automatically vacate the office he or she or they may hold and said vacancy shall be filled as provided for in this Act. Removal of Mayor and Councilmen from City

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Section 12. Oath of Mayor and Councilmen . Be it further enacted, That the Mayor and each Councilman, before entering upon the duties of his office shall take and subscribe to the following oath: I do solemnly swear that I will well and truly perform the duties of Mayor or Councilman (as the case may be) of the City of Warm Springs to best of my skill and ability and as to me shall seem to the best interest and welfare of said City, without fear, favor or affection, so help me God. Oath of Officials Section 13. Salaries of Officers and When Named . Be it further enacted, That at the first regular meeting of the Mayor and Council of said City after election and qualification, or as soon as is expedient thereafter, they shall elect a City Clerk, who may be a member of the Council, and who shall be ex-officio treasurer, tax collector, tax receiver and clerk of the Recorder's Court of said City of Warm Springs; a Marshal, who shall be ex-officio Chief of Police, as many policemen as in the judgment of said Mayor and Council may be necessary, and such other officers as the Mayor and Council may deem necessary in the government of the said City. Any two or more appointive officers may be combined if, in the judgment of the Mayor and Council, such will be to the advantage of the City, Each of said officers shall take such oaths, perform such duties and give such bonds as the Mayor and Council may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the City of Warm Springs, Said Mayor and Council shall have the power and authority, and it shall be their duty, at said meeting, to fix the salaries and compensation of said Mayor, not to exceed $100.00 per annum, and each Councilman, not to exceed $60.00 per annum, and all other officers, agents and employees of said City. All appointive officers of said City shall hold their officers at the pleasure of the Mayor and Council. All expenditures of the Mayor and Council and the compensation of the City officers shall be paid out of the City funds by an order drawn by the City Clerk and countersigned by the Mayor, or in his absence, by the Mayor Pro Tem. Other Officers; Salaries; When Named Bonds Section 14. Powers and Duties of Mayor . Be it further

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enacted, That the Mayor of said City shall be the chief executive officer of the City of Warm Springs. He shall see that all laws, ordinances, resolutions and rules of said City are faithfully and fully executed and enforced, and that all officers of said City faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of the City, and shall preside at all meetings of the Mayor and Council. He shall vote only in case of a tie. He shall have the right to veto any ordinance or resolution, if in his judgment, such is not to the best interest of the City. In the event of a veto, then such ordinance or resolution shall not be valid unless passed at a subsequent regular meeting of Mayor and Council by the concurring vote of four of such Councilmen. Section 15. Pardon Powers . Be it further enacted, That the Mayor of said City, or the Mayor Pro Tem acting in case of disqualification or absence of the Mayor, shall have the right to remit or reduce fines and to release any person or persons imprisoned in the City jail or sentenced to hard labor on the work gang of said City, and to commute the sentence of such person or persons, subject always to the concurrence of a majority of the Police Committee. Pardon Powers Section 16. Annual Budget . Be it further enacted, That the Mayor shall, at the first regular meeting of the Council in each fiscal year, submit a budget estimate of the revenue and expenditures of the City for the current year. This estimate shall be compiled from detailed estimates obtained from the several departments of the City on uniform blanks to be furnished by the City Clerk. The classification of the estimates shall be as nearly uniform as possible for the main functional divisions of each department, which shall give, in parallel columns the following information: (a) A detailed estimate of the expenses of conducting each department, division or office, for the current year; (b) expenditures for corresponding items for the past two fiscal years; (c) amount of material and supplies on hand at the time the estimate was prepared;

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(d) increase or decrease of appropriations proposed by each department as compared with corresponding appropriations for previous years; (e) such other information as may be enlightening; (f) recommendation of the Mayor as to the amounts to be appropriated, with reasons therefor in such detail as may be advisable. At the first regular meeting of each fiscal year, or as soon thereafter as may be done, the appropriation ordinance for the current year shall be passed in such amounts as may be determined, and it shall be unlawful to make expenditures in any department of the City's affairs in excess of amounts allocated for the particular department as set forth in the budget for the current year's expenditures, as approved, except in case of emergency, then for such funds as is approved by the Mayor and four members of the Council. At the end of each fiscal year all unexpended balance of appropriations in the treasury shall revert to the general fund and be subject to further appropriations. Any ordinance may be passed as may be necessary to carry out these purposes. Section 17. Recorder's Court . Be it further enacted, That there shall be a Court known as Recorder's Court in said City for the trial of all offenders against the laws and ordinances of said City, to be held by a Recorder or an acting recorder, as in this Act provided, in the council room of said City as often as necessary to be held. Said Court shall have power and it shall be the duty of the recorder, or acting recorder, to preserve order, compel the attendance of witnesses, resident within or without the limits of the City, to continue cases, assess bail for the appearance of the accused party, to punish for contempt by imprisonment in jail not exceeding ten days or a fine of not exceeding ten dollars; one or both, said recorder, or acting recorder, shall have full power and authority, upon conviction, to sentence any offender to labor upon the streets or other public works in the said City for a period of not exceeding thirty days; to impose a fine of not exceeding one hundred dollars or to sentence said offender to be confined in the City jail or other place of imprisonment in said City not exceeding sixty days, either one or

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more or all of said penalties may be imposed in his discretion. That the recorder or acting recorder shall have full power and authority to administer all oaths and perform all other acts necessary in the conduct of said Court, and shall have full power and authority, in cases where it is made to appear that a State law has been violated, to bind the offenders over to the proper court of Meriwether County, for trial and to assess bail for his appearance at said court. The rules of the Superior Court shall apply to this court. Recorder's Court Section 18. Appeals and Certiorari . Be it further enacted, That any person convicted before the recorder, Mayor, Mayor Pro Tem, or any member of the City Council, sitting as a court, for violation of the laws or ordinance of said City, may enter an appeal from the judgment of said court to the Council of said City, provided the appeal is entered within twenty-four hours after the judgment is pronounced, and provided all costs are first paid and bond given to abide the hearing of any appeal case. The Council of said City, on the hearing of any appeal case, shall have the power to increase or decrease the fine or imprisonment, either or both, imposed by the Recorder or Acting Recorder as they think right and proper. And person convicted on appeal by the Council may have the right of certiorari to the Superior Court of Meriwether County, Georgia, provided all costs are first paid and bond given in double the amount of the fine imposed, which bond shall be approved by the Mayor for the appearance of the defendant to answer the final judgment or decree of the court; provided, that nothing in this section shall prevent the applicant for appeal or certiorai from filing the proper pauper affidavit in lieu of the payment of cost of giving the bond as now required by law; provided further, that such applicant giving pauper affidavit in lieu of bond and costs may be imprisoned to await the final judgment of the certiorari. All applicants for the writ of certiorari to review the judgment of either the Court or of the Council on appeal, shall be made to and sanctioned by the Judge of the Superior Court of Meriwether County, Georgia, and filed within ten days

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after the decision complained of, and not afterwards. In all other respects, excepting the time in which the application shall be sanctioned and filed, they shall be governed by the same rules and regulations as govern applications for certiorari from a Justice's Court. Appeals and Certiorari Section 19. Election of and Duties of Recorder . Be it further enacted, That the Mayor and Council may, in their discretion, elect a Recorder, who shall be a citizen of the City of Warm Springs and who shall try all offenders against the ordinances of the said City. In the absence of the Recorder or his disqualification or non-election the Mayor or any member of the Council may act as such. That the salary of the recorder shall be fixed at the time of his election and shall not exceed $15.00 per month. Recorder Section 20. Mayor Pro Tem, Election, Duties, Vacancies in Office of Council . Be it further enacted, That the Mayor and Council at their first regular meeting in each year, or as soon thereafter as convenient, shall elect one of the Councilmen Mayor Pro Tem, whose duties shall be to perform all the duties of Mayor in case of death, absence, resignation, disqualification or disability. That in case of vacancy in the office of Mayor, the Mayor Pro Tem shall perform all the duties pertaining to the office of Mayor until the next regular election. That in case of a vacancy or vacancies in the office of Councilmen, said vacancy shall be filled by the Mayor and Council to fill out the unexpired term. Mayor Pro Tem Council Vacancies Section 21. Mayor and Councilmen, Ex-Officio Justices of the Peace . Be it further enacted, That The Recorder, Mayor and each member of the City Council and the Clerk of the City shall be ex-officio justices of the peace, so far as to enable any one of them to issue warrants for offenses committed within the corporate limits of the City of Warm Springs, returnable to the Recorder, or acting recorder of said City, and he may confine and punish by fine offenders against the ordinances of the City, and shall commit and bind over offenders against the laws of this State to answer such offense before the proper tribunal

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having jurisdiction to try the case. Mayor and Councilmen to be Exofficio Justices of the Peace Section 22. Duties of Members of Council . Be it further enacted, That the members of the City Council shall meet with the Mayor of said City at each of the regular meetings and at all special or call meetings, unless providently prevented from attending and shall devote such time as may be necessary to the administration of the affairs of the City and attend to legislative and executive affairs of the City, and shall perform such other duties as is now required of them, or may hereafter be required of them, by law or by ordinances or by the charter of the City of Warm Springs. Duties of Council Section 23. Duties of Clerk . Be it further enacted, That it shall be the duty of the City Clerk to receive the tax returns, collect taxes, license and special business taxes, and all other taxes, fines and assessments made by the Mayor and Council, keep the different funds separate, make such report to the Mayor and Council of the different funds on hand and the condition of the treasury as the Mayor and Council may require, attend the meetings of the Mayor and Council, keep a minute of such meetings and record the same in a book to be kept for the purpose, and perform such other duties as the Mayor and Council may require of him. Duties of Clerk Section 24. Bond of Officers . Be it further enacted, That the Mayor and Council of said City shall have the right and authority to require surety bond of the Clerk, marshal, general supervisor and all other officers in such amount, and under such conditions, as said governing authorities may determine; said bond shall be payable to the City of Warm Springs and shall be conditioned for the faithful performance of the duties of such officers. Bond of Officers Section 25. Duties of the Marshal . The Marshal shall patrol the City for the purpose of enforcing law and preserving peace, and shall superintend, direct and control policemen, and all other persons employed by the City for that purpose and see that they do their duty; obey such instructions as he may receive from the Mayor, Council and of any Committee as provided by ordinance;

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shall prosecute offenders against the laws and ordinances of said City; shall arrest all offenders against the City ordinances and bring all such persons before the Recorder's Court for investigation; must execute all orders, warrants, executions or summons placed in his hands by the City authorities; shall see that the public streets, side-walks and alley-ways are kept unobstructed and take such steps, as necessary, to remove all nuisances; to attend all meetings of the Mayor and Council, and Recorder's Court; shall take bond for prisoners in accordance with the provisions of the ordinances; shall collect all fines and account for the monies collected; shall discharge such other duties as may be required of him by ordinance. Duties of Marshal Section 26. Duties and Powers of the Marshal . Be it further enacted, That the Marshal of said City of Warm Springs shall levy all executions in favor of said City, and all executions issued by authority of said Mayor and Council, for ad valorem, business tax, assessments or any other taxes, or for fines, licenses or any other claims or demands of the said City, shall be directed to the Marshall, and the said Marshal shall have authority to levy and collect the said executions, advertise and sell property, real or personal, levied on thereunder, and to make deeds where sales are made under executions. The Marshal of said City shall have the authority to place purchasers at Marshal's sales in possession as sheriffs of this State have under sheriff's sales, and deeds to real estate sold by the Marshal under execution shall have the same force and effect, and shall be admitted in evidence, as are sheriff's deeds in this State. The Marshal of said City shall have such other and further powers and duties as may be conferred or imposed upon him by ordinance by the Mayor and Council of the City of Warm Springs. Powers of Marshal Section 27. Arrests . Be it further enacted, That the Mayor and Council of the City of Warm Springs shall have power to authorize, by ordinance, the Marshal or any policeman of said City to summon any or all bystanders to aid in the arrest of any person or persons

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violating any ordinance of said City, or law of this State, and to provide a punishment for any person or persons failing or refusing to obey summons. Arrests Section 28. Arrests, How Made . Be it further enacted, That it shall be lawful for the Marshal or any policeman of said City, lawfully appointed, to arrest without warrant any and all persons, within the corporate limits of said City, who are, at the time of said arrest, or who, before that time, have been guilty within said limits, of the violation of any laws of Georgia, or of the ordinances of said City, and to hold said persons so arrested until a hearing of the matter before the proper officer can be had; and to this end said arresting officers are authorized to imprison, and to confine any person arrested by them in the city jail or the jail of Meriwether County, for a reasonable length of time. The Marshal and policemen of said City are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. How Made Section 29. General Supervisor Authorized . Be it further enacted, That the Mayor and Council of the City of Warm Springs may designate and appoint a general supervisor over all departments of the City and fix such duties as such supervisor may be required to perform, and shall have the right to give to the supervisor authority to make such necessary purchases under such conditions as the Mayor and Council may fix. Said Mayor and Council may combine such departments of the City under the General Supervisor, and place such employees including the heads of the departments, under his direction and control subject to such limitations as the Mayor and Council may fix, and shall have the right to require bond of such supervisor, in such amount and subject to such terms as may be the best interest of said City, and said Mayor and Council shall have the right and authority to appoint such other officers and employees as they deem needful and necessary for the good of the City. General Supervisor Section 30. Quorum, Called Meetings . Be it further

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enacted, That the Mayor or any two Councilmen may call a special meeting of the Council at any time by giving notice to all members of the Council. The Mayor and three Councilmen, or four Councilmen, shall constitute a quorum for the transaction of any business, provided, however, that all questions involving the appropriation of money shall require a majority vote of all the Council in favor of such. Section 31. Regular Meetings . Be it further enacted, That the regular meetings of the Mayor and Council shall be held on the first Monday in each month, but the time may be changed by a two-thirds vote of the Council. Council Meetings Section 32. Appearance Bonds . Be it further enacted, That the Marshal or any policeman of said City shall release any person arrested upon said person giving a bond, in cash or by surety, approved by such Marshal, Recorder, or any Councilman of said City, conditioned to pay the City said bond in the event said person arrested does not appear before the Recorder's Court of the City at the time and place specified in the bond, and from time to time, until the accused is tried for the offense for which arrested. And should such person fail to appear at the time and place fixed in the bond, said bond may be forfeited by the Recorder's Court of the said City, as the Mayor and Council may by proper ordinance provide. Said Recorder's Court shall have authority to compel the attendance of witnesses by imprisonment, if necessary, and require and take bonds to secure their attendance or compliance with the order or sentence of the court, and to forfeit said bonds before the Recorder's court and to promulgate rules to carry the provisions of this Section in effect. Appearance Bonds Section 33. Work Gang . Be it further enacted, That the Mayor and Council of the City of Warm Springs shall have power to organize one or more work gangs, and to confine at labor therein persons who have been sentenced by the courts of the City to work upon the streets or other public works of said City, and shall have power to make all rules and regulations that may be suitable.

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usual or necessary for the government, discipline or control of such work gangs, and to enforce the same through its proper officers. Work Gang Section 34. Property Tax, Rate . Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the City Government and all expenses and liabilities of said City, the Mayor and Council of said City shall have full power and authority, and shall provide by ordinance, for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said City, said tax not to exceed one percent upon the value of said property for ordinary current expenses, and said Mayor and Council of said City shall have full right, power and authority, and it shall be their duty to provide by ordinance, for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said City, at such rate on the value of said property as is fixed by the Mayor and Council for general tax purposes and as is provided or permitted by the Constitution and laws of the State of Georgia, for the payment of all bonds issued by said City, or which may be issued by said City, and for all bonded debts now or hereafter incurred, with interest. And said Mayor and Council shall have the right and power to pass and enforce such ordinances and laws as may be necessary to carry out the purposes herein provided, or which may be essential thereto. Property Tax Section 35. Tax Returns . Be it further enacted, That any person owning or holding property of any kind, in any capacity, within the corporate limits of said City, except property which, under the general laws of the State of Georgia, is required to be returned to the State Revenue Commissioner, shall for the current year and on March 1st of each year hereafter, shall return the same for taxation under oath on or before June 1st each year or on or after such date as the Mayor and Council shall provide, to the City Clerk of the officer authorized to receive tax returns for said City. The Mayor and Council of

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said City shall prepare, or cause to be prepared, a blank form or schedule for the return of all taxable property, with appropriate blanks and lines for property of every kind and description, and each taxpayer and property owner in said City shall fill out the said schedule, entering thereon at actual market value of all property owned or held in any capacity by said taxpayer, of every kind and description, both real and personal, including stock of merchandise, for taxation. Printed on said blank form shall be the following oath, which the person making the return must take and subscribe in the presence of the City Clerk, or other officers authorized by the Mayor and Council to receive tax returns for said City, to-wit: I do solemnly swear that the above and foregoing is a true and correct return of all property real and personal, owned or held by me as agent, trustee, guardian, executor or administrator, in any capacity whatever on the first day of March of the current year, subject to taxation in the City of Warm Springs, at actual market value, so help me God. And said oath shall be signed by the person making said tax return. Said tax returns shall be by the City Clerk or other officer receiving the same, placed before the city tax assessors as hereinafter provided for, when they meet to make their assessments. Said Mayor and Council shall have full power and authority to fix by ordinance some other day in each year on which property shall be valued for taxation. Tax Returns Section 36. Tax Assessors . Be it further enacted, That the said Mayor and Council shall, for the current year, elect three intelligent, discreet and upright persons, citizens and qualified voters of said City, and owners of real estate therein, whose term of office shall be one year, to act as City Tax assessors. The City Clerk shall act as clerk to said Board of Tax Assessors so elected. The said City Tax Assessors so elected may at any time be removed from office by the Mayor and Council for good and sufficient cause to be judged by said Mayor and Council, and all vacancies occurring from any cause shall be filled by the Mayor and Council at its next regular or called meeting. It shall be the duty of said Tax Assessors carefully

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to appraise and assess at its actual market value all real estate and personal property for the purpose of taxation by said City, and it shall be their duty carefully to examine all tax returns placed before them by the officers receiving the same, and it shall be their further duty to increase or decrease to the actual value all real, personal or other property listed upon said tax returns, if in their judgment they believe the value placed thereon by the taxpayer or his agent does not represent the actual market value of the property so returned. The Mayor and Council shall have the authority to prescribe rules for the government of said City Tax Assessors. Said Assessors shall make a final return of the assessments made by them to the said Mayor and Council each year at such times as the Mayor and Council shall fix. Prior to the time that such final returns are to be made to said Mayor and Council the said Board of Tax Assessors shall appoint a time and select a place for the hearing of objections to any assesment made, said objections to be heard by the Board of Assessors, of which public notice shall be given as may be prescribed by ordinances, and the Board of Assessors shall give each owner, of said property whose tax returns has been increased, at least ten day's notice of the time of said hearing, stating therein the items upon which increase has been made and when given in by an agent, notice to such agent shall be considered sufficient. If the owner is not a resident of the City and has no known agent residing therein, the Mayor and Council shall mail such notice to the last known address in an envelope properly stamped and addressed and such shall be suffient notice. The Mayor and Council shall have power and authority and shall provide by ordinance for the assessing of all property of every description at its market value for taxation, and for double taxing of defaulters. The City Tax Assessors shall take the following oath: I do solemnly swear that I will faithfully perform the duty of Tax Assessor of the City of Warm Springs to the best of my skill and ability and that I will conscientiously and to the best of my ability and knowledge and judgment try to arrive at the actual market value of all real estate

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and such other property as is placed before me for assessment, without fear, favor or affection, and that I will return same at its actual market value, so help me God. Tax Assessors Said Tax Assessors shall have the power and authority to require all taxpayers, be they individuals, firms or corporations, or associations, to furnish them an accurate list of all assets which are subject to taxation by the City. They shall further be authorized to require such individuals, firms, corporations or associations to furnish them with a true financial statement of such firms, or corporations, individuals or associations and to give them any other detailed information relative to the manner in which said individuals, firms, corporations or associations arrived at the value of any item upon said returns, if in their opinion such production or source of information is deemed necessary in order to accurately arrive at the correct market value of any item so listed. All assessments made by said assessors shall become final if no objection is filed in writing on or before the time set by said Board of Assessors for the hearing of such objections, notice such as the Mayor and Council shall by ordinance prescribe having been given of such hearings; and if objections are made at the said hearing to any assessment the decision by said Board of Assessors, after hearing the evidence, shall be final unless the taxpayer demands an arbitration. If any taxpayer is dissatisfied with the action of said Board of Assessors after hearing the evidence, he may within ten days from the date the Board of Assessors gives notice of its action, the notice to be given as provided for by ordinance of Mayor and Council of the City of Warm Springs, give written notice to said Board of Assessors that he demands an arbitration, giving at the same time the name of his arbitrator; said written notice to be filed with the Clerk of the City of Warm Springs. The Board of Assessors shall name its arbitrator within three days thereafter and these two shall select a third, a majority of whom shall fix the assessment on the property on which said taxpayer shall pay taxes, and in the event there is no agreement between a majority of said arbitrators, the umpire

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or arbitrator, who is selected by the two arbitrators named by the taxpayer and said Board of Assessors shall cast the deciding vote. The Board of Assessors shall free-holders and citizens of the City of Warm Springs and shall render their decision within ten days from the date of naming of the arbitrator by said Board of Assessors. In the event that the arbitrator named by said Board of Assessors and the arbitrator named by the taxpayer shall fail within five days from the date the Board of Assessors name their arbitrator, to agree upon a third arbitrator, then the Mayor and Council shall name the third arbitrator to act with the arbitrator named by the taxpayer and the arbitrator named by the Board of Assessors, said arbitration shall be had and the said arbitrators shall be compensated in the same manner as is provided by the laws of Georgia for the arbitration of tax returns in fixing assessments for State and County taxes. Mayor and Council shall provide for the punishment of any taxpayer refusing to comply with their request with reference to the producing of any book, paper, record or any other enlightening evidence which may tend to assist the said tax assessors in arriving and the true market value of all items returned for taxation and shall fix reasonable rules and regulations for their production. The said Assessors, with the approval of the Mayor and Council, and at the expense of the City of Warm Springs, may employ the service of engineers, contractors, architects, or any other experts in any department for the purpose of securing any information that will be of assistance to them in accurately ascertaining the actual market value of any property subject to taxation by said City. After the final returns have been made by said tax assessors and all hearings have been disposed of by them and after same shall have been delivered to the Mayor and Council as final, it shall then be the duty of the City Clerk to place before the Mayor and Council the aggregate amount of all property so returned at its market value. It shall then be the duty of said Mayor and Council to fix such percentage of the actual market value of said property, which percentage shall be applied to all property

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alike, as a basis of assessment for taxation, the amount of such percentage must be sufficient to meet all of the annual expenditures of said City, based upon the legally authorized tax rate in force in the year in which the said percentage of valuation is made. Section 37. Back Taxes . Be it further enacted, that in case any property, subject to taxation, was not assessed, by the tax assessors, or returned for taxation, or for any reason, has not been assessed for taxation and taxes collected thereon, in any year then passed, the City Assessors may at any time assess said property for the said year or years, and double tax if there has been a failure to return as required by law, and the Mayor and Council may provide for double taxation for defaulters, and may cause execution to issue therefor, as in other cases, at the rates for the several years in which no taxes were paid. This right shall apply in like manner to property which in the future may be omitted from any cause from return or assessment, and the collection of taxes thereon omitted in any year, and assessments may be made and execution issued hereunder, as well as for years prior to the passage of this Act as thereafter. The Mayor and Council may provide by ordinance for the execution of the provisions of this section wherever ordinances are necessary. And said Mayor and Council shall provide by ordinance for notice to parties whose property has been of may be, assessed for back taxes and the hearing of any complaint. All assessments referred to in this section shall be made by the City Tax Assessors. Back Taxes Section 38. Special Taxes . Be it further enacted, That said Mayor and Council shall have full power and authauthority and may by ordinance license, tax and regulate or prohibit billiard rooms, pool rooms, billiard tables, pool tables, ten pin alleys and all billiard tables kept or used for the purpose of playing, gaming or renting, and all ten pin alleys, nine pin alleys, or alleys of any kind which are kept or used for the purpose of playing on with pins or balls, or other similar games, and may zone or restrict the locations where such may be kept or used and

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pass such ordinances as are necessary therefor. Special Taxes Section 39. Occupation Tax . Be it further enacted, That said Mayor and Council shall have full power and authority to require any person, firm, company or corporation, whether a resident or a non-resident of said City, engaged in or carrying on, or who may engage in, prosecute or carry on any trade, business, calling, vocation or profession to register annually, and to require such person, company or corporation to pay for such registration, and to pay a license to prosecute, carry on or engage in such business, calling, vocation or profession in such amount as the said Mayor and Council may by ordinance prescribe. Said Mayor and Council may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to pay such occupation tax, or license, who engage in, or offer or attempt to engage in, such business, profession or occupation before paying such tax or taking out such license, or who fail to comply in full with all the requirements of the City Council made in reference thereto. Occupational Tax Section 40. License for Shows . Be it further enacted, That said Mayor and Council have power and authority to pass such ordinances as they think proper in regard to granting or not granting license or permits to theatrical companies or performances, or for shows or other exhibitions, and to fix the amount of such license by ordinance. License for Shows Section 41. Payment of Taxes . Be it further enacted, That the Mayor and Council shall have the power and authority to provide by ordinance when the taxes of said City shall fall due, and in what length of time said taxes may be paid, when tax executions shall be issued against all persons who have not paid their taxes by the time fixed by ordinance, and to fix a penalty for the non-payment of taxes when due, the said City, through its Mayor and Council, shall have authority to provide by ordinance for the payment of taxes due to the said City in installments, or in one lump sum, and to provide when and how and upon what terms such taxes shall be due and payable;

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and to authorize the payment of taxes prior to the time when due and allow discounts upon anticipated payments, and in general to fix the terms and methods of payment, and collection of City taxes, in such manner as the Mayor and Council may determine. Payment of Taxes Section 42. Executions . Be it further enacted, That the Mayor and Council of the City of Warm Springs shall have the authority to issue executions for the Collection of any debt or claim due said City, arising by contract, express or implied, or by tort. Executions Section 43. Objections to Issuance of Execution . Be it further enacted, That the Mayor and Council of the City of Warm Springs shall cause written notice to be served ten days before the issuance of any execution referred to in Section 42 above, requiring cause, if any, to be shown why an execution should not issue, stating in said notice the time and place of hearing. The Mayor and Council, shall hear and pass on all objections to the issuance of such executions. Any person being dissatisfied with the action of the Mayor and Council may carry the cause to the Superior Court of Meriwether County, Georgia, in the manner now provided by law for certiorari. Any person, being notified to show cause why an execution should not issue against him shall be estopped from after objecting to the issuance and collection of same. Objections to Issuance of Executions Section 44. Cost of Issuing and Serving Summons, etc. Be it further enacted, That the cost of issuing, serving or executing all summons, executions, processes, writs or subpoenas shall be the same as now allowed justices of the peace and constables for like service and where they are issued shall be paid into the city treasury. Cost of Process Section 45. Executions, How Issued, Advertised, Levied, and Method of Sales . Be it further enacted, That executions for any and all taxes, fines, licenses, fees, assessments, forfeitures or demands due to the said City, for its corporate authorities, against any person or persons, firm, company or corporation, or against any specific property thereto, shall be issued by the Clerk of said City, signed by him, bear test in the name of the Mayor, and be

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directed to the marshal of said City and all and singular the sheriffs, deputy sheriffs and constables of this State, commanding them that of any property belonging to the defendant against whom said exeuction is issued, or of the certain property described in the execution, they make by levy and sale the amount due on said execution with cost. The Mayor and Council shall provide by ordinance for advertising of, method of conducting, and all other regulations governing the sales by the Marshal under city executions. The Sheriff, deputy sheriff and constables of this State shall have the same power and authority to levy and collect executions issued by the Citiy of Warm Springs as they have to levy and collect executions from the various courts of this State. Issuance of Executions Section 46. Sales, How Conducted . Be it further enacted, That all sales of personal property made by the Marshal shall be conducted in the same manner as constables' sales. In case of levy upon real estate, he shall advertise same in a paper published in said City or if none, by posting three or more notices of the sale in conspicuous places in said City for thirty days next before the date of sale. All sales shall be on the first Tuesday in each month at the Community Building, City of Warm Springs, Meriwether County, Georgia, except in cases of levy on live stock or anything perishable or liable to deteriorate in value, in which event the property may be sold on order of the Mayor of said City after advertising of same by posting notices as above described for three days. In case of sale of realty the marshal is hereby empowered to make the purchaser a deed to same and put him in possession of the premises. In case any illegality or claim be interposed to any sale for the enforcement and collection of taxes, licenses, fees or assessments, the owner of the property levied upon shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount admitted to be due, with all costs, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Meriwether County,

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Georgia, and there tried and the issue determined as in cases of illegality or claim, as the case may be, subject to the penalties provided by law as in case illegality or claim filed for delay. Sales, How Conducted Section 47. Classification of Business . Be it further enacted, That said Mayor and Council are hereby given authority to pass such ordinances as may be necessary or proper to carry the foregoing sections into effect; to classify businesses, and to arrange the various businesses, trades, callings and professions carried on in said City that may be taxable, into such classes of subjects for taxation as may be just and proper, and to provide for the registration of all motor vehicles in said City and to charge a reasonable amount therefor, as may be prescribed by ordinance. Business Classification Section 48. Police Powers . Be it further enacted, That the said Mayor and Council shall have authority to regulate the opening and closing of all retail and wholesale merchantile establishments, places of entertainment and amusement, shows and such like businesses within the said City, so as to provide at what hour each shall close and open, for the better preservation of the health, peace and good order of said City. Said Mayor and Council may classify the said businesses, and make such regulations for each class as they deem best. Police Powers Section 49. Malt and/or Vinous beverages . Be it further enacted, That the Mayor and Council shall have full power and authority to license, tax and regulate the sale of vinous and/or malt beverages within the City limits; and may designate, by ordinance, the localities in which vinous and/or malt beverages may or may not be sold; and may require of the applicants for permit or license to submit proof of good moral character before the granting of such permit or license. The said Mayor and Council may revoke any license or permit which may have been granted, or which may hereafter be granted, on the conviction of the holder thereof of the violation of any ordinance of the City of Warm Springs or any law of the State of Georgia. Regulation of Sale of Malt and Vinous Beverages

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Section 50. Powers as to Paving . Be it further enacted, That the Mayor and Council shall have the full power and authority to lay out, widen, change, abandon, vacate, straighten, open, close permanently or temporarily, improve, alter, drain, pave and keep in good repair all roads, streets, alleys, cross-walks, side-walks, bridges, ditches and drain in the said City for the use of the public and to control the same, and to dig, repair or close any public well or wells in said City. To punish by fine or imprisonment and labor on the public works, for the obstructing or filling any drain or ditch in said City, either on public or private lands; and to this end they shall have the power and authority to condemn and appropriate any lands in said City, or if necessary for an outlet for drainage or sewerage, beyond the limits of said City, subject to the laws of just and reasonable compensation therefor. Streets, Sidewalks, Etc. Section 51. Paving . Be it further enacted. That the Mayor and Council of the City of Warm Springs shall have the power and authority to pave or provide for the paving of railroad crossings within the City of Warm Springs and the whole or any portion of any street therein, and to assess the cost therefor, or any part, thereof, against the adjoining property owners, and issue executions to enforce the payment of the same. Paving Section 52. Paving and Improvements Under Baby Bond Plan . Be it further enacted, That the City of Warm Springs, by and through its governing body, are hereby authorized and empowered to make such street and sidewalk improvements as may be necessary in said City under the Baby Bond plan, as provided in Chapter 69, section 401-434 inclusive, of the 1933 Code of Georgia, Annotated; and all rights and powers therein may be exercised by said governing body, subject to the terms, restrictions, definitions and requirements as are therein set out, and said Chapter 69, section 401-434 of said Code, together with all amendments thereto, are made a part of this Act. Baby Bond' Plan Section 53. Obstruction of Street Crossing . Be it further

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enacted, That the said Mayor and Council shall have the authority to prevent the blocking of streets, sidewalks or railroad crossings, except for the purpose of taking on or letting off passengers at the depot, and to regulate the parking of vehicles on the City streets. Obstruction of Street Crossing Section 54 Street Work and Street Tax . Be it further enacted, That the Mayor and Council of said City shall have the power to require every male inhabitant in said City between the ages of twenty-one and fifty who is able to work on the public roads, to work such length of time on the streets of said City as the said Mayor and Council shall direct by ordinance, in no case to exceed ten days in one year. Said person or persons so subject to be worked on the streets shall have the right to relieve themselves of said work by paying a street tax, which said Mayor and Council shall fix by ordinance, and which tax shall in no event exceed five dollars in any one year. Said work to be done and said tax to be paid at such time as the Mayor and Council shall direct. Any person subject to work on said streets who shall fail to work or to pay the said tax, after being properly notified, may be punished in the Recorder's Court, as the Mayor and Council may by ordinance prescribe. Street Tax Section 55. Assessments for Street Improvements . Be it further enacted. 1. That the Mayor and Council of said City shall have power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the travel and drainage of the sidewalks, streets, squares, public lanes, roads and alleys of said City. 2. In order to carry into effect the authority of above, the said Mayor and Council shall have power and authority to assess not more than two-thirds of the costs of paving and otherwise improving the sidewalks, including not more than two-thirds of the cost of the necessary curbing on the real estate abutting on the said sidewalks. 3. Said Mayor and Council shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side drains, cross drains, crossings or otherwise improving the roadway or street proper, on the real

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estate abutting on one side of the street improved, and one-third of the cost on the real estate abutting on the other side of the street so improved; the real estate abutting the street shall pay not more than two-thirds of the entire cost, in the discretion of the Mayor and Council, and any street, railway company or other railroad company have tracks running through or across the streets of said City, may be required to pave, macadamize or otherwise improve said streets in such proportion as the Mayor and Council shall prescribe. 4. Said Mayor and Council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes, for the amounts above set forth, as may be just and proper, estimating the total cost of such improvements made, and prorating the cost thereof on the real estate according to its frontage on the street or portion of street, so improved or according to area or value of said property, either or all, as may be determined by ordinances. 5. That the amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of passage of the ordinance providing for the work and making the assessment. 6 The Mayor and Council shall have full power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the City Clerk against the real estate so assessed, for the amount assessed against the owner at the date of ordinance making such assessment, which execution may be levied by the Marshal of said City on such real estate, and after advertising and other proceedings as in case of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall vest abolute title in the purchaser. Said City Marshal shall have the authority to eject occupants and to put purchasers in possession provided, the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount admitted to be due, with all costs, shall be paid before the affidavit shall be received, and the affidavit

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shall be returned to the Superior Court of Meriwether County, Georgia, and there tried and the issue determined, as in cases of illegality, subject to the penalties provided by law as in case of illegality filed for delay. 7. The Mayor and Council shall have authority to pave and contract to pave the whole surface of the street, without giving any railroad company, or other property holder abutting on the street, the option of paving such space themselves or by a contract at his or its instance, the object being to prevent delay and to secure uniformity. 8. The lien for assessment on abutting property, and on the street railroad or other railroad companies, for street or sidewalk paving, curbing, macadamizing, grading or draining shall have rank and priority of payment next in point of dignity to liens for taxes, such lien to date from the passage of the ordinance authorizing the execution of the work in each case. 9. Said Mayor and Council shall have power and authority to prescribe by ordinances such other rules as they may, in their discretion, think necessary to grade, pave, drain, macadamize or curb the streets, sidewalks and alleys of said City; to enforce by execution the cost thereof against the adjacent property owners and railroad companies, and to provide how the agents or owners thereof shall be served with notice by personal service or by publication. 10. Prior to the passage of any ordinance or resolution providing for the paving or improvement of any streets or portion of any street, except sidewalks, the Street Committee together with the Mayor, shall cause to be published for at least one time a week for four successive weeks a notice in the newspaper published in the City of Warm Springs, and if there is no newspaper in the City of Warm Springs, then in four issues of a newspaper published in Meriwether County, Georgia, in which legal advertisements are carried, for four consecutive weeks, that at a time and place to be therein specified, said Committee will meet to make a determination in respect thereof, such notice shall also be served personally or be sent by mail to each owner of property, or owner on such street to be improved at his last known address and shall contain a

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brief description of the character, location and extent of the proposed improvement. Any person interested shall be entitled to be heard at such meeting; if before such meeting a protest against the improvement in writing, signed by the owners of a majority of the lineal feet frontage upon the street, section of street, public place or square proposed to be improved, exclusive of any portion thereof owned by the City, or intersection of streets, and acknowledged, as deeds of real estate are required to be acknowledged, be filed with said Street Committee, they shall not decide in favor of the proposed improvement, nor shall they again consider the same within six months, but the owners of a majority of the frontage of said street, or a similar section of the same, not less than one block in length on said street, may file with the said Street Committee a petition therefor, and in that case the said Street Committee may at any time decide in favor of the improvement as therein requested. 11. If the Street Committee shall determine that such improvement ought to be made, it shall then present to the Mayor and Council a plan and specification of the proposed improvement with a written statement specifying the location, character and extent of such improvement, of what material the same is to be made, and estimated cost thereof, specifying the particulars and estimated items of said cost, with a copy of the resolution of said Street Committee determining that such improvement ought to be made, and an estimated statement of the amount which should be borne by the assessment, and what portion should be paid by the City, said statement to be signed by the Chairman of the Street Committee. 12. In case the Mayor and Council approve such recommendation it shall be by resolution authorizing the Street Committee to make such improvement, and same shall be entered upon the minute book of the City, however, the Street Committee with the approval of the Mayor and Council, may in its discretion adopt plans and specifications for different kinds of paving or materials. 13. The Mayor and Council may borrow for the purpose of paying for the cost of street improvement during the progress thereof in the anticipation

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of the collection of the assessments thereof, an amount sufficient to defray the cost of such improvements. All sums as may be borrowed shall be included in and shall be apportioned and assessed as a part of such improvements. 14. In case the work shall be paving, macadamizing, or otherwise improving a street, lane or alley with or without storm sewers, the City Engineer shall ascertain the aggregate length of lots on both sides thereof, and the front length of each lot or parcel with an aggregate description thereof, and the name of each owner so far as it can be ascertained. 15. The Street Committee shall then determine the expense of the whole work, including the expense of surveying, advertising legal services, engineering and preparing the assessment list, and cause the average expenses upon each foot of the parcels of land upon both sides of said street, lane or alley, including cross streets, to be ascertained and each and every lot or parcel of real estate to be assessed with its portion of the expenses by multiplying its number of feet front by the average expense per foot. In the event there shall remain a portion or the whole of any block on any street which has not been paved, macadamized or otherwise improved lying between portions of said streets or intersecting with streets which have been paved, macadamized or otherwise improved, the Street Committee, subject to the approval of the Mayor and Council, shall have the power to enter into a contract for paving, macadamizing or otherwise improving that portion of said street without the consent of the abutting property owners if in their judgment they deem such action to be to the best interest of the City; the expense connected therewith to be assessed in the same manner as is provided for other paving, macadamizing or otherwise improving under this Act. 16. The Street Committee is authorized and empowered at any time upon any street where improvement is contemplated, to compel the residents of any such streets and the property owners whose lots front on or abut thereon to lay connecting drains, sewerage, gas and water connections in the manner the City shall require from the line of the curbing in front of their

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property on any street to the sewer, gas or water mains or pipes connecting them therewith; whenever the residents or owners of said property fail to comply with these requirements, same may be done by the said Street Committee, and such expense shall be assessed against the real property thus improved and connected in the same manner as is required when voluntary connections are made. 17. When work of any local improvement has been completed, the Street Committee shall direct the cost and expense thereof to be assessed by the City Enginer, and it shall be the duty of the said City Engineer immediately to assess the cost and expense,including surveying legal expense, advertising, inspection and assessment of such local improvement, upon the property lying within the district of assessments as heretofore provided, separately assessing and stating the amount assessed for paving, sewer or side-walk respectively, and also stating the amount to be paid by the City, separately stating the amount for paving, sewer, sidewalks or crosswalks. 18. He shall make an assessment roll and set the amount of the cost assessed for each of the said improvements opposite the name of the person, firm, corporation, association and property assessed, which property shall be described by number of lot or otherwise, so that it may be located and identified. When completed said assessment roll shall be deposited in the office of the City Clerk who shall give public notice of the completion of such improvement and of the assessment in a newspaper published in Meriwether County, Georgia, in which legal advertisements appear, for one week, and shall send written notice by mail to each person so assessed, addressed to his last known residence, that such assessment roll has been prepared and will remain at said office for ten days from the date of said notice. The Street Committee shall hear and consider any objection to said assessment and shall decide upon the same and shall if need be alter and correct said assessment roll, and when completed sign the same and file it with the Clerk. Within ten days after the assessment roll is completed, signed and filed any party thinking himself aggrieved may file with the

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City Clerk a written appeal therefrom, briefly stating the grounds of such appeal. The Street Committee shall thereupon proceed to hear and determine such appeal or appeals of the owner of the property assessed, hear evidence, and affirm or reverse the assessment and for such purpose may subpoena and compel the attendance of witnesses and the production of papers. In case of affirmance the proceedings thereafter to collect the said assessment shall remain the same as if no appeal had been taken, and in case of reversal the Mayor and Council shall appoint three disinterested freeholders of the City who shall proceed in the manner and for such purposes be invested with the same power as the City Engineer to make a new assesment. They shall make their tax roll in the same manner and sign and file same with the City Clerk, and it shall be conclusive on all parties; such freeholders shall receive not more than four dollars per day for their services, to be paid by the City, unless the assessment of the appellants, as determined by such free-holders, shall be no less favorable to them than the assessment appealed from; in such case the cost of the appeal shall be paid by the appellant, and added to their assessment. If no appeal is taken from the first assessment roll filed with the City Clerk, or if an appeal is taken therefrom and such assessment is affirmed, the Mayor and Council shall approve the same and file the assessment with the City Clerk. If an appeal be taken from such first assessment and the same be reversed, the Mayor and Council shall cause the proper order to be attached to the second assessment roll as made by such freeholders and cause same to be delivered to the City Treasurer; thereupon the City Treasurer shall receive the payments for said local improvements for thirty days without fees. The Mayor and Council shall have the right to collect said assessment on delayed payment plan. The provisions of paragraph 10 of this section, requiring notice by publication and notice to each property owner, shall apply when street paving, sidewalk paving, curbing, storm sewers, grading, draining, sewer and water connections, and other municipal improvements on which

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assessments are or may be made. Assessments for Street Improvements Section 56. Bonds, General Authority . Be it further enacted, That the governing authority of the City of Warm Springs shall have general authority and power to perform all and any acts and to do all things that may be necessary or required by law, in order to incur a bonded indebtedness on behalf of the City of Warm Springs. Bonds Section 57. Bonded Indebtedness, Powers, etc. Be it further enacted, That the Mayor and Council of the City of Warm Springs be, and they are hereby empowered and authorized to create a bonded debt for the purpose of paving, or otherwise improving the streets or roads of said City, or for such other public works, buildings, uses and purposes, in any amount they may deem necessary, in the way and manner specified by law, and to fixe the denomination of said bonds, a maturity date at any time within thirty years after issue and to bear interest at a rate not to exceed six per cent per annum. To provide, at or before the incurring of said bonded indebtedness, for the assessment and collection of an annual tax sufficient to pay the principal and interest of said bonded debt, as the same fall due, and such portion as may be necessary be set apart as a sinking fund to pay said bonds at their maturity. The tax hereby authorized and levied shall be in addition to that authorized and levied in this Act for general purposes. Powers to Create Bonded Indebtedness Section 58. Vote, Majority Necessary for Bonds . Be it further enacted, That before the bonds herein provided for shall be issued, the assent shall be obtained of a majority of the qualified voters of the City of Warm Springs voting in an election for that purpose, to be held as prescribed by law. Bond Issue Vote Section 59. Sale of Bonds . Be it further enacted, That as soon as the bonds to be issued under this Act shall have been signed by the Mayor and Clerk of the City of Warm Springs, and the corporate seal of said City attached thereto, they shall be safely kept by the Mayor and sold by him in the following manner; He shall advertise said bonds for sale to the highest bidder, for thirty days, in

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such newspapers and in such cities as he may think best for bids for said bonds, and the said bonds shall be sold to the highest and best bidders; provided that in no event shall said bonds or any of them be sold for less than par. Sale of Bonds Section 60. Bonds . Be it further enacted, That said bonds herein authorized to be issued shall be sold as herein provided, and the proceeds of said sale shall be used for water-works, streets, parks, electric lights, sewerage or any other permanent improvement or improvements of the City of Warm Springs; said bonds shall be executed by the official signatures of the Mayor and Clerk of the City of Warm Springs and have affixed the corporate seal of said City. The coupons or interest warrants shall be signed by the Clerk of the said City and each coupon or interest warrant shall indicate the bond to which it belongs. The Clerk of the said City shall make and keep a record of the numbers and denominations of all the bonds issued. Bonds, How Issued Section 61. Bonds, Payment of . Be it further enacted, That said bonds, as they fall due, and the interest coupons or warrants upon said bonds, shall be paid by the Clerk of said City, by order of the Mayor of Warm Springs, on presentation at the office of said Clerk, when due, or at such agency as may be designated by ordinances passed before the issuance of said bonds. That the principal of said bonds, when they shall become due, and the coupons or interest warrants of the same, when they shall become due, shall be receivable by the City of Warm Springs, in payment of taxes or other dues to the City of Warm Springs, and said bonds shall not be taxable, directly or indirectly, by the City of Warm Springs. Bonds, Payment of Section 62. Bonds; Sinking Fund . Be it further enacted, That the sinking fund for such bonds may be invested in bonds of said issue for which it is created, or bonds of a similar nature and value, and such bonds shall then be treated and carried in lieu of such sinking fund, and may be sold when necessary for the payment and retirement of the then due bonds. Sinking Fund

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Section 63. Water, Lights, Parks, Gas and Drainage . Be it further enacted, That the Mayor and Council of said City shall have full power and authority to establish, construct, purchase and maintain, or to permit any person, company or corporation to construct and maintain a public or private system of water works, park system, system for the distribution of electricity, maintain a system of sewerage and draining and pipe lines for the distribution of gas or such parts of such systems in said City, and around and adjacent to said City, for use, service, health, cleanliness and comfort of its inhabitants; and the said Mayor and Council shall have entire and absolute control and jurisdiction over all of said electric lines, poles, pipes, sewers, parks and equipment used therewith, and over all water and gas pipes, private drains and sewers, water closets, privies and the like, in said City, with full power to prescribe the location, structure, uses and preservation thereof, and to make such regulations concerning them, in all particulars, as may best for the preservation of the health, service to and well being of the inhabitants of said City, and with power also to require changes in, or the total discontinuance of, any of such contrivances or structures already in existence, or that may hereafter be installed or allowed. When any of said system of sewerage, or drainage, of water, lights, parks or gas shall be constructed by the said Mayor and Council, assessments may be made and execution may issue for the expense thereof under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets under this Act; and said assessment shall be a lien on the property so assessed, as provided in this Act for paving streets, and all the provisions in this charter in reference to making and enforcing assessments in paving streets and the amounts thereof, shall apply insofar as they are applicable, to constructing and maintaining a system of water works, lights, parks, gas and sewerage, and may be enforced and carried out by the Mayor and Council by appropriate ordinances, provided however that neither of said systems shall be sold or disposed of nor shall any franchise for

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such be granted to any person, firm or corporation except upon the referendum to the voters of the City as determined by a majority of those voting in an election held for that purpose. Water, Lights, Parks, Gas and Drainage Section 64. Rights of Way . Be it further enacted, That in case of any sewer line or lines or the system for the distribution of water, lights, power and gas shall be located upon or through private property and the owner of said property refuses to grant a right of way for that purpose and such owner and the authorities of said City cannot agree upon the value of the lands taken, the easement required or the damage which may be done, then and in such event the Mayor and Council of said City shall have full right, power and authority to condemn and appropriate such lands, right of way and easement necessary therefor, either within or without the limits of said City in the way and manner as is or may be provided by the laws of the State of Georgia. In such event assessors shall be appointed, as is provided by law, to assess the value and/or damages to said property and the assessors so appointed shall give such notice as is required by law and shall make their award in the same way and manner as is provided for condemnation for right of way for roads and streets, and subject to the same restrictions, rules and regulations as are imposed by the law of Georgia. When award has been made by the assessors, upon payment or tender of the amount thereof, the work may proceed notwithstanding that an appeal may be entered. Rights of Way Section 65. Ordinance to Govern Water, Lights, Sewers, Parks, Drainage, etc. Be it further enacted, That the said Mayor and Council may provide by ordinance for the execution of the provisions of the foregoing sections regarding systems of sewers, drainage, sanitation, water, lights, parks and gas as they may deem best for the city. Ordinance for Execution of Previous Two Sections Section 66. Parks, Water, Electricity, Gas, Regulation . Be is further enacted, That from and after the passage of this Act, the said Mayor and Council of the City of Warm Sprngs, shall have the full power and authority to purchase, establish, maintain, and/or continue with a system

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of Parks, water works, a system of sewerage and drainage, a system for the distribution of electricity and all pipe lines for the distribution of gas, for said City, and to that end shall have full power and authority to acquire by purchase or condemnation all necessary lands, easements, water supplies and franchises, whether within or without the City of Warm Springs. Parks, Water, Electricity, Gas, Regulation Section 67. Parks, Water, Electricity, Gas, General . Be it further enacted, That in the event that the Mayor and Council of said City cannot procure by purchase the necessary lands, easements, rights of way and franchises necessary for the construction of said systems of parks, of water-works, of sewerage and drainage, of distribution of electricity and all pipe lines for the distribution of gas, then said Mayor and Council of said City shall have the right to exercise the power of eminent domain and to condemn such lands, easements, rights of way, and franchise in accordance with the provisions of the laws of this State, whether such lands, easements, rights of way, water ways and franchises be situated within or without the city of Warm Springs. Eminent Domain Section 68. Parks, Water, Electricity, Gas . Be it further enacted, That the said City of Warm Springs shall have the right, easement and franchise of laying the necessary mains, pipes, conduits, and drains for water-works purposes, wires, poles, gas pipes and/or sewer lines along and on rights of way of the highways in the County of Meriwether without cost, and shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect the water basin and water shed, from which the water supply is taken, from contamination and to protect the water, light, park, sewerage and gas systems including the mains, pipes, poles, wires and conduits, whether same may be situated within the corporate limits of said City or not, and to otherwise protect and control by ordinance said systems and properties as may be necessary. Easement for Laying of Pipes, Etc. Section 69. Parks, Water, Sewerage, Electricity, Bonds . Be it further enacted, That the said Mayor and Council of

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the City of Warm Springs are hereby authorized and empowered to order and have held an election by the qualified voters of said City, at such time as the said Mayor and Council may designate, to determine whether or not bonds shall be issued by said City of Warm Springs, same to be sold for the purpose of purchasing, establishing, building, extending, operating, maintaining or repairing the water works, parks, sewerage, electricity and gas systems of said City. If said election shall be in favor of the bonds the Mayor and Council shall be authorized to issue the bonds of said City at not exceeding the rate of six percent per annum, maturing in not more than thirty years from date of issue and payable at Warm Springs, Georgia or at any bank in New York City, for principal and interest. Bonds for Repairing Waterworks, Etc. Section 70. Control of Parks, Sewers, Lights, Water Systems . Be it further enacted, That said Mayor and Council shall have entire control for and over said parks, sewers water system, electric system and gas system and generally all matters in connection therewith; they shall control connections therewith and may compel sewer connections when in their judgment the good of the City demands it; They may cause such connections to be made when the owners refuse, and issue executions for the amount so expended, which executions shall be special liens on the property connected with sewerage systems from the date of the order of the connection. Control of Parks, Sewers, Etc. Section 71. Insurance . Be it further enacted, That said Mayor and Council may take and carry on behalf of the said City insurance in whatever amounts and of whatever nature as they may deem necessary to the proper and efficient operation of the said City and its departments, including fire, windstorm or other damage, and liability; and the said Mayor and Council shall have the power and authority to take out and carry group insurance for officers and employees and contribute thereto. Insurance Section 72. Sanitary Accommodations on Improved Property . Be it further enacted That said Mayor and Council shall have full power and authority to require the owner

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of any improved property in said City to provide suitable sanitary privy or water-closet accommodations upon such improved premises, whenever in their judgment and in the opinion of the Sanitary Committee such improvements are necessary to preserve the health or to protect the sanitary interest of the citizens of any neighborhood within said City, and to this end may require installation of water and sewerage connection when required for health or cleanliness of the citizens, and to assess the cost therefor as is provided for municipal improvements. The Mayor and Council are authorized to enforce the provisions of this section by appropriate ordinances. Sanitary Accommodations Section 73. Assessments for Sanitary Purposes . Be it further enacted, That the said Mayor and Council shall have the full power and authority to make an assessment on the various lots of land and lot owners in said City for sanitary purposes, and said Mayor and Council are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amount so assessed shall be a lien on the lot from the date of the assessment. The execution shall be issued and enforced in the same manner that tax executions are issued and enforced in said City. The amount so collected shall be used for sanitary purposes only. The said Mayor and Council shall have the power and authority to prescribe what shall constitute a lot for sanitary purposes and assessments; provided no residence lot shall be less than twenty-five feet front and no business lot less than ten feet front; provided further, the assessment made under this section shall not be made on vacant lots, and residence lots shall not be subdivided for assessments. Assessments for Sanitary Purposes Section 74. Police Jurisdiction Extended . Be it further enacted, That the marshal and police of the City of Warm Springs shall have the right, power and authority to exercise the same police supervision and control as is now provided in the charter of said City and all acts amendatory thereto, including this Act, for the enforcement of law and preservation of order for a distance of

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one mile from the City of Warm Springs, Georgia, and over all territory embraced within one mile thereof, and that the Recorder's Court shall have the right to try and punish the violators of any ordinance of the City of Warm Springs, occurring within the extended area, which is made effective within the extended police jurisdiction or which is made to regulate such, and to punish for the violation of such laws and ordinances by inflicting such punishment as may be provided therein; and shall have such other rights as are necessarily incident to the enforcement of law, preservation of health, gogod morals, safety and peace within this extended area, as granted in the charter of the City of Warm Springs, and all acts amendatory thereto, including this Act. Police Jurisdiction Extended Section 75. Co-operation with Government Departments . Be is further enacted, That the City of Warm Springs shall have the express right, power and authority to co-operate with any Department of the County, State or Federal Government in making of public improvements and doing the things which contribute to the health, morals, comfort and general welfare of the citizens of the City of Warm Springs, and for this purpose may expend such public funds as are necessary to effectuate such purpose. Co-Operation With Government Depts. Section 76. Unlawful Interest in City Contracts . Be it further enacted, That no officer of the City shall have any interest in any contract, either directly or indirectly, to which the City is a party, neither shall any member of the Council be allowed to vote upon any question that he has any personal interest in whatever, but this section shall not be construed to prevent the Council from voting a member reasonable compensation for extra services performed, or expense incurred by him in performing the duties required of him as a member of the Council. Personal Interest, Councilmen May Not Vote Section 77. Authority to Exempt from Taxation . Be it further enacted, That the Mayor and Council shall have the right, power and authority to exempt any real or personal property from taxation, under such terms, restrictions

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and conditions as may be to the best interest of the City, and not inconsistent with the laws of the State, and may exempt property, real or personal, of persons, firms or corporations in order to induce such persons, firms or corporations to locate new industries in said City, and shall have the right to fix the terms and conditions on which the same may be exempted and to enact such ordinances as may be necessary to accomplish such purpose. Authority to Exempt From Taxation Section 78. Bonds, New Election . Be it further enacted, That if any election provided for shall be against the issue of bonds, then said Mayor and Council of said City may at any time after the expiration of six months from the date of the first election, order another election under the provisions of this Act. New Election For Bonds Section 79. Sabbath-Day Regulation . Be it further enacted, That the Mayor and Council shall have power and authority to prevent or regulate the carrying on or pursuit on the Sabbath day of all business of whatsoever nature, in any manner they may see fit not contrary to the laws of this State; and to prohibit all games and amusements, within the city limits, not consistent with the proper observance of the Sabbath day. Sabbath Day Section 80. Authority to Sell Lights, Water and Gas Outside City . Be it further enacted, That the City of Warm Springs is authorized and empowered to sell and furnish water, gas, lights, sewerage, power and any other utilities service outside of the corporate limits of said City; and to make contracts therefor for such term of years as the Mayor and Council of said City shall determine the best for said City. Utilities Sale Outside Corporate Limits Section 81. Extension of Public Works Beyond City Limits . Be it further enacted, That for the purpose of the preservation of the health comfort and happiness of the people and of the inhabitants of said City the Mayor and Council are authorized and empowered to extend the City systems of parks, water, light, gas and sewerage beyond the limits of the said City, and the provisions as to

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the construction of and maintenance of such systems and the taking of property therefor shall apply to the territory outside the limits of said City, the same as within the City, as may be necessary for the construction of said systems, and shall have the right to obtain by purchase, gift or condemnation, such rights as way and easements as may be necessary for that purpose as is provided in the charter of said City, and all Acts amendatory thereto, including this Act. Extension of Public Works Beyond City Limits Section 82. Confirmation of Previously Granted Rights . Be it further enacted, That all rights, powers and authority previously granted to the said City with reference to the system of water-works, parks, sewerage, electric lights, power and gas shall be and remain in force unless in conflict with the terms of this Act. Confirmation of Previously Granted Rights Section 83. Firearms, Explosives, etc. Be it further enacted, That the Mayor and Council shall have power and authority to prevent or regulate the use of firearms, fireworks or other dangerous annoyances or explosives used in sports, or otherwise, within said City except in defense of person of property. Firearms, Explosives, Etc. Section 84. Explosives, etc. Be it further enacted, That the said Mayor and Council shall have the power and authority to regulate the keeping of explosives, gasoline, kerosene, turpentine, benzine, gas and other substances that are or may become dangerous or offensive to the citizens or property in said City. Regulate Keeping of Explosives Section 85. Fire Prevention . Be it further enacted, That the said Mayor and Council shall have the right, power and authority to prescribe the kinds of materials to be used in buildings within or without fire limits; to fix regulations guarding against damage by fire; shall have the power to prohibit, within said fire limits, the use of any building for any purpose that is classed as a hazard or is hazardous; to prohibit the building or repairing of any building within the city limits with any material other than that prescribed; to require permits for all buildings or repairs within the fire limits and elsewhere

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within the limits of the said City; to tear away and remove, or cause the same to be removed at the expense of the owner, any building constructed or repaired contrary to the provisions of this section and to ordinances enacted in support hereof, except such as were built or repaired previous to the approval of this Act. Fire Prevention They shall have power to condemn all dangerous or unsafe structures in said City and to remove or cause same to be removed, at the expense of the owner, after due notice to him. Any and all expense incurred by the said City in carrying out the provisions of this section shall be imposed by execution issued in the same manner, levied and collected as an execution for taxes and in addition thereto the owner or owners, agents, employees or contractors of said building or buildings who violate the terms of this section or any ordinance enacted on authority of same shall be tried in the Recorder's Court and upon conviction punished in the same manner and to the same extent as for a violation of an ordinance of the City of Warm Springs. Section 86. Fire District . Be it further enacted, That said Mayor and Council may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City, and to enlarge, change or modify its limits from time to time; to prescribe when, how and of what material buildings in said limits may be erected or covered, how thick the walls must be, and how chimneys, stove pipes and flues are to be constructed, and generally to do all things as they may deem necessary to protect said City, so far as possible, from danger from fire, and to prevent the spread of fire from one building to another. They shall also have authority to order any changes in the construction or arrangement of chimney's stove pipes or flues, or the removal thereof, when, in their judgment, the same are dangerous or likely to become so, and make the owner of the premises pay all expenses of such change, which, if done by the City, shall be collected as taxes are now collected. And if any person, firm or corporation shall erect any building which is not in accordance with the laws and ordinances of said City,

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said Mayor and Council may order such building removed, and if such person, firm or corporation shall not remove such building after notice to do so, the Mayor and Council shall have authority and power to remove the same at the expense of the owner, which expense may be collected by execution. Fire District Section 87. Sale of Liquors . Be it further enacted, That said Mayor and Council shall in the exercise of their police powers have full power and authority to pass such ordinances as they may think proper more effectually to prohibit the illegal sale or possession of spirituous, vinous, malt or intoxicating liquors within the corporate limits of the City of Warm Springs. The marshal or any policeman of said City shall have full power and authority to enter and, if necessary break open and enter, any place in said City which there is reasonable cause to believe a blind tiger or as a place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of such liquor and apparatus for selling the same. And said Mayor and Council shall have full power and authority to abate as a nuisance any such place in said City, and upon conviction of any person for maintaining such a nuisance, as above stated, and as a penalty for the same, said Mayor and Council, or said Mayor, shall have full power and authority to cause the marshal and policemen of said City to seize and destroy the stock of liquors of such persons, and apparatus for selling the same, and to otherwise punish the offender or offenders as may be prescribed by ordinances. Said Mayor and Council shall have full power and authority to carry into effect and enforce the provisions of this section by appropriate ordinances. Sale of Liquors Section 88. Zoning Law . Be it further enacted, That the said Mayor and Council of the City of Warm Springs may, in the interest of public health, order, safety, convenience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the zoning of the said City for the purpose of regulating the location of trades, industries, apartment-houses, dwellings or other uses of

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property, and for the regulation of the relations between the races; or for the purpose of regulating the height and location of the buildings, fences and other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulation may be based upon any one or more of the purposes above described. The City may be divided into such number of zones, or districts, and such districts may be of such shape and area as the Mayor and Council of said City shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations appertaining thereto, classifications may be based on the nature or character of the trade, industry, profession or other activity conducted or to be conducted upon the premises; the number and race of persons, families, or other group units to reside in or use said buildings; the public, quasipublic or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, convenience, comfort, happiness, prosperity or welfare, and to enact any ordinances necessary effectually to carry out this section. Zoning Laws Section 89. Cemetery . Be it further enacted, That the said Mayor and Council of the said City shall have the power and authority to own, acquire and control property in or near said City for a Cemetery, and to regulate and control interments therein and to punish any and all persons injuring or destroying the property or shrubbery therein, and to enact such ordinances as may be necessary properly to regulate, protect and control the same. Cemetery Section 90. Board of Health . Be it further enacted, That the said Mayor and Council in their discretion may be ordinance provide a Board of Health, to consist of such number, to hold office for such length of time, and to have such powers and duties and to receive such compensation, if any, as the Mayor and Council may by ordinance provide. The chairman of the Sanitary Committee

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of the Council shall be ex-officio a member of the Board of Health, and unless and until the said Board of Health is created by ordinance of said Mayor and Council, as herein provided, said Sanitary Committee shall have all the power, right and authority as are herein conferred upon said Board of Health, and shall exercise all of the duties, functions and offices as are herein set forth as appertaining to said Board of Health. It shall be the duty of said Board of Health to meet as often as may be necessary, or as the Mayor and Council may by ordinance prescribe, and to visit every part of the said City, and to report to the Mayor and Council all nuisances which are likely to endanger the health of the City or any neighborhood therein. Said Mayor and Council shall have power, upon the report of said Board of Health, to cause such nuisances to be abated, and the recommendation of said board to be carried out in a summary manner, at the expense of the party whose acts or negligence caused such nuisance, or of the owner of the property upon which the same may be located, as the Mayor and Council may elect. An execution may be issued against such party to collect the expenses of removing such nuisances, which may be collected by the marshal by levy and sale as tax executions are collected, and if necessary to employ a City Physician, if in the opinion of the Mayor and Council it is to the best interest of the City, and at such salary as may be found proper. Board of Health Section 91. Vacancies on Board of Health . Be it further enacted, That the Mayor and Council shall have full power and authority to fill vacancies that may occur in said Board of Health; that this Act may be plead as, and shall be, a complete bar to any action brought against the Mayor and Council, or either of them, for any act done under its provisions and the ordinance passed in pursuance of it. Vacancies on Board of Health Section 92. Health Ordinances, Enforcement . Be it further enacted, That any ordinance or ordinances necessary for the successful carrying out of the foregoing provisions may be enacted, provided they are not in conflict

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with the Constitution and laws of the State of Georgia. Health Ordinances Section 93. Nuisances . Be it further enacted, That said Mayor and Council may by ordinance declare what shall be nuisances in said City, and provide for the abeyance of the same. The Recorder's Court of said City of Warm Springs shall have concurrent jurisdiction with the Mayor and Council of said City in respect to the trial and abeyance of nuisances in said City of Warm Springs. Nuisances Section 94. Nuisances, Removal . Be it further enacted, That the Mayor and Council of said City shall have the power and authority to remove or cause to be removed at the expense of the owner thereof, all buildings, porches, steps, fences or other obstructions or nuisances in or near the public streets, and to abate any and all nuisances located anywhere in said City, and to punish anyone guilty of maintaining or carrying on such. Removal of Nuisances Section 95. Municipal Powers . Be it further enacted, That the said Mayor and Council shall have full power and authority by ordinance to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in and about the premieses where held; to regulate the keeping of gunpowder, dynamite and other combustibles; to provide in or near said City places for the burial of the dead, and regulate the interment therein; may act as trustees under any conveyance or will giving money or property for charitable or public purposes; to provide for the drainage of lots in said City by proper drains, sewers or ditches; to make regulations guarding against the danger of damage by fire; to protect the person or property of the citizens of said City; to exempt the officers and employees of the said City from street tax; to regulate and control public meetings and public speaking in the streets of the City of Warm Springs; to contribute to and support any work for the physical and moral uplift and benefit of the people of the said City; to prevent the obstruction of the streets of said City or gathering of disorderly crowds in said streets; to own, lease and maintain airports and landing fields and anything

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necessary thereto, whether within or without the limits of said City, and to supervise and control the same; and to enforce the provisions of these rights by appropriate ordinances and to do any and all other things incident thereto, not contrary to the Constitution and laws of the State of Georgia. Municipal Powers Section 96. Municipal Officers . Be it further enacted, That the said Mayor and Council shall have the power and authority to create or abolish, at their discretion, such other offices as they may deem necessary and elect officers to fill them, and may prescribe the duties and pay of such officers under such regulations as they may ordain, and such offices may be abolished or the officers be removed therefrom whenever the Mayor and Council may deem such to be to the best interest of the said City. Municipal Officers Section 97. Officers, Supervision Of . Be it further enacted, That the Mayor and Council shall be empowered and authorized through a committee, or by themselves, in the discretion of said Mayor and Council, whenever necessary, to examine into the working of the business of any office, or employee of the said City and the Mayor and Council conducting said examination shall have power to subpoena persons or compel the attendance of persons summoned, swear witnesses, compel the production of books and papers, and to force such disclosures as are pertinent to such investigation. Supervision of Officers Section 98. Removal from Office . Be it further enacted That the Mayor and Council and members of council, clerk, marshal, or any policeman may be removed from office on conviction before the Council of neglect of duty. incompetency, insubordination or malpractice in office. They shall also be liable to the same penalties as other individuals for violation of any of the ordinances of said City. The Marshal or police may be suspended by the Mayor for neglect of duty or conduct unbecoming an officer. Such term of suspension shall not exceed fifteen days unless approved by the Council at their first meeting after such suspension, and while under suspension his salary shall cease. Removal From Office

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Section 99. Fees . Be it further enacted, That the Mayor and Council shall have full power and authority to establish a fee-bill for the officers of said City, such fees, when collected to be paid into the City treasurer and that until and unless, changed by ordinance the same fees shall be charged and collected by the officers, in so far as applicable, as is now provided for Justices of the Peace and Constables in the State of Georgia. Fees Section 100. Contracts . Be it further enacted, That no person, holding any office in the City of Warm Springs, shall during the time for which he was elected or appointed, be capable of contracting with said corporation, or its duly constituted officers, for the performance of any work which is to be paid for out of the treasury, nor shall any such person be capable of holding or having any interest in such contract, either by himself or by another, directly or indirectly. Officers Contracting With City Prohibited Section 101. Claims Against City to be Presented in 12 Months . Be it further enacted, That all unliquidated claims against said City of Warm Springs shall be presented within twelve months after they accrue or become payable, or the same are barred, unless held by minors or other person laboring under disabilities, who are allowed twelve months after the removal of such disability. Claims Against City, Limitations Section 102. Stock Running at Large . Be it further enacted, That said Mayor and Council shall have power and authority to take up and impound any horses, mules, hogs, cows or other animals running at large in said City; also to levy a tax on each dog in said City running at large, not to exceed one dollar per year, and to make and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said City, and to enforce the provisions of this section. Stock Running At Large Section 103. Speed of Vehicles and Trains . Be it further enacted, That the Mayor and Council of said City shall have the power and authority to regulate the speed of automobiles and vehicles of all kinds and the speed

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of trains within the limits of the City of Warm Springs. Speed of Vehicles, Etc. Section 104. Boards and Committees . Be it further enacted, That the Mayor and Council shall have the power and authority to appoint and maintain such Boards and committees as in their judgment the needs of the City require. Boards and Committees Section 105. Assessment for Improvements . Be it further enacted, That the Mayor and Council of the City of Warm Springs shall have power and authority to assess any citizen of the City of Warm Springs and/or any property in the said City for any municipal improvement, changes, alterations or project and to fix the amount of such assessments, and to determine what amount is to be paid and by whom the same is to be paid; to provide by ordinance for the inforcement of the payment of the same by the issuance of an execution, levy and sale or by other means necessary, provided however that before such change, improvements, alterations or project be undertaken and/or assessments made therefor that such change, improvement, alteration or project shall be approved by the owners of the majority of the foot frontage affected. Assessment For Improvement Section 106. Acts and Laws Not Repealed . Be it further enacted, That the provisions of this Act shall not be construed to alter, amend, repeal or modify the present and existing charter of the City of Warm Springs, or any Act amendatory thereto, except as and to the extent provided in this Act; that all powers, rights and privileges herein conferred or extended are cumulative of those presently existent through and by reason of the present charter of the City of Warm Springs, and all Acts amendatory thereto; and that all laws and Acts enacted with reference to the Said City of Warm Springs, and all ordinances in force in said City, not in conflict with this Act, shall remain in full force and effect. Cumulative Section 107. Enumeration of Powers Not Restrictive . Be it further enacted, That the enumeration of powers in this Act shall not be construed as restricted to the powers

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specifically mentioned herein, but shall include all and every other thing and act necessary or incident to municipal government that shall not conflict with any special power or, authority given by this Act, and shall be construed as an addition to and in aid of such powers. Powers Enumerated, Not Restrictive Section 108. Provisions of Act Severable . Be it further enacted, That the provisions of this Act are severable, and if any part thereof shall be held contrary to the Constitution or the laws of Georgia, the same shall not effect the remaining parts thereof. Invalidity of Part Section 109. Repeal of Conflicting Acts . Be it further enacted, That all provisions of former Acts of the General Assembly of the State of Georgia, enacted with reference to the City of Warm Springs, or its predecessors, which are at variance, or in conflict with the provisions of this Act, are hereby expressly repealed, and all provisions of said Acts not expressly repealed are retained and shall continue of full force and effect; the provisions of this Act shall become operative when the same is passed by the General Assembly of Georgia, and approved by the Governor of said State; be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repeal of Conflicting Acts Approved January 30, 1946. WAYCROSS SCHOOL TAX No. 475 An Act to amend the act approved August 14, 1923, which said act amended an act approved August 15, 1921, which said act amended, the act approved July 29, 1919, 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, Georgia, by amending sections one (1), two (2) and three (3) of the act approved August 14, 1923, so as to fix the limit of taxation in the City of Waycross, Georgia, for school purposes at not to exceed fifteen (15) mills, instead of ten (10) mills as provided in said act, and to provide for

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the submission of this act allowing the increase in tax rate for school purposes to be submitted to the qualified voters of the City of Waycross, Georgia, at a special election to be held on some date to be designated by the Commission of the City of Waycross; and to give the Board of Education of the City of Waycross, Georgia, the right and authority to fix the rate of taxation in the city of Waycross, Georgia, for school purposes, not to exceed fifteen (15) mills, 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 14, 1923, which said act amended an act approved August 15, 1921, which said act amended an act approved July 29, 1919, which said acts 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, Georgia, be and the same is hereby amended by amending Section 1 of said act approved August 14, 1923, page 839 by striking from Section 1, wherever they appear, the words Six (6) mills and substitute in lieu thereof the words Ten (10) mills; by striking from Section 1, wherever they appear, the words Ten (10) mills, and substituting in lieu thereof the words Fifteen (15) mills so that said Section, as amended, shall read as follows: Acts Creating Waycross Public School System Amended 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 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

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the limit of taxation in the City of Waycross for school purposes at fifteen 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 mills instead of ten 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 authorby law for other purposes not to exceed fifteen mills on all the 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 schools in the City of Waycross'.. Limit of Taxation for School Purposes Section 2. Be it further enacted by the authority aforesaid that the act approved August 14, 1923, be and the same is hereby amended by amending Section 2, of said act approved August 14, 1923, page 839, by striking from Section 2 the words Ten (10) mills and substituting the words Fifteen (15) mills so that said section as amended shall read as follows: Section 2. Be it further enacted by the authority aforesaid, That the act approved August 15, 1921, which amended the act of October 22, 1887, as amended by the act of December 26, 1888, as furter 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 `six mills' whenever they occur in said act and inserting in lieu thereof the words `fifteen mills' and by striking out the words `Mayor and council of said city' whenever 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 mills instead of ten mills. Limit Raised Section 3. Be it further enacted by the authority aforesaid that the act approved August 14, 1923, be and the same is hereby amended by amending Section 3, of said

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act approved August 14, 1923, page 839, by striking from Section 3 the words as provided in the Constitution of Georgia, so that said section as amended shall read as follows: 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 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 same shall have written or printed on their tickets. Against increased taxation for public school purposes.' The managers of said special 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 the same, to declare the result, and record the same in the books of their proceedings, and if two-thirds of those voting at said election shall be in favor of the increased taxation, then this Act 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. Election Section 4. Be it further enacted by the authority aforesaid,

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that all laws and parts of laws in conflict with this act are hereby repealed. Approved January 30, 1946. WOODBINE TOWN CHARTER AMENDMENT No. 608 An Act To amend an act creating the charter for the Town of Woodbine, approved August 17, 1908 as amended by subsequent acts, so as to authorize the mayor and councilmen to adopt zoning regulations, building code and sanitary codes; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. The Act creating and establishing the charter for the Town of Woodbine approved August 17, 1908 and the several acts amendatory thereto are hereby amended by authorizing the mayor and councilmen to adopt zoning regulations, building regulations and sanitary regulations as herein provided. Act Approved Aug. 17, 1908 Amended Section 2. The mayor and councilmen of the Town of Woodbine are hereby authorized in the interest of public health, safety, order, concenvience, comfort, prosperity and general welfare, to adopt by ordinances a plan or plans for distributing or zoning the Town of Woodbine for the purpose of regulating, refining and restricting: (a) the location of trades industries, apartment houses, dwellings or other uses of property; and/or (b) the height of buildings or other structures; and/or (c) the area or dimensions of lots or yards used in connection with buildings or other structures; and/or the alignment of buildings or other structures near street frontage. The zoning may be based upon any one or more of said purposes. The town may be divided into such number of zones or districts, and such districts may be of such shapes and areas, as said mayor and councilmen shall deem best suited to accomplish the intent of zoning regulations. In the determination

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and establishment of districts and regulations, classifications may be based on the nature or character of trede, 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 use buildings, the public quasipublic, or private nature of the use of premises, or upon any other basis or bases relevant to the promotion or the public health, morals, safety, order, prosperity, or welfare. Zoning Regulations Section 3. The said mayor and councilmen shall be empowered, in any district proposed to be set aside primarily for resident purposes, to further classify the use thereof and to provide therein the class or c lasses of residents to be housed therein, and to provide therein such other or similar regulations and restrictions that shall tend to secure the welfare, public health, morals, safety and good order of the Town and residents thereof. Classification of Uses Section 4. The said mayor and councilmen shall be empowered to act by ordinances such rules and regulations as they shall deem necessary and proper to regulate the construction and/or repair of any building or other structure within said Town. Such regulations may govern the composition, strength and utility of materials. Such regulations may be based on any one or more of the above named objectives. Regulation of Construction Section 5. The said mayor and councilmen shall be empowered to regulate by proper ordinances, the installation, reconstruction, replacement, repair and maintenance of septic tanks, cess-pools, out-door toilets and/or any other sewerage disposal device or system. Such ordiance may be based upon any one or more of the above named objectives. Regulation of Sewerage [Illegible Text] Etc. Section 6. 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. Invalidity of Part Section 7. All laws and parts of laws in conflict with

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this act shall be and the same are hereby repealed. Approved January 31, 1946.

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TITLE II PRIVATE CORPORATIONS ACTS Foreign Corporations Fraternal Benefit Societies Converted FOREIGN CORPORATIONS No. 586 An Act To prescribe certain terms and conditions upon which foreign corporations may do business in this State; to provide for filing of copy of charter thereof with the Secretary of State and the designation of an agent for service of notice and process by such corporation with provisions for service in cases where no agent upon whom service can be made designated; to provide penalties 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 foreign corporation, not domesticated in this State, before commencing to do business in this State, shall file in the office of the Secretary of State a copy of its charter and all amendments thereto, duly exemplified by the proper officer of the State in which such corporation is incorporated; and any foreign corporation, not domesticated as aforesaid, now doing business in this State, which shall continue to do business in this State on or before July 1, 1946, shall likewise file, in said Secretary's office an exemplified copy of its charter and all amendments thereto. Upon filing such copy of its charter the corporation shall pay to the Secretary of State a fee of $10.00 in addition to all other taxes now or hereafter provided for by law. Any such corporation failing to comply with the provisions of this section of this Act shall be penalized by the Secretary of State in the amount of $100.00; and the Secretary of State shall be authorized to sue, in the name of the State, by any appropriate action, including attachment or garnishment,

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or both, in any court of this State, to recover said penalty; but upon its being made to appear to the Secretary of State that the failure to comply with these requirements was not wilful or with intent to avoid these requirements, the Secretary of State, upon the corporation complying with the requirements, may remit the penalty in whole or in part. Condition Precedent to Operation of Foreign Corporations in this State Section 2. Any foreign corporation, not domesticated under the laws of this State, which shall do business in this State or which shall do any act in the State while doing business herein which may subject it to liability to and person, and which does not maintain a place of business and agent in this State upon whom service may be perfected, shall be deemed to have consented that any summons, notice or process in connection with any action or proceedings in the courts of this State growing out of or based upon any business done in this State may be sufficiently served upon it by serving the same upon the Secretary of State of this State, unless said corporation shall designate and keep designated some person or persons who may be found and served with notice, summons or process in this State, as its agent or agents for such service, by a designation or designations to be filed, from time to time, in the office of said Secretary of State, giving the names o f such agent or agents and the place or places in this State where such agent or agents may be found and served. Service of Process Section 3. If such foreign corporation, doing business in this State, and which does not maintain a place of business and agent in this State upon whom service may be perfected, shall fail to designate some person or persons who may be found and served with notice, summons, or process in this State, then service of summons or process shall be made upon such corporation by leaving a copy thereof, with fee of $2.00, in the hands of the Secretary of State of Georgia, and such service shall be sufficient service upon such non-resident corporation, provided that notice of such service and a copy of the process is forthwith sent by registered mail by the plaintiff

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or the Secretary of the State of Georgia, to the principal office of said corporation in the State in which such corporation was chartered or in any other State where the principal office of such corporation may be located, and the corporation's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with said summons, petition and other papers in said case in the court wherein the action is pending. Service Upon [Illegible Text] of State in Certain Instances Section 4. A foreign corporation, doing business in this State, and which does not maintain a place of business or agent in this State upon whom service may be perfected, shall be sueable hereunder in any county of this State in which the contract sued upon or any part or modification therof was made or to be performed, or in which the tort sued for or any part therof was committed, or in any county in this state wherein the person or persons designated by such corporation under the provisions of this Act to accept service shall reside. In the event suit is brought in a county in which the contract sued upon or any part or modification thereof was made or to be performed or in which the tort sued for or any part thereof was committed, and in which the person or persons designated by such corporation under the provisions of this Act to accept service shall not reside, service of said summons or process may be perfected upon such corporation by a second original served upon such person or persons in any other county of this State designated by such corporation as its agent to receive service of summons and process under this Act, and in the absence of a person or persons designated by the corporation to receive service as provided in this Act, summons and process may be served upon the Secretary of State as provided in Section 3 of this Act. Jurisdiction as to Place Section 5. The provisions of this Act are cumulative of any other laws of this State on the same general subject. Cumulative Section 6. None of the provisions of this Act shall apply to any foreign corporation which is now required by the

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laws of Georgia both to file a copy of its charter with the Comptroller General, or Insurance Commissioner, and to designate an agent for service. Certain Corporations Exempt Approved January 31, 1946. FRATERNAL BENEFIT SOCIETIES CONVERTED No. 581 An Act Providing for the conversion of Fraternal benefit societies organized and transacting business under the laws of this State into Stock Life Insurance Companies or Mutual Life Insurance Companies: Providing for a notice to be given to subordinate lodges and for the calling of a meeting of The Supreme Governing Body: Providing the procedure by which The Supreme Governing Body shall authorize the conversion of a fraternal benefit society into a Stock Life Insurance Company or into a Mutual Life Insurance Company and providing for the procedure by which fraternal benefit societies may be incorporated as Stock Life Insurance Companies or Mutual Life Insurance Companies; providing for the filing of a report of the meeting of the Supreme Governing Body with the insurance commissioner and obtaining his approval thereof annd the issuance of a certificate to that effect: Providing for the filing of a petition with the Secretary of State for a charter and the contents of the petition filed and the issuance by the Secretary of State of a certificate of authority to transact business at a Stock Life Insurance Company or a Mutual Life Insurance Company; Providing for the purchase of stock, for the organization of the new company, and preserving the rights of creditors and lien holders, and the preservation of debts, liabilities and duties of the former fraternal benefit society and providing for the assumption by the new corporation of all obligations of the former fraternal benefit society, for the prosecution of all pending suits affecting the former fraternal benefit society and providing for the succession by the new corporation to all rights, privileges, franchises and property of all

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kinds, duties and all other things belonging to such fraternal benefit societies and providing for the vesting of all property, rights, privileges, franchises and all interests of the former society in the converted corporation. 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, any fraternal benefit society organized and transacting business under the laws of this State may convert itself into a stock life insurance company or a mutual life insurance company. The conversion of such society into a stock life insurance company or a mutual life insurance company shall be effected in the manner following. Privilege to Convert Section 2. Be it further enacted by the authority aforesaid that a notice shall be mailed by registered mail to all of the subordinate lodges or branches of the society, by whatever name called, at least 90 days before the meeting of the supreme governing or legislative body at which such action is proposed to be taken, which notice shall state that a proposal will be made at said meeting to convert the society into a stock life insurance company or a mutual life insurance company. How Effected Section 3. Be it further enacted by the authority aforesaid that pursuant to said notice, the supreme governing or legislative body shall adopt a resolution authorizing the conversion of the fraternal benefit society into a stock life insurance company or into a mutual life insurance company, as the case may be, and shall authorize the obtaining of a charter for the converted company from the Secretary of State, which resolution so authorizing such charter shall set forth the following: (1) the name of the converted company; (2) the kind of kinds of insurance to be carried on; (3) the location of its principal office; (4) the names and addresses of members of the society who shall petition the Secretary of State for a charter for the new corporation; (5) any and all other provisions which shall be necessary to comply with the laws of the State of Georgia in existence with respect to obtaining a

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charter and the engaging in the insurance business as a stock life insurance company or as a mutual life insurance company, as the case may be. Resolution Authorizing Conversion Section 4. Be it further enacted by the authority aforesaid that a report of said meeting, certified by the presiding officer thereof under the corporate seal, if the society has a corporate seal, shall be filed in the office of the Insurance Commissioner and the Insurance Commissioner shall approve the conversion from a fraternal benefit society into a stock life insurance company or into a mutual life insurance company, as the case may be, and the Insurance Commissioner shall thereupon issue his certificate to that effect. Report of Meeting to be held with Insurance Commissioner Section 5. Be it further enacted by the authority aforesaid that thereupon the petitioners named by the supreme governing or legislative body shall petition the Secretary of State for a charter for the new corporation and shall in all respects comply with the laws in force as to obtaining a charter for a stock life insurance or a mutual life insurance company, as the case may be, and such petition shall in addition thereto set forth the following: (1) the name of the former fraternal benefit society being converted into a new corporation; (2) a report of the meeting of the supreme governing or legislative body authorizing the conversion, certified by the presiding officer thereof; (3) a certificate from the Insurance Commissioner approving such conversion. Charter, how Obtained Section 6. Be it further enacted by the authority aforesaid that if such fraternal benefit society be converted into a stock life insurance company, each and every policy holder, certificate holder or other person insured by it, shall have the exclusive right, for 90 days after the conversion is completed, to subscribe for that portion of the total stock offered for sale which the amount of his insurance bears to the society's total insurance in force at the time of the conversion. Rights of Policy Holders Section 7. Be it further enacted by the authority aforesaid that when such fraternal benefit society shall have

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complied with the provisions of this Act and with the laws of this State relating to domestic stock life insurance companies or domestic mutual life insurance companies, as the case may be, and shall have received from the Secretary of State a certificate of authority as prescribed by law to transact business in this State as a stock life insurance company or a mutual life insurance company, it shall thereupon perfect its organization in the manner provided by law for domestic stock life insurance companies or domestic mutual life insurance companies. Such reorganized and converted corporation shall be deemed in law to be a continuation of such fraternal benefit society and such reorganized and converted corporation shall succeed to and become vested with all and singular the rights, priviliges, franchises, and all property, real, personal or mixed, and all debts due on any account, and all other things in action, theretofore belonging to such fraternal benefit association; and all property, rights, privileges, franchises, and all and every other interest, shall thereafter be as effectually the property of such reorganized and converted corporation as they were of the former fraternal benefit society; and the title to any real estate, by deed or otherwise, vested in such former fraternal benefit society shall vest in such reorganized and converted corporation and shall not in any way be impaired by reason of the conversion. Such converted corporation shall thereafter be subject to all laws affecting stock life insurance companies or mutual life insurance companies, as the case may be, and shall not thereafter be subject to laws affecting only fraternal benefit societies. Organization Subject to all Life Insurance Laws Section 8. Be it further enacted by the authority aforesaid that rights of creditors, and all liens upon the property of the former fraternal benefit society, shall be preserved unimpaired and the former fraternal benefit society, shall be deemed to continue in existence in order to preserve the same; and all debts, liabilities and duties of the former fraternal benefit society shall thenceforth attach to the reorganized and converted corporation and may be enforced against it to the same extent as if said

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debts, duties and liabilities had been incurred or contracted by it. Rights of Creditors Section 9. Be it further enacted by the authority aforesaid that such reorganized and converted corporation shall be obligated to carry out and perform all of the obligations of every kind and character owing by the former fraternal benefit society to the holders of its policies or beneficial certificates, and the same may be enforced against it to the same extent as if said policies and beneficial certificates had been issued by it after such conversion. Any pending suits wherein the former fraternal benefit society was a party shall be unaffected by the conversion thereof and shall be prosecuted by or against such reorganized and converted corporation the same as if the conversion had not taken place. Obligations of Old Company Section 10. Be it further enacted by the authority aforesaid that if any section, clause or sentence of this Act shall be declared unconstitutional, the same shall not vitiate the remaining provisions of said Act, and that all such provisions not declared illegal or unconstitutional shall remain in full force and effect. Invalidity of Part Section 11. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 12. This Act shall take effect from and after its approval by the Governor. Approved January 31, 1946.

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PART IVRESOLUTIONS

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TITLE I MISCELLANEOUS SUBJECTS RESOLUTIONS. Allotments to State Ports Authority Allowance for State Auditor Approving the Principle of World Federation Authorization of State Properties Commission to Sell Land Battey General Hospital Chancellor Steadman V. Sanford Charles H. Herty Memorial Association Compensation to Mrs. Dock Harrison Wooten Compensation to Parents of Billie Gene McDonald Compromise of Note to Riches, Piver Company Deed to Boys' Estate Deed to James Fowler Educational Committee from General Assembly Goulds Inlet Gum Turpentine and Gum Rosin Invitation to J. Knox Gholston to Address General Assembly Lieutenant Vereen Bell, USNR Payment to H. E. Terrell, Jr. Payment to Mrs. J. H. Glover Protest of Price Ceiling on Cotton Protest of Price Ceiling on Pulpwood Reports of Senate - House Committee on Institutions Rules of Practice and Procedure for Appeal or Review Rules of Procedure, Pleading, and Practice in Civil Actions State Board of Public Welfare State Veterans' Memorial Park Trade of Certain Lands Uses of Surplus Funds ALLOTMENTS TO STATE PORTS AUHORITY No. 82 A RESOLUTION Whereas, the State Ports Authority is authorized to construct and operate at Savannah and Brunswick port facilities through which the products of the farms, forests and industries of this State may be distributed to the world, and raw materials imported for manufacture; and whereas, the said port facilities will add to the prosperity of the entire State, will be the means of bringing new industries into our midst, and will add to the wealth of our people, therefore, Preamble Be it resolved by the House, the Senate concurring, that the Budget Bureau be, and the same is hereby, authorized to make such allotments from time to time from the State

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Emergency Fund to the credit of the State Ports Authority in the State Treasury as may be deemed necessary or proper for the purpose of furthering the development of trade and commerce in this State and to foreign states and countries and upon presentation of invoices from the State Ports Authority the Budget Bureau is authorized to issue its warrants on the funds in payment of such invoices. Allotments Authorized Approved January 31, 1946. ALLOWANCE FOR STATE AUDITOR No. 67 A RESOLUTION Whereas: The State Auditor of Georgia is an employee of the General Assembly of Georgia, and Whereas: It is the desire of the members of the General Assembly that the State Auditor be extended some of the rights and privileges of the members of the General Assembly, be it therefore Preamble Resolved: By the General Assembly, both houses concurring, that effective upon the adoption of this resolution, that the State Auditor is authorized and directed to receive a daily allowance for maintenance expense at the same per day rate as is authorized by the State Constitution for the members of the General Assembly, provided, however, this allowance shall be inclusive of and not in addition to hotel and subsistence expenses incurred while on official business requiring travel. Allowance Authorized Approved January 30, 1946. APPROVING THE PRINCIPLE OF WORLD FEDERATION No. 69 A RESOLUTION Whereas, it is necessary at the present juncture of human affairs to enlarge the bases of organized society by

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establishing a government for the community of nations, in order to preserve civilization and enable mankind to live in peace and be free, the following principles and objectives are hereby enunicated in Preamble THE DECLARATION OF THE FEDERATION OF THE WORLD Man, the source of all political authority, is a manifold political being. He is a citizen of several communities; the city, the state, the nation and the world. To each of these communities he owes inalienable obligations and from each he receives enduring benefits. Man as Political Being Communities may exist for a time without being incorporated but, under the stress of adversity, they disintegrate unless legally organized. Slowly but purposefully through the centuries, civilization has united the world, integrating its diverse local interests and creating an international community that now embraces every region and every person on the globe. This community has no government, and communities without governments perish. Either this community must succumb to anarchy or submit to the restraints of law and order. Necessity for Gov't. Governments can only be established through the deliberate efforts of men. Man has struggled from time immemorial to endow the individual with certain fundamental rights whose very existence is now imperiled. Among those rights is man's freedom to worship, speak, write, assemble and vote without arbitrary interference. To safeguard these liberties as a heritage for the human race, governments were instituted among men, with constitutional guarantees against the despotic exercises of political authority, such as are provided by elected parliaments, trial by jury, habeas corpus and due process of law. Man must now either consolidate his historic rights or lose them for generations to come. Rights Enumerated The ceaseless changes wrought in human society by science, industry and economics, as well as by the spiritual, social and intellectual forces which impregnate all cultures, make political and geographical isolation of nations hereafter impossible. The organic life of the human

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race is at last indossolubly unified and can never be severed, but it must be politically ordained and made subject to law. Only a government capable of discharging all the functions of sovereignty in the executive, legislative and judicial spheres can accomplish such a task. Civilization now requires laws, in the place of treaties, as instruments to regulate commerce between peoples. The intricate conditions of modern life have rendered treaties inffectual and obsolete, and made laws essential and inevitable. The age of treaties is dead; the age of laws is here. Isolation Impossible Governments, limited in their jurisdiction to local geographical areas, can no longer satisfy the needs or fulfill the obligations of the human race. Just as feudalism served its purpose in human history and was superseded by nationalism, so has nationalism reached its apogee in this generation and yielded its hegemony in the body politic to internationalism. The first duty of government is to protect life and property, and when governments cease to perform this function, they capitulate on the fundamental principle of their raison d'etre. Nationalism, moreover, is no longer able to preserve the political independence or the territorial integrity of nations, as recent his-history so tragically confirms. Sovereignty is an idealogical concept without geographical barriers. It is better for the world to be ruled by an international sovereignty of reason, social justice and peace than by diverse national sovereignties organically incapable of preventing their own dissolution by conquest. Mankind must pool its resources of defense if civilization is to endure. Insufficiency of Nationalism History has revealed but one principle by which free peoples, inhabiting extensive territories, can unite under one government without impairing their local autonomy. That principle is federation, whose virtue preserves the whole without destroying its parts and strengthens its parts without jeopardizing the whole. Federation vitalizes all nations by endowing them with security and freedom to develop their respective cultures without menace of foreign domination. It regards as sacrosanct man's personality, his rights as an individual and as a citizen and his role as a partner with all other men in the common

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enterprise of building civilization for the benefit of mankind. It suppresses the crime of war by reducing to the ultimate minimum the possibility of its occurrence. It renders unnecessary the further paralyzing expenditure of wealth for belligerent activity, and cancels through the ages the mortgages of war against the fortunes and services of men. It releases the full energies, intelligence and assets of society for creative, ameliorative and redemptive work on behalf of humanity. It recognizes man's morning vision of his destiny as an authentic potentiality. It apprehends the entire human race as one family, human beings everywhere as brothers and all nations as component parts of an indivisible community. Principle of Federation There is no alternative to the federation of all nations except endless war. No substitute for The Federation of the World can organize the international community on the basis of freedom and permanent peace. Even if continental, regional or ideological federations were attempted, the governments of these federations, in an effort to make impregnable their separate defenses, would be obliged to maintain stupendously competitive armies and navies, thereby condemning humanity indefinitely to exhaustive taxation, compulsory military service and ultimate carnage, which history reveals to be not only criminally futile but positively avoidable through judicious foresight in federating all nations. War as Only Alternative It being Our Profound and Irrevocable Conviction: That man should be forever free and that his historic rights as an individual and as a citizen should be protected by all the safeguards sanctioned by political wisdom and experience. That governments are essential to the existence of commnuities and that the absence of government is anarchy. That there exists an international community, encompassing the entire world, which has no government and which is destined, either to be ruthlessly dominated and exploited by totalitarianism or to be federated by democacy upon the principle of freedom for all nations and individuals. Convictions That all human beings are citizens of this world community,

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which requires laws and not treaties for its government. That World Federation is the keystone in the arch of civilization, humanity's charter of liberty for all peoples and the signet authenticating at last the union of the nations in freedom and peace. That there are supreme moments in history when nations are summoned, as trustees of civilization, to defend the heritage of the ages and to create institutions essential for human progress. In the Providence of God, such a crisis is this hour, compelling in duty and unprecedented in responsibilitya fateful moment when men meet destiny for the fulfillment of historic tasts. Now Therefore, Be It Resolved By Senate, The House Of Representatives Concurring: Section 1. That the General Assembly of Georgia does hereby solemnly declare that all peoples of the earth should now be united in a World Federation, and to that end it hereby requests the Senators and Members of the House of Representatives in Congress from the State of Georgia to support and vote for a Resolution in the Congress of the United States, approving the principle of World Federation and requesting the President of the United States to initiate the procedure necessary to formulate a Constitution for the Federation of the World, which shall be submitted to each nation for its ratification. Principle of World Federation Approved Section 2. That a copy of this Resolution be sent to each of the Senators and Members of the House of Representatives in Congress from the State of Georgia. Copies to Senators and Representa tives Approved January 31, 1946. [NOTE] BY THE GOVERNOR: While I approve in principle the purport of S. R. No. 70, I doubt the propriety of requesting the President of the United States to initiate procedures necessary to formulate a constitution for the Federation of the World. Due to the working of the United Nations Organization, much is being done towards World Federation. S. R. No. 70 seems

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to question present procedures and urge the adoption of others. Nevertheless, with reservations, the Resolution is approved. AUTHORIZATION OF STATE PROPERTIES COMMISSION TO SELL LAND No. 84 A RESOLUTION To authorize the State Properties Commission to sell two (2) acres of land, more or less, located in the 8th District of Muscogee County, Georgia; to provide for method of sale; to authorize the State Properties Commission to execute and deliver a deed of conveyance to the purchaser conveying said tract of land; and for other purposes. Whereas, The State Highway Board of Georgia purchased two (2) acres of land, more or less, in the 8th District of Muscogee County, Gorgia, on the 25th day of September, 1930, to be used as a barrow-pit and Whereas, said tract of land has ceased to be of any value to the State Highway Department of Georgia, and Preamble Whereas, the General Assembly of Georgia believes that it will be to the best interest of the State that the following described tract of land, to-wit: All that tract or parcel of land lying and being in Land Lot Number Thirty (30) of the 8th District of Muscogee County, Gorgia, more particularly described as follows: Beginning at a stake 30 feet from the center line of the Columbus-Macon Road; said stake being on the boundary line between the land of The Home Savings Bank of Columbus, Georgia, formerly belonging to William Hart and that of Cody estate, and running thence North 39 degrees, 25 minutes West 200.3 feet along the said boundary line to a stake; thence Southwesterly on a curve of 2634.8 feet radius 181.5 feet to a stake; thence South 49 degrees and 51 minutes West 282.4 feet to a stake; on the boundary line between the lands of The Home Savings Bank of Columbus,

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Georgia, formerly belonging to William Hart, and Thomas Hoey; thence South 55 degrees and 55 minutes East along the said boundary line 208.6 feet to a stake on the line of the right of way of the State Highway Board, which line is 30 feet from the center line of the Columbus-Macon Road; thence North 49 degrees and 51 minutes East along the said right of way line 225 feet to a stake; thence Northeasterly along said right of way line on a curve 2834.9 feet radius 181.5 feet to the point of beginning. Said tract containing 2 acres, more or less. be sold, and Whereas, it is to the best interest and advantage to the State of Georgia that said tract of land be sold, and the proceeds of such sale be paid over to the State Treasury. Now therefore, be it Resolved, and it is hereby resolved by the General Assembly of Georgia: (1) That the State Properties Commission be and it is hereby authorized and directed to make a sale of all the right, title, and interest which the State of Georgia has to said tract of land; Sale Authorized (2) That said Commission shall advertise said tract of land for sale on a day to be fixed by said Commission, such advertisement to invite sealed bids, and to be published once a week for four consecutive weeks immediately preceding the day of the sale in the legal organ of Muscogee County, Georgia, and shall sell all of the right, title and interest which said State has to said tract of land to the highest bidder for cash; Advertisement (3) That said Commission shall execute and deliver to the successful bidder at such sale, a deed or conveyance conveying all right, title and interest which said State has in said tract of land, and Deed (4) That the proceeds of said sale be paid over to the State Treasury. Proceeds Approved January 31, 1946.

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BATTEY GENERAL HOSPITAL No. 92 A RESOLUTION Whereas, the State of Georgia is in dire need of a tuberculosis hospital, and Whereas, Battey General Hospital located at Rome, Georgia, has already been declared surplus by the proper army authorities, and Whereas, The United States Veterans Administration has openly declared that it did not desire to maintain and operate said hospital, and Preamble Whereas, Battey General Hospital is ideally situated in the State of Georgia and has all the necessary equipment and facilities to efficiently and effectively treat tuberculosis, and Whereas, the Federal Government has already entered upon preliminary negotiations for the sale and transfer of said hospital to the State of Georgia. Now, therefore, be it resolved by the House of Representatives, the Senate concurring in a separate resolution, that the Honorable Walter F. George and the Honorable Richard B. Russell, together with our congressional delegation,use their best efforts to speedily and effectively cause the negotiation for the transfer of Battey General Hospital to the State of Georgia to be fully and completely consummated. Request to Senators and Representatives Be it resolved further, that a copy of this Resolution be sent by the Clerk of the House of Representatives to each of the foregoing members of the congressional delegation from Georgia. Copies Sent to Delegation Approved February 1, 1946. CHANCELLOR STEADMAN V. SANFORD No. 72 A RESOLUTION Whereas: Since the last session of the General Assembly of the State Georgia, our commonwealth has sustained

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a great loss through the death of Chancellor Steadman V. Sanford of the University System of Georgia. Whereas: It is meet and proper that this General Assembly take official notice of the passing of that great educational leader and record a merited tribute to his useful life. He was brilliant in intellect, firm in confiction, broad in vision and indomitable in energy, he devoted a long life in loyalty and affection to the improvement of conditions in his native State, and left as his imperishable monument an educational system of advancing power and effective service to which he made conspicuous and lasting contributions. Preamble Therefore: Be it resolved by the House of Representatives of the State of Georgia, the Senate Concurring, that this tribute be spread upon the minutes of both houses of this General Assembly, in session assembled, and that copies of this tribute be sent to the widow of the distinguished Georgian, and to the heads of all of the schools and Colleges of the University System of Georgia. Spread upon Minutes Approved January 31, 1946. CHARLES H. HERTY MEMORIAL ASSOCIATION No. 80 A RESOLUTION Whereas, it is fitting and appropriate to encourage the erection of monuments and other suitable memorials to our illustrious dead; and Preamble Whereas, the research conducted by the late Charles H. Herty has materially increased the use of the natural resources of the State of Georgia the benefits of which will inure to the people of the world for generations, Therefore, be it resolved by the House, 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 Charles H. Herty Memorial Association, which Association shall undertake to provide ways and

Page 706

means of planning and building a suitable monument to the late Charles H. Herty. Governor Authorized to Appoint Commission Be it further resolved that the said Charles H. Herty Memorial Association organized pursuant hereto, be and it is hereby authorized to erect a monument to the memory of the late Charles H. Herty upon the capitol grounds of the State, at a place not otherwise appropriated, to be approved by the Governor. Erection of Monument Be it further resolved that the Budget Authority be authorized in its discretion to allot from any available funds such sum as may be necessary or proper to erect such monument. Funds Approved January 31, 1946. COMPENSATION TO MRS. DOCK HARRISON WOOTEN No. 86 A RESOLUTION To compensation Mrs. Dock Harrison Wooten, widow of Dock Harrison Wooten, for injuries he received upon property of the State of Georgia, and known as a State Farmer's Market, said injuries resulting in his death. Whereas, on July 13, 1943, a power pole owned by the State of Georgia upon the Farmer's Market site, likewise owned, operated and maintained by the State of Georgia, under and by virtue of Ga. Laws of 1935 (No. 44) p. 369, from some unknown cause, and without anything in indicate its condition, fell upon and across one Dock Harrison Wooten, inflicting certain mortal injuries from which he died on July 15, 1943; and, Preamble Whereas, no act on the part of the said Dock Harrison Wooten was contributory thereto; Now therefore, be it resolved by the General Assembly of Georgia: That Mrs. Dock Harrison Wooten, his widow, be compensated in the sum of Five Thousand ($5000.00) Dollars for the death of her said husband, and that said sum be,

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and it is hereby appropriated by the General Assembly of Georgia to be paid from the State Treasury for said purpose. Appropriation of Funds Approved January 31, 1946. COMPENSATION TO PARENTS OF BILLIE GENE McDONALD No. 75 A RESOLUTION To compensate J. W. McDonald and Mrs. J. W. (Kathryn) McDonald, parents of Billie Gene McDonald, a minor who was permanently injured by a truck owned and operated by the State of Georgia; and for other purposes. Whereas on October 16, 1941, a truck owned by the State of Georgia and by the State Highway Department of Georgia, and operated by a prisoner under the direction of the State Highway Department, in Harris County, Georgia, ran over and permanently injured Billie Gene McDonald, an infant three years of age at the time of the accident: Preamble Now Therefore, Be It Resolved by the General Assembly of Georgia: That J. W. McDonald and Mrs. J. W. (Kathryn) McDonald, parents of Billie Gene McDonald, an infant of three years old at the time of an accident on October 16, 1941, for the use of said infant be compensated jointly in the sum of Five Thousand ($5,000.00) Dollars on account of the permanent injury of said infant, and that said sum be, and it is hereby appropriated by the General Assembly of Georgia to be paid from the State Treasury for said purpose. Compensation to Parents Approved January 31, 1946. COMPROMISE OF NOTE TO RICHES, PIVER COMPANY No. 70 A RESOLUTION Whereas, The Board of Entomology of the State of

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Georgia bought calcium arsenate during the years 1921, through 1925, from Riches, Piver Company, and: Wheras, The Board of Entomology was buying calcium arsente for the benefit of the farmers and to assist the farmers in their fight on the boll weevil, and, Whereas, The Board of Entomology paid for a portion of the calcium arsenate so bought, having paid the account down to $45,544.13, on November 3, 1925, and, Whereas, On November 3, 1925, a note for the amount of $45,544.13 was executed by the Georgia State Board of Entomology to the Riches, Piver Company, payable March 15, 1926, for the $45,544.13 principal and 8% interest per annum, and; Whereas, On March 15, 1926, $12,994.33 was paid on said note, leaving a balance due on said date of $32,549.20, and; Preamble Whereas, There has been no other nor further payments on said note since said date, and; Whereas, In 1927, a special committee of the Appropriations Committee approved said claim of the Riches, Piver Company, but the special appropriation was caught in the rush of adjournment without enactment, and; Whereas, In 1935 another unsuccessful ateempt was made to get payment on this debt, and; Whereas, It is the announced intention of this administration to pay the State out of debt, and; Whereas, There is now due on said note the amount of $82,862.36, principal and interest as of January 1, 1945, and; Whereas, The Riches, Piver Company have evidenced their willingness to settle said note and claim against the Sovereign State of Georgia for $55,000.00. Now, Therefore, Be It Resolved By the General Assembly of the State of Georgia, that the Govenor and the budget commission are hereby authorized to set aside to the credit of the State Department of Entomology the sum of $55,000.00, and the State Entomologist is hereby directed

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to pay this sum to the Riches, Piver Company in full settlement of the notes and any or all claims against the State of Georgia. Authority to Set Aside Funds Approved January 31, 1946. [NOTE] BY THE GOVERNOR: In view of the statement of Hon. C. H. Alden, Director of Entomology, contained in a letter to the Governor dated January 28, 1946, to the effect that: I have searched through the records of the Department of Entomology, and can find no record of any transaction between it and the Rivers Piver Company, there is constituted a committee comprised of the Attorney General, the Auditor, and the Director of Entomology, charged with the duty of investigating auditing, verifying and certifying the said claim of the Rivers, Piver Company to the Budget Bureau, together with such recommendations as the said Committee may make as to what amount, if any, not exceeding the authorization contained in H. R. No. 66, shall be paid under the terms of the Resolution. With this proviso, and subject to it, H. R. No. 66 is approved. Approved ELLIS ARNALL Governor This 31st day of January, 1946. DEED TO BOYS' ESTATE No. 78 A RESOLUTION Whereas, On August 28, 1934, Cator Woolford, conveyed to the State of Georgia without cost or expense to the State lands hereinafter described; and Whereas, Title to said land is by virtue of legislative enactment in the State Division of Conservation of the State for the benefit of the State; and Preamble Whereas, The State is not, and has not been able to develop and use the same as Santo Domingo State Park as

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was contemplated by the donor; and Whereas, Boys Estate, a corporation of Glynn County, Georgia, organized into a charitable institution, proposes to develop and use said property as a charitable home for underprivileged boys. Therefore, Be it Resolved by the House of Representatives, the Senate concurring, That the Governor of Georgia, acting as Governor and in his capacity as ex officio Commissioner of the State Division of Conservation, be and he is hereby authorized and directed to execute a deed conveying said property described as follows: Authority to Execute Deed A tract of land containing 350 acres, more or less, beginning at a point on the north side of local county road, leading from the Coastal Highway to Altama plantation at the center of the abandoned Brunswick-Altamaha Canal, running south 89 degrees and 14' west, a distance of 712.0 feet to a concrete marker; thence north 37 degrees 0' west, a distance of 1134.0 feet to a concrete marker; thence north 13 degrees and 47' west, a distance of 722.9 feet to a concrete marker; thence north 37 degrees 16' west, a distance of 553.2 feet to a concrete marker; thence north 8 degrees and 8' west, a distance of 1045.6 feet to a concrete marker and thence north 28 degrees and 11' east, a distance of 1062 feet, along an old dam to a concrete marker; thence south 48 degrees east, a distance of 804.6 feet to a concrete marker; thence north 2 degrees and 36' east, a distance of 5305.0 feet along the center of an old rice field drainage ditch to a concrete marker; thence north 87 degrees and 24' west, a distance of 80.0 feet to the bank of the South Altamaha River; thence meandering along the bank of the South Altamaha River to the north and east, to a point in the center of the Brunswick-Altamaha Canal, where it flows into the South Altamaha River; thence along the center of the Brunswick-Altamaha Canal (abandoned) to the beginning point on the edge of the county road. This area is bounded on the west by the lands of Cator Woolford; on the north by the South Altamaha river; on the east by the

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Brunswick-Altamaha Canal (abandoned); and on the south by a local county road. Description of Land To Boys Estate Incorporated to be used by said Corporation for the exclusive purpose as a Charitable Home for underprivileged boys, and with the condition that should said property cease to be used as a Charitable Home for underprivileged boys for a period of two years, or should said Corporation use said property for any other purpose other than a Charitable Home for underprivileged boys, title to said property is to revert to the State Division of Conservation for the use of the State of Georgia, and with the further condition that in the event title to said property should revert to the State that any and all improvements placed thereon by Boys Estate Incorporated shall become and be the property of the State of Georgia. Be it further resolved, That immediately upon the execution and delivery of such deed by the Governor, acting as Governor and as Commissioner o fthe State Division of Conservation, the title to the above described lands shall vest in Boys Estate Incorporated subject to the terms and conditions herein imposed. Approved January 31, 1946. DEED TO JAMES FOWLER No. 85 A RESOLUTION Whereas, on the first day of November 1938, James Fowler, of Treutlen County, Georgia, gave, granted, donated and conveyed to the State of Georgia for park purposes, and the State of Georgia accepted, the following described property, to-wit: All that tract or parcel of land located in the 1221st District G. M. of Treutlen County, Georgia, known as the Lorthair District, and comprising 885.188 acres, more or less, and being more particularly described as follows: Beginning at a point 600 feet, more or less, in a southeasterly direction from Troupe Monument

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where the Troupe Monument-Soperton Road crosses the land line of Mrs. Perry Gillis, and running thence in a straight line northwesterly 6830 feet, more or less, thence N-36-OOE 680 feet, more or less, thence N-14-15E 883.2 feet, more or less, thence N-78-45W 2897 feet, more or less, to the thread or middle of Dead River, thence 1400 feet, more or less, along center of Dead River to the middle or thread of the stream of the Oconee River, thence along the thread or middle of the Oconee River as it flows in varying directions to a point 1060 S-6-30W of Stave Mill Bight, thence 450 feet, more or less, along bank of Oconee River to a point 680 feet S-9-OOE of Stave Mill Bight, thence from said point 4650 feet, more or less, N-46-15E, thence N-75-35E 5730 feet, more or less, and running thence in a straight line 3410 feet, more or less, in a Northeasterly direction to a point on the Southwest side of highway right-of-way where the Troupe Monument-Soperton Road crosses the land line of Mrs. Perry Gillis, thence N-46-OOE 200 feet back to point of beginning. Preamble Said property having been conveyed by warranty deed executed and delivered to the State of Georgia by James Fowler, dated November 1, 1938, recorded June 12, 1945 in the Office of the Clerk of the Superior Court of Tretutlen County, Georgia, in Deed Book No. 20, page 603, and said deed containing as a part of the description of said property, the following, to wit: Said property is more particularly described according to a plat thereof made by E. D. O'Dell in August, 1938, as revised November 1, 1938, which is hereunto attached and made a part of this instrument, said plat being recorded on June 12, 1945, in the Office of the Clerk of the Superior Court of Treutlen County, Georgia, in Deed Book No. 20, pages 604-5; and, Whereas, the State of Georgia has failed to develop and use said property for park purposes, for which purposes the same was donated and conveyed; and, Whereas, it appears that the grantor in said deed, James Fowler, will suffer great loss as a result of the

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failure of the State of Georgia to develop and use said property as a State Park, for which purpose the same was conveyed: 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 and deliver a deed reconveying the property hereinabove described to the said James Fowler, immediately upon the passage of this Resolution. Authority to Execute Deed Be it further resolved by the authority aforesaid, that immediately upon the execution and delivery of such deed reconveying said property, the title to the land herein above described shall vest in the said James Fowler. Approved January 31, 1946. EDUCATIONAL COMMITTEE FROM GENERAL ASSEMBLY No. 83 A RESOLUTION Whereas: For the year 1936, prior to the enactment of the law, approved February 10, 1937, to equalize educational opportunities throughout the State, to provide for the operation of the Public Schools of the State, to prescribe methods of allotting, distributing and disbursing the common school funds, etc., the General Assembly of Georgia did provide $7,537,205.29 in tax funds, both regular and equalization, for the operation of the Public Schools and Whereas: The General Assembly is now providing for approximately $25,000,000.00 to be expended in each fiscal year for the operation of the Public Schools, and Preamble Whereas: It is reported that the School System now faces the worst crisis in its history and is unable to provide the educational facilities due our children even in face of the tremendous increase in State appropriations, be it therefore

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Resolved: That the President of the Senate be directed to appoint two members from the Senate and that the Speaker of the House of Representatives be directed to appoint three members of the House to serve on an Education Committee. The Governor, President of the Senate and Speaker of the House shall also be members of the Committee. The Committee shall be charged with the duty of making a complete and exhaustive study and investigation into the operation of the common schools of this State, determine the cause of the crisis and propose a remedy and shall make a complete report on its findings and shall make recommendations to guide the members of the General Assembly in its deliberations on matters pertaining to the improvement of the educational facilities of this State. Appointment of Committee The facilities of the office of State Auditor and the Department of Education shall be made available to the Committee, at no extra cost, to gather and compile financial data and other information required by the Committee. Facilities of State Auditor Made Available The Education Committee thus appointed shall report back to the next meeting of the General Assembly in January 1947 and for such services shall receive the compensation and expenses provided for in Georgia Laws, Code Section No. 47-111. Report of Committee Approved January 31, 1946. GOULDS INLET No. 81 A RESOLUTION To establish beyond doubt or uncertainty the name of the inlet or tidal estuary on the Georgia Coast traditionally known as Goulds Inlet. Whereas by long usage and historical fact the true, proper and correct name of the inlet or tidal estuary between St. Simons Island and Sea Island on the Georgia Coast is and should be Goulds Inlet. Preamble

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And whereas, it is now desired to establish for all time the true, proper and correct name of said inlet. Now Therefore, be it resolved by the House of Representatives, the Senate concurring, that the true, correct and proper name of the inlet or tidal estuary on the Georgia Coast between St. Simons and Sea Island be and the same is Goulds Inlet and that said inlet hereafter shall be known and called by said name. Name of Goulds Inlet Established Approved January 31, 1946. GUM TURPENTINE AND GUM ROSIN No. 65 A RESOLUTION Be it resolved by the House of Representatives, the Senate concurring, that Whereas, the production of gum turpentine and gum rosin is most essential to the economic welfare of the State of Georgia, as well as the Nation, - Georgia being by far the largest by volume producing State of those com modities; and, Whereas, There now remains in full force and effect that certain War Production Board Order, known as M-387, limiting the use of rosin and inventories thereof in the hands of consumers, which Order was originally promulgated as a war time measure; and, Preamble Whereas, the said limitation of uses of rosin has caused high quantities of rosin to back up in the hands of producers in the producing area, which accumulations consumers are not permitted to purchase on account of the stringent terms of the said limitation Order M-387; and, Whereas, it is now the season of the year when the gum naval stores farmers must make their preparations for the new crop in the way of leasing and preparing timber, hanging and elevating turpentine cups, raking and protecting their operations from fire and otherwise doing

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and performing their winter work, all of which require the use of large sums of cash to pay for labor and the purchase of timber leases, supplies and equipment; and, Whereas, the gum naval stores farmers are not financially able to, and should not be forced to carry inventories of rosin in the South, such inventories normally being carried by the consumers, which the consumers are now ready, willing and anxious to purchase and consume, but they are not permitted to do so due to the restrictions and limitations of the said Rosin Order M-387; and Whereas, the Civilian Production Administration and the United States Department of Agriculture have been and are urging the gum naval stores farmers to increase their production, which increase is being hindered by the continuation in effect of the said Rosin Order M-387: Now Therefore Be It Resolved that the Civil Production Administration, (formerly War Production Board) in Washington, D. C. be and the said Administration is hereby urged to immediately rescind the said Rosin Order M-387; that copies of this Resolution be sent by the Governor of the State of Georgia to the Administration of the Civilian Production Administration, and to each of the United States Senators and the Congressmen from the State of Georgia, with the request that they use their good offices in bringng about the immediate rescission of the said Order. Copies to Congressional Delegation Approved January 24, 1946. INVITATION TO J. KNOX GHOLSTON TO ADDRESS GENERAL ASSEMBLEY No. 73 A RESOLUTION Whereas, the Hon. J. Knox Gholston, one of Georgia's outstanding businessmen and financiers, and at present a member of the State Highway Commission, representing the Tenth Congressional District under appointment by his Excellency Ellis Arnall, which appointment was

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confirmed by this Senate immediately after it was organized, did at his own expense, time, and effort publish a pamphlet in reference to certain conditions in the State Highway Department, and Whereas, Said Phamphlet was mailed to every member of the State Senate and of the House of Representatives, and Whereas, Said pamphlet and document, written and published by the said Hon. J. Knox Gholston, is not an indictment against the present administration, headed by our distinguished Governor, but it an indictment against the State Highway Department for its operation for the past twenty-five years. As the Hon. J. Knox Gholston states the State Highway Department is guilty of discrimination in the distribution and allocation of State-aid-roads to the several counties of our State; and, as he states, there has been, and is now, a misappropriation of the one cent per gallon gasoline and fuel oil tax for the maintenance of county roads, and Preamble Whereas, Said indictments and accusations should not go unchallenged by the Legislative Branch of our Government, whose duty it is to legislate and see that equal rights go to all the people of Georgia, with special privileges to none, and Whereas, Since the said Hon. J. Knox Gholston, as he states, is on the inside looking out, and since he is a man of unquestionable honor and integrity, holding the respect of our Governor and of this Assembly, did offer, in his pamphlet, to appear before any body to substantiate his cleams. Be It Therefore, Resolved by this Senate, the House of Representatives concurring, that the Hon. J. Knox Gholston be, and he is hereby, invited within the week to appear before a joint session of Said Senate and House of Representatives to address said body, giving us additional

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facts and figures, explaining and elaborating upon his contentions, and for questioning. Invitation to Appear Signed Peyton S. Hawes, Senator from the thirtieth Signed O. W. Hill, Senator from the Thirty-sixth Approved January 31, 1946. LIEUTENANT VEREEN BELL, USNR No. 90 A RESOLUTION Whereas, Lieutenant Vereen Bell, USNR, distinguished himself in the service of his State and his Country as an Air Combat Intelligence Officer and lost his life in the second battle of the Phillipine Seas on October 25, 1944 and Whereas, Lieutenant Bell, the son of Chief Justice R. C Bell of the Georgia Supreme Court distinglished himself and became an outstanding Georgian by being author of Swamp Water, which novel gave to the world insights in the wonders of the Okefenokee Swamp, and Preamble Whereas, Public spirited citizens of Waycross and Ware County are now developing a park to furnish amusement, pleasure and educational benefits in connection with Okefenokee. Therefore, be it resolved by the House, the Senate concurring that to commemorate the memory of Lieutenant Vereen Bell, the highway being constructed leaving Federal highway No. 1 at Broganza near Waycross and running to entrance of boat trails on Cow House Island in Okefenokee Swamp be, and said highway is hereby designated as Vereen Bell Highway. Vereen Bell Highway Approved February 1, 1946.

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PAYMENT TO H. E. TERRELL, JR. No. 71 A RESOLUTION Whereas, on February 2, 1943, H. E. Terrell, Jr., Gainesville, Georgia, was seriously injured while in the line of his official duty as an instructor at the University of Georgia School of Aviation, Athens, Georgia, by reason of the fact that the aeroplane in which he was carrying on his duties as an instructor had a defective propeller; and Whereas, the said defective aeroplane was assigned to the said H. E. Terrell, Jr., and he was required to perform and conduct his official duties therein, not knowing at the time that the said aeroplane was unsafe for flying and instructing purposes; and Preamble Whereas, as a direct and proximate result of the negligence of other employees of the University of Georgia School of Aviation, Athens, Georgia, in not discovering the said defect, the aeroplane on the aforesaid date crashed to the ground seriously injuring the said H. E. Terrell, Jr. As a direct result of these injuries, he has sustained a 75% permanent disability and has incurred the following medical, drug and hospital bills: Piedmont Hospital $1237.93 Special Nursing 387.00 Blood DonorsFor transfusions (4) 100.00 Downey Hospital 94.00 Martin Brace Co., Leg Braces 113.50 $1932.43 Piedmont Hospital 309.29 Dr. Thornton (Partial Bill) 1000.00 $3241.72 Piedmont Drug P. 348.03 Dr. Brown 250.00

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Dr. Nicholson 150.00 Meals and Transportation 250.00 4239.75 Ledford Pharmacy 165.00 $4404.75 and, Whereas, at the time of the above accident the University of Georgia School of Aviation failed to carry insurance to cover such accidents, even though immediately after the aforesaid incident of February 2, 1945, the said University of Georgia School of Aviation immediately procured proper insurance to cover said accidents and persons suffering injuries and casualties since that date have been compensated therefor by virtue of such insurance; Now 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 saidH. E. Terrell, Jr., as reimbursement for the aforesaid hospital and medical bills the sum of $4,404.75. The above amount is hereby authorized to be paid by the State Treasurer as aforesaid. Payment Authorized Approved January 31, 1946. PAYMENT TO MRS. J. H. GLOVER No. 76 A RESOLUTION Whereas, Emory Peavy was employed by the State Highway Department of the State of Georgia and while on business for the State Highway Department and while driving a truck owned by the State Highway Department on Highway No. 50, Tift County, in the town of Ty Ty ran over a car owned and being operated by J. H. Glover, and Preamble

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Whereas, The car was occupied by Glover's five year old son, Glenn Glover, and J. H. Glover was killed and his son, Glenn Glover was injured and the car, a 1929 A Model Ford, was totally destroyed, and Whereas, the value of the car was $250 and because of the doctor bill and funeral expenses it was necessary to spend the sum of $516.59, and Whereas, J. H. Glover left surviving him his wife, Mrs. J. H. Glover and three minor children, and Whereas, The State Patrol made a case against Emory Peavy for reckless driving and he was found guilty and paid a fine: Therefore, Be It Resolved by the House, 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 $3000 to be paid to the said Mrs. J. H. Glover for the use of herself and the support of her minor children. Payment Authorized Approved January 31, 1946. PROTEST OF PRICE CEILING ON COTTON No. 89 A RESOLUTION Whereas, the cotton crop of the southern states has in the past been the greatest single factor of our national economy and has produced great wealth for this nation and, Whereas, the cotton crop now gives employment to more than thirteen million people directly and to more than seven millions indirectly and, Preamble Whereas, the need for cotton and the products of cottonseed is great, not only in this country, but throughout the world and, Whereas, there is not now in any country in the world,

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with the possible exception of Egypt and the United States, that produces enough cotton for its own use, provided they had necessary manufacturing equipment with which to put in into useable form, and, Whereas, according to the Statistical Abstract of the United States of 1942 on Table 619, beginning on page 631 and ending on Page 669, in the pre-war years this country was importing the equivalent of more than five-million bales of cotton per year in the form of jute, rayon, flax, hemp, woolpulp and other cotton substitutes, while the American cotton grower was denied the benefit of the American market for American cotton and, Whereas, the Agricultural Adjustment Act of 1933 provided for a parity price on cotton, so as to give the cotton farmer that price for his cotton which would enable the owner of a bale of cotton to exchange it for other commodities to the same advantage that be enjoyed from 1909 to 1914, and, Whereas, the parity price fixed by the Secretary of Agriculture under the Agricultural Adjustment Act of 1933 and its amendments has been and is entirely inadequate to give the cotton grower any such purchasing power, and, Preamble Whereas, on account of the cumulative effect of the aforesaid causes, the cotton crop of 1945 was reduced to approximately nine million bales, much of which has not been harvested and either will be left in the fields to rot or such portion as is harvested will be of such low grade that it will not bring the farmer very much, if anything, above the cost of picking and ginning, and Whereas, the director of the Office of Price Administration is now threatening to put a ceiling on the price that the farmer will be permitted to get for his cotton of the 1946 crop, and Whereas, even with a reduced production and the very low prices paid to farmers, cotton is still the number one money crop of Georgia, according to government figures,

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it brought in more cash money in 1945 than any other crop, and Whereas, the great and pressing housing situation now existing in southern states is in large measure due to vacant houses on the farms, houses out of which people moved to go to the cities during the war years, and with present and prospective prices for cotton and other crops, there is no incentive for these people to return to the vacant houses on the farms, and Whereas, there is no incentive for returned servicemen to undertake to buy farms for themselves and return to an agricultural life with prices of cotton and other crops as low as they are at present and with the prospect of governmental interference to force agricultural prices to world levels, and Preamble Where as, in our opinion the American people, including the American farmer, is entitled to maintain and enjoy a high living standard in keeping with the intelligence, energy and initiative found in America and which is not found in those countries producing cheap agricultural products, and Whereas, in our opinion, many billion dollars annually will be required to maintain national, state, county and municipal governments in conforming with present needs and tendencies, and Where as, other billions will be required to finance armies of occupation in foreign countries; and still more billions will be required annually to finance and fund the tremendous national debt, and Whereas, it will be impossible to find public revenues sufficient unless the income of the people are maintained at high figures, Therefore, be it resolved, by the House and Senate concurring, that We protest the fixing of any ceiling by the Office of Price Administration on the 1946 cotton crop. Protest Be it further resolved, that we urge our Congressmen

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and Senators to exert every effort to correct the conditions set out herein as unfair and unfavorable to the cotton grower and to agriculture, in general, of Georgia and of the nation. Action of Congress Urged Be it further resolved, that a copy of this resolution be sent to each Congressman and Senator from the State of Georgia. Copies to Congressional Delegation Approved February 1, 1946. PROTEST OF PRICE CEILING ON PULPWOOD No. 91 A RESOLUTION Memoralizing the Congress of the United States to prohibit the office of Price Administration from placing discriminatory price ceilings against southern pulpwood growers. Whereas, many farmers of Georgia and other southern states are selling pulpwood at prices far below the ceiling prices prevailing in other sections of the United States, and Preamble Whereas, we regard this discrimination against southern pulpwood growers as outrageous and indefensible; and the forest of the southern states are being demanded at prices far below those in keeping with the material produced; and Whereas, we are advised by the Farm Bureau representative at Washington, D. C. that the Office of Price Administration has fixed the following ceiling prices on pulpwood; to-witSouthern rough pine, fob cars shipping point, $9.50 per unit; northern rough pine, fob cars at shipping point $16.25 per unit; southern rough hardwood, fob cars at shipping point $10.12 per unit, northern rough hardwood, fob cars at shipping point $17.19 per unit. Thus it is shown how the southern farmer is being discriminated against; and

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Whereas, the product made from southern pulpwood is equal in every respect to that produced from pulpwood grown in other areas and pulp mills have been erected in the south because of the recognized value of southern grown pulpwood; Now therefore, be it resolved by the House of Representatives, the Senate concurring, that the Congress of the United States be requested to take the necessary steps to prevent the Office of Price Administration from discriminating against southern pulpwood growers, and that the ceiling price on rough pine pulpwood be uniformly placed at $16.25 per unit fob cars at shipping point, and a ceiling price uniformly placed on rough hardwood at $17.19 per unit, fob cars at shipping point; Request to Congress Be it further resolved that the Clerk of the House, jointly, with the Clerk of the Senate, send each member of the United States Congress a copy of this Resolution. Copies to Delegation Approved February 1, 1946. REPORTS OF SENATE-HOUSE COMMITTEE ON INSTITUTIONS No. 79 A RESOLUTION Directing the Secretary of the Senate and the Clerk of the House to include as an Appendix to the Journal of the Senate and the Journal of the House the reports of the Senate-House Committee on Institutions. Whereas The President of the Senate and the Speaker of the House did in 1945 appoint a committee to investigate all of the institutions operated by the State of Georgia; Preamble Whereas this committee did file with the Secretary of the Senate and the Clerk of the House a copy of each report; Be it resolved by the Senate of Georgia, the House of

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Representatives concurring, that the Secretary of the Senate and the Clerk of the House be directed to incorporate as an Appendix in the Journal of the Senate and the Journal of the House the report on each institution including the final report of said committee made by the Senate-House Committee on Institutions. Reports Incorporated In House and Senate Journals Approved January 31, 1946. RULES OF PRACTICE AND PROCEDURE FOR APPEAL OR REVIEW No. 88 A RESOLUTION To ratify and confirm rules of practice and procedure for appeal or review in all cases, civil or criminal, to or from any of the courts of This State, as adopted and prescribed by The Supreme Court of Georgia on January 12, 1946, in pursuance of the Act approved February 16, 1945, providing therefore (Ga. 1. 1945, pp. 145 et seq.); to ratify and confirm the date on which the said rules of practice and procedure shall become effective: and for other purposes. Section 1. Whereas, the General Assembly of Georgia at its last regular session, enacted an act entitled; 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 Court of Georgia and the Justices thereof the power to prescribe, modify, and repeal rules of procedure and pleading and practice in civil action 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 form any of the Courts of this State; to provide for the taking effect of such rules, and for other purposes, which was approved by the Governor, February 16, 1945; and, Power of Supreme Court to Prescribe Rules of Procedure Whereas, in conformity with the provisions of Section

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4 of the Act, the Supreme Court appointed a Committee from the Bar of this State to aid in the preparation of rules falling within the purview of Section 1 of said Act; and Committee from Bar Whereas, said Committee has filed with the Supreme Court its report, entitled Report No. one, Appellate Procedure, recommending the adoption of certain rules with respect to practice and procedure for appeal or review in all cases, civil and criminal, to or from any of the Courts of this State; and, Report of Committee Whereas, the said Supreme Court by an order dated January 12, 1946, adopted and prescribed the rules as recommended in said Committee's Report No. One, as aforesaid, which report is further identified in the said order of the Supreme Court; a certified copy of the said order of the Supreme Court of January 12, 1946, being hereto attached as Exhibit 1-A, and a certified copy of the said Committee's Report No. One, being hereto attached as Exhibit 1-B, and both of said exhibits being made a part of this resolution; and Adoption of Report Whereas, the Supreme Court did, in its said order, provide for report of its action to this session of the General Assembly of Georgia, which has been done; now therefore be it Resolved by the House of Representatives, the Senate concurring that the action of the Supreme Court in adopting and prescribing said rules and the said rules themselves as thus adopted by the Court, be and the same are hereby ratified and confirmed, and that said rules shall take effect January 1, 1947. Ratification of Rules Section 2. Resolved Further, that all laws and parts of laws in conflict with this resolution be, and the same are, hereby repealed. EXHIBIT 1-A SUPREME COURT OF GEORGIA Atlanta, January 12, 1946

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The Honorable Supreme Court met pursuant to adadjournment. The following order was passed: Exhibit 1-A Whereas, the General Assembly, at its session held in 1945, passed and act entitled 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 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, which act was approved February 16, 1945, (Ga. L. 1945, p. 145 et seq.), and which provided among other things: Order of Supreme Court 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. Power of Court to Prescribe Rules Stipulated Section 2. Whenever the Supreme 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 by Court to General Assembly 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

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by an Act or Resolution of the General Assembly of Georgia. Power of Supreme Court to Modify Rules Section 44. The Supreme Court shall appoint a committee or committees from the Bar of this State to aid in the preparation of rules. and Whereas this Court did thereafter, in pursuance of said Act, appoint a Committee from the Bar of this State to aid in preparation of rules falling within the purview of Section 1; and Appointment of Committee Where as, the said Committee has made a report to this Court entitled Report No. One Appelate Procedure, recommending rules of practice and procedure for appeal or review in all cases, civil or criminal, to or from any of the courts of this State, which Report No. One is hereby further identified as containing thirty-one numbered parts or paragraphs, and as having been signed by Charles J. Bloch, Chairman, and attested by Mrs. Grant Williams as Secretary, and as having been filed in the office of the Clerk of this Court on January 9, 1946: Report No. One Identified It is hereby ordered that the said report be accepted and approved, and that all of the rules of practice and procedure as therein recommended be and the same are adopted and prescribed by this Court in terms of the said act, the same to become effective on January 1, 1947, subject nevertheless to ratification and confirmation by the General Assembly of Georgia as in said act provided. Approval of Report Ordered further, that the said rules of practice and procedure as thus adopted and prescribed by this Court, be reported to the General Assembly at its session which convenes on Monday January 14, 1946, for such action as that body may see fit to take with respect to ratifying and confirming the same. Report to General Assembly To that end, let the Clerk of this Court prepare two certified copies of this order and of the said Committee's Report No. One as above described, containing such rules; and thereupon let the Sheriff of this Court deliver one of said certified copies of this order, together with one of said certified copies of the said Committee's Report

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No. One, to the President of the Senate and deliver in like manner one of each of said certified copies to the Speaker of the House of Representatives, for such action as the General Assembly may see fit to take in the premises. Reports Ordered Delivered to General Assembly SUPREME COURT OF GEORGIA Atlanta, January 14, 1946 I certify that the above is a true copy of an order of the Supreme Court, passed on January 12, 1946. Witness my signature and the seal of this Court hereto affixed the day and year above written. Certification K. C. BLECKLEY Clerk, Supreme Court EXHIBIT 1-B REPORT NO ONE APPELLATE PROCEDURE TO THE HONORABLE THE SUPREME COURT OF GEORGIA: The Committee from the Bar of this State appointed by your Honors under the provisions of an Act of the General Assembly approved February 16, 1945 (Ga. Laws 1945, p. 145 et seq) to aid in the preparation of rules of practice and procedure for appeal or review in all cases, civil and criminal, to or from any of the courts of this State, recommends to the Court the following: 1. That Section 6-701 of the Code of 1933, which is: Code 6-701 Amended No cause shall be carried to the Supreme Court or Court of Appeals upon any bill of exceptions while the same is pending in the court below, unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause or final as to some material party thereto; but, at any stage of the cause, either party may file his exception to any decision, sentence, or decree of the superior or city court; and if the same is certified and allowed, it shall be entered of record in the cause; and should the case at its final determination be carried by writ of error to the Supreme Court or Court

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of Appeals by either party, error may be assigned upon such bill of exception, and a reversal and new trial may be allowed thereon, when it shall be manifest that such erroneous decision of the court has or may have affected the final result of the case be amended by adding thereto: No bill of exceptions as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken to the Supreme Court by bill of exceptions and writ of error until there has been a final judgment in the trial court. The overruling of a general demurrer in any of these cases shall not be deemed a final judgment subject to review; but the grant of a new trial shall be treated as a final judgment in these cases, and subject to review as in other cases, so that said Section, when so amended, shall read: No cause shall be carried to the Supreme Court or Court of Appeals upon any bill of exceptions while the same is pending in the court below, unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause or final as to some material party thereto; but, at any stage of the cause, either party may file his exception to any decision, sentence, or decree of the superior or city court; and if the same is certified and allowed, it shall be entered of record in the cause; and should the case at its final determination be carried by writ or error to the Supreme Court or Court of Appeals by either party, error may be assigned upon such bill of exceptions, and a reversal and new trial may be allowed thereon, when it shall be manifest that such erroneous decision of the court has or may have affected the final result of the case. No bill of exceptions as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken to the Supreme Court by bill of exceptions and writ of error until there has been a final judgment in the

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trial court. The overruling of a general demurrer in any of these cases shall not be deemed a final judgment subject to review; but the grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases. New Code Sec. 6-701 2. That Section 6-802 of the Code of 1933, which is: If the plaintiff in error shall so elect, he may have the brief of so much of the evidence as is necessary to a clear understanding of the errors complained of approved by the judge and made a part of the record and sent up by the clerk as a part thereof, rather than have the same incorporated in the bill of exceptions be amended by adding thereto: No such brief of the evidence shall be approved by the judge unless the opposite party or his attorney of record shall have been given written notice as provided by Section 24-3347 as amended herein, so that said Section, when so amended, shall read: Code 6-802 Amended Requisites for Approval of Brief of Evidence If the plaintiff in error shall so elect, he may have the brief of so much of the evidence as is necessary to a clear understanding of the errors complained of approved by the judge and made a part of the record and sent up by the clerk as a part thereof, rather than have the same incorporated in the bill of exceptions. No such brief of the evidence shall be approved by the judge unless the opposite party or his attorney of record shall have been given written notice as provided by Section 24-3347 as amended herein. Code 6-802 as Amended 3. That Section 6-806 of the Code of 1933, which is: The form of the certificate of the judge to the bill of exceptions shall be as follows: `I do certify that the foregoing bill of exceptions is true, and contains (or specifies, as the case may be) all the evidence, and specifies all of the record, material to a clear understanding of the errors complained of; and the clerk of the court of is hereby ordered to make out a complete copy of

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such parts of the record in said case as are in this bill of exceptions specified, and certify the same as such, and cause the same to be transmitted to the Supreme Court (or the Court of Appeals, as the case may be), that the errors alleged to have been committed may be considered and corrected be amended by adding thereto: It shall be the duty of the judge, to whom any bill of exceptions shall be presented, to see that the certificate is in legal form before signing the same. Whenever a judge shall attach his signature to a certificate where the language of the certificate is such as to indicate the intention of the judge to verify the truthfulness of the recitals therein contained, his signature shall be construed as a verification of the bill of exceptions and the contents thereof unless by note thereto or modification thereof over his signature the contrary affirmatively appears, so that said Section, when so amended, shall read: Code 6-806 Amended Form of Certificate of Judge The form of the certificate of the judge to the bill of exceptions shall be as follows: `I do certify that the foregoing bill of exceptions is true, and contains (or specifies, as the case may be) all the evidence, and specifies all of the record, material to a clear understanding of the errors complained of; and the clerk of the court of is hereby ordered to make out a complete copy of such parts of the record in said case as are in this bill of exceptions specified, and certify the same as such, and cause the same to be transmitted to the Supreme Court (or the Court of Appeals, as the case may be), that the errors allaged to have been committed may be considered and corrected.' It shall be the duty of the judge, to whom any bill of exceptions shall be presented, to see that the certificate is in legal form before signing the same. Whenever a judge shall attach his signature to a certificate where the language of the certificate is such as to indicate the intention of the judge to verify the truthfulness of the recitals therein contained, his signature shall be

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construed as a verification of the bill of exceptions and the contents thereof unless by note thereto or modification thereof over his signature the contrary affirmatively appears. New Code 6-806 4 That Section 6-808 of the Code of 1933, which is: It shall be the duty of the judge, to whom any bill of exceptions shall be presented, to see that the certificate is in legal form before signing the same; and no failure of any judge to discharge his duty in this respect shall prejudice the rights of the parties by dismissal or otherwise be repealed. Code 6-808 Repealed 5. That Section 6-809 of the Code of 1933, which is: If a defendant in error shall except in any case by bill of exceptions, he shall prepare his bill of exceptions and proceed in the same manner as above provided, but shall not take up any portion of the evidence or record that is taken up by the main bill of exceptions be repealed and that there be adopted and prescribed in lieu thereof the following: Code 6-809 Repealed If a defendant in error shall desire to except, he shall prepare his cross bill of exceptions and proceed in the same manner as provided for main bills of exceptions, but shall not take up any portion of the evidence or record which is taken up by the main bill of exceptions. Such cross bill of exceptions shall be tendered within 20 days from the date of the service of the main bill of exceptions. New Provision for Cross Bill of Exceptions 6. That Section 6-902 of the Code of 1933, which is: The bill of exceptions shall be tendered to the judge who presided in the cause within 30 days from the adjournment of the court or the date of the decision at chambers; and in the event that the court shall not adjourn within 30 days from the date of the organization and opening of the court, such bill of exceptions shall be tendered to the judge who presided in the cause within 60 days from the date of the

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decision, judgment, verdict, or decree rendered; and if the same is true, and contains, in connection with transcript of the record, all the facts necessary to the understanding and adjudication of the alleged error, the judge shall sign and certify the same be repealed and that there be adopted and prescribed in lieu thereof the following: Code 6-902 Repealed Bills of exceptions shall be tendered to the judge who presided in the cause within 20 days from the date of the decision complained of. This provision as to time shall apply to bills of exceptions in all classes of cases and shall so apply irrespective of whether or not the term at which the decision was rendered had adjourned, and irrespective of whether the decision complained of was rendered in vacation or at chambers or during a term of court, except that nothing herein contained shall change any provision of Section 27-1201 of the Code of 1933 providing the time within which direct bills of exceptions must be taken to denials of motions for change of venue. New Provision as to time of bills of exceptions 7. That there be adopted, prescribed ond enacted, to become a part of Chapter 6 of the Code of 1933 the following: New Provision to Chapter 6 of Code In cases where the defendant in error named in a bill of exceptions is represented by an attorney at law or appears in propria persona, the judge, before certifying the bill of exceptions, shall require reasonable notice to such attorney or such party and afford him an opportunity to be heard on the question of whether or not the bill of exceptions as tendered is correct and complete. If an attorney of record for a defendant in error, or such party, in writing waives this privilege or in writing approves the bill of exceptions as correct and complete as to the averments of fact therein this requirment shall be deemed waived.Such waiver shall be attached to the bill of exceptions as an exhibit thereto. Notice to Defendant in Error 8. That Section 6-903 of the Code of 1933, which is: In all applications for discharge in bail trover and

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contempt cases; in all criminal cases; and in all cases granting or refusing applications for injunction or receiver; granting or refusing applications for alimony, mandamus, or other extraordinary remedy; granting or refusing applications for attachment against fraudulent debtors; and granting or refusing applications for dissolution of corporation created by superior court, the bill of exceptions shall be tendered and signed within 20 days from the rendition of the decision, and the opposite party shall be served, within 15 days from such signing, with the bill of exceptions, and the clerk shall, within 15 days from such service, make out a transcript of the record and transmit the same immediately to the Supreme Court or the Court of Appeals, as the case may be, then in sessions, and if not in session, then to the very next sessions; and its arrival by the first day of the term, or at any time thereafter during the term, shall be sufficient to insure a hearing. If said record, being returned to a court then in session, shall fail, after legal diligence, to arrive in time for a hearing before adjournment, it shall stand over until the next term Code 6-903 Amended be amended by striking the words and signed, and by striking all that follows the words the rendition of the decision and substituting the following: The bill of exceptions shall be served and filed as providafter the duties of the clerk in such case shall be the ed in Section 6-911 and 6-1001 of the Code, and theresame as prescribed by Section 6-1001 of the Code so that said Section, when so amended, shall read: Fast Bills of Exceptions In all applications for discharge in bail trover and contempt cases; in all criminal cases; and in all cases granting or refusing applications for injunction or receiver; granting or refusing applications for alimony, mandamus, or other extraordinary remedy; granting or refusing applications for attachment against fradulent debtors; and granting or refusing applications for dissolution of corporation created by the Superior Court, the bill of exceptions

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shall be tendered within 20 days from the rendition of the decision. The bill of exceptions shall be served and filed as provided in Sections 6-911 and 6-1001 of the Code, and thereafter the duties of the clerk in such case shall be the same as prescribed by Section 6-1001 of the Code. 9. That Section 6-904 of the Code of 1933, which is: All bills of exceptions in criminal cases shall, as regards the practice both in the lower court and in the appellate court, relating to the time and manner of signing, filing serving, transmitting and hearing the same, be governed, in all respects where applicable, by the laws and rules in reference to bills of exceptions in cases of injunction, and it shall be the duty of the appellate court to give a speedy hearing and determination in such cases, either under existing rules or under special rules to be formulated by said court for that purpose, and if the judgment of the court below shall be affirmed in the appellate court, the clerk of the appellate court shall transmit promptly the remittitur to the clerk of the court from which the writ of error was taken, and upon the reception of the same the clerk shall notify the judge of said court, who shall have full power, in term or vacation, to pass any order, sentence, or judgment necessary to carry into execution the judgment of the court be amended by striking the words in cases of injunction and substituting the words in other cases, so that said section, when so amended shall read: Code 6-904 Amended in cases of Injunction Deleted All bills of exceptions in criminal cases shall, as regards the practice both in the lower court and in the appellate court, relating to the time and manner of signing, filing, serving, transmitting and hearing the same, be governed, in all respects where applicable, by the laws and rules in reference to bills of exceptions in other cases, and it shall be the duty of the appellate court to give a speedy hearing and determination in such cases, either under existing rules

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or under special rules to be formulated by said court for that purpose, and if the judgment of the court below shall be affirmed in the appellate court, the clerk of the appellate court shall transmit promptly the remittitur to the clerk of the court from which the writ of error was taken, and upon the reception of the same the clerk shall notify the judge of said court who shall have full power, in term or vacation, to pass any order, sentence, or judgment necessary to carry into execution the judgment of the court. 10. That Section 6-905 of the Code of 1933, which is: Code 6-905 Amended Exceptions tendered before the final judgment, for the more purpose of being made a part of the record, shall be certified to be true by the judge, and ordered to be placed on the record. Such exceptions shall be tendered during the term. If, however, the court shall adjourn within less than 30 days from the date of the ruling complained of, such bills of exception pendente lite shall be tendered within 60 days from the date of the order, decision, or ruling complained of be amended by striking the last two sentences thereof and substituting: Such exceptions shall be tendered within 20 days from the date of the order, decision or ruling complained of, so that said Section, when so amended, shall read: Exceptions tendered before the final judgment, for the mere purpose of being made a part of the record, shall be certified to be true by the judge and ordered to be placed on the record. Such exceptions shall be tendered within 20 days from the date of the order, decision or ruling complained of. Time of Tender of Exceptions Tendered Before Final Judgment 11. That Section 6-907 of the Code of 1933, which is: All laws having reference to the signing and certifying of bills of exceptions after the expiration of 30 days from the adjournment of the court and the rendition of the decision, and in case of the death of the judge, shall apply, so far as the same will conform, to all bills of exceptions required by law to be signed and certified in 20 days after the rendition

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of the decision. be repealed Code 6-907 Repealed 12. That Section 6-909 of the Code of 1933, which is: If the judge shall determine that the bill of exceptions is not true, or does not contain all the necessary facts, he shall return the same, within 10 days, to the party or his attorney, with his objections to the same in writing. If those objections shall be met and removed, the judge may then certify, specifying in his certificate the cause of the delay. If the judge shall see proper, he may order notice to the opposite party of the fact and time of tendering the exceptions and may hear evidence as to the truth thereof be amended by striking the last sentence and substituting in lieu thereof: The judge shall order notice to the opposite party of the fact and time of tendering the exceptions and may hear evidence as to the truth thereof. The action or non-action of the trial judge as to requiring notice under this Section and Part 7 of this report, which is to be added to the Code as a new Section, shall not be reviewable Code 6-909 Amended so that said Section, when so amended, shall read: If the judge shall determine that the bill of exceptions is not true, or does not contain all the necessary facts, he shall return the same, within 10 days, to the party or his attorney, with his objections to the same in writing. If those objections shall be met and removed, the judge may then certify, specifying in his certificate the cause of the delay. The judge shall order notice to the opposite party of the fact and time of tendering the exceptions and may hear evidence as to the truth thereof. The action or nonaction of the trial judge as to requiring notice under this Section and Part 7 of this report, which is to be added to the Code as a new Section, shall not be reviewable. Approval of Bill of Exceptions Notice to Opposite Party 13. That Section 6-1001 of the Code of 1933, which is: Within 15 days from the date of the certificate of the judge, the bill of exceptions shall be filed in

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the office of the clerk of the court where the case was tried; and in 10 days from the date of such filing, it shall be the duty of the clerk to make out a copy of such bill, together with a complete transcript of the record in such cause. Such transcript, together with the original bill of exceptions, the clerk shall transmit, with a certificate that the same is the true original bill of exceptions and a true and complete transcript of the record in such case, either to the term of the Supreme Court or the Court of Appeals, as the case may be, then in session, unless its docket for such term has been closed, or to the next term of such court as required in the judge's certificate, directing the same to the clerk of the appellate court. The copy bill of exceptions shall be retained in the office of the clerk of the superior or city court as the case may be be amended by adding: The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to the Supreme Court or the Court of Appeals, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to the Supreme Court or the Court of Appeals, so that said Section, when so amended, shall read: Code 6-1001 Amended Within 15 days from the date of the certificate of the judge, the bill of exceptions shall be filed in the office of the clerk of the court where the case was tried; and in 10 days from the date of such filing, it shall be the duty of the clerk to make out a copy of such bill, together with a complete transcript of the record in such cause. Such transcript, together with the original bill of exceptions, the clerk shall transmit, with a certificate that the same is the true original bill of exceptions and a true and complete transcript of the record in such case, either to the term of the Supreme Court or the Court of Appeals, as the case may be, then in session, unless its docket for such term has been closed, or to the next term

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of such court as required in the judge's certificate, directing the same to the clerk of the appellate court. The copy bill of exceptions shall be retained in the office of the clerk of the Superior or city court, as the case may be. The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to the Supreme Court or the Court of Appeals, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to the Supreme Court or the Court of Appeals. Clerk of Trial Court to Retain Exact Duplicate of Transcript of Record 14. That Section 6-1301 of the Code of 1933 which is: No writ of error in a criminal case or in an injunction case or other extraordinary remedy shall be dismissed for the failure of the clerk of the lower court to transmit the proper papers within the 15 days after service of the bill of exceptions, unless such failure is due to the neglect or fault of the plaintiff in error or his counsel. Such cases, when the proper papers are received in the appellate court, shall be heard and determined as though the clerk of the lower court had not failed in the prompt performance of his duty. Nothing in this section shall be construed to excuse the clerk for his omission of duty or to relieve him from any liability consequent thereon be amended by striking the words a criminal case or in an injunction case or other extraordinary remedy and substituting the words any case and by striking the words 15 days after service of the bill of exceptions and substituting the words time allowed by law, so that said Section when so amended, shall read: Code 6-1301 Amended No writ or error in any case shall be dismissed for the failure of the clerk of the lower court to transmit the proper papers within the time allowed by law, unless such failure is due to the neglect or fault of the plaintiff in error or his counsel. Such cases,

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when the proper papers are received in the appellate court, shall be heard and determined as though the clerk of the lower court had not failed in the prompt performance of his duty. Nothing in this section shall be construed to excuse the clerk for his omission of duty or to relieve him from any liability consequent thereon. Provisions Enlarged 15. That Section 8-406 of the Code of 1933, which is: The decision of the judge, granting or refusing an attachment under the provisions of this Chapter, may be excepted to and carried to the Supreme Court, as in applications for injunction be amended by striking the words as in applications for injunction and substituting the words as in other cases, so that said Section, when so amended shall read: Code 8-406 Amended The decision of the judge, granting or refusing an attachment under the provisions of this Chapter, may be excepted to and carried to the Supreme Court, as in other cases. Exceptions in Attachment Cases 16. That Section 22-1305 of the Code of 1933 which is: Code 22-1305 Amended Any party to the aforesaid proceedings for the dissolution of any such corporation, being dissatisfied with the decree of the court aforesaid granting or refusing to grant the dissolution of such corporation, may sue out a bill of exceptions assigning error on such decree, and carry the case to the Supreme Court for review, by fast writ of error as in cases of injunction be amended by striking the words by fast writ of error as in cases of injunction and substituting the words as in other cases, so that said Section when so amended, shall read: Any party to the aforesaid proceedings for the dissolution of any such corporation, being dissatisfied with the decree of the court aforesaid granting or refusing to grant the dissolution of such corporation, may sue out a bill of exceptions assigning error on such decree, and carry the case to the Supreme Court for review, as on other cases. By Fast Writ of Error as in Cases of Injunction Deleted

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17. That Section 24-2715 of the Code of 1933, in subdivision 15 thereof, which is: To make our transcripts of the records of all cases for the Supreme Court and the Court of Appeals, as the laws require be amended by inserting after the words Court of Appeals the words and a duplicate thereof to be numbered in exact accordance with the numbering of the pages of the original transcript of the record transmitted to the Supreme Court and the Court of Appeals, so that said subdivision of said Section, when so amended, shall read: Code 24-2715 Subdivision 15 Amended Provision for Duplicate To make out transcripts of the records of all cases for the Supreme Court and the Court of Appeals, and a duplicate thereof to be numbered in exact accordance with the numbering of the pages of the original transcript of the record transmitted to the Supreme Court and the Court of Appeals, as the laws require. 18. That Section 24-2727 of the Code of 1933, under Civil Cases, the 35th line, which is: Code 24-2727 Amended Recording and copying proceedings in bills of exceptions to the Supreme Court or Court of Appeals, per 100 words..... 15[Prime] be amended by changing the rate to 25c per 100 words so that said line, when so amended, will read: Recording and copying proceedings in bills of exceptions to the Supreme Court or Court of Appeals, per 100 words..... 25[Prime] Also that Section 24-2727 of the Code of 1933, under Criminal Cases, the 3rd line, which is Change in Rate Per 100 Words Transcribing record and evidence in State cases, per 100 words..... 15[Prime] be amended by changing the rate to 25c per 100 words, so that said line, when so amended, will read: Transcribing record and evidence in State cases, per 100 words..... 25[Prime]

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19. That Section 24-3347 of the Code of 1933, which is: In every application for a new trial, a brief of the testimony in the cause be filed by the party applying for such new trial, under the revision and approval of the Court. If, pending the motion, the presiding judge shall die, or a vacancy otherwise occur, then his successor shall hear and determine the motion from the best evidence at his command be amended by inserting after the first sentence thereof: Before presenting a brief of the testimony to the court for approval, the attorney whose duty it is to prepare it shall given written notice to the opposite party or his attorney of record of his intention to present the brief of the testimony to the trial court for approval at a certain time and place. No such brief of the testimony shall be approved by the trial court unless the opposite party or his attorney of record shall have been given such written notice or shall, in writing, have waived such notice, so that said Section, when so amended, will read: Code 24-3347 Amended In every application for new trial, a brief of the testimony in the cause shall be filed by the party applying for such new trial, under the revision and approval of the court. Before presenting a brief of the testimony to the court for approval, the attorney whose duty it is to prepare it shall give written notice to the opposite party or his attorney of record of his intention to present the brief of the testimony to the trial court for approval at a certain time and place. No such brief of the testimony shall be approved by the trial court unless the opposite party or his attorney of record shall have been given such written notice or shall, in writing, have waived such notice. If, pending the motion, the presiding judge shall die, or a vacancy otherwise occur, then his successor shall hear and determine the motion from the best evidence at his command. Written Notice of Time of Presentation of Brief of Evidence to Trial Judge Required 20. That Section 24-3611 of the Code of 1933, which is: The clerk with whom a bill of exceptions is duly

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filed shall, after certifying it under the seal of the court to be the true original bill of exceptions, transmit the same, within the time prescribed by statute, to the clerk of this court, together with a certified transcript of such parts of the record as the judge's certificate to the bill of exceptions may require him to transmit. Neither a party nor his counsel shall be entrusted by any clerk with these documents for transmission, but the exclusive medium of carriage shall be by mail, or express, charges prepaid, unless delivery is made by the clerk, or his deputy, in person. If for any cause a clerk delays transmission beyond the statutory limit, he shall certify to this court on the transcript the true cause of the delay, or be considered as in contempt Code 24-3611 Amended be amended by inserting after the first sentence: The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to this Court, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to this Court so that said Section, when so amended, will read: The clerk with whom a bill of exceptions is duly filed shall, after certifying it under the seal of the court to be the true original bill of exceptions, transmit the same, within the time prescribed by statute, to the clerk of this Court, together with a certified transcript of such parts of the record as the judge's certificate to the bill of exceptions may require him to transmit. The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to this Court, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to this Court. Neither a party nor his counsel shall be intrusted by any clerk with this documents for transmission, but the exclusive medium of carriage

Page 746

shall be by mail or express, charges prepaid, unless delivery is made by the clerk, or his deputy, in person. If for any cause a clerk delays transmission beyond the statutory limit, he shall certify to this Court on the transcript the true cause of the delay, or be considered as in contempt Provision for Retention of Duplicate of Transcript of Record 21. That Section 24-4509 of the Code of 1933, which is: The clerk with whom a bill of exceptions is duly filed shall, after certifying it under the seal of the court to be the true original bill of exceptions, transmit the same, within the time prescribed by statute, to the clerk of this Court, together with a certified transcript of such parts of the record as the judge's certificate to the bill of exceptions may require him to transmit. Neither a party nor his counsel shall be intrusted by any clerk with these documents for transmission, but the exclusive medium of carriage shall be by mail or express, charges prepaid, unless delivery is made by the clerk, or his deputy, in person. If for any cause a clerk delays transmission beyond the statutory limits, he shall certify to this court on the transcript the true cause o fthe delay, or be considered as in contempt be amended by inserting after the first sentence: The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to this Court, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to this court, so that said Section, when so amended, will read: Code 24-4509 Amended Retention of Duplicate of Transcript of Record The clerk with whom a bill of executions is duly filed shall, after certifying it under the seal of the court to be the true original bill of exceptions, transmit the same, within the time prescribed by statute, the clerk of this Court, together with a certified transcript of such parts of the record as the judge's certificates to the bill of exceptions may require him

Page 747

to transmit. The clerk of the trial court shall retain and file in his office an exact duplicate of the transcript of record as transmitted to this Court, certified by him to be such. The pages thereof shall be numbered in exact accordance with the numbering of the pages of the original transcript of record transmitted to this Court. Neither a party nor his counsel shall be intrusted by any clerk with these documents for transmission, but the exclusive medium of carriage shall be by mail or express, charges prepaid, unless delivery is made by the clerk, or his deputy, in person. If for any cause a clerk delays transmission beyond the statory limit, he shall certify to this court on the transcript the true cause of the delay, or be considered as in contempt. 22. That Section 30-214 of the Code of 1933, which is: The judgments of the judges of the superior court in such cases, whether at law or in equity, in term or vacation, or in the progress of the cause, shall be the subject of writ of error and on the same terms as are prescribed in cases of injunctions be amended by striking the words in cases of in-injunctions and substituting the words in other cases, so that said Section, when so amended, will read: Code 30-214 Amended In Cases of Injunction Deleted The judgments of the judges of the superior court in such cases, whether at law or in equity, in term or vacation, or in the progress of the cause, shall be the subject of writ of error and on the same terms as are prescribed in other cases. 23. That Section 50-126 of the Code of 1933, which is: All bills of exceptions in habeas corpus cases shall, as regards the practice of the lower court and in the Supreme Court relating to the time and manner of signing, filing, serving, transmitting, and hearing the same, be governed, in all respects where applicable, by the laws in reference to bills of exceptions in cases of injunction; and it shall be the duty of the Supreme Court to give a speedy hearing and determination in

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such habeas corpus cases, either under exisiting rules or under special rules to be formulated by said court for that purpose; and if the judgment of the court below is affirmed by the Supreme Court, the clerk of the Supreme Court shall promptly transmit the remittitur to the clerk of the court from which the writ of error was taken. Upon the receipt of the same the clerk shall notify the judge of said court, who shall have full power in term or vacation to pass an order, sentence, or judgment, necessary to carry into execution the judgment of the court be amended by striking the words in case of injunction in the first sentence and substituting in other cases, so that said Section, when so amended, will read: Code 50-126 Amended In Cases of Injunction Deleted All bills of exceptions in habeas corpus cases shall, as regards the practice of the lower court and in the Supreme Court relating to the time and manner of signing, filing, serving, transmitting, and eharing the same, be governed, in all respects where applicable, by the laws in reference to bills of exceptions in other cases; and it shall be the duty of the Supreme Court to give a speedy hearing and determination in such habeas corpus cases, either under existing rules or under special rules to be formulated by said court for that purpose; and if the judgment of the court below is affirmed by the Supreme Court, the clerk of the Supreme Court shall promptly transmit the remittitur to the clerk of the court from which the writ of error was taken. Upon the receipt of the same the clerk shall notify the judge of said court, who shall have full power in term or vacation to pass an order, sentence, or judgment necessary to carry into execution the judgment of the court. 24. That Section 64-110 of the Code of 1933, which is: Upon refusal to grant the mandamus nisi, the petitioner may have his bill of exceptions to the Supreme Court, as in cases of the granting and refusing

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of injunctions; and either party dissatisfied with the judgment on the hearing of the answer to the mandamus nisi may likewise file his bill of exceptions be amended by striking the words as is cases of the granting and refusing of injunctions and substituting as in other cases, and by adding at the end thereof: No bill of exceptions as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken to the Supreme Court by bill of exceptions and writ of error until there has been a final judgment in the trial court. The overruling of a general demurrer in any of the above cases shall not be deemed a final judgment subject to review; but the grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases, so that said Section, when so amended, shall read: Code 64-110 Amended As In Cases of the Granting and Refusing of Injunctions Deleted As in Other Cases Substituted Upon refusal to grant the mandamus nisi, the petitioner may have his bill of exceptions to the Supreme Court, as in other cases; and either party dissatisfied with the judgment on the hearing of the answer to the mandamus nisi may likewise file his bill of exceptions. No bill of exceptions as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken to the Supreme Court by bill of exception and writ of error until there has been a final judgment in the trial court. The overruling of a general demurrer in any of the above cases shall not be deemed a final judgment subject to review; but the grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases. 25. That Section 64-206 of the Code of 1933, which is: in all applications for writs of quo warranto, or of informations in the nature of quo warranto, or of proceedings by such writs to determine the right to hold office, where the case presented by the applicant or petitioner shall involve only questions of law,

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the same may be determined as equitable proceedings, by the judge of the superior court, before whom such cases shall be begun, in vacation, and such judge shall, whether such writ, information, or proceeding is prayed for, sued out, or begun in vacation or term time, so order all the proceedings connected with and usual in such cases that the final determination shall be had by him in 10 days from the commencement of such suit, application, or proceeding; and if either party to such application or proceeding shall desire to except to the decision of the said judge of the superior court, he shall, if the Supreme Court of the State be in session, within 10 days after such decision carry the same to said Supreme Court by bill of exceptions, which shall be tendered and signed as is prescribed, in Section 6-903, in cases of applications for and decisions granting or refusing injunctions, said bill of exceptions to be served upon the opposite party in such suit as prescribed in said section; and all the rules and regulations in said section, as to service, and duty of the clerk of the superior court, shall apply to this class of cases. be amended by inserting the word final between the wordsthe and decision in the 12th line of said Section, and by striking the words he shall, if the Supreme Court of the State be in session, within 10 days after such decision carry the same to said Supreme Court by bill of exceptions, which shall be tendered and signed as is prescribed in Section 6-903, in cases of applications for and decisions granting or refusing injunctions, and substituting he shall tender, sign, have certified, filed and served a bill of exceptions as provided in other cases, and the duties of the clerk shall be the same as in other cases, and by striking the words in said Section in the 18th line of said Section and substituting in Section 6-903 as amended herein, so that said Section, when so amended, will read: In all applications for writs of quo warranto or of informations in

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the nature of quo warranto, or of proceedings by such writs to determine the right to hold office, where the care presented by the applicant or petitioner shall involve only questions of law, the same may be determined as equitable proceedings, by the judge of the superior court, before whom such case shall be begun, in vacation, and such judge shall, whether such writ, information, or proceeding is prayed for, sued out or begun in vacation or term time, so order all the proceedings connected with and usual in such cases that the final determination shall be had by him in 10 days from the commencement of such suit, application, or proceeding; and if either party to such application or proceeding shall desire to except to the final decision of the said judge of the superior court, he shall tender, sign, have certified, filed and served a bill of exceptions as provided in other cases, and the duties of the clerk shall be the same as in other cases; said bill of exceptions to be served upon the opposite party in such suit as prescribed in Section 6-903 as amended herein; and all rules and regulations in said section, as to service, and duty of the clerk of the superior court, shall apply to this class of cases. Code 64-206 Amended Deletions and Substitutions 26. That Section 87-304 of the Code of 1933, which is: Within the time prescribed in the order, the judge of said superior court shall proceed to hear and determine all of the questions of law and of fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of the bonds, a judgment and order shall be entered to the effect, and any citizen of this State, resident in such county, municipality or political division, so desiring to issue said bonds, may become a party to said proceedings, and if dissatisfied with the judgment of the court confirming and validating the issuance of the bonds, may except thereto within 20 days from the judgment, as in the case of injunctions, and upon the hearing in the Supreme Court such bill of exceptions shall be heard in

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accordance with the practice regulating the hearing of bills of exceptions in criminal cases Code 87-304 Amended be amended by striking the words as in the case of injunctions, and by striking the balance of the section thereafter appearing, so that said Section, when so amended, will read: Code 87-304 Amended Within the time prescribed in the order, the judge of said superior court shall proceed to hear and determine all of the questions of law and of fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of the bonds, a judgment and order shall be entered to that effect, and any citizen of this State, resident in such county, municipality, or political division, so desiring to issue said bonds, may become a party to said proceedings, and if dissatisfied with the judgment of the court confirming and validating the issuance of the bonds, may except thereto within 20 days from the judgment. Code 87-304 as Amended 27. That 87-405 of the Code of 1933, which is: Within the time prescribed in said order, or such further time as he may fix, the judge of said superior court shall proceed to hear and determine all of the questions of law and fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the validating of said bonds, a judgment and order shall be entered to that effect and any citizen o fthis State, resident in such county or municipality which issued said bonds sought to be validated, may become a party to said proceedings, and any party thereto dissatisfied with the judgment of said court confirming and validating said bonds or refusing to confirm and validate said bonds, may except thereto within 20 days from the date of said judgment as in the case of injunctions, and the hearing in the Supreme Court upon such bill of exceptions shall be in accordance with the practice regulating the hearing of bills of exceptions in criminal cases be amended by striking the words as in the case of

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injunctions, and the hearing in the Supreme Court upon such bill of exceptions shall be in accordance with the practice regulating the hearing of bills of exceptions in criminal cases and substituting as in other cases, so that said Section, when so amended, will read: Code 87-405 Amended Within the time prescribed in said order, or such further time as he may fix, the judge of said superior court shall proceed to hear and determine all of the questions of law and fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the validating of said bonds, a judgment and order shall be entered to that effect, and any citizens of this State, resident in such county or municipality which issued said bonds sought to be validated, may become a party to said proceedings, and any party thereto dissatisfied with the judgment of said court confirming and validating said bonds, or refusing to confirm and validate said bonds, may except thereto within 20 days from the date of said judgment as in other cases. Code 87-405 as Amended 28. That Section 92-6218 of the Code of 1933, which is: If a county claims to be entitled to the return and taxation of any property returned or about to be returned in another county, such county may apply to the superior court of such latter county, in a petition to which the taxpayer and all the counties claiming such taxes shall be made parties, for direction and judgment as to which county is under the law entitled to such return and taxes. If a county claims to be entitled to the return and taxation of any property returned or about to be returned in another county by any person, firm partnership, association or corporation to the Comptroller General, the county disputing and traversing said return may apply to the superior court of the county in which the taxpayer has located the property in the return to the Comptroller General, for direction and judgment as to which county under the law is entitled to such return

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and taxes; and all the counties claiming said taxes, the taxpayer and the Comptroller General shall be made parties in said cause. The proceedings hereunder shall be the same in all respects as in other suits in equity except that such petition shall be for final trial at the first term of the court and shall as in other cases in injunction be review by a fast bill of exceptions to the Supreme Court of Georgia; provided, that this section shall not be construed as affecting the law relative to returns to be made to the Comptroller General otherwise than by providing a venue for determining a dispute on tax rights as herein set forth be amended by striking the words of injunction in lines 17 and 18 of the Code of 1933 and the word fast in line 18 of said code, so that said section, when so amended, will read: Code 92-6218 Amended Code 92-6218 As Amended If a county claims to be entitled to the return and taxation of any property returned or about to be returned in another county, such county may apply to the superior court of such latter county, in a petition to which the taxpayer and all the counties claiming such taxes shall be made parties, for direction and judgment as to which county is under the law entitled to such return and taxes. If a county claims to be entitled to the return and taxation of any property returned or about to be returned in another county by any person, firm, partnership, association or corporation to the Comptroller General, the county disputing and traversing said return may apply to the superior court of the county in which the taxpayer has located the property in the return to the Comptroller General, for direction and judgment as to which county under the law is entitled to such return and taxes; and all the counties claiming said taxes, the taxpayer and the Comptroller General shall be made parties in said cause. The proceedings hereunder shall be the same in all respects as in other suits in equity except that such petition shall be for final trial at the first term of the court and shall as

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in other cases be reviewed by a bill of exceptions to the Supreme Court of Georgia: Provided, that this section shall not be construed as affecting the law relative to returns to be made to the Comptroller General otherwise than by providing a venue for determining a dispute on tax rights as herein set forth. 29. That Section 92-6909 of the Code of 1933 which is: Upon petition by 10 or more freeholders of the county to the judge of the superior court in term time or at chambers, that any one or more members of the board of county tax assessors are disqualified, or are not properly and impartially discharging their duties, or are discriminating in favor of certain citizens or classes of citizens and against others, the said judge shall cite the members so complained of, to appear before him at a time and place in the county to be fixed in said citation, not less than 20 nor more than 40 days from the date of the presentation of said petition, and make answer to said petition. A copy of said petition shall be attached to said citiation and service thereof may be made by any sheriff, deputy sheriff or constable of this State. The officer making the service shall serve copies and return the original petition and citation to the clerk of the court as other process is now returned. At the time and place fixed in said citation, unless postponed for reasonable cause, the judge shall hear and determine the matter without the intervention of a jury and shall render such judgment and order as may be right and proper, either dismissing the petition or removing the offending member or members of said county board of tax assessors from office and declaring a vacancy therein. If either party to the controversy is dissatisfied with said judgment and order, such party may take the same to the Court of Appeals by fast bill of exceptions in the manner provided by Section 6-903 be amended by striking the words by fast bill of exceptions

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in the manner provided by Section 6-903 and substituting by bill of exceptions as in other cases, so that said Section, when so amended, will read: Code 92-6909 Amended Upon petition by 10 or more freeholders of the county to the judge of the superior court in term, time or at chambers, that any one or more members of the board of county tax assessors are disqualified, or are not properly and impartially discharging their duties or are discriminating in favor of certain citizens or classes of citizens and against others, the said judge shall cite the members so complained of, to appear before him at a time and place in the county to be fixed in said citation, not less than 20 nor more than 40 days from the date of the presentation of said petition, and make answer to said petition. A copy of said petition shall be attached to said citation and service thereof may be made by any sheriff, deputy sheriff or constable of this State. The officer making the service shall serve copies and return the original petition and citation to the clerk of the court as other process is now returned. At the time and place fixed in said citation, unless postponed for reasonable cause, the judge shall hear and determine the matter without the intervention of a jury and shall render such judgment and order as may be right and proper, either dismissing the petition or removing the offending member or members of said county board of tax assessors from office and declaring a vacancy therein. If either party to the controversy is dissatisfied with said judgment and order, such party may take the same to the Court of Appeals by bill of exceptions as in other cases. by fast bill of exceptions in the manner provided by Section 6-903 Deleted and by bill of Exceptions as in other cases Substituted 30. That Section 93-416 of the Code of 1933, which is: Code 93-416 Amended Every common carrier, railroad, street railroad, railroad corporation, street railroad corporation, express, telephone, telegraph, dock, wharfage, and terminal company or corporation with the State and other corporations, companies, or persons coming

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under the provisions of this section, and all officers, agents, and employees of the same, shall obey, observe, and comply with every order made by the Public Service Commission under authority of law. Any common carrier, railroad, street railroad, railroad corporation, street railroad corporation, express, telephone, telegraph, dock, wharfage, or terminal company or corporation, cotton compress company within this State, and any other corporation, company, or person coming under the provisions of this section, which shall violate any provision of this section or the Acts heretofore passed, or which fails, omits, or neglects to obey, observe, and comply with any order, direction, or requirement of the Commission heretofore or hereafter passed, shall forfeit to the State a sum of not more than $5,000 for each offense, the amount to be fixed by the presiding judge. Every violation of the provisions of this section or any other section, or of any such order, direction, or requirement of the Public Service Commission shall be a separate and distinct offense, and, in case of a continued violation, every day a violation thereof takes place shall be deemed a separate and distinct offense. An action for the recovery of such penalty may be brought in the county of the principal office of such corporation or company in this state, or in the county of the State where such violation occurs and such wrong is perpetrated, or in any county in this State through which said corporation or company operates, or where the violation consists of an excessive charge for the carriage of freight or passengers, or service rendered, in any county in which said charges are made, or through which it was intended that such passengers or freight should have been carried or through which such corporation operates, and shall be brought in the name of the State by direction of the Governor. Any procedure to enforce such penalty shall be triable at the first term of the court to which it is brought and shall be given precedence over other business by the

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presiding judge, and the court shall not be adjourned until such proceeding is legally continued or disposed of. The decision in such case may be taken to the Court of Appeals as provided in cases of the grant or refusal of injunctions by judges of the superior courts be amended by striking as provided in cases of the grant or grant or refusal of injunctions by judges of the superior courts in the last two lines thereof and substiuting as in other cases, so that said Section, when so amended will read: Every common carrier, railroad, street railroad, railroad corporation, street railroad corporation, express, telephone, telegraph, dock, wharfage, and terminal company or corporation within the State and other corporations, companies or persons coming under the provisions of this section, and all officers, agents, and employees of the same, shall obey, observe, and comply with every order made by the Public Service Commission under authority of law. Any common carrier, railroad, street railroad, railroad corporation, street railroad corporation, express, telephone, telegraph, dock, wharfage, or terminal company or corporation, cotton compress company within this State, and any other corporation, company, or person coming under the provisions of this section, which shall violate any provisions of this section or the Acts heretofore passed, or which fails, omits or neglects to obey, observe, and comply with any order, direction, or requirements of the Commission heretofore or hereafter passed, shall forfeit to the State a sum of not more than $5,000 for each offense, the amount to be fixed by the presiding judge. Every violation of the provisions of this section or any other section, or of any such order, direction, or requirement of the Public Service Commission shall be a separate and distinct offense, and, in case of a continued violation, every day a violation thereof takes place shall be deemed a separte and distinct offense. An action for the recovery of

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such penalty may be brought in the county of the principal office of such corporation or company in this State, or in the county of the State where such violation occurs and such wrong is perpetrated, or in any county in this State through which said corporation or company operates, or where the violation consists of an excessive charge for the carriage of frieght or passangers, or service rendered, in any county in which said charges are made, or through which it was intended that such passengers or freight should have been carried or through which such corporation operates, and shall be brought in the name of the State by direction of the Governor. Any procedure to enforce such penalty shall be triable at the first term of the court to which it is brought and shall be given precedence over other business by the presiding judge, and the court shall not be adjourned until such proceeding is legally continued or disposed of. The decision in such case may be taken to the Court of Appeals as in other cases. Code 93-416 As Amended 31. That Section 6-1501 of the Code of 1933, which is: When the counsel on either side shall apply to the court for an extension of time in argument beyond the time prescribed by the rules, and the said counsel shall state in his place, or on oath, in the discretion of the court, that he or they cannot do the question involved justice within the time prescribed, and that for said purpose it will require additional time, stating how much in his judgment it will so require, the court shall grant the request. be repealed. Code 6-1501 Repealed The Committee from the Bar of this State mentioned in the first paragraph of this report was appointed by an order of this Court dated March 21, 1945 and was composed of the following: Composition of Committee H. W. Nelson, Adel Alapaha Circuit Sam S. Bennet, Albany Albany Circuit Pope F. Brock, Atlanta F. M. Bird, Atlanta Atlanta Circuit D. F. McClatchey, Atlanta

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J. T. Grice, Glennville Atlantic Circuit W. Inman Curry, Augusta Augusta Circuit Jos. B. Cummings, Augusta A. J. Henderson, Canton Blue Ridge Circuit J. H. Hawkins, Marietta Charles L. Gowen, Brunswick Brunswick Circuit Frank D. Foley, Columbus Chattahoochee Circuit Robert M. Arnold, Columbus George W. Williams, Cordele Cordele Circuit E. S. Ault, Cartersville Cherokee Circuit W. S. Allen, Greenville Coweta Circuit R. Earl Camp, Dublin Dublin Circuit T. M. Cunningham, Savannah Eastern Circuit E. H. Abrahams, Savannah G. Ogden Persons, Forsyth Flint Circuit L. P. Goodrich, Griffin Griffin Circuit John B. Harris, Macon Macon Circuit Harry S. Strozier, Macon E. W. Jordan, Sandersville Middle Circuit Joseph G. Collins, Gainesville Northeastern Circuit Raymonde Stapleton, Elberton Northern Circuit Miles W. Lewis, Greensboro Ocmulgee Circuit W. S. Mann, McRae Oconee Circuit Fred T. Lanier, Statesboro Ogeechee Circuit C. W. Worrill, Cuthbert Pataula Circuit Clifford Pratt, Winder Piedmont Circuit Marvin A. Allison, Lawrenceville Dean Owens, Rome Rome Circuit Omer W. Franklin, Valdosta Southern Circuit W. W. Dykes, Americus Southwestern Circuit B. Hugh Burgess, Decatur Stone Mt. Circuit Hal C. Hutchens, Dallas Tallapoosa Circuit W. C. Forehand, Sylvester Tifton Circuit Earle Norman, Washington Toombs Circuit Larry E. Pedrick, Waycross Waycross Circuit Abit Nix, Athens Western Circuit Charles J. Bloch, Macon Ex-officio (The present president of the Georgia Bar Association, as well as all future Presidents, as they are elected shall be ex-officio mmbers.)

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Pending the preparation of this report, E. H. Abrahams, Esquire, of the Eastern Circuit, died and by order of this Court, A. A. Lawrence, Esquire, of the same Circuit, was appointed to succeed him; Sam S. Bennett, Esquire, of the Albany Circuit died, and by order of this court S. P. Cain, Esquire, of the same Circuit, was appointed to succeed him; George W. Williams, Esquire, of the Cordele Circuit removed his residence from that Circuit, resigned from the Committee, and by order of the Court, Harvey L. Jay, Esquire, of the same Circuit was appointed to succeed him. Respectively submitted, CHARLES J. BLOCH (s) Chairman Attest: Mrs. Grant Williams (s) Secretary Filed in Office January 9th, 1946 C. S. C. Ga. Supreme Court of Georgia. Atlanta, Jan. 14, 1946. I hereby certify that the foregoing is a true and correct copy of the Bar Committee Report, as filed in this office on January 9, 1946. K. C. BLECKLEY (s) Clerk, Supreme Court of Georgia Approved February 1, 1946. RULES OF PROCEDURE, PLEADING, AND PRACTICE IN CIVIL ACTIONS No. 87 A RESOLUTION A resolution to ratify and confirm rules of procedure and pleading and practice in civil actions and civil procedings in the courts of this State, as adopted and prescribed by the Supreme Court of Georgia on January 12, 1946, in pursuance of the Act approved February 16, 1945,

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providing therefor (Ga. L. 1945, pp. 145 et seq.); to ratify and confirm the date on which the said rules of practice and procedure shall become effective; and for other purposes. Section 1. Whereas, the General Assembly of Georgia, at its last regular session, enacted an Act entitled: An Act to provide for the making or 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 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, which was approved by the Governor February 16, 1945; and, Whereas, in conformity with the provisions of Section 4 of the Act, the Supreme Court appointed a Committee from the Bar of this State to aid in the preparation of rules falling within the purview of Section 1 of said Act; and, Preamble Whereas, said Committee has filed with the Supreme Court its report, entitled Report No. Two, General Procedure in Trial Courts, recommending rules of procedure and pleading and practice in civil actions and civil proceedings in the courts of this State; and, Whereas, the said Supreme Court by an order dated January 12, 1946, adopted and prescribed the rules as recommended in said Committee's Report No. Two as aforesaid, which report is further identified in the said order of the Supreme Court; a certified copy of the said order of the Supreme Court of January 12, 1946, being hereto attached as Exhibit 2-A, and a certified copy of the said Committee's Report No. Two being hereto attached as Exhibit 2-B, and both of said exhibits being a part of this resolution; and,

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Whereas, the Supreme Court did, in its said order, provide for report of its action to this session of the General Assembly of Georgia, which has been done; now therefore be it Resolved by the House of Representatives, the Senate concurring, that the action of the Supreme Court in adopting and prescribing said rules, and the said rules themselves as thus adopted by the Court, be and the same are hereby ratified and confirmed, and that said rules shall take effect January 1, 1947. Action of Supreme Court Ratified Section 2. Resolved further, that all laws and parts of laws in conflict with this resolution be, and the same are hereby repealed. [Illegible Text] EXHIBIT 2-A SUPREME COURT OF GEORGIA Atlanta, January 12, 1946 The Honorable Supreme Court met pursuant to adjournment. The following order was passed: Whereas, the General Assembly, at its session held in 1945, passed an act entitled 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 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, which act was approved February 16, 1945 (Ga. L. 1945, pp. 145 et seq.), and which provided among other things; Order of Supreme Court 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 annd civil proceedings of all kinds in the Courts

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of this State, and of practice and procedure for appeal for review in all cases, civil, and criminal, to or from any of the Courts of tribunals of this State. Such rules shall not abridge, enlarge, or modify the substantive rights of any litigant. Power of Supreme Court to Prescribe Procedure Section 2. Whenever the Supreme 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 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. Necessity for Ratification Section 4. The Supreme Court shall appoint a committee or committees from the bar of this State to aid in the preparation of rules; and Committee to Be Appointed Whereas this Court did thereafter, in pursuance of said Act, appoint a Committee from the Bar of this State to aid in preparation of rules falling within the purview of section 1; and Whereas, the said Committee has made a report to this Court entitled Report No. Two, General Procedure in Trial Courts, recommending rules of procedure and pleading and practice in civil actions and civil proceedings in the Courts of this State, which Report No. Two is hereby further identified as containing twenty-six numbered parts or paragraphs, and as having been signed by Charles J. Bloch, Chairman, and attested by Mrs. Grant Williams as Secretary and as having been filed in the office of the Clerk of this Court on January 9, 1946; Report of Committee It is hereby ordered that the said report be accepted

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and approved, and that all of the rules of practice and procedure as therein recommended be and the same are adopted and prescribed by this Court in terms of the said act, the same to become effective on January 1, 1947, subject nevertheless to ratification and cofirmation by the General Assembly of Georgia as in said act provided. Report Accepted and Approved Ordered further, that the said rules of practice and procedure as thus adopted and prescribed by this Court be reported to the General Assembly at its session which convenes on Monday, January 14, 1946, for such action as that body may se fit to take with respect to ratifying and confirming the same. To that end, let the Clerk of this Court prepare two certified copies of this order, and of the said Committee's Report No. Two as above described, containing such rules; and thereupon let the Sheriff of this Court deliver one of such certified copies of this order, together with one of said certified copies of the said Committee's Report No. Two, to the President of the Senate, and deliver in like manner one of each of said certified copies to the Speaker of the House of Representatives, for such action as the General Assembly may see fit to take in the premises. Certified Copies to General Assembly SUPREME COURT OF GEORGIA Atlanta, January 14, 1946 I certify that the above is a true copy of an order of the Supreme Court, passed on January 12, 1946. Witness my signature and the seal of this Court hereto affixed the day and year above written. Certificate K. C. BLECKLEY (S). Clerk, Supreme Court. EXHIBIT 2-B REPORT NO. TWO GENERAL PROCEDURE IN TRIAL COURTS TO THE HONORABLE THE SUPREME COURT OF GEORGIA: The Committee from the Bar of this State appointed by your Honor under the provisions of an act of the General

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Assembly approved February 16, 1945, (Ga. Laws 1945, p. 145, et seq.,) to aid in the preparation of rules of procedure and pleading and practice in civil actions and civil proceedings of all kinds in the courts of this State, recommends to the Court the following: Recommendation of Committee 1. That Section 20-506 of the Code of 1933, which is: Obligations to pay attorney's fees upon any note or other evidence of indebtedness, in addition to the rate of interest specified therein, are void, and no court shall enforce such agreement to pay attorney's fees, unless the debtor shall fail to pay such debt on or before the return day of the court to which suit is brought for the collection of the same: Provided, the holder of the obligation sued upon, his agent, or attorney notifies the defendant in writing 10 days before suit is brought, of his intention to bring suit, and also the term of the court to which suit will be brought be amended by striking the words court to which suit is brought for the collection of the same: Provided the holder of the obligation sued upon, his agent, or attorney notifies the defendant in writing, 10 days before suit is brought, of his intention to bring suit, and also the term of the court to which suit will be brought, and substituting: suit which is brought for the collection of the same: Provided, the holder of the obligation sued upon, his agent or attorney notifies the defendant in writing, 10 days before the suit is brought of his intention to bring suit, so that said section, when amended, will read: Code 20-506 Amended Obligations to pay attorney's fees upon any note or other evidence of indebtedness, in addition to the rate of interest specified therein, are void, and no court shall enforce such agreement to pay attorney's fees, unless the debtor shall fail to pay such debt on or before the return day of the suit which is brought for the collection of the same: Provided, the holder of the obligation sued upon, his agent or attorney notifies the defendant in writing 10 days before the suit is brought of his intention to bring suit. Collection of Attorney's Fees

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2. That Section 24-3325 of the Code of 1933, which is: Code 24-3325 Amended All matters appearing on the face of the declaration or process, that would not be good in arrest of judgment (shall be taken advantage of at the first term, and be immediately determined by the court: be amended by striking the words at the first term and be immediately determined by the court and substituting on or before the appearance date of the case, and be immediately determined by the court, so that said Section, when amended, will read: All matters appearing on the face of the declaration or process, that would not be good in arrest of judgment, shall be taken advantage of on or before the appearance date of the case, and be immediately determined by the court. Matters Taken Advantage of on or before Appearance Date 3. That Section 81-111 of the Code of 1933, which is: The original petition shall be deposited in the clerk's office at least 20 days before the term to which it is returnable; and if delivered within the 20 days, the clerk shall make the same returnable to the next term thereafter be repealed, and in lieu thereof there be adopted, prescribed and substituted: Code 81-111 Amended The day on which an original petition is deposited in the clerk's office shall be known as the return day of that petition. The day on which defensive pleadings shall be filed with respect to a petition shall be known as the appearance day of that case. Return Day and Appearance Day 4. That Section 81-112 of the Code of 1933, which is: Code 81-112 Amended The clerk shall indorse upon every petition the date of its filing in office, which shall be considered the time of the commencement of the suit. No petition shall require the sanction of the judge before its filing, unless it shall pray some extraordinary remedy be amended by striking the words unless it shall pray some extraordinary remedy, so that said Section, when amended, will read: The clerk shall indorse upon every petition the

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date of its filing in office, which shall be considered the time of the commence of the suit. No petition shall require the sanction of the judge before its filing. No Sanction Required 5. That Section 81-201 of the Code of 1933, which is: The clerk shall annex to every petition a process (unless the same shall be waived), signed by the clerk or his deputy, and bearing teste in the name of a judge of the court, and directed to the sheriff or his deputy, requiring the appearance of the defendant at the return term of the court by striking the words requiring the appearance of the defendant at the return term of the court and substituting requiring the defendant or defendants to answer the petition within thirty days after the service of the petition and process. If the period of time between the appearance day of a case and the day on which the next regular term of court is scheduled by law to begin is 30 days or more, the case shall be deemed to be returnable to that term. If the period of time between the appearance day of a case and the day on which the next regular term of court is scheduled by law to begin is less than 30 days, the case shall be deemed to be returnable to the next regular term of court thereafter. No petition shall abate for lack of service until so ordered by the court in which it was filed, so that said Section, when amended will read: Code 81-201 Amended The clerk shall annex to every petition a process (unless the same shall be waived), signed by the clerk or his deputy, and bearing teste in the name of a judge of the court, and directed to the sheriff or his deputy, requiring the defendant or defendants to answer the petition within thirty days after the service of the petition and process. If the period of time between the appearance day of a case and the day on which the next regular term of court is scheduled by law to begin is 30 days or more, the case shall be deemed to be returnable to that term. If the period of time between the appearance day of a case

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and the day on which the next regular term of court is scheduled by law to begin is less than 30 days, the case shall be deemed to be returnable to the next regular term of court thereafter. No petition shall abate for lack of service until so ordered by the court in which is was filed. Process to Require Answer Time Returnable No Abatement for Lack of Service Without Order 6. The Section 81-202 of the Code of 1933, which is: Code 81-202 The clerk shall deliver the original petition, with process annexed, together with a copy of the petition and process for each defendant, to the sheriff or his deputy, who shall serve such copy upon each dedenfant residing in the county at least 15 days before the first day of the term and within five days from the time of receiving the same, and make an entry of such service upon the original petition, and return the same to the clerk. Leaving a copy at defendant's residence shall be a sufficient service be amended by inserting the word immediately between the words shall and deliver in the second line of said section, and by striking the words at least 15 days before the first day of the term and within five days from the time of receiving the same, and make an entry of such service upon the original petition and return the same to the clerk and substituting immediately or within five days from the time of receiving it. The officer serving the petition and process shall make an entry of such service upon the original petition and return it to the clerk. The entry of service shall show the date of service. Each copy served on a defendant shall show a date of service signed by the officer serving, so that said section, when amended, will read: The clerk shall immediately deliver the original petition, with process annexed, together with a copy of the petition and process for each defendant, to the sheriff or his deputy, who shall serve such copy upon each defendant residing in the county immediately or within five days from the time of receiving it. The officer serving the petition and process shall make an entry of such service upon the original petition

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and return it to the clerk. The entry of service shall show the date of service. Each copy served on a defendant shall show a date of service signed by the officer serving. Leaving a copy at defendant's residence shall be a sufficient service. Immediate Delivery to Sheriff Date of Service 7. That Section 81-206 of the Code of 1933, which is: Code 81-206 Amended In all cases where the defendant or other party shall reside out of this state, and it shall be necessary to perfect service upon such person by publication, upon the fact being made to appear to the judge of the court in which suit is pending, either in term or vacation, said judge may order service to be perfected by publication in the paper in which sheriff's advertisements are printed, twice a month for two months. Said published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court and term and character of the action, and a notice directed and addressed to the party to be thus served, commanding him to be and appear at the next term of court and shall bear teste in the name of the judge and shall be signed by the clerk of said court be amended by striking the words in all cases and substituting in all actions for divorce and by striking the words or other party and by striking the word person and substituting de fendant, all in the first sentence thereof, so that section, when amended, will read: In all actions for divorce where the defendant shall reside out of this State, and it shall be necessary to perfect service upon such defendant by publication, upon the fact being made to appear to the judge of the court in which suit is pending, either in term or vacation, said judge may order service to be perfected by publication in the paper in which sheriff's advertisements are printed, twice a month for two months. Said published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court and term and character of the action, and a notice directed and addressed to the

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party to be thus served, commanding him to be and appear at the next term of the court, and shall bear teste in the name of the judge and shall be signed by the clerk of said court. Service by Publication in Divorce Cases 8. That Section 81-207 of the Code of 1933, which is: Code 81-207 Amended In all cases where the residence or abiding place of the absent or non-resident party is known the party obtaining the order shall file in the office of the clerk, at least 30 days before the term next after the order for publication, a copy of the newspaper in which said notice is published, with said notice plainly marked; and thereupon it shall be the duty of said clerk at once to inclose, direct, stamp, and mail said paper to said party named in said order, and make an entry of his action on the petition or other writ in said case. When publication is ordered, personal service of a copy of the petition, process and order of publication, out of the state, shall be equivalent to deposit in the post office, when proved to the satisfaction of the judge by affidavit or otherwise be amended by striking the words in all cases and substituting in all actions for divorce in the first line, and by striking the word party and substituting the word defendant in the second line, so that said Section when amended, will read: In all actions for divorce, where the residence or abiding place of the absent or non-resident defendant is known, the party obtaining the order shall file in the office of the clerk, at least 30 days before the term next after the order for publication, a copy of the newspaper in which said notice is published, with said notice plainly marked; and thereupon it shall be the duty of said clerk at once to inclose, direct, stamp and mail said paper to said party named in said order, and make an entry of this action on the petition or other writ in said case. When publication is ordered, personal service of a copy of the petition, process, and order of publication, out of the State, shall be equivalent to deposit in the post office, when proved to the satisfaction of the judge by affidavit

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or otherwise. Copy of Newspaper to Be Filed Effect of Personal Service 9. That there be adopted, prescribed and enacted, to become a part of Chapter 81 of the Code of 1933, and to be construed as immediately following Section 81-207 of said Code, the following: New Code Section Enacted In all cases, other than actions for divorce, where service by publication is permitted under the law and where the defendant or other party shall reside out of this State, and it shall be necessary to perfect service upon such person by publication, upon the fact being made to appear to the judge of the court in which suit is pending, either in term or vacation, said judge may order service to be perfected by publication in the paper in which Sheriff's advertisements are printed, four times within the ensuing 60 days, publications to be at least 7 days apart. Said published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court, the character of the action, the date the action was filed, the date of the order for service by publication, and a notice directed and addressed to the party to be thus served, commanding him to be and appear at the court in which the action is pending within 60 days of the date of the order for service by publication and shall bear teste in the name of the judge, and shall be signed by the clerk of said court. The date upon which the non-resident is called upon to appear shall be the appearance day of the case. Service by Publication in Cases Other Than Divorce 10. That there be adopted, prescribed and enacted to become a part of Chapter 81 of the Code of 1933 and to be construed as immediately following the matter contained in the preceding paragraph of this report, the following: Additional New Code Section In all cases provided for in the foregoing section, where the residence or abiding place of the absent or non-resident is known, the party obtaining the order shall file in the office of the Clerk, within fifteen days after the date of the order for service by

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publication, a copy of the newspaper in which said notice is published, with said notice plainly marked; and thereupon it shall be the duty of said clerk at once to inclose, direct, stamp, and mail said paper to said party named in said order, and make an entry of his action on the petition or other writ in said case. When publication is ordered, personal service of a copy of the petition, process, and order of publication, out of the State, shall be equvalent to deposit in the post office when proved to the satisfaction of the Judge by affidavit or otherwise. Copy of Newspaper to be Filed 11. That Section 81-218 of the Code of 1933, which is: Whenever process is not served the length of time required by law before the appearance term, such service shall be good for the next succeeding term thereafter, which shall be the appearance term. be amended by inserting before the beginning of said Section As to all classes of cases where there is or shall be an appearance term, so that said section, when amended, will read: Code 81-218 As to all classes of cases where there is or shall be an appearance term, whenever process is not served the length of time required by law before the apparance term, such service shall be good for the next succeeding term thereafter, which shall be the appearance term. Procedure in Cases Where There Is Appearance Term 12. That Section 81-301 of the Code of 1933, which is: A defendant may either demur, plead or answer to the petition, or may file one or more or all of these defenses at once without waiving the benefit of either; or he may file two or more pleas to the same action. All demurrers and pleas shall be filed at the first term by striking the last sentence thereof and substituteing: All demurrers and pleas of the defendant shall be filed on or before the time stated in the process as the appearance day. All demurrers of the plaintiff to the defendant's answer or other pleas shall be filed within 15 days after such defensive pleadings

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are filed, so that said Section, when amended, will read: Code 81-301 Amended Demurrers to Be Filed on or Before Appearance Day A defendant may either demur, plead or answer to the petition, or may file one or more or all of these defenses at once without waiving the benefit of either; or he may file two or more pleas to the same action. All demurrers and pleas of the defendant shall be filed in or before the time stated in the process as the appearance day. All demurrers of the plaintiff to the defendant's answer or other pleas shall be filed within 15 days after such defensive pleadings are filed. Demurrers of Plaintiff Within 15 Days After Defensive Pleading 13. That Section 81-305 of the Code of 1933, which is: In all cases where the defendant has been served with petition and process, he shall appear at the court to which such process is made returnable, and make his defense in writing, signed by himself or counsel, in which he shall plainly, fully, and distinctly set forth his defense. Such plea or answer may contain as many several matters as the defendant may think necessary for his defense be amended by striking the words he shall appear at the court to which such process is made returnable, and make and substituting he shall file with the clerk of the court in which the suit is pending, and within the time required by such process, so that said Section when amended, will read: Code 81-305 Amended In all cases where the defendant has been served with petition and process, he shall file with the clerk of the court in which the suit is pending, and within the time required by such process, his defense in writing, signed by himself or counsel, in which he shall plainly, fully, and distinctly set forth his defense. Such plea or answer may contain as many several matters as the defendant may think necessary for his defnese. Defendant to File Pleadings 14. That Section 81-403 of the Code of 1933, which is: No dilatory plea shall be received or admitted unless an affidavit shall be made to the truth thereof,

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and shall be filed at the first term be repealed and in lieu thereof there be adopted, prescribed, and substituted: Code 81-403 Repealed No dilatory plea shall be received or admitted unless an affidavit shall be made to the truth thereof. All dilatory pleas must be filed on or before the time stated in the process as the appearance day. Dilatory Pleas 15. That Section 81-1001 of the Code of 1933, which is: The judge at each regular term of the superior court shall call all cases on the appearance docket, and hear and decide all objections made to the sufficiency of petitions and pleas, and may by order dismiss plaintiff's petition or strike defendant's plea for noncompliance with the requirements of law, unless the defect shall be cured by amendment; the court may on good cause shown allow a reasonable time in his discretion for making and filing such amendment be repealed and in lieu thereof there be adopted, prescribed, and substituted: Code 81-1001 Repealed The judge at any time in vacation after the appearance day of a case shall, upon request of counsel for either party, hear and decide all objections made to the sufficiency of the petition and pleas and may, by order, dismiss plaintiff's petition or strike defendant's plea for noncompliance with the requirements of the law, unless the defect shall be cured by amendment. The court may, on good cause shown, allow a reasonable time in his discretion for making and filing such amendment. Such hearing may be had at any place in the circuit after due notice to attorneys for the parties. Hearing on Sufficiency of Pleadings at Vacation Notice 16. That Section 81-1002 of the Code of 1933, which is: In all cases demurrer, pleas and answer shall be disposed of in the order named, and all demurrers and pleas shall be determined at the first term unless continued by the court or by consent of parties. In equity causes, however, where extraordinary relief is sought, the trial court may hear, pass upon and

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determine all demurrers in such causes at any interlocutory hearing before the appearance or first term be amended by inserting immediately after the words first term in the first sentence unless previously disposed of in accordance with Section 81-1001, or, and by striking the last sentence, so that said Section, when amended, will read: Code 81-1002 Amended Order of Hearing Defenses In all cases demurrer, pleas and answer shall be disposed of in the order named, and all demurrers and pleas shall be determined at the first term, unless previously disposed of in accordance with Section 81-1001, or unless continued by the court or by consent of parties. 17. That Section One of the Act of the General Assembly approved March 28, 1935, entitled, Sec. 1, Act March 28, 1935 Stricken An Act to regulate procedure in the courts of this State by providing for the trial of all cases at the first or appearance term where the parties consent thereto; by ratifying and confirming all verdicts and judgments rendered in divorce cases heretofore tried and rendered by parties at the first or appearance term of any court; providing a period of limitation within which the defendant in any divorce case tried at the first or appearance term shall move to set aside the verdict or judgment therein rendered; and for other purposes, which Section One is: That all cases, whether at law or in equity, in the Courts of this State may be tried at the first or appearance term, provided the same is ready for trial, upon the consent of the parties thereto, which consent shall be entered upon the docket of the court be stricken, and in lieu thereof there be adopted, prescribed and substituted: Any action for divorce in the courts of this State may be tried at the first or appearance term, provided it is ready for trial, upon the consent of the parties thereto, which consent shall be entered upon the docket of the court. All other cases, whether at law or in equity in the courts of this State, shall be

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in order for trial at the term to which they are returnable. Divorce Cases Tried At Appearance Term by Censent Other Cases Tried at Term to Which Returnable 18. That Section 110-401 of the Code of 1933, which is: In all cases, the judge at each term shall call the appearance docket upon some day previously fixed or on the last day of the term, and upon such call all cases in which the defendant has not filed a demurrer, plea, answer, or other defense shall be marked `in default' on the docket. Such entry on the docket shall be considered a judgment by default, without a formal entry thereof, and the plaintiff's claim, allegation, or demand shall be tried in all cases of default by a jury, except as provided elsewhere in this Code; but no such trial shall in any case be had at the first term, unless specially provided for by law be repealed, and in lieu thereof there be adopted and prescribed: Code 110-401 Repealed If any case is not answered or or before its appearance day, such case shall automatically become in default unless the time has been extended as provided by law. The default may be opened as a matter of right by the filing of such defenses within 15 days after the appearance day, upon the payment of costs. If the case is still in default, the plaintiff, at any time on or after the first day of the term to which the case is returnable, shall be entitled to verdict and judgment by default as if every item and paragraph of the petition were supported by proper evidence, and his claim, allegation or demand may at any time thereafter be tried without the intervention of a jury unless the suit is one for unliquidated damages, whether ex contractu or ex delicto, in either of which events the plaintiff shall be required to introduce evidence and establish the amount of damages before a jury, and the defendant may contest the amount of such damages before a jury, with the right to move for a new trial in respect to such damages, and also to except as in other cases. Such trial may in any case be held at any time on or after the first day of such term. Unanswered Cases Automatically in Default Plaintiff Entitled to Verdict

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19. That Section 110-402 of the Code of 1933, which is: At any time within 30 days after the entry of `default', the defendant, upon payment of all costs which shall have accrued, shall be allowed to open the default and file his defense by demurrer, plea, or answer be repealed. Code 110-402 Repealed 20. That Section 110-403 of the Code of 1933, which is: If the default is not opened as provided in the preceding section, the plaintiff shall be entitled, at the trial term, to take a verdict or judgment as the case may require. In all cases, except actions for unliquidated damages and suits on unconditional contracts in writing, the plaintiff shall be permitted to take a verdict as if every item and paragraph of the petition were supported by proper evidence, be repealed. Code 110-403 Repealed 21. That Section 110-404 of the Code of 1933, which is: At the trial term the judge, in his discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of a plea, or for excusable neglect, of where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to be fixed by the court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and announce ready to proceed with the trial. be amended by striking the opening words, At the trial term and substituting At any time before final judgment, so that said Section when amended, will read: Code 110-404 Amended At any time before final judgment, the judge, in his discretion, upon payment of costs, may allow the default to be opened for providenntial cause preventing the filing of a plea, or for excusable neglect, or where the judge, from all the facts, shall determine be opened, on terms to be fixed by the court. In order

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that a proper case has been made for the default to to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and announce ready to proceed with the trial. Discretion of Judge to Open Default 22. That Section 110-405 of the Code of 1933, which is: In all cases where the damages are not liquidated and a judgment by default is entered, the plaintiff shall be required to introduce evidence and establish the amount of damages. The defendant may contest the amount of such damages before the jury with a right to move for a new trial in respect to such damages and to except as in other cases. be repealed. Code 110-405 Repealed 23. That Section 110-406 of the Code of 1933, which is: The court shall render judgment without the verdict of a jury in all civil cases founded on unconditional contracts in writing, where an issuable defense is not filed under oath or affirmation at the first term be repealed, and in lieu thereof there be adopted, prescribed and substituted: Code 110-406 Amended The court, at the term at which the case is returnable, shall render judgment without the verdict of a jury in all civil cases founded on unconditional contracts in writing where an issuable defense is not filed under oath or affirmation on or before the appearance day as to such case, and where the case is still in default. Judgment on Unconditional Contract in Writing 24. That there be adopted, prescribed and enacted, the following: Nothing in this section of these rules shall repeal or affect the mode of any special statutory proceeding, such as the foreclosure of liens and mortgages, proceedings to eject tenants and intruders, claims and illegalities, mandamus, quo warranto, prohibition, habeas corpus, establishment of lost papers, petitions to the judge of the superior court at chambers, nor other special proceedings of like nature,

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nor the fictitious forms of pleading in ejectments, nor change the existing law or procedure as to alimony or divorce cases. Special Statutory Proceedings Not Affected 25. That there be adopted, prescribed and enacted the following: The provisions of this section of these rules shall apply to all suits in the superior courts of this State except those proceedings specifically excepted in Paragraph 24 hereof, and shall also apply to all matters pertaining to service, pleading and practice in cases in city courts where not inconsistent with the acts creating such city courts or acts amendatory thereof. To Apply in All Other Proceedings 26. That Section 61-114 of the Code of 1933, which is: All contracts for rent shall bear interest from the time the rent is due, and judgments upon suits for rent may be rendered at the first term. be amended by striking the words and judgments upon suits for rent may be rendered at the first term, so that said Section, when amended, will read: Code 61-114 Amended All contracts for rent shall bear interest from the time the rent is due. The Committee from the Bar of this State mentioned in the first paragraph of this report was appointed by an order of this Court dated March 21, 1945 and was composed of the following: H. W. Nelson, Adel Alapaha Circuit Sam S. Bennet, Albany Albany Circuit Pope F. Brock, Atlanta F. M. Bird, Atlanta Atlanta Circuit D. F. McClatchey, Atlanta J. T. Grice, Glennville Atlantic Circuit Personel of Committee W. Inman Curry, Augusta Augusta Circuit Jos. B. Cumming, Augusta A. J. Henderson, Canton J. H. Hawkins, Marietta Blue Ridge Circuit Charles L. Gowen, Brunswick Brunswick Circuit Frank D. Foley, Columbus Robt. M. Arnold, Columbus Chattahooche Circuit

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E. S. Ault, Cartersville Cherokee Circuit George W. Williams, Cordele Cordele Circuit W. S. Allen, Greenville Coweta Circuit R. Earl Camp, Dublin Dublin Circuit T. M. Cunningham, Savannah E. H. Abrahams, Savannah Eastern Circuit G. Ogden Persons, Forsythe Flint Circuit L. P. Goodrich, Griffin Griffin Circuit John B. Harris, Macon Harry S. Strozier, Macon Macon Circuit E. W. Jordan, Sandersville Middle Circuit Joseph G. Collins, Gainesville Northeastern Circuit Raymonde Stapleton, Elberton Northern Circuit Miles W. Lewis, Greensboro Ocmulgee Circuit W. S. Mann, McRae Oconee Circuit Fred T. Lanier, Statesboro Ogeechee Circuit C. W. Worrill, Cuthbert Pataula Circuit Clifford Pratt, Winder Marvin A. Allison, Lawrenceville Piedmont Circuit Dean Owens, Rome Rome Circuit Omer W. Franklin, Valdosta Southern Circuit W. W. Dykes, Americus Southwestern Circuit B. Hugh Burgess, Decatur Stone Mountain Circuit Hal C. Hutchens, Dallas Tallapoosa Circuit W. C. Forehand,Sylvester Tifton Circuit Earle Norman, Washington Toombs Circuit Larry E. Pedrick, Waycross Waycross Circuit Abit Nix, Athens Western Circuit Charles J. Bloch, Macon Ex-offcio (The present President of the Georgia Bar Association, as well as all future Presidents, as they are elected, shall be ex-officio members.) Pending the preparation of this report, E. H. Abrahams, Esquire, of the Eastern Circuit, died, and by order of this Court, A. A. Lawrence, Esquire, of the same circuit, was appointed to succeed him; Sam S. Bennet, Esquire, of the Albany Circuit, died, and by order of this court, S. P. Cain, Esquire, of the same Circuit was appointed to succeed him; George W. Williams, Esquire, of the Cordele Circuit removed his residence from this Circuit, resigned from

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the Committee, and by order of the Court, Harvey L. Jay, Esquire, of the same Circuit was appointed to succeed him. Respectfully submitted, CHARLES J. BLOCH Chairman Attest: Mrs. Grant Williams, Secretary. Filed in Office Jan. 9, 1946 K. C. Bleckley, C. S. C. Ga. SUPREME COURT OF GEORGIA Atlanta, Jan. 14, 1946. I hereby certify the foregoing is a true and correct copy of the Bar Committee Report, as filed in this office on January 9, 1946. Certificate K. C. BLECKLEY Clerk, Supreme Court of Georgia. (Seal) Approved February 1, 1946. STATE BOARD OF PUBLIC WELFARE No. 77 A Resolution: Proposing to the Qualified voters of the State of Georgia an amendment to the Constitution of this State to be known as Article 17, and providing for the creation of a State Board of Public Welfare; defining the authority and duties of said Board; providing for the appointment and term of office of said members; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Constitution of this State be, and the same is hereby amended by adding thereto a new article to be known as Article 17, the same reading as follows: Constitutional Amendment Proposed Article 17. There is hereby created a State Board of

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Public Welfare consisting of twelve members who shall be appointed by the Governor. One member shall be appointed from each Congressional District and two from the State at Large. The State Board of Public Welfare shall have the authority and responsibility of the State Board of Social Security as now exists under the laws of this State, or which may be hereafter enacted and prescribed by law. The State Board of Public Welfare shall elect a Director whose term of office, compensation, duties and responsibilities shall remain as now fixed by law. The first three members of the Board shall be appointed for four years, the second three for five years, the third three for six years, the fourth three for seven years. All subsequent appointments shall be for a period of seven years, except unexpired terms to be designated by the Governor. State Board of Public Welfare Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two houses in the General Assembly, the same shall be entered upon their Journals with the yeas and nays taken thereon, and shall be published and submitted to the people for ratification or rejection at the next general election, at which election members of the General Assembly are chosen. Procedure for Adoption Section 3. To repeal all laws or parts of laws in conflict herewith. Approved January 31, 1946. STATE VETERANS' MEMORIAL PARK No. 74 A RESOLUTION Whereas, the State of Georgia is deeply grateful for the unselfish service and sacrifice of all Veterans of Georgia, and Whereas, the State desires to commemorate such devotion to duty by the creation of a lasting and useful memorial, and Preamble

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Whereas, the State of Georgia has a system of State Parks to provide recreational facilities for its citizens; Therefore, be it resolved by the House of Representatives, the Senate concurring, that the Director of the Department of State Parks, Historic Sites and Monuments be directed to acquire by any method authorized by the laws of this State a tract of land suitable for use by the State as a State Veterans Memorial Park, which will commemorate forever the heroic service, sacrifice and devotion to duty of the Georgia Veterans, We recommend that such State Veterans Memorial Park be operated for the use and enjoyment of the Veterans of Georgia and other citizens of the State under rules and regulations prescribed by the Director of State Parks, Historic Sites and Monuments, with the counsel and advice of the War Veterans Memorial Building Commission, and that said States Veterans Memorial Park be improved by the Department of State Parks, Historic Sites and Monuments from funds available and to become available, so as to provide proper facilities for the most advantageous use by the Veterans and other Citizens of the State. Acquisition of Land Approved January 31, 1946. TRADE OF CERTAIN LANDS No. 68 A RESOLUTION Authorizing the Governor, acting for and on behalf of the State of Georgia, to trade certain land owned by the State for 121 1-2 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 121 1-2 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:

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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, also Preamble Tract 2. All of that tract of parcel of land lying and being in Dade County Georgia and in the 11th District and 4th Section, and being described as fifty acres more or less lying on the East side of said lot No. 68, beginning at the southeast corner of said lot and running West on South boundary line 54 rods;thence North across said lot to the North boundary line; thence East to the Northeast corner of said lot; thence South on the East boundary line to the beginning corner, excepting however from this boundary about 4 acres known as the W. D. Bradford house and lot and orchard. Being the same property conveyed to Max Zugar by S. H. Wellborn by deed dated August 26, 1920, and of record in the office of the Clerk of the Superior Court of Dade County Georgia, in deed book U page 181, reference to which is hereby made for further description. Description of Land to Be Acquired Less: Beginning at the Southeast corner of lot of land No. 68 in the 11th district and 4th section of Dade County, Georgia, and running North on the original East boundary line of said lot to the Northeast corner of said lot; thence West on the original North boundary line of said lot to the center of the Scenic Highway; thence South and with the center and meanderings of the Scenic Highway a distance of about 1110 feet to an Iron stob; thence East a distant of about 128 feet to an Iron stob; thence due South and parallel with the East boundary line a distance of 254 feet to an Iron stob; thence a little West of South a distance of 996 feet to an Iron stob; thence due South and and parallel with the East boundary line of said lot a distance of 280 feet to the original South boundary line of said lot; thence East on the South boundary line of said lot a distance of 525 feet to the Southeast corner of said lot, it being the starting point, said tract herein described containing

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about 28 acres more or less and being a fraction of lot of land No. 68 in the 11th district and 4th section of Dade County, Georgia, reserving however, from this deed the mineral interest and mining privileges, it having heretofore been sold, said 28 acres last described above having heretofore been conveyed by J. V. Moore to W. T. McCauley by deed dated January 23, 1933, and recorded in the office of the Clerk of the Superior Court of Dade County in deed book No. 2 page 432. Less also: The one-half acre tract in the Northwest corner of said tract heretofore deeded by J. V. Moore to Mrs. A. E. Moore by deed recorded in the office of the Clerk of Superior Court of Dade County, Georgia, in deed book 27 page 538. 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, 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: All of Lot 114, Eleventh District, fourth section, of Dade County, Georgia, containing 160 acres, more or less, except a 10-acre portion thereof conveyed by the United States of America to the New Salem School District of Dade County, Georgia, by quitclaim deed dated January 24, 1940, and recorded March 15, 1940, in Deed Book No. 27, page 316, in the records of the Clerk of the Superior Court of Dade County, Georgia, and described in said deed as follows: Description of Land to Be Traded 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') 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)

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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 121 1-2 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 on even exchange and the State shall not pay anything in addition thereto. Be it further resolved that the Governor of Georgia, upon the recommendation of the Director of State Parks, Historic Sites and Monuments, may dispose of the 21 1-2 acres referred to as Tract No. 2 of the land received by the State from J. V. Moore. Governor Authorized to Make Agreement Approved January 30, 1946. USES OF SURPLUS FUNDS No. 66 A RESOLUTION Whereas Because of present day conditions the strengthening of the revenue collecting machinery and changes in service charges, it now appears that the financial structure of the State of Georgia will be greatly improved, and Wheras, It is now anticipated that the income of the State will be in excess of the normal operating needs of the State on the present basis of operations, and Preamble Whereas, It is the desire of the House of Representatives, the Senate concurring, that surplus funds which are realized, be made available to the agencies which can perform the most useful services to the people of the State, therefore be it

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Resolved, By the House of Repreesntatives, the Senate concurring, That the Budget Bureau by authorized to transfer additional allotments, or so much thereof as may be necessary from the funds as they become available in the Surplus Account in the State Treasury to the credit of the following accounts in the State Treasury to be withdrawn only on approved budgets as now required by the Constitution and laws of this State for the purposes enumerated and for these purposes only. Authorization of Budget Bureau to Transfer Funds HIGHWAY, DEPARTMENT OF AFor the purpose of providing State funds to match Federal Highway Funds available for a construction program of approximately 80 million dollars over the next three years. $5,790,512.50 for period ending June 30, 1946 and $11,581,025.00 for each fiscal year thereafter. BOf the amount herein appropriated a sum equal to that which is nor or may hereafter be appropriated to the State of Georgia by the Federal Government for the construction of secondary highways, farm to market roads, rural post roads, and school bus routes, is specifically appropriated to match Federal funds for said purposes. The total amount of Federal funds so allocated and State funds herein appropriated to match the Federal appropriation shall be used as follows: To Highway Dept. Two-thirds of the total amount for the construction of rural post roads and farm to market roads as defined in the Act of the General Assembly approved March 18, 1937 (Georgia Laws 1937, Pages 912-918), said funds to be distributed and used as provided in said Act. One-third of the total amount so designated to be used for the construction of secondary roads now on the State Highway System. EDUCATION, DEPARTMENT OF AFor the purpose of providing State Funds to pay the school teachers of this State an additional month's salary, same being August 1946 and for each August thereafter, the sum of $1,500,000.00. To Dept. of Education

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BFor the purpose of providing additional funds to supply library and text books to the school children of our State and to make the annual allotment for this purpose aggregate $1,000,000.00, the additional sum of $600,000.00 for each fiscal year. CThe sum of $100,000.00 in addition to the regular operation is hereby appropriated and allocated to the State Board of Education, to be used for building purposes at the North Georgia Vocational School. HEALTH, DEPARTMENT OF AFor the purpose of providing additional funds to enable the Department of Public Health to cooperate with each county of the State that desires to establish health facilities under the Ellis Health Law, to allow the Department to establish a corps of trained personnel to cooperate with the county health departments on the eradication of harmful diseases and to provide for a training program for health employees, $1,500,000.00 each fiscal years. To Dept. of Health BFor the purpose of expanding the facilities of the present Tuberculosis Hospital or to utilize and operate any hospital that may be obtained by the State Department of Health for the treatment of Tuberculosis in this state, $1,000,000.00 for each fiscal year. INSTITUTIONS AFor the purpose of providing additional funds to the State Institutions as requested on budgets if approved by the Budget Bureau for the expansion of facilities, employment of trained personnel, providing additional clothing and dietary need of the patients and inmates and for general maintenance of the institutions and for the general welfare of the patients and inmates, $1,500,000.00 each fiscal year. To Certain Institutions BFor the purpose of establishing a permanent annual improvement fund for the State Colleges and Institutions to meet the building needs as requested on budgets which are approved by the Budget Bureau as being essential to

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the proper housing and care of students, patients, and inmates of the Colleges or Institutions, $2,000,000.00 each fiscal year. PUBLIC WELFARE, DEPARTMENT OF AFor the purpose of providing additional funds to match Federal funds available to increase the aid to the aged, blind, dependent and crippled children and for other benefit purposes, $1,000,000.00 each fiscal year. To Dept. of Public Welfare Approved January 28, 1946. (NOTE) By Governor: That item in House Resolution No. 146 relating to the Department of Highway Section B which is a new paragraph in the form of an amendment to the original resolution be and the same is hereby approved provided, however, the said Section B in the form of an amendment shall apply as an average for the three years for which Federal funds have been provided under Public Law 521 78th Congress, Chapter 626, Second Session. That item in House Resolution No. 146 relating to the Department of Education Section C which is a new paragraph in the form of an amendment to the original resolution be and the same is hereby approved provided, however, that the sum of $100,000.00 is not to be appropriated or allotted to the State Board of Education to be used for building purposes exclusively at the North Georgia Vocational School but the said amount of funds may be expended at the North Georgia Vocational School or a Central Georgia Vocational School or a South Georgia Vocational School. Approved ELLIS ARNALL Governor This 28th day of January, 1946.

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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 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 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, Bainbridge. 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 HON. 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.

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ATLANTIC CIRCUIT HON. MELVILLE PRICE, Judge, Ludowici. R. L. DAWSON, Solicitor-General, Glennville. 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. 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.

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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. 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.

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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 February, May, August, 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.

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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. 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.

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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. 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.

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StephensSecond Monday 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.

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OCONEE CIRCUIT HON. ESCHOL GRAHAM, Judge, McRae. M. H. BOYER, Solicitor-General, Hawkinsville. BleckleyFirst Monday in March and second Mondays in July and November. DodgeThird and fourth Mondays in May and November. MontgomeryFirst Mondays in February, May, August, and November. PulaskiSecond and third Mondays in March and September, and second Mondays in June and December. TelfairFourth Mondays in February and June, and third and fourth Mondays in October. TreutlenThird Mondays in February and August. WheelerSecond Mondays in February and October, and third Monday in June. OGEECHEE CIRCUIT HON. J. L. RENFROE, Judge, Statesboro. FRED T. LANIER, Solicitor-General, Statesboro. BullochFourth Mondays in January, April, July and October. EffinghamThird Mondays in April and October. JenkinsSecond Monday 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. SeminoleSecond Mondays in January and July. TerrellFirst Mondays in June and December.

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PIEDMONT CIRCUIT HON. CLIFFORD PRATT, Judge, Winder. HOPE D. STARK, Solicitor-General, Lawrenceville. BanksThird Monday in March, and second Monday in November. BarrowThird and fourth Mondays in February 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. 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.

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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 Monday in February, May, August, and November. DeKalbFirst Mondays in March, June, September and December. NewtonFirst Monday in January, and third Mondays in March, July and September. RockdaleThird Monday in January, and first Mondays in April, July and October. TALLAPOOSA CIRCUIT HON. W. W. MUNDY, Judge, Cedartown. HAL C. HUTCHENS, Solicitor-General, Dallas. DouglasThird Mondays in March and September. HaralsonThird Mondays in January and July. PauldingSecond Monday in February, and first Mondays in May, August and November. PolkFourth Mondays in February and August. TIFTON CIRCUIT HON. R. EVE, Judge, Tifton. W. C. FOREHAND, Solicitor-General, Sylvester. 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.

Page 802

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.

Page 803

INDEX A ABANDONMENT OF CHILD Act Amended 63 ACTIONS Rules of Procedure, Pleading, and Practice in Civil 760 ADAIRSVILLE Bond Issue Election 308 Charter Amendment 311 AIRPORTS Zoning Act 121 ALLOTMENTS State Ports Authority 696 AMERICUS Charter Amendment 312 ANNEXATION Territory by Municipalities 130 APPEARANCE TERM Trial at in Divorce Cases 776 APPELLATE PROCEDURE Rules Promulgated 726

Page 804

APPROPRIATIONS Acts Tabulated 4 Armories for National Guard 5 Franklin D. Roosevelt Memorial Commission 6 General Act Amended 8 Matching Federal Payment on Infected Animals 7 Mileage for Members of General Assembly 9 ARMED FORCES Abatement of Income Tax upon Death 11 Income Tax for Those Serving in 16 ARMORIES Appropriation for 5 ATHENS Charter Amendment 313 Public Schools 315 ATKINSON COUNTY Commissioners 236 ATLANTA Airport Regulations 317 Charter Amendments 321 , 325 , 327 ATLANTIC JUDICIAL CIRCUIT Supplemental Salary for Judge and Solicitor General 276

Page 805

AUDITOR Allowance for 697 AUGUSTA Charter Amendments 328 , 336 , 337 B BAILIFFS Compensation of 72 Salaries of in Certain Counties 233 BANKS Holding of Securities 65 BARNESVILLE Charter Amendment 339 BATTEY GENERAL HOSPITAL Acquisition by State 704 BELL, LIEUTENANT VEREEN Memorial 718 BIBB COUNTY Pensions 237 BLAIRSVILLE Charter Amendment 340 BOARD OF CORRECTIONS Created 46

Page 806

BOARD OF WELFARE Resolution Concerning 782 BOND ELECTIONS Notice of 80 BONDS School Bonds in Certain Counties 168 BOYS' ESTATE Deed to 709 BRUNSWICK Charter Amendment 406 BRUNSWICK CITY COURT Act Amended 283 BUTTS COUNTY Commissioners 239 C CEDARTOWN Charter Amendment 413 CHAMBLEE Charter Amendments 420 , 422 CHILDREN Abandonment of Child 63 Child Labor Regulation 67

Page 807

CITY, COUNTY, AND MUNICIPAL COURTS See Individual Cities Acts Tabulated 283 CIVIL ACTIONS Rules of Precedure, Pleading and Practice in 761 CIVIL COURT OF FULTON COUNTY Act Amended 287 Retirement of Judges 299 CIVIL SERVICE Boards in Certain Cities 131 CLAY COUNTY Tax Commissioners 241 CLINCH COUNTY COURT Solicitor 304 CODE AMENDMENTS AND REPEALS Acts Tabulated 63 COLLEGE PARK Charter Amendments 432 , 454 COLQUITT Charter Amendment 463 COLUMBUS Charter Amendments 465 , 467 , 469 , 471 , 475

Page 808

COMMITTEES Reports of Senate-House on Institutions 725 COMPENSATION Authority of Governor to Fix for Certain Department Heads 27 Jurors and Court Bailiffs 72 Workmens Compensation Board 28 CONFEDERATE VETERANS Provision for Widows 84 CONSENT Trial of Divorce Cases at Appearance Term 776 CORONERS Secretary of Coroner's Jury in Certain Counties 169 CORPORATIONS Foreign Corporations 687 Fraternal Benefit Societies Converted 690 CORRECTIONS State Board of 46 COTTON Protest of Price Ceiling 721

Page 809

COUNTIES Boards of Education 206 Purposes of Taxation in 87 Recreational Centers 132 Recreational Facilities in 152 COUNTIES AND COUNTY MATTERS See Individual Counties Acts Tabulated 236 COURTS OF APPEALS Law Assistants in 77 Personnel 791 COURT REPORTERS Salary of in Griffin Judicial Circuit 95 COURTS See Supreme Court, Court of Appeals, etc. Acts Tabulated 222 CRIMINAL COURT OF FULTON COUNTY Retirement of Judges and Solicitors 299 CRIMINAL PROCEDURE Plea of Nolo Contendere 142 D DALTON Charter Amendment 477

Page 810

DARIEN Charter Amendment 477 DAWSON Charter Amendment 482 DEARING Water Works 483 DECATUR Charter Amendments 485 , 487 , 489 DEPARTMENT HEADS Authority of Governor to Fix Compensation in Certain Instances 27 DIVORCE Fees of Clerks and Sheriffs in Certain Counties 224 Revision of Laws Affecting 90 Service by Publication 770 Trial at Appearance Term 776 DRUGS Purchase by Poultry Dealers 135 DUBLIN CIRCUIT Salary of Solicitor General 277 DUBLIN CITY COURT Judge's Salary 284

Page 811

E EAST POINT Charter Amendment 491 EDUCATION See Schools Acts Tabulated 206 Committee from General Assembly 713 County Boards of 206 Georgia Military College, Local Board of Trustees 217 Regents of University System 218 Schools, Operation on 24 Hour Basis in Certain Municipalities 219 ELECTIONS Election Forms 75 Notice of Bond Elections 80 Qualification of Voters 42 Voting Machines in Certain Counties 174 EXEMPTIONS From Taxation 12 F FEDERAL FUNDS Expenditure of by Department of Forestry 28

Page 812

FEES Clerks and Sheriffs in Divorce Cases in Certain Counties 224 Superior Court Clerks 225 FINES Disposition of in Certain Counties 134 Funds Received from in Certain Counties 226 FIRE DEPARTMENTS Pensions in Certain Cities 136 FIRE PREVENTION In Certain Counties 138 FIRE WORKS License for Distribution in Certain Counties 139 FITZGERALD Charter Amendment 498 FLOYD COUNTY CITY COURT Act Amended 294 FORESTRY DEPARTMENT Expenditure of Federal Funds 28 FOWLER, JAMES Deed to 711 FRANKLIN COUNTY Tax Commissioner 274

Page 813

FRANKLIN D. ROOSEVELT Creation of Warm Springs Memorial Commission 31 Warm Springs Commission, Appropriations for 6 FRATERNAL BENEFIT SOCIETIES Converted 690 FULTON COUNTY Civil Service Board 245 Commissioners 246 Pensions 247 School Pension Board 253 FULTON COUNTY CIVIL COURT Act Amended 287 Retirement of Judges 299 FULTON COUNTY CRIMINAL COURT Retirement of Judges and Solicitors 299 FUNDS Uses of Surplus 787 G GENERAL ASSEMBLY Educational Committee 713 Invitation to J. Knox Gholston to Address 716 Mileage Appropriation for Members 9 Reports of Senate-House Committee on Institutions 725

Page 814

GENERAL CIVIL AND PENAL LAWS Acts Tabulated 121 GEORGIA MILITARY COLLEGE Local Board of Trustees 217 GHOLSTON, J. KNOX Invitation to Address General Assembly 716 GLOVER, MRS. J. H. Payment to 720 GOULDS INLET Name Designated 714 GOVERNMENT Acts Tabulated 27 GOVERNOR Authority to fix Compensation of Certain Dept. Heads 27 GRIFFIN JUDICIAL CIRCUIT Salary of Court Reporter 95 GUM TURPENTINE AND GUM ROSIN Resolution Concerning 715 H HART COUNTY Commissioner and Board of Finance 260 Commissioners 260

Page 815

HENRY COUNTY Commissioners 265 HERTY, CHARLES H. Memorial Association 705 HOSPITALS Battey General 704 Regulations 34 State Hospital Authority Amendment 56 I ILA City Charter 499 INCOME TAX Abatement of for Members of Armed Forces upon Death 11 Those Serving in Armed Forces 16 INFECTED ANIMALS Appropriations to Match Federal Payment 7 INSTITUTIONS Reports of Senate-House Committee 725 INVESTIGATION Unauthorized Practice of Law 171 J JACKSON New City Charter 565

Page 816

JACKSONVILLE Charter Amendment 585 JUDGES Fulton County Civil and Criminal CourtRetirement 299 Judge of the Superior Courts, Emeritus 228 JURISDICTION Justices of the Peace 231 JURORS Compensation of 72 JUSTICE COURTS See Justices of the Peace JUSTICES OF THE PEACE Jurisdiction 231 L LABOR Child Labor Regulations 67 LAGRANGE Charter Amendment 585 LANDS Authorization of State Properties Commission to Sell 702 Social Security Board, Authority to Purchase 45 Trade of Certain 784

Page 817

LAW ASSISTANTS Court of Appeals 77 LICENSES Distribution of Fire Works in Certain Counties 139 In Certain Counties 18 LIQUOR Seizure of Conveyances Used in Violation of Law 96 LOCAL LEGISLATION See Counties and County Matters Notice of Intention to Ask 82 M MACON Charter Amendment 587 MACON CIRCUIT Supplementary Salary for Superior Court Judges 280 MACON MUNICIPAL COURT Act Amended 295 MADISON Charter Amendment 588 MEMORIAL ASSOCIATIONS Charles H. Herty 705

Page 818

MEMORIAL COMMISSIONS Franklin D. Roosevelt 31 MEMORIALS Chancellor Steadman V. Sanford 704 Lieutenant Vereen Bell 718 State Veterans Memorial Park 783 MILAN Charter Amendment 590 MILEAGE Appropriation for Members of General Assembly 9 MORGAN COUNTY Compensation of Commissioners 244 MOTOR CARIERS Tax Amended 77 MOTOR FUEL Tax Law 19 MUNICIPAL CORPORATIONS See Individual Cities Acts Tabulated 307

Page 819

MUNICIPALITIES See Individual Cities Annexation of Territory by 130 Recreational Facilities in 152 Zoning and Planning in 191 MUNIMENTS OF TITLE Out of State Wills as 83 McDONALD, BILLIE GENE Compensation to Parents 707 N NATIONAL GUARD Appropriation for Armories 5 NOLO CONTENDERE Plea of 142 NURSES Qualification 89 O OCCUPATION TAXES In Certain Counties 18 ORDINARIES Salary in Certain Counties 141 P PARKS State Veterans Memorial 783

Page 820

PELHAM Charter Amendment 592 PENSIONS Fire Departments in Certain Cities 136 Police Pensions in Certain Counties 143 PHOTOSTATIC EQUIPMENT For Superior Court Clerks in Certain Counties 231 PLANNING Zoning and Planning in Municipalities 191 PLEADING Rules in Civil Actions Promulgated 761 POLICE Pensions in Certain Counties 143 POOLER Charter Amendment 593 PORTS AUTHORITY Allotments to 696 Amendment of Act 60 Rentals for Western and Atlantic R. R. Used for 163 POULTRY Industry Regulated 147 Purchase of Drugs by Dealers 135

Page 821

PRACTICE Rules in Civil Actions Promulgated 761 Rules for Appeal and Review 726 PRACTICE OF LAW Authority to Investigate Unauthorized Practice 171 PRICE CEILING Protest of on Cotton 721 Protest of on Pulpwood 724 PRIVATE CORPORATIONS Acts Tabulated 687 Foreign Corporations 687 Fraternal Benefit Societies Converted 690 PROCEDURE See Criminal Procedure Rules in Civil Actions Promulgated 761 Rules of Practice and Procedure for Appeal and Review 726 PROPERTIES COMMISSION Authorization to Sell Land 702 PROTEST Price Ceiling on Cotton 721 Price Ceiling on Pulpwood 724 PUBLIC SAFETY DEPARTMENT Act Amended 39

Page 822

PUBLICATION Service by in Divorce Cases 770 PULPWOOD Protest of Price Ceiling on 724 R RECREATION County Recreational Centers 132 Facilities in Certain Cities 150 Facilities in Counties and Municipalities 152 REDEVELOPMENT Law Enacted 157 REGENTS University System 218 RESOLUTIONS Miscellaneous Subjects Tabulated 696 RICHES, PIVER COMPANY Compromise of Note 707 RICHMOND COUNTY Certain Tax Authority Repealed 240 Juvenile Institute 271 ROAD TAXES In certain Counties 94

Page 823

RULES Practice and Procedure for Appeal and Review 726 Procedure, Pleading, and Practice in Civil Actions 761 S ST. MARYS Charter Amendment 614 SALARIES See Compensation Atlantic Judicial Circuit, Supplemental Salary for Judges and Solicitor General 276 Bailiffs in Certain Counties 233 Dublin Circuit Solicitor General 277 Dublin City Court Judge 284 Griffin Judicial Circuit Court Reporter 95 Macon Circuit, Superior Court Judges 280 Ordinaries in Certain Counties 141 Sheriffs, Superior Court Clerks, Tax Collectors, Tax Receivers in Certain Counties 166 Sheriffs in Certain Counties 165 , 166 Superior Court Deputy Clerks in Certain Counties 223 SALARY SYSTEM Applied to Certain Officers in Certain Counties 167 SANFORD, STEADMAN V., CHANCELLOR Memorial 704

Page 824

SAVANNAH Charter Amendments 616 SCHOOLS See Education Bonds in Certain Counties 168 County School Superintendents 73 Operation on 24 Hour Basis in Certain Municipalities 219 SECURITIES Holding of by Banks 65 SEIZURE Conveyances Used in Violation of Liquor Law 96 SEMINOLE COUNTY Time of Holding Superior Court 279 SENATORIAL DISTRICTS Composition of 42 SENATORS Rotation of 42 SERVICE Publication in Divorce Cases 770 SHERIFFS Fees in Divorce Cases in Certain Counties 224 Salaries of in Certain Counties 165

Page 825

SILVERTOWN Charter Amendment 618 SOCIAL SECURITY BOARD Authority to Purchase Land 45 STEPHENS COUNTY CITY COURT Act Amended 285 SUPERIOR COURT CLERKS See Superior Courts SUPERIOR COURTS See Procedure Acts Tabulated 276 Atlantic Circuit, Supplemental Salary for Judge and Solicitor General 276 Bonds of Clerks in Certain Counties 222 Current Calendar 792 Fees of Clerks and Sheriffs in Divorce Cases in Certain Counties 224 Fees of Clerks 225 Judge, Emeritus 228 Dublin Circuit, Salary of Solicitor General 277 Macon Circuit, Supplementary Salary for Judges 280 Photostatic Equipment for Clerks in Certain Counties 231 Salary of Clerk in Certain Counties 166 Salary of Deputy Clerks in Certain Counties 223 Salary of Griffin Judicial Circuit Court Reporter 95 Seminole County, Time of Holding 279 Troup County, Terms 281

Page 826

SUPREME COURT Personnel 791 Rules of Practice and Procedure for Appeal or Review 726 Rules of Procedure, Pleading and Practice in Civil Actions 761 SURPLUS FUNDS Uses of 787 T TAX COLLECTORS Salary of in Certain Counties 166 TAX RECEIVERS Commission from Ad Valorem School Taxes in Certain Counties 170 Salary of in Certain Counties 166 TAX REFUNDS Procedure for Granting 25 TAXATION Abatement of Income Taxes for Members of Armed Forces Upon Death 11 Acts Tabulated 11 Amendment of General Act as to War Bonds 15 Exemptions from 12 In Certain Counties 25 Income Tax for Those Serving in Armed Forces 16

Page 827

License and Occupation Tax in Certain Counties 18 Motor Carrier Tax Amended 77 Motor Fuel Tax Law 19 Purposes of County Taxation 87 Road Taxes in Certain Counties 94 Tax Refunds 25 Teacher Retirement 24 TEACHER RETIREMENT Taxation for 24 TERRELL, H. E. JR. Payment to 719 THOMASVILLE Charter Amendment 620 THUNDERBOLT Authority to Pass Zoning Laws 621 TITLE Out of State Wills as Muniments of 83 TREASURER Assistant 65 TROUP COUNTY Terms of Superior Court 281

Page 828

TRUSTEES Local Board for Georgia Military College 217 TYBEE Charter Amendment 623 U UNIVERSITY SYSTEM Regents of 218 V VETERANS State Memorial Park 783 VOTERS Qualifications of 42 VOTING MACHINES Use in Certain Counties 174 W WAR BONDS General Tax Act Amended as to 15 WARE COUNTY Hospital Board 267 WARM SPRINGS Charter Amendment 626

Page 829

WAYCROSS School Tax 680 WELFARE State Board of 782 WESTERN AND ATLANTIC R. R. Rentals from Used for Ports Authority 163 WILLS Out of State Wills as Muniments of Title 83 WOODBINE Charter Amendment 684 WOOTEN, MRS. DOCK HARRISON Compensation to 706 WORKMENS COMPENSATION BOARD Compensation for 28 WORKMENS COMPENSATION LAW Act Amended 103 WORLD FEDERATION Approving Principle 697

Page 830

Z ZONING Airport Zoning Act 121 Zoning and Planning in Municipalities 191 Zoning Regulations in Certain Counties 203